This sure sounds familiar to what we are facing in health care, and what some have suggested might be a good way to revamp the WC system — throw it in with the federal system. Watch out! Private employers could become part of FECA…
There’ll be a simpler and more efficient industrial relations system for South Australia’s private sector starting January 1, 2010, following legislation passed by State Parliament this week enabling this state to join the new, reformed national Industrial Relations (IR) system.
Industrial Relations Minister, Paul Caica, says the passage of the Fair Work (Commonwealth Powers) Bill 2009 is a major step forward for private sector workers and employers in this state.
“A key benefit of the national system is, for the first time, South Australian private sector employers and workers will have the one set of industrial relations laws to work with,” Caica said.
“For employers, participation in the national system will slash red tape, eliminate regulatory overlap and simplify and streamline compliance measures. It will be easier to do business in South Australia for both company resident here and those who trade across state borders. There will be better and clearer protections for workers who participate in workplace negotiations, access their rights, or who become members or delegates of the relevant union. Collective bargaining arrangements will be of particular benefit to low paid workers who will have access to the help of Fair Work Australia. The referral of certain IR powers to the Commonwealth will ensure that the SA Government and Parliament have a direct say in the industrial laws that apply to the whole community.”
SA has played a major role in creating a more streamlined IR system for the entire nation. “This state has been instrumental in developing this process and bringing the Commonwealth, states and territories together to progress this historic reform,” Caica continued. ”With SA being the first state to agree to refer certain IR powers to the Commonwealth, the legislation drafted to allow it to do so has been used as a model for other Australian jurisdictions, including Victoria, Queensland and Tasmania.”
In June, Caica announced that SA had reached in-principle agreement with the Federal Government to participate in the new system for the private sector. He said at the time that South Australia’s private sector participation in the national system had already been the subject of extensive and detailed consultations, and enjoyed general support across the employer and union spectrum. (workersxzcompxzkit)
Following passage of the legislation this week, Caica said that to ensure effective local and regional service delivery arrangements, SafeWork SA industrial staff would undertake a large number of education visits over the next three years to workplaces transferring from the state jurisdiction to the national system.
Author Robert Elliott can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
TO DOWNLOAD FREE AUDIO PODCAST, “How To Prevent Fraud,” click here: http://www.workerscompkit.com/gallagher/mp3
By: Anthony Van Gorp, private investigator with 25 years experience.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers’ comp issues.
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
While just one suspicious happening isn't enough to suspect fraud, according to Arthur J. Gallagher Risk Management Services, Inc., it is helpful to know the red flags that tend to be present on fraudulent claims. Six Red Flags to Suspect Fraud If you see three or four of the following, be wary: 1. Disgruntled employees: lay-offs, demotions, firings. HR should make them feel included. Forty to 50 percent of workers file workers' compensation claims are filed within six months of termination during layoffs. 2. Injured employees who are hard to contact while they are off work. 3. New employees are statistically more likely to commit fraud. 4. Workers' compensation claims with no witnesses. 5. Accidents on Fridays or Mondays (depending on your company's workweek, look for events at the end or beginning of the week.) 6. Your company is about to announce layoffs or the union has an announced strike coming up. Or, if your business is outdoors and the weather is about to turn cold – examine claims during these times more closely. Thirteen ways to verify accident accounts: 1. Ensure employees that reporting fraud will be kept in confidence. 2. Look to YouTube for videos that show methods of fraud. 3. Pay attention to witnesses in liability claims without specific identities. Your witness could be well-known to the claimant or staged to be interviewed. 4. Cross-tracing witness addresses and interviewing witnesses can help verify claims and see when you need to call in assistance. 5. Look for multiple aliases, addresses and association memberships within the claimants and witnesses. 6. Using neural nets you can see where witnesses and claimants addresses line up. 7. Hire a consultant when you need help investigating a claim. 8. Take photos and collect specimens at the site of the accident. For example, if there is a chemical spill that results in burns, collect some of the chemical to verify the claim. 9. Documentation and responsiveness is key – for example, surveillance tapes can be destroyed if you don't get to them soon enough. 10. Check motor vehicle records – do other crimes indicate the client could have had an alcohol problem which could have affected the incident, for example. 11. Digital video records must be brought into evidence and maintained in a chain of custody. 12. Use internet investigations on the claimants, for example, check status updates on Facebook to see if the person is truly injured. (workersxzcompxzkit) 13. Use private investigators to do surveillance when necessary. Material from Arthur J. Gallagher Risk Management Services podcast. Narrated by Anthony Van Gorp, private investigator, Investigative Solutions and Consulting, Inc. To Download FREE Podcast, "How to Prevent Fraud," click here: http://www.workerscompkit.com/gallagher/mp3
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers' comp issues.
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
The first step in improving workplace safety is finding out what you already have in place. Three Steps for Your Initial Assessment 1. Review all existing safety programs. 2. Identify gaps. 3. Determine if there was support for the program, and if not, why. Determine the needs and objectives of the new program (remember to research regulatory requirements!). It is helpful to review loss history to look for trends. "Near Misses," in which an accident didn't occur, but could have, can give a good indication of inadequate hazard controls. Establish program goals that are attainable. Zero injuries or illnesses may not be a realistic goal, but "below Bureau of Labor rates" is certainly achievable. Take a look at the Bureau of Labor Statistics for annual occupational injury and illness rates. Assign Roles & Responsibilities While the ultimate responsibility for safety lies with all of management, designate someone to lead the safety process (i.e., safety director, safety team leader). If you do not already have someone in place, a safety professional or consultant should be engaged. A trained safety professional or consultant can readily identify issues through hazard evaluation. In addition, he can help with prioritization and risk assessment to ensure your organization gets the most impact for any dollars spent. (workersxzcompxzkit) The critical role of the plant manager and the first-line supervisors cannot be overstated. They need to have a working knowledge of OSHA's regulations and the skills to implement a safety program. Using a team approach, decide who is going to do what, when, and how. The use of action plans will help keep the process on track.
FREE podcast "Preventing Fraud": 50 minutes. Downloadble directly to Media Player or MP3> Click here: http://www.workerscompkit.com/gallagher/mp3/ Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers' comp issues.
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
The possibility of disciplinary action against a health and safety representative who posted his concerns on a company bulletin board spurred a brief protest recently at a manufacturing shop in Guelph, Ontario. The action followed a meeting earlier this month between officials at Hitachi Construction Truck Manufacturing Ltd and the worker representative on the joint health and safety committee.
In his posting, the representative made reference to an incident weeks ago in which a crane used to lift truck frames was damaged and presented a safety concern, confirmed Robin Dudley, chair of Local 1917 of the Canadian Auto Workers union. “It turned out the crane was damaged, the chains were stretched at the end of the day and the cable had to be replaced,” he added.
Dudley says ”there had been some flak from the guys to the rep and myself that nothing was being done about the situation.” A report was sent to the Ministry of Labour arguing that, “. . . the supervisor should be removed” due to incompetence, Dudley said. “He posted his comment sheet on the bulletin board saying that they had very little faith in the supervisor and felt he should be terminated.”
During the resulting meeting, Dudley notes company officials said “they were going to write him up” by the end of the work shift and could even terminate him, which trickled down to the shop floor. “The guys got word of that and stood behind their rep and out they went,” Dudley said.
About 50 or 60 workers protested, spending approximately 45 minutes in the company’s parking lot before agreeing to return to work. Dudley says the union rep has not been written up to date, but was asked to remove the bulletin board posting, which he did. Company officials declined to comment on any possible disciplinary actions, saying that “we do not review or discuss personnel issues with people not directly involved in such matters.”
Dudley acknowledges that “in our contract, it does say that anything that is posted on any company bulletin board is supposed to be reviewed by the company.” However, he adds, “I’ve been the chairperson for nine years and I’ve never reviewed a thing with them.” (workersxzcompxzkit)
Company officials and the union met again soon after, but the issue had not yet been resolved, Dudley reported.
To Download FREE Podcast, How To Control Fraud, click here: http://www.workerscompkit.com/gallagher/mp3
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers’ comp issues.
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
A California woman was sentenced to 5 years formal probation and six months in the Sacramento County jail after pleading guilty to felony charges of workers' compensation fraud, insurance fraud and attempted perjury. She was also ordered to repay the insurance company $29,225.00 in restitution Sacramento District Attorney Jan Scully announced. In May of 2007, the defendant worked as a Wal-Mart cashier and claimed to have hurt her lower back while lifting a heavy object. After filing a claim for workers' comp benefits, she failed to inform treating physicians about a previous motor vehicle accident and previous surgeries. She was also videotaped on numerous occasions shopping, walking, sitting and lifting items for several hours at a time without signs of injury. (workersxzcompxzkit) Supervising Deputy District Attorney Kelly Lynn Mulcahy states, "Today's sentence is justice served with repayment to the insurance company for the administration and investigation expenses of the fraudulent case and county jail time for the offender. With the hard work of District Attorney Investigator Cristina Tanghetti, the evidence needed to build this case was collected putting an end to this fraudulent workers' compensation claim." To Download FREE Podcast, How To Control Fraud, click here http://www.workerscompkit.com/gallagher/mp3 Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers' comp issues. ©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
How to Hire an Investigation Company Even if you do everything right - document the claim, interview your witnesses, follow workers' compensation best practices – there comes a time when you suspect fraud. Sometimes and internal investigation can yield enough data to either confirm your suspicions or validate the claim – other times, you need to bring in the big guns. You need to do your research before making the commitment to a company. Ten things to consider when hiring an investigation company: 1. Does this company have a good reputation? 2. Can they use surveillance when necessary? 3. What is the firm's policy on surveillance if the suspect is clearly not at home. For example, you may get a bill for five days of surveillance when it was clear your suspect was out-of-town. 4. What equipment do they have? Do they have, for example, a bag camera to follow someone into a store? 5. Not all work comp claims need surveillance – what methods of investigation do they use when surveillance is not necessary? (Find out what kind of data mining they use, for example.) 6. Use a company that has a lot of arrows in their quiver. Ask what your options are. 7. Is the company aware of the laws regarding surveillance in your area and in various situations? 8. Can they go undercover when needed? 9. What capabilities does the company have for on-site surveillance? (workersxzcompxzkit) 10. Can the company use hospital and pharmacy cameras? Is your suspect perhaps using multiple pharmacies or hospitals far from home and can this company document that?
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers' Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
CLICK to download Free Podcast: HOW TO CONTROL FRAUD, http://www.workerscompkit.com/gallagher/mp3 Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers' comp issues. ©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
The Royal Canadian Mounted Police (RCMP) officer who fired a Taser at Vancouver’s airport leading to the death of a Polish immigrant two years ago has moved ahead with a libel lawsuit against the Canadian Broadcasting Corporation (CBC).
According to a writ of summons filed in British Columbia Supreme Court, the officer is asking for damages from the CBC, claiming the network’s publications and broadcasts defamed him and made it hard for him to work.
The officer was one of four RCMP who confronted the immigrant at the airport in October of 2007, firing a stun gun at the man. The incident received worldwide attention after an amateur video of the event seemed to contradict the police version of what happened. The officer at the center of the controversy claims his reputation has taken a major hit, he has suffered from embarrassment and distress, and has been made to suffer public ridicule. (workersxzcompxzkit)
The CBC has refused to comment on the lawsuit at this time.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
FREE podcast “How to Prevent Fraud:” 50 minutes. Downloadble directly to Media Player or MP3> Click here to DOWNLOAD NOW: http://www.workerscompkit.com/gallagher/mp3/
Speaker: Anthony Van Gorp, Private Investigator at Investigative Solutions & Consulting Services, Inc.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers’ comp issues.
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Top officials of the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice, Office of Civil Rights (DOJ), will jointly hold a town hall listening session to draw public input on new federal regulations and procedures to promote the hiring of people with disabilities.
The forum, the last of four held in major cities nationwide, will run from 9 a.m. to 4 p.m. on Friday, November 20, 2009 at the University of New Orleans Training, Resource and Assistive-technology Center (UNO-TRAC), 2000 Lakeshore Drive, New Orleans.
The EEOC-DOJ listening sessions are part of a series of national initiatives by the administration to ensure fair and equal access to employment for all Americans, particularly the 54 million people in this country living with disabilities. The sessions provide direct input from the business/employer communities as well as the disability and disability advocacy community on proposed regulations in the recently enacted Americans With Disabilities Amendments Act (ADAAA). See related topic: http://blog.reduceyourworkerscomp.com/?p=882
“The EEOC continues pressing to empower individuals with disabilities to participate to the fullest extent possible in the American workplace,” said Acting EEOC Chairman Stuart Ishimaru. “We’re pleased to hold listening sessions around the country and to play a lead role in the Administration’s initiative.”
Acting EEOC Vice Chair Christine Griffin noted, “For too long, Americans with disabilities have been pushed to the rear of the hiring line. The EEOC-DOJ town hall listening sessions, in concert with other Administration measures, should position workers with disabilities for a fair chance at a federal job.”
Commissioner Constance Barker added, “I strongly support the Town Hall concept and hope this will be the beginning of similar initiatives by the EEOC to increase transparency and opportunities for public input.”
Griffin and Barker will preside at the New Orleans forum, along with DOJ’s Deputy Assistant Attorney General for Civil Rights, Samuel Bagenstos, Counsel to the Assistant Attorney General for Civil Rights, Mazen Basrawi, and Chief of the Disability Rights Section of the Civil Rights Division, John Wodatch.
Five-minute time slots to address the panel will be available from 9 a.m. to 4 p.m., some on an advance registration basis and some on first-come, first-served sign-up basis at the event. Members of the public are also invited to attend and view the proceedings, with space available on a first-come, first-served basis. Those wishing to register as a speaker should contact Maple Thomas at 504-595-2827 (TTY 504-595-2958) or maple.thomas@eeoc.gov. Speakers are also invited to submit written statements, either at the event or online at www.regulations.gov. Sign Language Interpreters, CART, and assistive listening devices will be available. Persons requiring printed materials in an alternative format should email Elisa.gonzalez.ctr@tma.osd.mil, noting specific needs.
The listening sessions follow EEOC action last month to expand opportunities for people with disabilities by returning the ADA to the broad and strong civil rights statute that Congress originally intended it to be, and smoothing the road for those seeking protection under the ADA. (workersxzcompxzkit)
On September 16, 2009, the EEOC approved a Notice of Proposed Rulemaking (NPRM) revising its regulations to provide that an individual seeking protection under the ADA establish that he or she has a disability consistent with the original, expansive intent of Congress when it enacted the statute in 1990. The NPRM carries a 60-day period for public comment.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
FREE AUDIO PODCAST “How To Prevent Fraud:” 53 minutes. Download to Media Player or MP3> Click here: http://www.workerscompkit.com/gallagher/mp3/
Speaker: Anthony Van Gorp, Private Investigator at Investigative Solutions & Consulting Services, Inc.
Racing Club’s Failure to Act Is a Lesson for Other Employers
More than $135,000 in fines, reparations and court costs were assessed a racing club in Palmerston North District Court for failure to prevent the escape of two horses from a training facility onto a busy road near Awapuni race track.
The Department of Labour prosecuted Racing at Awapuni and Trentham Combined Enterprise following an incident two years ago when two horses escaped from a race track on to the nearby Pioneer Highway. One horse collided with a car killing the driver instantly. The second horse also collided with a car whose driver was uninjured but the car was extensively damaged.
”This incident was totally preventable,” said Department of Labour Palmerston North Workplace Services Manager Dave Hinchcliffe-Chen. “A previous escape six months earlier should have alerted the racing club to the potential for serious harm. However, it failed to act and a death was the result.” Hinchcliffe-Chen said it should not take a serious injury incident or a death for employers or others in control of a workplace to take their health and safety responsibilities seriously.
Although the racing club is a non-profit entity, Hinchcliffe-Chen said it had the same legal obligation as other businesses to identify hazards in its workplaces and then to take all practicable steps to eliminate, isolate or minimize them. ”While the Department acknowledges the club now has taken steps to keep horses secure, it is unfortunate that it took a death for it to act. This case shows that employers need to anticipate hazards and act proactively to minimize or eliminate the possibility of harm resulting from them. (workersxzcompxzkit)
A judge ordered the club to pay $60,000 reparation and $3,045 for financial losses to the decease’s family; $5,000 to a passenger in his car; and $3,000 in reparation and $3,100 for financial losses to the second driver.
In addition, the club was fined $60,000 and ordered to pay $1,250 prosecution costs and $130 court costs.
While satisfied with the outcome, Hinchcliffe-Chen said the incident had resulted in the loss of a loved husband and father.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
FREE podcast “How to Prevent Fraud”: 50 minutes. Downloadble directly to Media Player or MP3> Click here: DOWNLOAD NOW: http://www.workerscompkit.com/gallagher/mp3/
Speaker: Anthony Van Gorp, Private Investigator at Investigative Solutions & Consulting Services, Inc.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers’ comp issues.
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
As you implement a workers’ compensation program, you will need a planning team. At least 60 % of this initial work will be done by your injury coordinator. Therefore, it is crucial the injury coordinator’s job functions are well understood by everyone on the team.
Since this one member of your company is responsible for managing daily claims and corresponding with the claims adjuster to develop strategies for each claim in the program, the person is given the title of Injury Coordinator (IC) or Return-to-Work Coordinator (RTWC).
An injury coordinator assumes several universal job characteristics.
1. To develop and implement workers’ compensation management programs, policies and procedures.
2. To develop and implement training
3. To track benchmarks to determine overall progress of the workers’ compensation management program.
4. To establish, coordinate and maintain communication pathways between employees, supervisors, senior management, third-party administrators, medical and legal personnel and others.
The injury coordinator’s (IC) chief task is to make the length of time out of work match the length of time an employee is medically unable to work. This saves you money. The IC also needs to be able to make sense of the medical service industry – or at least know when to ask to ask questions.
Furthermore, you must expect the IC to be the go-to person for correspondence going between the employee, the medical staff and the insurance handlers. It is helpful if the IC uses standard documents, developed specifically for your company for things such as reporting an injury, making a claim and so on. These documents work best if organized as standard forms and available to other team members, either electronically (ideal) or paper files. (workersxzcompxzkit)
The functions of the IC can be adapted to dovetail with the characteristics of each company, but generally some variation of these pivotal roles is implemented across the board for workers’ compensation management to be effective.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
FREE AUDIO PODCAST ”Preventing Fraud”: 53 minutes. Download directly to Media Player or MP3> DOWNLOAD NOW: http://www.workerscompkit.com/gallagher/mp3/
Speaker: Anthony Van Gorp, Private Investigator at Investigative Solutions & Consulting Services, Inc.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers’ comp issues.
©2009 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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