Is the work injury the beginning of a problem--or the culmination of one? Or could it be no problem at all?
 
Sunday  at 6:30 PM on CN8, The Comcast Network The American Law Journal presents "Workers' Compensation: the Employer--Employee Relationship" with claimants' attorneys George Badey of Badey Sloan & DiGenova and Anthony Vellner of Vellner Law Offices. Respondent's counsel Andrew Greenberg of The Chartwell Law Offices and the Hon. Joseph Hakun round out this program produced at The Union League in Center City Philadelphia.
 
"Withdrawing to the foxholes, that's what I call it," Vellner says referring to both employer and employee once the comp process starts. "That's not the way it should play out . . . but often that is how it is."
 
To some, the work injury is the final act.  "Sometimes the work injury isn't the beginning of the problem," states corporate counsel Greenberg. "Sometimes the work injury is the culmination of the problem. You have an employee with attendance problems . . . or not doing the job well, or a problem with co-workers. Sometimes the work injury is . . . the last straw so to speak."
 
"From my perspective," responds Badey, "I often see the injury as the beginning of the deterioration of the relationship.  I have had clients employed for many years who have been good, solid, hard-working employees and when they suffer a work injury there is this natural tendency on the part of the employer to think 'oh, they are going to try and get money from our insurance company.' All of a sudden there were attendance problems, disciplinary issues . . . never mentioned before."
 
The panel addresses what both employers and employees can do to reduce the acrimony and soothe tensions before they erupt into litigation. "Mediation is playing a more vital role," says Judge Hakun, "although apologies or statements of concern [for the injured employee] are rare because we live in a culture that believes if you say anything, it's an admission."
 
Next week: "Sexual Harassment--Beware the Consensual Relationship at Work."

The American Law Journal broadcasts every Sunday night at 6:30 p.m. on CN8, The Comcast Network and   is available free on demand--click here for the  website.