Navigating Workplace Injuries

1. Navigating Workplace Injuries Presentation by James F. Kidd Moran Kidd Lyons Johnson & Berkson, P.A. For

2. Florida Workers’ Compensation • Workers’ Compensation is state mandated and governed by Florida Statute 440 • Defines and determines an employee’s entitlement to and the amount of benefits when injured within the course and scope of employment • Workers’ compensation is a “no fault” system therefore, entitlement or eligibility for workers’ compensation is independent of the fault of the employer or employee

3. Elements of a Claim • What is an accident? • An unexpected or unusual event or result that happens suddenly • F.S. 440.02(1)

4. Elements of a Claim • What is an injury? • Personal injury or death by accident arising out of and in the course and scope of employment • F.S. 440.02(19)

5. Elements of a Claim • What is course and scope? • Occurring while performing job duties • On premises during work hours • Exceptions (special errands, traveling employee)

6. Elements of a Claim • Course and Scope is a fact specific determination • Never assume an accident falls outside the course and scope of employment based upon the activity a staff member was performing • Activities: Lunch breaks, errands, off the clock visits to employer • Location of accident: Parking lot, restroom, on way to work

7. Compensation Benefits • Compensation • Money allowance payable to employee or his or her dependents • Temporary total versus temporary partial disability benefits • Medical • Provision of medical treatment for which the industrial accident is the major contributing cause • Care must be authorized and is controlled by the carrier

8. Reporting of Injuries • What do you do when a staff member reports an injury? • Determine the extent of injury • Offer appropriate medical treatment • Call 911 if necessary • Reporting accident • Completion of Notice of Injury • Verify areas of injury and accurate description of accident • If possible, have staff member sign and date • Should be completed immediately and provided to HR • Time Requirements • Margaritaville Policy • Employee has 30 days per F.S. 440.185(1) • Employer has 7 days per F.S. 440.185(2)

9. Post Accident Drug Testing • Margaritaville is a drug and alcohol free work place • Committed to providing safe working environment free from illegal drugs and alcohol use for all staff members • Please see code of conduct in employee handbook on page 14 & 15 • All employees reporting workers’ compensation claim are subject to post accident drug test as outlined on page 15 of the employee handbook

10. Unrelated Conditions • Unrelated Injuries/Conditions • Obtain documentation from the injured worker • Prepare own documentation of cause of condition/injury

11. Accident investigation • Documentation, documentation, documentation • Employees statement/Notice of Injury • Witness statements • Pictures • Investigation (location, job duties, mechanism) • Preserve evidence (defense and subrogation)

12. Compensability/Covered Accidents • Are all injuries compensable? • No, but all should be reported to establish the following defenses: • Major contributing cause - medical determination • Not within the course and scope • Intoxication • Notice • Horseplay • Deviation from employment

13. Return to Work • Margaritaville Policy • Determine and monitor employee’s work status • When released to light duty determine if modified position within assigned restrictions is available • If so, extend light duty offer in writing • Verify that work is and remains within their restrictions • Why provision of light duty work is critical • Assists staff member with transition back to work • Avoids “for the people” • Assists staff member with maintaining an income stream

14. Litigation • All litigation must go through home office • If a staff member retains an attorney, all communication must cease regarding work related injury but for confirmation of work status and the availability of work • Staff members will forward all questions to representative who will communicate with the adjuster directly and not through the employer • Confidentiality

15. Prevention • Communication is key to a safe working environment • Proper training on use of equipment • Safety meetings • Communication of procedures designed to promote and ensure safety • Emphasizing Margaritaville’s commitment to employee safety • Reporting and eliminating hazards in the workplace • Proper training on procedures and policies • Uniform enforcement of policies and procedures

16. Golden Rule • Treat your staff members as you would like to be treated in similar circumstance “Caring and a smile results in no litigation on the file”

17. Guest Injuries • Guest Incidents • File a witness statement • Report/form • When • Who • Offer medical assistance and document offer • Follow up with guest • Inform home office of incident • How • When • Investigation

18. Guest Incident Compensation • Compensating for a guest incident is not always advisable as it could be perceived as an admission of guilt • Follow up calls to the guests to send the message that we care

19. Guest Incident Filing Procedures • Guest Statement – Guest must write in their own words along with signature and pertinent information • Name/address/phone number • Description of incident • Body part injured • All witnesses

20. Guest Incident Filing Procedures • Witness Statements • Description of incident with 5 W’s • Who/what/when/where/why • Date and time of alleged incident and when reported • Pictures • Medical accepted or declined • Inform home office • DO NOT RELEASE ANY WORK PRODUCT • Any reports, e-mails, internal documents or any documents prepared in anticipation of litigation • These should not be released except through legal counsel • Preserve evidence

21. Any Questions? James F. Kidd Moran Kidd Lyons Johnson & Berkson, P.A. 111 North Orange Avenue, Suite 1200 Orlando, Florida 32801 407-841-4141 JFKidd@morankidd.com