Find Out About Quality Claims Handling Services

MSP/MIR Compliance

Onsite Wellness Clinics, Nurse Triage, Pre-employment Screening

Physical Therapy and Rehabilitation



Work Comp Cost Reduction Book/Manual



Learn the 13 Hidden Costs of Workers Compensation Claims


The true cost of workers' compensation includes a lot of hidden cost and is much higher than the insurance premiums or benefits paid. This is often referred to as the "iceberg" concept.

Each and every workers’ comp accident incurs additional hidden cost to the employer having significant and sometimes devastating effect on the employer.   Unlike the payment of doctor bills, prescriptions and indemnity benefits, the hidden cost of the workers’ comp claim are much more difficult to quantify, but are very real. The hidden cost of a workers’ comp claim are not covered by the workers' compensation insurance, but are absorbed by the employer. (WCxKitz)

Each workers’ comp accident results in the reduction of profits due to the various hidden cost paid by the employer. This can include: 

1.     The time lost and the productivity lost by the employee's supervisor and co-workers responding to the  accident and providing immediate aid.
2.     The time lost by co-workers' distraction—watching the emergency response and/or standing  around discussing the accident after the employee is transported to the medical provider.
3.     The time lost by the employee for the remainder of the workday, which is normally paid by the employer.
4.     A reduction in morale as co-workers realize and think about the risk related to the job.
5.     The continuation of the employee's benefits while the employee is off work due to the accident. (WCxKitz)
6.     The supervisor's time, management's time and co-worker's (witnesses) time in the reporting and paperwork.
7.     The time spent handling the accident investigation.
8.     The time spent handling the workers’ comp claim.
9.     The loss of production from the injured employee.
10.  The  expense of rescheduling the work the employee would have performed.
11.  The cost of overtime pay to other employees to do the work the injured employee, or
12.  The cost of hiring and training either a temporary or a permanent employee to replace the injured employee.
13.  The lower productivity of the replacement employee until the replacement employee is up to speed or the  injured employee returns to work.

The employer in addition to the cost associated with the loss of production also incurs other cost including: (WCxKitz)

  1. An increase in the experience modification factor when calculating the workers’ comp premium.
  2. For publicly traded companies, lower profits which result in lower stock value.
  3. Damage to equipment, tools, machinery or vehicles being used by the employee at the time of the accident.
  4. Spoiled work that has to be replaced.
  5. Occupational Safety and Health Administration (OSHA) or state imposed penalties and/or fines.
  6. Delays in purchasing new equipment or delays in expansion plans due to the lost profits.
  7. Missed delivery dates due to the disruption in the workflow.
  8. Missed sales if the injured employee is a salesperson.
  9. Legal expenses.

According to a study by OSHA, the hidden cost of a workers’ comp claim is 4.5 times the direct cost (the medical and indemnity benefits). Other studies place the hidden cost as low as 3 times the direct cost and as high as 10 times the direct cost.

If the employee is easily replaced or returns to work shortly after the accident, without a disruption in the business, then the low end of the range [with hidden cost being 3 times the direct cost] would be accurate. If the employee is difficult to replace and the replacement employee then needs extensive training, the high end of the range [with hidden cost being 10 times the direct cost] would be accurate.

While the hidden cost of a workers’ comp claim cannot be eliminated, they can be significantly reduced through a safety program. A properly structured safety program reduces the number of work place injuries and all the hidden cost the employer would incur. This will result in higher production/productivity for the employer creating higher profits. (WCxKitz)

And, remember the mantra: “Every effective workers’ compensation program rides in tandem with a fully functional safety program.” If you want to reduce the number of workers’ comp claims and all the associated hidden costs absorbed by the employer, look closely at your safety program.

Author Rebecca Shafer,  Attorney/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.  Contact:  RShafer@ReduceYourWorkersComp.com  or 860-553-6604.

FREE WC IQ Test:  http://www.workerscompkit.com/intro/
WC Books:  
http://www.LowerWC.com/workers-comp-books-manuals.php
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-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@WorkersCompKit.com

 

Posted in Benchmarking & FTE & Operational Comparison, Risk Management, Safety and Loss Control |


Comments Off

OSHA Has New Training Component to Inform Workers of Their Rights


"Introduction to OSHA," a new training component emphasizing workers' rights, is required content in every OSHA 10- and 30-hour Outreach Training Program class. OSHA developed the information in support of the Secretary of Labor's goal of strengthening the voice of workers. 
The OSHA Outreach Training Program is a voluntary program seeking to teach workers about their rights and how to identify, reduce, avoid and prevent job-related hazards. The program includes 10- and 30-hour courses in construction, general or maritime industry safety and health hazard recognition and prevention that is taught through a network of OSHA-authorized trainers. Over the past three years, nearly two million students have received training through this program. (WCxKitz)
 
This information affects hundreds of thousands of workers who complete Outreach Training Program classes each year, and more than 50,000 authorized OSHA Outreach Trainers. It focuses on the importance of workers' rights and advises them of their right to:
1.     Safe and healthful workplaces.
2.     Know about the presence and effects of hazardous chemicals.
3.     Review information about injuries and illnesses in their workplaces.
4.     Receive training.
5.     Request/file for an OSHA inspection and participate in the inspection.
6.     Be free from retaliation for exercising their safety and health rights.
 
"For too long workers have avoided making claims of unsafe work conditions out of fear of losing their jobs," said Assistant Secretary of Labor for OSHA David Michaels. "We are confident that this new training will embolden workers to speak up when they find work practices that endanger their lives and the lives of their co-workers." (WCxKitz)

During the 10- and 30-hour outreach training program classes, OSHA trainers cover topics on whistleblower rights and filing a complaint, and provide samples of a weekly fatality and catastrophe report, material data safety sheet and the OSHA Log of Work-Related Injuries and Illnesses. Trainers can obtain test and answer sheets from their authorizing training (WCxKitz) organization. 

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees.

 
  \Author Rebecca Shafer, Attorney / Consultant, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact:  RShafer@ReduceYourWorkersComp.com   or 860-553-6604.

FREE WC IQ Test:
 http://www.workerscompkit.com/intro/
WC Books:  
http://www.LowerWC.com/workers-comp-books-manuals.php
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-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@WorkersCompKit.com 
Posted in Seminars and Courses |


Comments Off

New York Contractor an Alleged Workers Comp Cheat, Again


A  sub-contractor who received a one-year conditional discharge for passing a phony workers’ compensation coverage certificate allegedly has done it again, this time leaving the unsuspecting certificate holder liable for thousands of dollars in extra insurance premium.
 
Detectives from the Nassau County DA’s Office arrested the man, charging him with fraudulent practices, possession of a forged instrument, and falsifying business records, all felonies.
 
The arrest follows a prior arrest of the individual in which his company reportedly presented two fraudulent insurance certificates to a Suffolk County contractor. (WCxKitz)
 
Allegedly, the individual presented two fraudulent insurance certificates to a NYSIF-insured contractor in Nassau County, leading to his arrest. The contractor had retained the individual to perform work as a sub-contractor in 2008 and 2009, leaving the contractor responsible for an additional $4,000 in workers’ comp insurance premium. (WCxKitz)The alleged fraudulent documents indicated that the company had valid workers’ comp coverage with NYSIF when, in fact, the company did not.
 
In the previous arrest, the individual pleaded guilty in Suffolk County Court to attempted fraudulent practices as a misdemeanor on Dec. 15, 2009, and received a one-year conditional discharge. (WCxKitz)
 
Investigators said the contractor who hired the individual that time was liable for an additional workers’ comp premium of $1,000.
 
  \FREE WC IQ Test:  http://www.workerscompkit.com/intro/
WC Books:  
http://www.LowerWC.com/workers-comp-books-manuals.php
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-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@WorkersCompKit.com 
Posted in Fraud and Abuse, NY Workers Comp Issues |


Comments Off

Know the Seven Key Components of a Successful Integrated Disability Management Program


Protecting the Bottom Line and Increasing Productivity with a Successful IDM Program

As the use of integrated disability management increases, best practices, or keys to program success, are emerging.  A careful review of the following issues can help you decide whether an IDM program is an option worth pursuing for your organization. 

1.  Senior Management Support 
Implementing  an IDM program can be a resource-intensive initiative, and senior management should be firmly behind it before any making any commitments.  An IDM program needs to be part of the overall corporate culture.

2.  Cross-Functional Team Approach
 
Integrated disability  management requires interdepartmental cooperation and communication to be successful.  Everyone must share the same goals and objectives in order for IDM to succeed!  It is also important to designate an IDM program manager or advocate who will oversee the entire process.

3.  Centralized Claim Reporting
A unified claim  intake system for all disability claims (WC, short-term disability (STD), long-term disability (LTD) and Family and Medical Leave Act (FMLA), protects your company against potential duplicate claims, and it simplifies the reporting process for your employees.

4.  Common Claim Management Protocols
 
Despite the  differences in processing occupational and non-occupational disability claims, there should be common claim management guidelines such as:  
a.  24 hour  contact with employer
b.  On-going  contact with employee
c.  Early  intervention by nurse case manager or claim rep
d.  Subrogation  identification
e.  Transitional  work program

5.  Consistent Non-Occupational and Occupational Return-To-Work Programs
Bureau of Labor Statistics  indicate if an employee is off work for six months due to occupational injury or illness, there is only a 50 percent chance the worker will ever return to work.  If the employee is off for one year, there is less than a 25 percent chance of returning to work, and after two years, there is virtually no chance of ever returning to work, due to a phenomenon called "psychological dis-employment" – the worker becomes "used to" not working and "enjoys" being at home – possibly collecting work comp or disability payments for an extended period of time.

A primary objective  of IDM is to return an injured or ill employee to work and productivity as quickly as possible. This requires a strong commitment from management to a "return-to-work" culture, with formalized RTW program and resources, for both non-occupational and occupational injuries and illnesses.

6.  Integrated Data Capture And Retrieval System
Integrated data  allows you to benchmark and track the results of the IDM program.  It also allows you to objectively report program results to senior  management and your operating units, essential for their continued support and buy in.  (workersxzcompxzkit)

7.  Frequent, Clear Communications To Employees
Poor communication  can be the undoing of an IDM program!  Clearly communicating benefit policies and procedures will help avoid confusion among employees. 

  \Author Rebecca Shafer, Consultant/Attorney, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact:  RShafer@ReduceYourWorkersComp.com.

FREE WC IQ Test:
http://www.workerscompkit.com/intro/
WC Books:
http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
WC Calculator: http://www.reduceyourworkerscomp.com/calculator.php
TD Calculator: http://www.reduceyourworkerscomp.com/transitional-duty-cost-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@WorkersCompKit.com 

Posted in Absence Management, Integrated Disability Management |


Comments Off

Campaigners for British Disability Rights Protest Planned Changes to Work Capacity Assessment


Campaigners for disability rights in Great Britain are protesting planned changes to the Work Capability Assessment (WCA) they believe will force thousands of disabled people into poverty. Welfare rights activists have targeted the Department for Work and Pensions’ (DWP) planned revisions to the WCA, claiming that the new rules will cut off benefits for thousands of disabled people. 

In “Building Bridges to Work,” the DWP proposed benefits claimants be reassessed so many can be taken off “inactive benefits” and then they be put on “more appropriate benefits that provide greater employment support.” The Department reports the WCA will ensure that appropriate account is taken of an individual's adaptation to his/her condition or disability.

According to Neil Coyle, policy director at Disability Alliance the system still needs to be more personalized. “The WCA is not flexible enough to reflect the needs of disabled people,” Coyle commented. “An independent analysis is required to prevent the wrong assessments from being issued, which will put people on the wrong benefits at a lower rate than they should receive and cause a cost to restricted public resources through expensive appeals.”

The Government is advised to team with employers to ensure “no-one is written off., though it does not state how they plan to tackle discrimination at work. (workersxzcompxzkit)

An independent review is presently being commissioned and will report its first findings later this year.

  \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. Contact:  Robert_Elliott@ReduceYourWorkersComp.com   or 860-553-6604.

FREE WC IQ Test:
http://www.workerscompkit.com/intro/
WC Books:
http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
WC Calculator: http://www.reduceyourworkerscomp.com/calculator.php
TD Calculator: http://www.reduceyourworkerscomp.com/transitional-duty-cost-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@WorkersCompKit.com 

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


Comments Off

Employers Turning to Medical Provider Networks To Control Selection of Doctors Treating Their Workers


In Texas and California, the workers' compensation insurers, governmental pools and self-insured employers are turning to medical provider networks (MPN) to control the selection of doctors when an employee is injured on the job.   A MPN is a group of health care providers approved by the state's Division of Workers’ Compensation to provide medical care to employees who suffer an on-the-job injury. 
 
The employee is still allowed to select the primary medical provider for the occupational injury, but the employee is required to select from the medical providers within the MPN. This affords the employer/insurer some control of the medical cost of the workers’ comp claim and allows the employer/insurer to influence the medical direction of the workers’ comp claim. (WCxKitz)
  •       Burn care
  •       Cardiology
  •       Chiropractic
  •       Dental
  •       Dermatology
  •       General Surgery
  •       Hand Surgery
  •       Hematology
  •       Internal Medicine
  •       Neurology
  •       Neurosurgery
  •       Oncology
  •       Ophthalmology
  •       Orthopedic Surgery
  •       Orthopedics
  •       Pain Management
  •       Physical/Medical Rehabilitation
  •       Podiatry (WCxKitz)
  •       Primary Treating Physicians
  •       Psychiatry
  •       Psychology
  •       Rheumatology
  •      Sports Medicine
  •      Toxicology
  •      Urology
In addition to the medical specialties, the MPN will normally also contain the ancillary services of:
  •     Acupuncture
  •     Occupational Therapy
  •     Physical Therapy
There are various established MPN in both Texas and California an employer or insurer can join. Also, employers and insurers has the option of creating their own MPN. If the employer or insurer does elect to create their own MPN, it must be submitted to the state Division of Workers' Compensation for review and approval before it can be utilized. Due to the cost in creating your own MPN, most employers elect to join an existing MPN.
 
The MPN should be large enough that the injured employee has the opportunity for a second opinion or even a third opinion if the injured employee is unsatisfied with the medical care being provided or disagrees with the medical diagnosis. (WCxKitz)
 
One of the issues the employer face with a MPN is verifying the MPN has the necessary medical providers [enough to cover second and third opinions] available in their geographical area. This may not be a problem in the large metropolitan areas, but definitely becomes an issue in the rural areas. There simply may not be all the medical specialties needed in the rural areas. Before an employer joins a MPN, the geographic coverage by county and specialty should be reviewed.
 
When an employer  joins a MPN, the employer should provide to all current employees and all future new hires a MPN employee handbook [in English or Spanish, per the employee's preference] outlining the requirements of the program. The employer should also post at each work site a listing of the local medical providers within the MPN. 
 
When an injury does occur, the employer should direct the injured employee to the occupational clinic (or hospital for more serious injuries) list on the MPN poster. It is also a good idea to provide the injured employee another copy of the MPN employee handbook immediately following the emergency clinic treatment or when the employee requests medical care in a non-emergency situation. (WCxKitz)
 
The MPN should be integrated with the utilization management and disability management programs of the insurer or self-insured. This will insure the injured employee receives all necessary medical care while controlling the cost of the medical care.
 
Additionally, you want the medical providers in the MPN to be proactive in returning injured employees to work, either limited duty or full duty, as soon as the employee reaches the point in the medical recovery where the employee can return to work. (WCxKitz)
 
The MPN allows the employer to influence the cost and the direction of the medical care throughout the life of the claim. A properly utilized MPN can have a major impact on the cost of medical care and indemnity benefits of your workers' compensation claims. 
 
  \Author Rebecca Shafer, Attorney/Consultant, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact:  RShafer@ReduceYourWorkersComp.com   or 860-553-6604.

FREE WC IQ Test:
 http://www.workerscompkit.com/intro/
WC Books:  
http://www.LowerWC.com/workers-comp-books-manuals.php
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-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@WorkersCompKit.com 
Posted in Coordinating Medical Care, Medical Cost Containment & Managed Care |


Comments Off

Ireland Health and Safety Authority Inspections Increased by 15%


Ireland’s Health and Safety Authority Annual Report for 2009 was unveiled by Dara Calleary, Minister for Labour Affairs and Public Service Transformation.
Last year the lowest number (43) of fatal accidents was reported since the Authority was established in 1989. There was also a decrease in the number of non-fatal accidents reported (6,707 compared to 8,390) in 2008.
Calleary cautiously welcomed the overall reductions but said work must continue to further reduce accidents. (WCxKitz)
“The reduction in workplace deaths during 2009 is welcome but there were still 43 people who lost their lives as a result of work activity,” Calleary commented. “I believe that further reductions can be achieved by continuing to increase awareness and simplifying compliance.”
Martin O’Halloran, chief executive of the Health and Safety Authority, said that there was a specific emphasis on support in the inspection program for 2009. 
“The main focus of our inspections is to help workplaces improve health and safety standards with the overall goal of reducing accidents. The vast majority of employers and employees want this.
“Our inspectors provided written advice and guidance to thousands of organizations during the year. Where we found employers willing to improve we provided assistance. However, enforcement action was taken as appropriate against those showing disregard for worker safety, health and welfare,” O’Halloran noted. (WCxKitz)
The report showed during 2009 the Authority conducted 18,451 workplace inspections, an increase of 15% on the numbers carried out in 2008.
Jim Lyons, chairman of the Health and Safety Authority, added that the Authority is aware of the difficulties facing business,
“These are undoubtedly challenging times for employers and employees and we have all had to find new ways to make efficient use of our (WCxKitz) resources. We cannot compromise on the health safety and welfare of workers regardless of the economic situation,” Lyons said.
We'll be look forward to hearing whether the increased inspections have resulted in fewer or less severe 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, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact:  Robert_Elliott@ReduceYourWorkersComp.com   or 860-553-6604.

FREE WC IQ Test:
 http://www.workerscompkit.com/intro/
WC Books:  
http://www.LowerWC.com/workers-comp-books-manuals.php
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-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@WorkersCompKit.com 
Posted in Safety and Loss Control, WC in Other Countries (International) |


Comments Off

South Dakota Medical Clinic Settles Pregnancy Discrimination Case


Siouxland Oral Maxillofacial Surgery Associates LLP of Sioux Falls, S.D., has agreed to pay $95,000 in punitive damages and attorneys’ fees, in addition to $23,775 paid earlier this year for lost earnings and interest, to resolve a pregnancy discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC).
 
The case was brought on behalf of two pregnant women discriminated against in 2002, the agency announced. The EEOC’s suit charged one employee was fired days after Siouxland learned of her pregnancy, and a few months later, Siouxland refused to hire another woman after learning in an employment interview that she was pregnant. (WCxKitz)
 
Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, makes it unlawful for an employer to discriminate based on pregnancy when making hiring or employment decisions. The EEOC filed suit after first attempting to reach a voluntary settlement out of court through its conciliation process.
 
There was a jury trial on the case in Sioux Falls in April 2007, where the jury found that Siouxland had intentionally discriminated against both women because of their pregnancies and awarded $21,098 in lost earnings.
 
EEOC appealed because the trial judge refused to give the jury an instruction on punitive damages. Under the Civil Rights Act of 1991, punitive damages are available where it is proven that the employer engaged in discrimination with malice or reckless indifference to the civil rights of the claimant. (WCxKitz)
 
On Aug. 27, 2009, the Eighth Circuit Court of Appeals issued a decision upholding the jury verdict for the claimants, and additionally holding that the jury should have been instructed on punitive damages. [See EEOC et al v. Siouxland Oral Maxillofacial Surgery Associates, L.L.P., 578 F.3d 921 (8th Cir. 2009).]
 
As a result of the Eighth Circuit Court of Appeals decision, the case was returned to Sioux Falls for a second trial on punitive damages. This second trial was scheduled for June 22, 2010. After the appeal was decided, Siouxland paid the two women $23,775 for the back pay amounts previously awarded, plus interest. As a result of the parties’ agreement to resolve the remaining punitive damages and attorneys’ fees claims for $95,000, the case is now completely resolved.
 
The settlement agreement filed in U.S. District Court for Southern District of South Dakota (EEOC, et. al. v. Siouxland Maxillofacial Surgery Assoc., LLP CIV. 044215) also includes Siouxland’s agreement to provide training for Siouxland employees and supervisors on sex and pregnancy discrimination as well as reporting by Siouxland to the EEOC on other complaints of sex discrimination, including pregnancy bias.
 
This was a clear-cut case of blatant pregnancy discrimination,”EEOC Appellate Attorney Daniel Vail said, “and the evidence the EEOC presented at trial showed that the decision makers at Siouxland knew that their actions were illegal. The EEOC will prosecute these cases vigorously – at trial and on appeal – including seeking punitive damages against employers who either maliciously or recklessly violate the rights of pregnant women.” (WCxKitz)
 
Mary Jo O’Neill, regional attorney for the EEOC’s Phoenix District, which litigated the case with lawyers from its Denver and Albuquerque offices along with private counsel, said, “In recent years, we have seen a very significant increase in the number of pregnancy discrimination charges where women are fired, not hired, or treated differently solely because they are pregnant. We are pleased with the result in this case, which sends a powerful message to employers that this kind of discrimination can be very costly for them.”
 
  \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, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact:  Robert_Elliott@ReduceYourWorkersComp.com   or 860-553-6604.

FREE WC IQ Test:
 http://www.workerscompkit.com/intro/
WC Books:  
http://www.LowerWC.com/workers-comp-books-manuals.php
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-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@WorkersCompKit.com 
Posted in EEOC Discrimination Laws, Employment Law Issues |


Comments Off

Tips from Ted: Know These Five Sources of Information for a New York Work Comp Claim, or Any Other State


Employers in New York are usually kept in a passive state as their workers’ comp claims await the first hearing. Beyond providing an initial injury report (C-2), they are neither asked or required to do much else. Earlier posts address how to complete the C-2 more fully.
 
Yet  this is the very period (the three months or so following notification of an injury) when documents the employer has, or can locate, can make all the difference in result and claim costs. But it will only happen if the employer provides the documents, or at least lets the carrier know they exist.
 
Being pro-active on document collection is not too time consuming or expensive, unless a carrier engages an investigator to do it months or years later at great expense for a fraction of the impact the documents could have had if provided sooner.
 
The Five Sources of Information:
1.     The job application.
2.     The personnel file.
3.     A list of the employer’s prior comp carriers. (WCxKitz)
4.     A list of prior medical absences, whether work related or not.
5.     A list of claims and disputes with the employer.
 
The job application contains a list of prior employers and periods of employment. These will become vital if a fraudulent claim is suspected, since fraud is a recurrent behavioral pattern. Also, many injuries can be apportioned if the prior employer and carrier are known.
 
The personnel file may contain information about non-injury reasons for absences or disability. These can be medical conditions, personal problems, or family matters, all possibly useful for understanding the inconsistencies in many claims. (WCxKitz)
 
A list of the employer’s prior carriers may be necessary for apportionment. A recent claim which is partly a continuation of an earlier claim reduces the employers present liability, but the present carrier must identify which earlier carrier is responsible.
 
A list of prior medical absences is useful for documenting unrelated conditions which may still be in progress and under treatment.
 
A list of claims and disputes is often crucial for proving a claim may be an “afterthought” or retaliatory for other grievance.
 
The employer should not take the approach, “I thought the carrier was supposed to do all that.” They cannot be expected to act on information they do not know exists. The savings to the employer will be orders of magnitude greater if the employer makes the first efforts at providing a documentation package, as opposed to rumors or wishful thinking. (WCxKitz)
 
Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers' compensation, Social Security disability, employee disability plans, and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.

FREE WC IQ Test:  http://www.workerscompkit.com/intro/
WC Books:  
http://www.LowerWC.com/workers-comp-books-manuals.php
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-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@WorkersCompKit.com
Posted in Litigation Management, Lowering Premiums & Experience Mod, NY Workers Comp Issues |


Comments Off

May I Run A Business and Collect Workers Comp Benefits at the Same Time


Um …. No, you may not, at least not in New York. Common sense (which seems to be in very short supply these days) tells us if we are too injured to return to work at our regular, full-time job with our employer because of a workplace injury, then we are too injured to run an independent business, as this New Yorker found out.
 
A man was convicted in a New York court by a jury of illegally collecting $66,000 in workers' compensation benefits while operating a fish stocking business near his home following an accusation he earned thousands of dollars through his business while claiming a previous job-related injury prevented him from working.  (WCxKitz)  He was found guilty of submitting numerous work activity reports falsely stating he was not working in any capacity.
 
According to the prosecution, the man started collecting workers’ comp benefits after suffering a back injury while moving sheet rock.
 
The man was  convicted on charges of offering a false instrument for filing and workers' comp fraud.  Both charges are felonies and he could be sentenced to up to three to (WCxKitz) four years in prison.  Judge W. Howard Sullivan ordered a probation report pror to scheduling a date for sentencing.
 
The man was convicted on charges of offering a false instrument for filing and workers’ comp fraud. Both charges are felonies and he could be sentenced to up to three to (WCxKitz) four years in prison.  Judge W. Howard Sullivan ordered a probation report prior to scheduling a date for sentencing.

 

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, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact:  RShafer@ReduceYourWorkersComp.com   or 860-553-6604.

FREE WC IQ Test:
 http://www.workerscompkit.com/intro/
WC Books:  
http://www.LowerWC.com/workers-comp-books-manuals.php
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-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@WorkersCompKit.com
Posted in Employment Law Issues, Fraud and Abuse, NY Workers Comp Issues |


Comments Off