Although senior management generally does not actively participate in injury management projects, you need their approval and support to embark on an injury management program.
Senior management is most interested in the bottom line:
- What the program is costing the company.
- How much money the company saves on the outcome, such as in shorter duration of injuries and illnesses, a return-to-work/transitional duty program brings employees back to work more quickly, lower experience modifications, etc.
Following are some of the ways senior management can be expected to participate in an injury management program. Remember, the injury coordinator must compile and present the statistics senior management needs to make informed decisions. Once these numbers are compiled, senior management will be able to perform the tasks listed below.
- Determine the cost of workers’ compensation at their facilities.
- Explain the Sales Required to Pay for Accidents grid so management can grasp the concept of how much it costs in sales to pay for workers’ compensation.
- Recognize basic elements of the your company’s new injury management program and be able to ask the middle managers at least four questions about their program:
Ask for the number of injuries at the facility this month.
Ask how many employees are currently out of work.
Ask how many employees are currently on transitional duty.
Ask if there are any obstacles where senior management can be of assistance.
- Discuss injury management issues with middle managers as they occur at their respective facilities.
- Appoint staff to provide oversight and input to handle claims and guide the injury management implementation program. A dedicated staff may not always be necessary, but it is important to provide enough staff to closely monitor claims
- Encourage a positive approach suggesting a “CAN DO” attitude. Even a company with very few injuries benefits from implementing a system, by controlling the handling of claims and lawsuits
- Require the ”Reduction in Lost Workdays” as a key performance indicator of how well each division is achieving return-to-work goals. Use this indicator as a consideration in middle management’s bonus/payment process. Divisions with the best reduction in lost workday indicators would warrant the highest bonuses. (workersxzcompxzkit).
Author: Robert Elliott, J.D. Follow Us On Twitter: www.twitter.com/WorkersCompKit
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Businesses must always have injury management programs reviewed by a legal resource to ensure the program complies with federal and state workers’ compensation regulations for every state they operate in.
Once the injury coordinator has written the first draft of the company Workers’ Compensation Program, this document should be passed on to the legal department or legal advisor.
It is essential your program document and manual is reviewed by legal staff. If there are discrepancies between your state laws and your company’s implementation, you may have trouble in the future.
It is better to take the time and spend the money upfront when implementing an organized Workers’ Compensation Program plan so all the “Tees” are crossed, so to speak.
Be sure your legal staff does the following:
- Review all injury management policies, procedures and accompanying documentation to assure they adhere to federal and state laws.
- Participate in weekly meetings and give legal advice as appropriate.
- Your legal department will also be of assistance in the following circumstances:
- When developing a strategy to handle employees who are unable to safely perform the job. Work with your loss control department to make these jobs safer.
- All policies and procedures used for the workers’ compensation management initiative must be reviewed by your insurance resource. In some cases, your insurance resource may refer you to a legal resource. (workersxzcompxzkit).
- If there are legal or medical questions about whether the injury was pre-existing.
- If you have any questions about when an investigation would not be appropriate.
Author: Robert Elliott, J.D.
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Do not use this information without independent verification.
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©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
INTRODUCTION
Communication is the key to limiting damage and expense but few in the compensation process stress employer communication because of the financial gains to be had from the silence, total or partial, characterizing employer participation in the majority of claims.
Nothing better illustrates this than the tolerance of the workers’ compensation system for woefully inadequate C-2s – the employer’s report of injury, mandated by law under penalty, which MUST be completed FULLY within ten (10) days of the accident. Yet nearly everyone in the workers’ compensation process has NEVER seen a fully completed C-2 and few transmitted in ten days or less.
Why is such laxity tolerated? It makes money for many people and confers power on the bureaucracy. Few attorneys in compensation can relate a single instance of a penalty assessed against an employer for failure to make a proper, timely report of injury. Few, if any, have ever requested such a penalty be made. But a much harsher penalty, in the form of soaring compensation costs is more surely collected from employers every day.
Attorneys for workers in compensation take it for granted only a small fraction of the useful and necessary information will be available to the judge at the first hearing. What follows are requests for adjournments and directions to the carrier to somehow obtain the information. The delay “builds a period,” meaning a larger award for benefits will eventually be made resulting in larger attorney fees, for both sides, and a longer and larger period and amount of reserves for the carrier – which means a higher premium. (workersxzcompxzkit).
A very different scenario plays out when the employer provides a torrent of information as soon as possible – and follows up to make sure it has been read, understood and utilized. The employer gains in the end and the honest worker benefits most in the beginning.
What follows are a number of actual cases and the consequences of silence.
Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.
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Do not use this information without independent verification.
All state laws vary.
WASHINGTON State Accepting Grant Applications for Improving Safety
New grant applications for improving safety and health in the workplace are now being accepted by Washington’s Department of Labor and Industries (L&I), with an estimated $2,500,000 available for grants in this funding cycle.
L&I Director Judy Schurke noted it is especially important to find innovative ways to keep workplaces safe in today’s economic climate,: “A healthy workforce lowers employers insurance costs, helps businesses meet today’s economic challenges, and keeps workers safe from injuries or illnesses,” she said.
Schurke said the previous grant award winners were instrumental in developing creative, new ways in advancing safety and health for workplaces in Washington.
Safety and Health Investment Projects (SHIP) grants are awarded to projects seeking to prevent workplace injuries and illnesses, save lives, and educate workers and employers about workplace hazards and safe workplace practices. Priority is given to proposals involving cooperation between employers and employees or their representatives.
Organizations eligible to apply for grants include trade and business associations, labor organizations, employers, employee organizations, joint labor/management groups, and groups of employees. A Grant Review Committee of business and labor representatives helps L&I review grant proposals. (workersxzcompxzkit).
Completed applications must be received in the SHIP office or post marked not later than Aug. 31. Applications submitted on previous forms of the SHIP application will not be accepted.
For additional information or assistance contact the SHIP program office at (360) 902-5588 or invest@lni.wa.gov.
Author: Robert Elliott, J.D
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©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
New Louisiana Law Provides Cost Controls and Quality Medical CareThe American Insurance Association (AIA) applauds passage of Louisiana’s SB303 workers’ compensation medical treatment legislation designed to ensure the timely delivery of quality medical treatment to injured workers while controlling rising employer costs. Governor Bobby Jindal is expected to sign the legislation.
The legislation aims to achieve these goals by requiring medical treatments to adhere to a new treatment schedule and such treatments must be in accordance with the principles of evidence-based medicine (EBM).
“Adoption of SB303 will help injured workers receive high quality medical treatment when it’s most needed without bureaucratic delay,” said John Marlow, assistant vice president for AIA’s Southwest Region. “This legislation is a good first step in reforming Louisiana’s workers’ compensation system,” added Marlow. “SB303 represents a common-sense agreement between labor, employers and the medical community as to what’s best for Louisiana’s workers,” said Marlow.
The legislation requires the director of the Office of Workers’ Compensation Administration to establish a medical treatment schedule, in accordance with EBM principles, which the Administration must formally adopt by September 30, 2010.
The director will also be responsible for appointing a medical advisory committee, contract with a medical director in order to oversee the development and mandated bi-annual review of the treatment schedule. ”AIA will work with advisory committee members to ensure the new medical treatment schedule adheres to sound evidence-based medicine principles,” said Marlow.
“The committee can also take steps to reduce costs by applying Medicare fee schedules to reimbursements, requiring Medicaid rates be used for pharmaceutical reimbursements, and compelling the utilization of employers’ designated physicians and treatment networks,” added Marlow. (workersxzcompxzkit).
“Louisiana’s workers’ compensation system now has a significant opportunity to advance access to quality treatment while reducing employer costs,” Marlow concluded.
Author: Robert Elliott, J.D.
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©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Noted authority of workers’ compensation, Thomas Robinson, J.D., Lexis Nexis primary upkeep writer, has found an interesting case this week for us. Lexis Nexis Workers Comp Law Center has many interesting writings about current cases.
Here’s what happened
Claimant, a bartender at one of her employer’s restaurants, sought workers’ compensation benefits for injuries she suffered when she was struck in the back by a stray bullet. The incident occurred near midnight, when claimant was standing at the bar near the front of the employer’s premises. The stray bullet was fired from outside the restaurant. It shattered the employer’s large front window before striking claimant. It was later learned that the shooting was gang-related; two men were charged and convicted in connection with the incident. Following a hearing, at which the employer introduced expert evidence that anybody in the restaurant or passing by it that evening faced the same risk of injury as claimant, an arbitrator nevertheless found claimant proved that she sustained accidental injuries arising out of and in the course of her employment and awarded claimant permanent total disability (PTD) benefits for life pursuant to section 8(e)(18) of the Act (820 ILCS 305/8(e)(18) (West 2004)). The arbitrator also ordered employer to pay $ 80,108.19 for necessary medical expenses incurred by the claimant. The Workers’ Compensation Commission affirmed and adopted the arbitrator’s decision. The circuit court confirmed the Commission’s decision and the employer appealed.
Here’s how the court decided
An Illinois appellant court, in Restaurant Dev. Group v. Oh, 2009 Ill. App. LEXIS 407 (June 16, 2009), affirmed. The court observed that there are three types of risks to which an employee might be exposed, namely: 1) risks distinctly associated with the employment; 2) risks which are personal to the employee; and 3) “neutral risks which have no particular employment or personal characteristics.” Noting further that stray bullets were generally considered to be neutral risks, the court indicated compensability centered on whether the conditions of the employment increased the risk of being struck by a stray bullet over the risk faced by the general public. The court found that the manifest weight of the evidence established that claimant was exposed to a stray bullet risk to a greater degree than that to which the general public was exposed. The employer’s restaurant was located in a high crime area with rival street gangs feuding over turf. Crime data revealed that the restaurant was located in a police district whose crime rates for violent crimes and shootings placed it in the top 25% to 33% of all police districts in the City of Chicago. The assailants lived a short distance form the restaurant and were shooting at a rival gang member driving in the neighborhood. Claimant bartended near the restaurant’s floor-to-ceiling windows, adjacent to the street, where her body was exposed. Further, there was a history of gunfire in the neighborhood spanning many years. Claimant’s employment required her to work late at night, on weekends, when most of the shootings were taking place. All this supported a finding that claimant faced an increased risk of being struck by a stray bullet.
See generally Larson’s Workers’ Compensation Law § 7.01.
Author: Tom Robinson, J.D.
Tom Robinson, J.D. is the primary upkeep writer for Larson’s Workers’ Compensation Law (LexisNexis) and Larson’s Workers’ Compensation, Desk Edition (LexisNexis). He is a contributing writer for California Compensation Cases (LexisNexis) and Benefits Review Board – Longshore Reporter(LexisNexis), and is a contributing author to New York Workers’ Compensation Handbook(LexisNexis). Attorney Robinson is an authority in the area of workers’ compensation and we are happy to have him as a Guest Contributor to Workers’ Comp Kit Blog. Tom can be reached at: compwriter@gmail.com.
http://law.lexisnexis.com/practiceareas/Workers-Compensation ReduceYourWorkersComp and WorkersCompKit
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©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Training ALL your employees to know injury procedures before a work-related injury occurs – just as you would plan a fire drill – is instrumental in holding down your company’s workers’ compensation costs.
Six Training Guidelines to Follow
1. Implement a training seminar, lasting one hour, to introduce and reinforce injury management program concepts to your management and to distribute new workers’ compensation materials. The goal is to inform management of workers’ compensation concepts and how workers’ compensation costs are affecting the company.
2. Schedule an in-service training session for supervisors to train them in correct post-injury responses in the event of a work-related injury.
3. Like fire drills, when a work-related injury occurs, every supervisor and employee must be able to demonstrate exactly what to do, where to go, and how to obtain help.
4. Convene small-group employee training sessions to discuss post-injury response training and integrate new roles and responsibilities into the work culture.
5. Training includes instructing employees on who to notify when a work-related injury occurs and what their responsibilities are if they witness a work-related injury. (workersxzcompxzkit)
6. Have employees sign an in-service acknowledgement indicating they have received post-injury response training.
Author: Robert Elliott, J.D.
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Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact �
WorkSafe Saskatchewan Reminds Employers and Youth Workers about Safety
According to WorkSafe Saskatchewan, more injuries to young workers occur in July and August than at any other time. More than half occur in four industry sectors: service industry, construction and building, retail stores and manufacturing.
In 2008, more than 8,000 Saskatchewan workers between the ages of 15 and 24 years were injured at work, some permanently. The most common injuries were to hands, backs, legs and eyes. During the same year four young people died from work related injuries.
Through Mission: Zero, WorkSafe Saskatchewan is partnering with The Ministry of Advanced Education, Employment and Labour (AEEL), and the Saskatchewan Workers’ Compensation Board (WCB), to remind employers and employees about workplace safety.
AEEL’s readyforwork.sk.ca website contains tips to help new, young and seasonal workers have a safe summer job experience.
Remember one’s rights
1. You have the right to know about existing hazards and how to do any task safely.
2. You have the right to participate in your company’s safety and health activities.
3. You have the right to refuse unsafe work.
Remember one’s responsibilities
1. Always report any hazards you notice to a supervisor.
2. Use all equipment properly, in accordance with safe operating procedures.
3. Never remove a protective guard or safety switch. It is against the law.
4. You are responsible to properly wear the protective gear required.
Don’t be afraid to ask
1. There is no such thing as a dumb question. Asking a little question could save your life. As a new worker, you may even notice existing hazards others have missed.
2. Always ask your supervisor or an experienced worker if you are not certain of the safest way to do something, or if a situation looks unsafe. Never be afraid to ask if unsure … it may save you or others from serious injury or death.
Signs a workplace may not be safe
1. Other employees are getting injured on the job.
2. You work without direct supervision.
3. You have not been trained properly.
4. Equipment is unguarded or broken.
5. Chemical containers are not labeled.
6. Shortcuts are used to save time.
7. There is poor housekeeping and maintenance, e.g. floors are slippery and electrical cords are frayed. (workersxzcompxzkit).
Employers, first time and seasonal workers, and their parents, can learn more about working safely at www.readyforwork.sk.ca and www.worksafesask.ca.
Author: Robert Elliott, J.D.
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�
Alberta, Canada Workers’ Compensation Board (WCB) Reports Statistics for 2008
“We are confident in the long-term health of Alberta’s workers’ compensation system,” Chair of the Board, David Carpenter told stakeholders. “We are pleased to work closely with a management team who understands the value of planning today to provide support for our stakeholders tomorrow.”
By carefully charting a clear long-term business strategy, WCB-Alberta and its partners faced the economic challenges of 2008 and successfully weathered the ups and downs of the global financial market.
The 2008 results presented to stakeholders at its annual general meeting this month reportedly demonstrates the foundation of the workers’ compensation system in Alberta continues to remain strong and stable.
Despite an increase in the number of Albertans covered by the workers’ compensation system in 2008 (to 1.8 million), overall injury rates decreased or remained stable. The unrelenting focus of the organization and its partners on return-to-work results drove this success, resulting in unprecedented outcomes. (Italics added)
Highlights from the WCB’s 2008 Annual Report include:
1. 93 per cent of injured workers returned to the job
2. The time-lost claim rate decreased to 1.8 per 100 workers
3. The disabling-injury rate decreased to 3.4 per 100 workers
4. The system remained funded at 111.7%
“We’ve faced a tough economy before, but we have never been in a better position to make it through,” Guy Kerr, WCB president and CEO told stakeholders. “The system is fully funded, we have strong partnerships in place, and our business is more focused than ever.” (workersxzcompxzkit).
Author: Robert Elliott, J.D.
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©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Lately there’s been a lot of buzz in the media about illegal workers hired by employers and what rights these workers have under workers’ compensation laws when they are injured in the workplace.
From its very beginnings (1914) workers’ compensation has had to deal with injured workers with legally questionable statuses such as:
1. Illegal residency or work status.
2. Underage employees working in violation of labor laws.
3. Fraudulent misrepresentation to obtain employment.
4. Inherently unlawful business (bars ands distilleries during Prohibition).
Conditions 1-3
The first three involve workers who, by law, cannot be part of the workforce. Nevertheless, many are and many are injured. Work compensation laws have, in New York, always held that the irregular, or even unlawful, status of a worker is not a bar to benefits for work injury. (Italics added).
In the first decade of workers’ compensation in New York many reported court decisions involved efforts to deny benefits because of violations of laws. Fraudulent misrepresentation, it was argued, led to a nullification of the employer-employee relationship, therefore voiding comp benefits. These arguments never succeeded. (Italics added).
The employment of workers who entered the United States illegally, or who do not have permission to enter the workforce, is not new and no effort to deny benefits has ever succeeded on those grounds since the workers’ compensation law was passed in 1914. (workersxzcompxzkit).
Condition 4
It is a different story with inherently illegal business activity. Operations entirely devoted to gambling, illegal distillations, loan sharking, drug transport, etc. are not covered under workers’ compensation laws. That, however, is the least of the workers’ worries. Obviously, people in these activities are often hurt but no claim is possible.
Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.
Our links are now updated. Try them out.
Visit Our Websites: ReduceYourWorkersComp and WorkersCompKit
Try Our FREE Workers’ Comp Best Practices Quick Check
See Our: Workers Compensation ToolKit
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Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
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