'Workers' Compensation 101: What HR Pros Need to Know About Comp' & 'HIPAA for HR Professionals'

Part One: Injury at Workplace

• Who can Sue? What rights do Seasonal Employees have?
• What Is a claim petition?
• Why Do Some Employees file suit?
• What injuries are compensable?
• Arise out of and in the course of Employment
• What about injuries that occur at lunch? In the parking lot?
• The difference between 'traumatic' and 'occupational' injuries.
• Defenses to claims.
• The role of HR in reducing WC Costs.

Part Two: Benefits Available to Injured worker

• Temporary Disability (Wage Compensation)
• Medical treatment
• Permanent disability
• Who controls medical treatment in New Jersey?
• What happens if we don't provide medical treatment?
• What happens if we don't pay wage continuation benefits?

Part Three: What happens when medical treatment is over and the employee returns to the workplace.

• How are cases resolved? Trial, Settlement, Judgment.
• What input does the employer have into settling cases?
• Does the employer have to accommodate work restrictions?
• Does the employer have to provide 'light duty work' for disabled workers?
• What happens to benefits in the case of termination?

'HIPAA for HR Professionals'

Background

• The Act
• A (very) Brief look at Title I: Portability and ‘Look Back’
• Today’s topic in brief: “The Privacy Rule”
• Is it working?

The Privacy Rule - What You Can Disclose and What You Must disclose

• Dates & Deadlines
• Notification & Enforcement
• So, Who Is a ‘Covered Entity’?
• So, What is Covered? (What “PHI” do I have to watch out for?)
• When you CAN disclose PHI.
• When you MUST disclose PHI.
• In a Nutshell: The Privacy Rule “for Dummies”
• Transactions & Code Rules
• Security Rules & Identifier Rules
• The “Enforcement Rule” or “Why Do We care?”

For HR Pros: Applying the Privacy Rule

• Workers’ Compensation, FMLA, LAD, etc.
• Other Types of Claims (non-workers’ comp)
• For Carriers and their ‘Business Associates’
• Where to Go for More help:

Gregory Lois

Greg Lois is an attorney admitted to practice since 2001. Greg is admitted in New York, New Jersey, and Massachusetts and maintains offices in New Jersey (Gateway Center, Newark) and New York (140 Broadway, 51st Floor). Greg is a Partner at Tompkins, McGuire, Wachenfeld & Barry, a mid-size firm representing litigants in a wide spectrum of matters, including business and commercial litigation, insurance coverage, professional malpractice, workers compensation, personal injury, construction litigation and real estate related litigation. Greg has served as lead attorney on more than 25 trials involving workplace discrimination, workers' compensation, and civil claims.

Author of “New York Workers’ Compensation Law, 2009 Ed.” (ISBN 1448670659);
Co-author of "New Jersey Workers' Compensation Law, 2010 Ed. "(ISBN 978-1449555276).

Education

• Rutgers University School of Law- Newark — J.D., 2001
• St. Mary’s College of Maryland — B.A. Economics, B.A. Political Science, 1997

Notable Presentations

• ‘ Applying the HIPAA Privacy Rule” for Broadspire/Sompo Insurance Co., February 24, 2010.
• ‘ Workers Compensation 101” for Gallagher Bassett Services, August 19, 2009 (Syracuse, New York).
• 'Title II: the HIPAA Privacy Rule' for Sompo Insurance Co., April 30, 2009.
• ‘ New Jersey Workers' Compensation Law' for Sedgwick Claims Management/Pepsi, Oct. 17, 2008.
• 'Reducing Workers' Compensation Costs' for Chubb Insurance Services, October 8, 2008.
• 'Workers' Compensation Claims Handling' for Broadspire Claims Services (Melville), April 8, 2008.
• 'Developing a Comprehensive Prevention Strategy for Workplace Injuries,' (OSHA Requirements), National Business Institute, May 2006.

Other

• Member, New York State Bar Association.
• Member, New Jersey State Bar Association.
• Member, Massachusetts State Bar Association
• Bergen County Representative, NJSBA Young Lawyers Division, 2000-2004.
• My website: http://greglois.com

Personal:

Greg grew up in Bergen County and now lives in Ridgewood, New Jersey.