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Workplace Safety Top Priority in New South Wales


Australia Minister for Finance, Michael Daley, urged New South Wales businesses to make workplace safety a top priority, in recognition of the 2010 International Day of Mourning. 
 
Daley said the day was an opportunity to commemorate workers who lost their lives as a result of workplace incidents or illness.
 
“The International Day of Mourning serves as a powerful reminder of the importance of providing safe workplaces,” Daley said. “We all want our loved ones to arrive home safely at the end of each day and we should not underestimate the importance of workplace safety.
 
“Workplace injuries and deaths bear a heavy social and financial cost. More importantly, they have a devastating impact on friends and family members.”
 
According to Daley, although major inroads were to improve workplace safety, the incidence of work-related injuries and fatalities remains unacceptably high. (workersxzcompxzkit)
 
“I’d encourage workers to take time to remember those lost in workplace incidents and occupational disease, and reflect on why workplace safety is important.”

Podcast/Webcast: Occupational Health Strategies
Click Here:

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.

© 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.
Posted in Safety and Loss Control, WC in Other Countries (International) |


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ADA May Obligate Employer to Accommodate Transportation Needs


The 3d U.S. Circuit Court of Appeals has held that under certain circumstances, the Americans with Disabilities Act (ADA) may obligate an employer to accommodate an employee’s disability-related difficulties in getting to work. 
The Court reversed summary judgment in favor of an employer and held that changing a part-time employee’s schedule to the day shift because her monocular vision made it dangerous for her to drive at night could be a reasonable accommodation under ADA.  Colwell v. Rite Aid Corporation, 3d Circ., No. 08-4675, April 8, 2010. 
 
In April 2005, the woman started working as a part-time retail clerk at a Rite Aid store in Old Forge, Pa, and was generally working weekdays from 5 to 9 p.m. A few months after she began working there, she was diagnosed with “retinal vein occlusion and glaucoma,” eventually leaving her blind in one eye.
 
In September 2005, Colwell reported to her supervisor her partial blindness made the drive to work at night dangerous and difficult for her, and requested a switch to a day shift (9 a.m. to 2 p.m.) so she could drive safely to work. Public transportation was not an option, because the buses stopped running at 6 p.m. in that area.
 
The workers was told her shift would not be changed because it “wouldn’t be fair” to the other employees. At that point, the employee began to rely on relatives to drive her to work, even though she said it was a “hardship” for her family.
 
On Oct. 12, 2005, after a number of unsuccessful attempts to switch her shift to days permanently, the woman turned in a letter of resignation to Rite Aid saying she felt she had “not been given fair treatment.” Rite Aid never responded to her note. A few months after leaving her position with Rite Aid, she filed a lawsuit that included a claim that the company did not accommodate her disability by refusing to switch her to the day shift.
 
The district court granted summary judgment to Rite Aid on Colwell’s failure-to-accommodate claim, on the basis that their employee “did not need an accommodation to perform her job once she arrived at work.” The lower court found the accommodation request “had nothing to do with the work environment or the manner and circumstances under which she performed her work,” and that the ADA only covers barriers “that exist inside the workplace.”
 
The Third Circuit reversed the decision, disagreeing with Rite Aid’s position that their employee’s difficulties amounted to a “commuting problem unrelated to the workplace.” Instead, the Court found the reach of the ADA is not limited in that way, and changing her work schedule to day shift was, in fact, the type of accommodation contemplated by the ADA.
 
The Court pointed to language within the ADA in which the term “reasonable accommodation” is defined to specifically include “modified work schedules,” and that what the woman was requesting was, in essence, a schedule change. The Court held “under certain circumstances the ADA can obligate an employer to accommodate an employee’s disability-related difficulties in getting to work, if reasonable.”
 
Because the worker’s requested accommodation was a change in workplace condition entirely within the company’s control, and would have allowed her to get to work to perform her job, the Court found the shift change could be viewed as a reasonable accommodation. (workersxzcompxzkit)

Although in this case, the Court held ADA contemplates an employer may need to modify an employee’s work schedule to accommodate the individual’s disability-related difficulties in getting to work, the employer is not precluded from asserting a defense that the re-scheduling may create an “undue hardship” or financial burden if, in fact, it does.


Podcast/Webcast: Occupational Health Strategies
Click Here:

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.

© 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.
Posted in ADA (Americans with Disabilities Act), Employment Law Issues, Litigation Management |


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Workers Comp Fraud Does Have Solutions


A Quakertown, Pa. waitress who informed her employer she hurt her back on the job and could no longer work was apparently not in too much pain that she couldn't get in a little daily exercise For more information: http:www.ReduceYour WorkersComp.com


The woman was arrested on workers’ compensation fraud charges after authorities discovered she was working as a stripper at a club while collecting benefits. The woman now faces theft and insurance fraud charges in connection with the alleged false claims, according to the state Attorney General's Office, being charged with two counts of workers’ comp insurance fraud and one count of theft by deception. Each charge carries a maximum penalty of seven years in prison and a $15,000 fine.

According to authorities, the woman informed her employer on Nov. 9, 2007, that she slipped and fell during her shift, hurting her back, and quit prior to her shift ending. Her former employer, Red Robin, submitted an accident report to its insurance carrier three days later.

It was reported the woman allegedly told her doctor she was unable to work and standing and changing positions was difficult. Eight days later, she was observed working as an exotic dancer, the Attorney General's Office said. (workersxzcompxzkit)

The employer paid $22,727 in disability benefits and $4,118 in medical expenses relating to the woman’s claim.  

 

A Quakertown, Pa. waitress who informed her employer she hurt her back on the job and could no longer work was apparently not in too much pain that she couldn't get in a little daily exercise.

The woman was arrested on workers’ compensation fraud charges after authorities discovered she was working as a stripper at a club while collecting benefits. The woman now faces theft and insurance fraud charges in connection with the alleged false claims, according to the state Attorney General's Office, being charged with two counts of workers’ comp insurance fraud and one count of theft by deception. Each charge carries a maximum penalty of seven years in prison and a $15,000 fine.

According to authorities, the woman informed her employer on Nov. 9, 2007, that she slipped and fell during her shift, hurting her back, and quit prior to her shift ending. Her former employer, Red Robin, submitted an accident report to its insurance carrier three days later.

It was reported the woman allegedly told her doctor she was unable to work and standing and changing positions was difficult. Eight days later, she was observed working as an exotic dancer, the Attorney General's Office said. (workersxzcompxzkit)

The employer paid $22,727 in disability benefits and $4,118 in medical expenses relating to the woman’s claim.

 
The point is not  that a woman was caught cheating the system, but what can an employer do about fraud and abuse for workers compensation. Lots of things. From the IT perspective, consider predictive analytics. From the TPA side, consider fraud posters. From the investigation side, consider surveillance and anonymous tips lines. From the employers perspective, consider asking your insurance company for any tools they have available because we all pay for this type of abuse. Yes, a large insurance company administers the benefits but the company (or state or federal government) ultimately has to cover the overhead for a program which is meant to cover workers with legitimate injuries.

 
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, healthcare, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at:  Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.

 
Podcast/Webcast: Occupational Health Strategies
Click Here:

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.

© 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.
Posted in Fraud and Abuse |


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Using Medical Case Management to Control Work Comp Costs


When there are severe injuries one of the best ways to control workers' compensation claim cost is through medical case management. While the role varies from insurer to insurer (or third party administrator), the primary focus of medical case management is the coordinating and planning of the medical care to expedite the return of the employee to work or to reach the employee's maximum medical improvement. 

Role of the Nurse Case Manager
The person providing the medical case management is the nurse case manager (NCM). The nurse case manager's role in the workers' compensation claim often includes
 
1.     Facilitating the medical rehabilitation of the injured employee
2.     In consultation with the treating physician, evaluate the options for the best treatment plan for the injured employee
3.     Coordinating the medical care to achieve the best possible medical results in a cost-effective manner
4.     Insuring the proper utilization of medical treatment
5.     Providing guidance to the adjuster about the medical care needed
6.     Monitoring the employee's medical progress
7.     Acting as a liaison between the physicians, the employee and the insurer
8.     Facilitating the communications between the employee, employer and physicians
9.     Keeping the adjuster informed of the employee's medical status and progress
10.Meeting with the employee and the employer to complete a detailed job evaluation
11.Assisting the employer in identifying the return to work options
12.Coordinating the employee's return to work (either modified duty or full duty) with the employer, employee and physician
 
NCM Works for the Insurer
Regardless of whether you are in a state where the employee selects the treating physician or in a state where the employer selects the treating physician, the insurer selects the nurse case manager. Selecting the NCM allows the insurer the ability to monitor the medical care and to be knowledgeable of the on-going medical status of the employee. Since the insurer hires and pays the NCM,  the NCM is considered an agent of the insurer.

Mandatory States
Medical case management is required by some state work comp laws and is optional or voluntary in other states. In the states mandating medical case management, the insurer (or employer if self-insured) provides medical case management as a medical benefit. It is considered a required benefit necessary to return the injured worker to productive employment. In the states where medical case management is mandatory, the employee does not have the right to refuse the involvement of the NCM.

Voluntary States
In the states where medical case management is optional, it is usually in the insurer's best interest to provide medical case management. The proper utilization of the nurse case manger can eliminate delays in the employee's return to work and positively impact the cost of the claim. If the employee declines the involvement of the NCM, the work comp adjuster should consider this a red flag development and seek out the reason the employee is reluctant to have medical case management.

It should be noted
in the states where medical case management is not required by statute, the employee can accept the NCM's involvement in the medical care but still limit the scope and extent of the NCM involvement. This is often true when the employee has retained an attorney to represent his/her interest. The attorney's role is to maximize the recovery for the employee and can result in keeping the employee off work as long as possible. The professional NCM faced with this situation always  strives to insure the employee receives the necessary medical care and is released to return to work as soon as medically capable.

NCM Training
Usually the medical case manager is a registered nurse; but in some states insurers and third party administrators use licensed practical nurses and/or nurse practitioners. In order to be effective as a medical case manager, the NCM must have an in-depth medical knowledge plus have relevant experience working in the medical rehabilitation field (knowledge of workers’ compensation is a plus)..

What the NCM Cannot Do
The NCM cannot deny the employee any medical care requested. If the NCM feels a line of medical care is unnecessary, the NCM can discuss with the physician why the physician is requesting the treatment in question. The NCM can provide recommendations to the adjuster about the necessity of requested medical care. If the adjuster agrees the medical treatment is not needed, it is the adjuster's responsibility to deny the care. (workersxzcompxzkit)

Summary
Medical case management benefits the employee by insuring the best medical care and it benefits the employer by returning the employee to work more quickly. NCMs are trained medical professionals who provide a valuable service to the employee, employer, and insurer while reducing the overall cost of the severe work comp claim.

Author Rebecca Shafer, 
J.D. Consultant, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. She can be contacted at:  RShafer@ReduceYourWorkersComp.com or 860-553-6604.
 
Podcast/Webcast: Occupational Health Strategies
Click Here:

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.

© 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.
Posted in Coordinating Medical Care, Medical Issues, Risk Management |


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Make Sure Machine Guarding Is Not Removed or Overridden


A court sentencing over a man crushed to death in machinery highlights the human cost of businesses ignoring basic safety procedures, the Department of Labour says.  The Department’s Workplace Christchurch Service Manager Margaret Radford says the accident was easily preventable.
 
RX Plastics Ltd of Ashburton was fined a total of $85,000 after admitting two offenses under the Health and Safety in Employment Act 1992 – failing to take all practicable steps to ensure the safety of an employee, and failing to take all practicable steps to ensure the safety of employees in general.
 
No order was made for reparation, because RX Plastics had already made payments totaling nearly $218,000 to the victim’s family. Radford added RX Plastics also improved their workplace safety procedures to meet department requirements.
 
The charges related to an accident in March 2009 when an employee was leaning into a machine to remove a faulty pipe fitting. Safety mechanisms for the machine had been overridden and, when hydraulic equipment engaged, the man was trapped in the machine and was killed.
 
Department of Labour investigations revealed other items of machinery at the plant where safety mechanisms had been overridden, or safety guards had either been removed or could easily be removed. Radford said the RX Plastics case showed a disregard for safety mechanisms. (workersxzcompxzkit)
 
 “Safety guards aren’t there for decoration. Yet in this case it seems there was a widespread lack of respect for the need to have them – and a man paid with his life for that," Radford said. "It’s a tragedy that it takes something like this for people to realize the importance of treating machinery with the respect it deserves.”

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.
 
©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.
Posted in Safety and Loss Control, WC in Other Countries (International) |


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Insurer to Pay $30,000 to Settle Retaliation Discrimination Suit


A Los Angeles-based insurance company servicing policyholders in 12 states will pay $30,000 and furnish other relief to settle an unlawful retaliation lawsuit filed by the  U.S. Equal Employment Opportunity Commission (EEOC). 

According to the EEOC lawsuit,
the Charlotte, N.C., facility of Golden State Mutual Life Insurance Company demoted an employee from associate sales manager to the position of sales associate in retaliation for reporting a complaint of sexual harassment he received from an employee he supervised.

The complaint report
was made to a vice president and agency director of the company. The EEOC also charged the employee was demoted in retaliation after he informed the alleged harasser, who was his supervisor, that he had reported the complaint.

Such retaliation violates
Title VII of the Civil Rights Act of 1964. The EEOC filed suit on March 16, 2009 (Equal Employment Opportunity Commission v. Golden State Mutual Life Insurance Company, Civil Action No. 3:09-cv-105, filed in U.S. District Court for the Western District of North Carolina) after first  attempting to reach a voluntary settlement.

In addition to requiring
Golden State to pay $30,000 to the worker, a one-year consent decree resolving the case enjoins Golden State from engaging in any further retaliation against employees based on their opposition to unlawful  employment practices or employment practices which the employee reasonably  believes to be un­lawful under the federal EEO statutes enforced by the EEOC.

The company will also provide
a positive letter of reference to the employee, redistribute a copy of its written anti-discrimination policy to each of its employees, and make periodic reports to the EEOC. (workersxzcompxzkit)

Employees should be confident they can make their employers aware of violations of federal anti-discrimination laws without fear of reprisal,” said Lynette Barnes, regional attorney of EEOC’s Charlotte  District Office. “The anti-retaliation provisions of Title VII are indispensable to the attainment of a workplace free of discrimination.”

Author Rebecca Shafer
, J.D. Consultant, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. She can be contacted at:  RShafer@ReduceYourWorkersComp.com or 860-553-6604.
 
Podcast/Webcast: Occupational Health Strategies
Click Here:

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.

© 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.
Posted in EEOC Discrimination Laws, Employment Law Issues |


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UK Company Fined for Worker Asbestos Exposure


A Great Britain building firm was fined after refurbishment work triggered the temporary closure of a country club near Darlington over fears of exposure to asbestos. 

Nationwide Building Contractors Limited
–  was fined a total of £4,500 ($6,897) at Darlington Magistrates' Court over the incident. The company was found guilty, in its absence, of breaching Regulations 5, 11 and 16 of the Control of Asbestos Regulations 2006, between Jan. 7 and March 6, 2008.

The company was contracted
to refurbish Hall Garth Hotel Golf and Country Club, at Coatham Mundeville, near Darlington.

When HSE inspectors
visited the site, they found work was carried out without adequate checks for asbestos or asbestos-containing materials, and served a Prohibition Notice – immediately stopping construction work. Further investigations found large amounts of asbestos pipe lagging in walls and floor voids where work had been undertaken.

HSE worked with
local Environmental Health Officers and the hotel management to ensure asbestos fibers had not spread to the occupied areas of the hotel. The hotel was voluntarily closed while tests were undertaken. Fortunately the test results in the public areas were negative.

After the case,
HSE Inspector Victoria Wise noted, "Construction and maintenance workers are the most at-risk groups from asbestos-related diseases due to the nature of their work. The widespread occurrence of asbestos as a product in buildings constructed or refurbished prior to 2000, means that inadvertent disturbance of asbestos-containing materials can be frequent and regular where asbestos products have not been adequately identified or managed.

"Nationwide Building Contractors
could have prevented this risk and should have ensured the asbestos containing materials in the work areas were identified and, where necessary, removed – then the information passed on to those who were liable to disturb the fabric of the building.

"This prosecution should act
as a reminder to those in the construction industry, and those in control of the repair and maintenance of buildings, of the importance of ensuring a suitable and sufficient assessment for asbestos is carried out and the correct control measures in place to ensure exposure to asbestos is prevented, so far as is reasonably practicable."

Asbestos products have been
widely used in the UK since the end of the 19th century and were used in the construction and refurbishment of buildings until 1999. (workersxzcompxzkit)


Asbestos can cause
a number of fatal or serious respiratory conditions if fibers are inhaled. Asbestos exposure is the most serious occupational health issue in the UK, and is responsible for approximately 4,000 deaths each year.

Author Rebecca Shafer
, J.D. Consultant, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. She can be contacted at:  RShafer@ReduceYourWorkersComp.com or 860-553-6604.
 
Podcast/Webcast: Occupational Health Strategies
Click Here:

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.

© 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.
Posted in Medical Issues, Safety and Loss Control |


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Settlement Strategies for Workers Comp Claims


Learn to recognize settlement opportunities and strike while the iron is hot. If you’ve seen those big, expensive “old-dog” files you’d probably agree there’s nearly always a point in the life of the file when if only the claim representative recognized the settlement opportunity and negotiated, the file would have closed long ago.    
 
How are those opportunities recognized? Less complex injuries are generally easier to settle. Don’t hesitate to be aggressive about making an offer once the claim is positioned for settlement and all necessary criteria in your jurisdiction, such as MMI have been reached. 
 
Experienced claim representatives know what cases are worth and defense counsel is also instrumental in the process of establishing trial value for litigated claims.   Determine the settlement range and extend your initial offer to the injured employee before legal representation is sought when possible. 
 
Explain the entire process to the injured employee so each step is understood and inform the employee of safeguards built into the system preventing employees from being taken advantage of, such as judges responsible for making sure settlements are fair.
 
Once it’s determined the claim involves permanency or a settlement, it’s never too early to initiate a dialogue with the injured worker about the settlement process. Take the mystery out of it, educate the injured worker and you might save costs. Listen to the injured worker, if he or she discusses a need for funds, take that opportunity and make it a win-win situation. 
 
Older cases are often more challenging. Watch for a lull in activity. Maybe the injured worker recovered from a surgery, went back to work and bills for medication and office visits have dwindled. That’s a good opportunity to put an offer on the table that a few months prior perhaps may have been rejected. (workersxzcompxzkit)
 
Claims with developing disputes also create settlement opportunity. Perhaps it’s come to light that the current treatment is not causally related to the initial injury or an IME physician opined that the injured employee’s condition is not compensable. There are certainly times when it’s best to “dig-in your heels” and fully litigate a claim but there are also times when it makes more sense to consider the odds of ultimately prevailing, the costs involve. Use those values to consider a settlement range. 
The bottom line is to stay on top of the claim, prepare the injured worker so he or she knows what to expect in terms of settlement and go for it! 

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.
 
©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.
Posted in Litigation Management, Settling WC Claims |


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Older Employees and Workers Compensation


The American workforce is getting older. The post World War II baby boomers are now 46 to 64 years old. In 1992 the percentage of the workforce 55 years old and older was 11.8%. In 2012 it is projected that 19.1% of the workforce will be 55 years old and older and will be more than 31 million workers.

 
In some instances the older employee is working longer and delaying retirement simply because they want to. In other cases the older employee is delaying retirement because of financial concerns. For more information   http www.ReduceYour WorkersComp.com
 
Work Comp Cost
The employee’s ages are not a factor in setting the initial workers’ compensation premium for an employer. The basic premium is determined by the number of employees and the employees’ job classifications.
 
The age factor comes into play with the experience modification rate (EMR). If you have more older employees than average and have not taken steps to reduce the number of work comp injuries among your older employees, your EMR is higher than average and your work comp premium is higher than average.
 
Lower Frequency
Various studies show older employees incur fewer on the job injuries than younger employees do. The experienced older employees make better work related decisions reducing their exposure to injury. Older employees are also less likely to take chances and are more likely to follow safety procedures and to heed safety warnings.
 
Higher Severity
Older employees have overall lower physical abilities than younger employees making them more susceptible to injuries. Older employees are more brittle, have less elasticity, and will have more degenerative type injuries. Older employees take longer to heal then younger employees with the same type of injury. All these factors add up to higher cost per work comp claim for the older employee.
 
Overall Cost is the Same
Younger employees are less experienced at their jobs and have more work related injuries than older employees. While the average cost of the work comp claims of younger employees is lower than the average cost of the claims for older employees, the higher frequency of claims for the younger employees makes the overall work comp approximately the same for older employees and younger employees.
 
The WC Claims of Older Employees
Older employees have a greater propensity for knee problems, rotator cuff conditions, and carpal tunnel. Cervical and lumbar problems are common in both older and younger employees. The nature of these injuries makes them more costly both in terms of medical care and time lost from work. The recovery time is longer in the older employee and the percentage of permanent disability these injuries cause in older employees is greater.
 
Safety for the Older Employee
The smart employer will already have in place a comprehensive safety program to protect all employees. However, there are specific steps the employer can take to improve safety and reduce the likelihood of injuries to older employees.
 
1.     Older employees have decreased depth perception. To prevent falls make sure aisles, walkways and steps are well lit. Use color edge strips on steps to assist employees in distinguishing one step from the next.
2.     Older employee’s reaction time is slower resulting in more falls than younger employee’s experience. Make sure all flooring is in good condition and all steps have handrails.
3.     Older employees, especially those over 60, have a difficult time with transitioning from dark areas to light areas. Lighting should be arranged to allow for a gradual transition from light to dark areas or the reverse.
4.     Older employees are more vulnerable to noise. Controlling and reducing the noise level reduces the number of hearing loss claims, plus will allow for better concentration, resulting in fewer accidents.
 
These safety changes benefit all employees but provide greater reduction in work comp cost from the older employees.
 
Ergonomics for the Older Employee
There are also ergonomic changes that can be implemented to reduce the likelihood of injuries that aggravate naturally occurring conditions such as degenerative disc disease, arthritis, cardiopulmonary decline, and degenerative changes in the shoulders, wrists, and knees.
 
1.     Eliminate or reduce, as much as possible, work positions requiring kneeling and squatting. This reduces the number of injuries to the knees.
2.     Eliminate or reduce, as much as possible, work positions requiring lifting above the shoulders to reduce the number of injuries to the rotator cuffs, shoulder muscles and tendons.
3.     Arrange for lifting assistance or for a reduction in the amount of weight older employees must lift as they have less muscle mass and more degenerative changes.
4.     Provide training or equipment to prevent awkward positioning of body parts as the excessive stress on the body increases the risk of injury. Ergonomically correct furniture and equipment prevents strains due to excessive stress or pressure on body parts.
5.     Position work tasks at a comfortable height to prevent the employee from having to bend over to perform the task. This will reduce the number of stress injuries to the back.
 
These ergonomic suggestions benefit all employees but provide a greater cost savings among older employees. (workersxzcompxzkit)
 
Summary
Older employees have more experience, take less risk and have fewer work comp accidents then younger employees. When older employees do have accidents, the work comp cost is higher due to the physical changes we all experience as we grow older. Employers can protect themselves from higher work comp cost by providing a safe and ergonomically sound working environment.

Author Rebecca Shafer, J.D. Risk Consultant
, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. She can be contacted at:  Becki@ReduceYourWorkersComp.com or 860-553-6604.
 
Podcast/Webcast: Occupational Health Strategies
Click Here:

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.

© 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.
Posted in Communication with Employees, EEOC Discrimination Laws, Employment Law Issues, Safety and Loss Control |


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Businesses to See Higher Workers’ Comp Rates in Australia


Queensland (Australia) businesses will pay more to insure employees through WorkCover from July 1 under new laws proposed by the state government. 
 
Premier Anna Bligh and Industrial Relations Minister Cameron Dick announced the government would make major changes to the state's workers' comp scheme to bring it out of financial difficulties.
 
WorkCover premiums would increase from $1.15 per $100 of wages to $1.30 per $100 from July 1 and payouts would be capped.
 
Despite the proposed premium rise, Queensland would continue to have the least expensive workers’ comp premiums of any state or territory, followed by Victoria with $1.39 per $100.
 
Meanwhile, payouts for general damages of pain and suffering will be capped at $300,000, and damages for loss of future earnings will be capped at three time’s average earnings or approximately $176,000 in current terms.
 
Onus of proof will also be changed, meaning workers would have to demonstrate the employer breached a duty to take precautions against risk of harm that was foreseeable.
 
In the event a worker takes a claim to court and is unsuccessful, they'll have to pay costs.
 
WorkCover recorded an $800 million loss on its investments and an overall operating deficit of $1.3 billion over two years, he said. (workersxzcompxzkit)
The government is seeking to have the changes take effect by July.
 
There are approximately 96,000 claims from injured workers a year – 96% are settled through the statutory arrangements, with only 4% moving to the courts.

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, healthcare, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at:  Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
 
Podcast/Webcast: Occupational Health Strategies
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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.

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