This is so simple that it is probably the most difficult thing you will ever have to learn! We cannot allow claims to be litigated! How do we avoid litigation? You simply realize that it is not what you do that drives injured workers to attorneys, it is how you do it. Just this week I participated in denying two workers' compensation claims as not being compensable and neither worker was upset with the denial nor will they seek legal counsel to fight the denial. Why? Because in the process of denial we did, the right things.

Both denials were done face to face, not by an impersonal insensitive letter. In both cases we spent a few dollars that we clearly did not owe. We sent one driver home by plane instead of by bus (double the cost) so he would not be physically uncomfortable during his travel hours. We reviewed the medical records with both of these drivers and made certain that they clearly understood their physical conditions and why those conditions were not related to anything that happened at work. In one case we gave the driver a "to whom it may concern" letter that attested that they had no income. This allowed the driver to not pay any rent for his government-owned housing. We also agreed to continue his health insurance plan for another three months so that he could have the surgery that he needs and then hopefully return to work. Finally, we made it crystal clear to both of these drivers they have a job to come back to when they are physically ready. An empathic attitude is vital to control!