Report: Australian Workers at Risk of Injury From Noise at Work
The National Hazard Exposure Worker Surveillance Report: Noise Exposure and the Provision of Noise Control Measures in Australian Workplaces is releases according to Safe Work Australia Chair, Tom Phillips.
The report was developed from the National Hazard Exposure Worker Surveillance survey and describes the demographic and employment characteristics of workers who reported exposure to loud noise and the types of noise control measures now provided in workplaces of varies industries.
Findings:
1. Between 28% and 32% of the Australian workforce are likely to work in an environment where they are exposed to non-trivial loud noise.
2. Male workers were more likely to report exposure to loud noise than female workers.
3. Young workers were more likely to report exposure to loud noise than older workers.
4. Workers who worked at night were more likely to report exposure to loud noise than workers who worked during the day.
5. The main industries workers reported exposure to loud noise were manufacturing and construction.
6. Only 41% of exposed workers reported receiving training in noise injury prevention.
7. The types of control measures provided in a workplace were affected by industry, occupation and the number of workers.
Phillips said the study enables governments and employers to produce better-targeted occupational health and safety policies, compliance and education campaigns to reduce the risk of workplace noise injuries. (workersxzcompxzkit)
“It is concerning that more is not being done to eliminate or reduce the exposure to noise in the workplace when occupational noise induced hearing loss is an entirely preventable but irreversible condition. In 2007-08 it led to more than 3,600 workers’ compensation claims, amounting to $41 million in workers’ compensation payouts,” Phillips said.
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.
Podcast/Webcast: Claim Handling Strategies
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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.
©2010 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 security guard employed by the San Leandro Unified School District (California), pleaded guilty to two count of workers' compensation insurance fraud.
Authorities say the individual collected $8,726.09 in workers' comp medical benefits he was not entitled to. Keenan & Associates, the workers' comp claims administrator for the district, conducted an investigation showing it appeared the suspect falsified his claim. Keenan's Special Investigation Unit submitted the case to the California Department of Insurance and the local District Attorney for further investigation.
The investigation found the man filed a fraudulent workers' comp claim and a false police report alleging multiple injuries and stating he was hit in the student parking lot by a another student driving a car. There were no witnesses to the injury.
However, the parking lot was monitored by a surveillance camera, and the surveillance tape from the school's camera did not show him being hit by a car. The man previously entered a plea of not guilty and then entered a different plea of guilty or no contest of insurance fraud. (workersxzcompxzkit)
Following the guilty pleas, the man was sentenced to five years of probation and ordered to make restitution through Keenan to the Alameda County Schools' Insurance Group for $8,726.09. He was also required to pay $1,000 to the Workers' Compensation Fraud Assessment Commission and an additional $178 in criminal and civil fines. He will serve 30 days in county jail.
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.
Podcast/Webcast: Claim Handling Strategies
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http://www.workerscompkit.com/gallagher/podcast/ Claim_Handling_Strategies/index.phpp
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.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ ReduceYourWorkersComp.com t.com
According to a recent University of Houston study, too much experience can be a bad thing for some employees as they tend to be unproductive workers.
Christiane Spitzmueller, UH assistant professor of psychology, notes that a survey of 215 pairs of employees and supervisors in a number of industries discovered that overqualified professionals often engage in counterproductive work behaviors. Spitzmueller said such discoveries could ultimately benefit human resources professionals and recruiters.
Employees responded to questions regarding how their previous work experiences and educational backgrounds complemented their day-to-day tasks. Supervisors provided details on counterproductive work behaviors observed in the workplace.
“They (overqualified employees) might be absent frequently or not focused on their work," commented Spitzmueller, who conducted the study with UH graduate student Alexandra Luksyte. "They also might take things from the office that they’re not supposed to, play video games at their desks and generally, do things other than their assigned tasks," she added. (workersxzcompxzkit)
Burnout is one of the top reasons overqualified employees tend to focus more on counterproductive behaviors rather than their work assignments, according to Spitzmueller.
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.
Podcast/Webcast: Claim Handling Strategies
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http://www.workerscompkit.com/gallagher/podcast/ Claim_Handling_Strategies/index.php
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ ReduceYourWorkersComp.com
How Would You Decide: Kentucky Court Finds Lump Sum Workers' Comp Settlement is Marital Property—Divides Equally Between Injured Worker and Spouse?
Here's What Happened
Husband and wife, Kentucky residents, were married in 2000 and had two children born of the marriage. Husband suffered a work-related injury in January 2006. Husband and wife separated in mid-April 2006. Husband filed an application for workers' compensation benefits after the separation. A settlement agreement providing for $30,000 was approved after wife petitioned for dissolution of the marriage. The breakdown of the settlement included $15,000.00 for future and past income benefits; $10,000.00 for waiver of future medical benefits; $2,500.00 for waiver of his right to reopen; and $2,500.00 for a waiver of his right to vocational rehabilitation. The trial court concluded that the husband's entire workers' compensation settlement was a marital asset and awarded the wife one-half of the settlement. The husband contended the trial court erred by determining that his entire workers' compensation settlement was a marital asset and that the trial court failed to divide the settlement in just proportions.
Here's What The Court Decided
In Day v. Day, 2009 Ky. App. LEXIS 248 (Dec. 11, 2009), the Court of Appeals of Kentucky held there had been no error. Citing Quiggins v. Quiggins, 637 S.W.2d 666 (Ky. Ct. App. 1982), the court noted that workers' compensation benefits in either the form of a lump sum settlement or ongoing benefits are marital property. The court also observed that the marriage had not been of short duration, that the husband was not totally disabled, and that the husband had the ability to obtain appropriate job skills but had chosen not to do so, the appellate court found that the trial court had appropriately found that the parties equally contributed to the marriage. The trial court found that the parties contributed equally to the marriage. The trial court had broad discretion in dividing marital property. (workersxzcompxzkit) While the court was mindful that the husband was injured just three months prior to the separation, the appellate court could not conclude that the trial court had abused its discretion.
See generally Larson's Workers' Compensation Law, § 89.08.
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). 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
Podcast/Webcast: Claim Handling Strategies
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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.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ ReduceYourWorkersComp.com t.com
Freedom Disability a national Social Security advocacy group, said it is looking for people with work backgrounds in social services and health care to train as Advocates so the company can help more people with disabilities file first-time applications or appeal denied claims.
According to Freedom Disability, they are very interested in hiring people with disabilities, and will make the necessary accommodations for a person with a disability with the skills they require. As the organization grows, there is an expectation of more jobs to fill and more opportunities for people with disabilities to join their team.
Starting in the second quarter Freedom Disability seek to hire qualified candidates to help people with disabilities file, and win, disability benefits from the Social Security Administration (SSA). According to the SSA, more than 2.6 million disability claims were filed in 2008. As the baby boomer population ages, Freedom Disability is projecting higher demands for their advocacy services.
"We need to grow simply because there are more people nationally who need help filing disability claims," said Jon Mayhew, president of Freedom Disability. "I know that during the current recession, many companies continue to lay off workers, or are holding back on hiring. We're not. The economic climate notwithstanding, we are creating more jobs so we can do more of what we are all so passionate about doing here at Freedom Disability – helping people with disabilities get the benefits they deserve."
"Advocates will be our biggest hire," added Freedom Disability's Human Resources Generalist, Mary George. "We'll also need to fill in-house customer-service and support-staff positions, and remote advocate positions in other parts of the country."
The hiring plan is projected to increase the work force at Freedom Disability up to 50% by the end of 2010.
"It's exciting to watch a company grow like this," said George. "But it's more than that. Every person already working here genuinely cares about helping people in need. We will be looking for qualified candidates who have it within them to do their very best to help people win disability benefits." (workersxzcompxzkit)
Freedom Disability will start advertising to fill Advocate positions and customer-service and support-staff positions in the spring. E-mail inquiries about these positions can be sent to hr@freedomdisability.com.
Podcast/Webcast: How To Prevent Fraudulent Workers' Compensation Claims Click Here http://www.workerscompkit.com/gallagher/podcast/Fraudulent_Workers_Compensation_Claims/index.php
FREE WC IQ Test: http://www.workerscompkit.com/intro/
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
TD Calculator: www.reduceyourworkerscomp.com/transitional-duty-cost-calculator.php
WC Calculator: http://www.reduceyourworkerscomp.com/calculator.php
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
If you’re an employer in a state where employees choose treating physicians after a work-related injury you have more control than you think. Even though most states allow the employee initial choice, there are still things employers can do to forestall future claims and make sure only truly injured employees receive workers' compensation benefits.
1. Make sure all new employees are thoroughly trained in not only how to perform their jobs, but also how to perform them in the safest possible way. Safety is the flip side of workers’ comp management, and if you can avoid a slip and fall in the first place, you will thank yourself at premium statement time.
2. Try to screen employees for pre-existing conditions or for substance abuse. Background checks, physical exams and drug testing are routine parts of the hiring process nowadays and there are firms who specialize in screening.
3. Incorporate your workers’ compensation management program into everyday business practices. New employees should wear post injury response cards on their lanyards along with their employee badges. Post injury response and return to work should be part of the business culture right along with safety. Have a post injury communications strategy in place beginning with the workability form being completed and faxed to you by treating physicians at each employee visit, weekly telephone chats, until the employee is released to perform modified duty.
4. Research state employee job classifications to ensure your employees are correctly classified. These codes are directly related to workers’ comp coverage. If you misclassify you may not be getting the coverage you need or you may be paying the wrong premium.
Resort to hiring a private investigator if you think you are being defrauded. In some states this may not be permissible, so check with your legal counsel before starting investigation. Employees out on workers’ comp have been known to be less than straightforward. Don’t be afraid to hire a private eye to shadow said employee for a few days. Hopefully you are wrong. But if you are right, you have the tools you need to bring this claim to a close. (workersxzcompxzkit)
Familiarize yourself at once with workers’ comp management strategies so you are prepared to manage claims with maximum efficiency and effectiveness. Be proactive in your hiring and screening practices, safety and post injury response training. Make workers’ comp management as integral a part of your employees’ lifestyle as safety.
Remember, you have the power before and after the claim. Use it wisely.
Podcast/Webcast: Claim Handling Strategies
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http://www.workerscompkit.com/gallagher/podcast/ Claim_Handling_Strategies/index.php
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.
©2010 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 Sheffield, Great Britain painting company must pay a £2,000 ($3,126) fine due to a worker's seven-meter fall that caused life-changing injuries. The Health and Safety Executive (HSE) successfully prosecuted Charles Painting (UK) Ltd of Thorpe Hesley, Rotherham, South Yorkshire.
The company pleaded guilty to breaching 9 (2) the Work at Height Regulations 2005 and must pay a £1,000 in costs in addition to the £2,000 ($1,563) fine.
The employee suffered multiple fractures to his legs and arm when he fell through a fragile roof surface, seriously changing his life. While the worker was preparing to clean roof lights at Beeley Fabrications, Claywheels Lane, in Sheffield, he was pulling water pipes across the roof, when he fell seven meters through a roof light onto the workshop floor.
The HSE investigation found there were no working platforms, guardrails, scaffold or sufficient means of protection provided on the roof or underneath to prevent the fall.
After the hearing HSE Inspector Alison Crank noted, "There were no precautions in place at the time to prevent a fall through the fragile roof or from the roof edge and as a result the worker sustained long-term serious injury. (workersxzcompxzkit)
"Figures show falls from height are a major cause of deaths at work in the UK, with more than 4,000 employees suffering a major injury as a result of a fall from height in 2008/09. HSE is determined to raise as much awareness as possible to the hazards and risks of working at height so that employers can take sufficient steps to minimize the serious consequences of a fall."
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.
Podcast/Webcast: Claim Handling Strategies
Click Here:
http://www.workerscompkit.com/gallagher/podcast/ Claim_Handling_Strategies/index.php
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ ReduceYourWorkersComp.com
Protecting the Bottom Line and Increasing Productivity IDM Program Implementation Phases
Prior to implementing an IDM program (Integrated Disability Managment), it is important to have a clear understanding of what drives absenteeism in your organization. Is it primarily occupational injuries or illnesses, or non-occupational disabilities? In order to determine what drives absence, you need to quantify and measure the costs resulting from all lost-time absences.
Unfortunately, many employers either do not, or cannot, capture these costs. There are a number of lost productivity calculator tools that can estimate your organization's lost-productivity costs.
Armed with information, you can the now work through the following steps:
1. Cost Benefit Analysis & Business Case Development
Since integrated disability management is a major corporate initiative, senior management will, most likely, require you to carefully estimate projected costs, projected savings and calculate a return on investment (ROI). Because this first step is so critical, many companies use consultants to help analyze the data, identify costs and estimate potential savings. In addition, a consultant can help you build an integrated disability management business case/plan for presentation to senior management. If you choose not to use a consultant, there are many resources (websites, books, white papers, case studies) available to help guide you through the process.
2. Determine And Set Clear Goals For Integrating Disability Management
It is important to set clear goals for your IDM program, such as reduced costs, increased productivity, more efficient benefit plan administration and improved employee morale.
3. Program Design
During this phase, you will decide on the structure and administration of the integrated program, including claim reporting, claim management, integrated claim system and data capture, medical case management and return-to-work programs. In addition, decisions must be made on which functions will be performed internally, by an outside vendor(s) or through some combination of efforts.
4. Vendor Evaluation and Selection
A Request for Proposal (RFP) process should be used to solicit capability and pricing information from vendors. Many brokers and consultants offer extensive web-based RFP programs that ensure proposal consistency, making it easier to make an apples-to-apples comparison. A vendor's geographic scope, claim intake system, caliber of claim professionals and training, and system capabilities should all be carefully reviewed and considered. During the evaluation phase, you should interview the vendors, conduct site visits and call both existing and former client references. Consider requiring vendor performance guarantees (for both program implementation and on-going service), where appropriate.
5. Implementation
You may choose to implement integrated disability management in total, gradually, by using a modular approach, or as a pilot program at certain plants or divisions. All changes should be clearly communicated to employees well in advance of implementation. Special training should be given to all supervisory and management employees who will be impacted by the new program. (workersxzcompxzkit)
6. Monitoring/Evaluating Program And Vendor Service Levels
Establish metrics to measure regularly the results of the program and to track vendor service levels (via surveys). Some possible quarterly Key Performance Indicators include total costs, claim counts and number of absence hours, in the aggregate, and broken out by business unit, division or location.
Integrated Disability Management Resources
http://reduceyourworkerscomp.com/resources.php for: Integrated Benefits Institute Disability Management Employer Coalition Employer Measures of Productivity, Absence and Quality
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.
"FRAUD PREVENTION" PODCAST click here: http://www.workerscompkit.com/gallagher/mp3 By: 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
The EEOC (U.S. Equal Employment Opportunity Commission) announced court approval of the distribution of a $6,200,000 compensation fund in the landmark Americans With Disabilities Act (ADA) litigation between the EEOC and Sears, Roebuck & Co. The distribution is being carried out pursuant to the terms of a consent decree approved by Federal District Judge Wayne Anderson on September 29, 2009.
In its lawsuit against Sears, the EEOC alleged Sears maintained an inflexible workers’ compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities, in violation of the ADA. The case resulted in the largest ADA settlement in a single lawsuit in EEOC history.
Under the terms of the decree, the EEOC provided claim forms to certain Sears employees who had been terminated under Sears’ workers’ comp leave policy. The claimants were asked to report to the EEOC, among other things, the extent of their impairments, their ability to return to work at Sears, and whether Sears had attempted to return them to work.
Based on these criteria, the EEOC found that 235 individuals were eligible to share in the settlement. The average award was approximately $26,300. More than 20 claimants were found to be ineligible by the EEOC. As with all EEOC litigation, none of the settlement fund are retained by the EEOC; all of it is distributed.
“It is a satisfying day indeed when victims finally receive compensation for the wrongful discrimination they have endured,” said EEOC Acting Chairman Stuart Ishimaru. “The EEOC is pleased and proud that we fought long and hard on this case to protect the rights of workers with disabilities, and that many Sears employees will now benefit from our law enforcement efforts.”
EEOC Trial Attorney Aaron DeCamp noted that, in addition to the disbursement of settlement funds, the EEOC is seeing positive effects from the consent decree. (workersxzcompxzkit)
“As a result of the decree, we believe Sears has an improved workers’ compensation leave process, and it has posted notices regarding the decree," DeCamp commented. "We know that employees have been seeing the notices because we’ve been receiving inquiries as a result. So we think it’s pretty clear that our lawsuit genuinely benefited the employees of Sears and strengthened the company’s human resources processes.”
The lawsuit, filed in November 2004, was assigned to Federal District Court Judge Wayne Anderson of the Northern District of Illinois and Magistrate Judge Susan Cox, and is captioned EEOC v. Sears Roebuck & Co., N.D. Ill. No. 04 C 7282. Judge Anderson entered the order approving the monetary distributions on February. 4, 2009.
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.
Podcast/Webcast: Claim Handling Strategies
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http://www.workerscompkit.com/gallagher/podcast/ Claim_Handling_Strategies/index.php
©2010 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 new report from the shows Massachusetts had a moderate increase in 2007 after years of rapid growth in workers’ compensation costs per claim with more than seven days of lost time for medical care of injured workers.
CompScope™ Medical Benchmarks a new study from WCRI (Workers’ Compensation Research Institute) will analyze the components underlying the growth in medical cost per claim showing indemnity costs per claim with more than seven days of lost time were stable in 2007 due to the offsetting effects of stable duration of temporary disability and moderate growth in the average weekly wage. Also, medical cost containment expenses per claim grew rapidly in 2007 after stabilization in 2006.
In Massachusetts, WCRI reported, medical costs per claim with more than seven days lost time at an average 36 months of experience in Massachusetts were the smallest of the 15 study states. A previous WCRI study showed a key component for the lowest medical costs per claim in Massachusetts was reduced prices paid for nonsurgical services, due to the lowest nonhospital provider fee schedule of 42 study states.
However, surgery prices were often negotiated higher than the fee schedule rates in place at the time of the study. Effective April 1, 2009, the workers’ comp fee schedule in Massachusetts increased for most common workers’ compensation surgical procedures to reflect the average rates currently paid.
Indemnity benefits per claim with more than seven days of lost time at an average of 36 months maturity in Massachusetts were typical of the 15 study states. According to WCRI, this was due to the offsetting effects of a slightly lower weekly temporary disability benefit rate (60% of workers’ gross pre-injury wage compared to the typical 66.66% in most other states) and higher temporary disability duration due to the wage-loss benefit structure.
Benefit delivery expenses per claim with more than seven days of lost time and expenses in Massachusetts were 24% lower than the 15-state median. Most expense components in Massachusetts were lower than typical, WCRI reported. Medical cost containment expenses per claim were 34% below the median state. Furthermore, both the average defense attorney payment per claim and medical-legal expenses per claim was 25% lower than the median state. (workersxzcompxzkit)
WCRI also reported injured workers received their first indemnity payments faster in Massachusetts than in other study states, driven by the fastest speed of payment once the payer received notice of an injury.
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.
Podcast/Webcast: Claim Handling Strategies
Click Here :
http://www.workerscompkit.com/gallagher/podcast/ Claim_Handling_Strategies/index.php
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
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