Focuses on the role the claims examiner plays in preventing any successful discrimination, harassment or retaliation charges. Identify Ten Do's and Taboo's for claims professionals at crucial stages of the claims process customized for the policies and procedures established by their employer.
Are your workers comp claims professionals - from examiners and analysts to underwriters - aware of the staggering changes to California law that have made disability discrimination the newest "bet the company" litigation for employers? Do they know that the way WC claims are handled may make - or break - the employer later charged with disability discrimination? Will they recognize the critical role a return to work/modified duty decision plays in FEHA lawsuits? Do they understand how juries view the words and actions of everyone in the claims process as a source of evidence to prove an employer's motives? Will they recognize their responsibilities - and the major limitations of their roles - in advising their clients on how to address potential legal landmines before they explode into lawsuits?
Participants Will Learn To:
- Understand, in plain English, the maze of legal risks facing California employers, by focusing on their critical roles in their organization's (or their clients') response to modified duty decisions and workplace assignments for disabled employees; whether following a workers' compensation leave or at the request of an employee who has a non work-related disability.
- Identify essential procedures for early identification of WC claims that will ultimately require the employer to engage in the "interactive process," before making a work return/modified duty decision.
- Recognize the role the claims process plays in preventing — or creating — successful discrimination, harassment or retaliation charges.
- Identify Ten Do's and Taboo's for claims professionals at crucial stages of the claims process customized for the policies and procedures established by their employer.
- Appreciate the potential impact of their actions and communications when offered as evidence in a jury trial, including email that will e-nail the employer in the courtroom (e.g., "we don't want this employee back"). Follow nine principles of effective documentation, so that your business communications work for you — not against you — in a legal dispute.