Attitudes continue to be seen by disabled persons as the single biggest barrier to New Zealander’s living fully productive lives, e.g., access to education, having paid work and appropriate support, according to a report from the Disabled Persons Assembly (NZ) Inc.
The government’s $3 million commitment to promote positive perceptions about disabled persons and to target discrimination provides a real opportunity for change.
“Disabled persons must be central to the planning and design of any public awareness or social marketing program that aims to change behaviors,” said Ross Brereton CEO of DPA. (WCxKitz) DPA as a collective voice has the lived experience of disabled persons and looks forward to working with other disabled persons organizations and with the government on the public awareness program.
The employment rate for disabled persons is a little more than half the employment rate of non-disabled persons. This participation rate remains embarrassingly low and is unacceptable officials said.
Changes in the income tax rates, particularly the lowering of the $14,000 to $48,000 from 21% to 17.5% presents an opportunity to focus on meaningful employment for disabled persons so everyone can share in the economic gains in a significant way.
DPA said it warmly welcomes the investment of $2.3 million over the next three years to promote, protect and monitor the rights of disabled persons. (WCxKitz)
DPA added it is particularly pleased with the $750,000 available to the Convention Coalition responsible for independently monitoring the United Nations Convention on the Rights of Persons with Disabilities.
\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: Info@ReduceYourWorkersComp.com or 860-553-6604.
©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
You have heard about “work hardening” for the employee who’s been off work for months due to a workers' compensation claim. But you may wonder exactly what is it and how does it work?
The rehabilitation textbook definition reads something like . . . “work hardening is a systematic, individualized program created to provide the necessary activity for a person to physically and psychologically recondition their body to be able to return to work.”
In plain English, the employee who performed physical labor for years was strong enough to do the job before the accident. Since the accident, the employee lay around watching daytime TV soap operas and the body became soft and much weaker than it was before the injury. In the doctor’s opinion, the employee has recuperated enough to almost be able to go back to work, but the doctor is concerned the employee will suffer a re-injury due to loss of muscle tone.
This is where the treating physician in collaboration with a rehabilitation specialist may recommend an occupational or physical therapist. Prior to recommending the employee for work hardening, the employee's medical history is reviewed , and possibly the employee is tested, to see if the employee is a proper candidate for the work hardening program. With the physician's approval the employee can start the work hardening program.
The goal of the work hardening program is to create real or simulated work tasks providing a gradual improvement in the employee's strength to the point where the employee becomes able to perform the work assigned when s/he returns to prior employment. If the prior employer does not have a position available for the employee, work hardening allows the employee to be physically capable of working for a different employer.
The physician can either recommend starting the employee with work conditioning or work hardening. The choice between work conditioning and work hardening depends on the physician's evaluation of the employee's physical status. If the employee is severely out of physical shape, the work-conditioning program will be utilized followed by the work hardening program. If the employee is not grossly out of shape, the employee can start the work hardening program without the work-conditioning program.
If work conditioning is chosen, the employee starts with a physical therapist who works on the employee's ability to stretch, lift, and bend and to perform the physical functions needed by the employer. The physical therapist utilizes lighter and easier exercises at the start and gradually increases the difficulty. At the beginning of the work-conditioning program, the physical therapist may work with the employee only an hour a day, but steadily increases the time to up four hours per day.
Once the physical therapist completes the work-conditioning program, the employee is reassessed by the treating physician. If the physician agrees, the employee will then be started on a work hardening program.
The work hardening program is customized to address the physical needs of the employee including both vocational and functional needs. The vocational rehabilitator works with the employer's personnel office to obtain a precise job description for the employee. This will allow the voc rehab person to tailor the work hardening program to the employer's needs and to the employee's capabilities. Considerations in creating the customized work hardening program should include:
- How to simulate the work that is performed on the job
- How to increase the endurance and strength of the employee
- The type of equipment that will be needed – weights, treadmills, circuit training, etc.
- How to measure the improvement of the employee
- How to educate the worker on body mechanics, work posture and pain management
- The daily recording of progress made and the goals for the short term
The work hardening program also includes educational information for the employee on proper lifting techniques, safety, and how to prevent injury or re-injury.
The work hardening program must be completed within a specific time frame of 2 to 4 weeks. The program runs three to five days per week. At the start of the work hardening program, the employee participates for at least 4 hours per day and by the time the program ends, the employee will spend a full 8 hours per day at rehab. Once the employee is rehabbing for 8 hour a day, s/he is ready to start work at the employer on the following day. (workersxzcompxzkit)
A work hardening program is not for every employee out of work for a long period of time. A work hardening program will not change an employee who is more interested in maximizing the disability settlement then in returning to full employment. The programs are most successful with employees who are motivated to return to work and an employer who wants them back at work.
\Author Rebecca Shafer, Consultant / Attorney, 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.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
We all know it is the employer's responsibility to purchase workers compensation insurance coverage and to report a claim to the claims office when an accident occurs. Unfortunately, in way too many cases this is where the employer's involvement in workers compensation ends. Being passive about workers compensation is an expensive approach to the subject. Here are some six responsibilities and suggestions on how your company can be an active participant in the workers comp claims process. The better the employer meets these responsibilities, the better the employer’s financial picture.
1. A Safe Workers Environment
It is your responsibility as an employer to provide a safe workers environment. By doing so, you eliminate many workers comp claims because the injuries never happen. A strong safety program in which the employees are actively involved in preventing accidents has a major impact on the financial cost of workers compensation. (WCxKitz)
2. Know the Law
Post in a place convenient for all employees the state required notices. This can include their rights under the workers comp laws, a posting of approved medical facilities (in the half of the states allow the employer to select the medical provider), post OSHA posters and anything else required in your state.
If an employee has an injury, allow the employee to seek medical care in a timely manner. Your company does not want to do anything appearing to interfere with the employee's right to medical assistance.
3. Report the Claim Immediately & Accurately
It is not enough just to report the injury claim to the claims office. The injury should be reported to the claims office immediately, not next week, not in a couple of days, but as soon as the employer becomes aware the employee is seeking medical treatment for a workers comp injury. All employees and all their supervisors must know it is a requirement for every workers comp claim to be reported to your workers comp claims coordinator as soon as medical treatment is needed. (WCxKitz)The claims coordinator then promptly completes the Employer's First Report of Injury and immediately transmits it electronically or by fax to the claims office.
All supervisors should be trained on the information needed to complete the Employer's First Report of Injury form so it is accurate when it is received in the claims office. It is well established in the claims field fast and accurate reporting of the claim has a positive impact on the outcome of the claim.
4. Cooperation with the Insurance Company
The employer who takes the hands-off approach to workers comp claims may expect to see a steady increase in the workers comp insurance premiums. The smart employer takes a very active approach to be involved in the workers comp claims process.
It is your responsibilities as an employer to assist the workers comp adjuster in the handling of the claim. As the adjuster investigates the claim, there will be a need for documentation from you as to the employee's payroll history. The adjuster may need to speak with the employee's supervisor or co-workers who may have witnessed the injury. In some situations the adjuster may need to see the employees personnel file or health benefits file. If you are contacted by an attorney for the employee, be sure to notify the adjuster immediately. By providing whatever assistance the adjuster needs on a timely basis you can help mitigate the cost of the workers comp claim.
5. Employee Contact
One of the most often over-looked responsibilities of the employer in workers comp claims is the human element. The employee's supervisor or the workers comp claims coordinator or both of them must stay in contact with the injured employee while he/she is off work. By letting the employee know your company is concerned about his/her well-being and by keeping the lines of communication open, the risk of the claim becoming adversarial or the employee employing an attorney, guaranteed to delay resolution of the claim, is diminished. (WCxKitz)
6. Return to Workers Program
Study after study shows the quicker the employee is returned to work, the lower the overall cost of the workers compensation claim. It is imperative the employer have a Modified Duty Program or a Light Duty Program available for all injured employees.
In most states you can contact the employee's medical provider and ask for the conditions under which the employee can return to work. You have the right to know the employee's medical condition and to have the worker return to work on a light duty program with the medical provider's agreement.
By getting the employee back to work in a modified duty program, the employee benefits and the employer saves money. (Remember the more the insurance company pays out, the higher your eventual workers comp premium becomes). When the employee is off work, the insurance company is paying benefits to the employee, but the employer is not receiving anything of value. When the employee returns to work, the benefits being paid by the insurance company stop. While an employee on modified duty may not be as productive as an employee on regular duty, the employee is still producing some benefit to the employer.
Summary
The more pro-active the employer is in the workers comp claim process, the lower the overall cost of workers compensation. The employer who provides a safe workers environment, knows the requirements of the workers comp laws in their state and who reports their workers comp claims quickly and accurately will lower their cost for workers comp coverage. The employer who cooperates with the insurance adjuster's investigation, keeps in contact with the employee and assists the employee in returning to work quickly has a positive effect on their workers comp costs.
\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: Info@ReduceYourWorkersComp.com or 860-553-6604.
©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
California’s workers compensation insurers lost more than $1.5 billion in their underwriting in 2009 as a result of a devastated economy and lower workers comp rates according to a report from the Sacramento Business Journal.
The summary of recently released workers comp data shows workers comp insurers garnered premiums of $9.1 billion in 2009, a 16.5% drop from the $10.9 billion they earned a year earlier, the California Workers Compensation Institute reported in an overview of 2009 insurer data released by the California Workers Compensation Insurance Rating Bureau of California.
Even though the figure of workers comp claims dropped in 2009, but insurers continued to witness costlier claims. (WCxKitz)
According to a bulletin from the California Workers Compensation Institute, “As usual, medical treatment remained the biggest single cost category in California workers compensation, accounting for just over one-third of total expenditures last year.”
Medical care payments increased to $3.68 billion in 2009, from $3.64 billion the prior year.
Payments for lost work time accounted for a quarter of insurers’ expenditures in 2009, according to the institute. (WCxKitz)
For those indemnity payments, temporary disability was the top claims category, accounting for $1.36 billion, or 48.35%.
\Author Rebecca Shafer, Consultant / Attorney, 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: Info@ReduceYourWorkersComp.com or 860-553-6604.
©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 Reader Writes…
I am just beginning to implement a workers' comp management program and I need help with controlling the events surrounding work related injuries. It seems when employees are injured, they leave work, go to their doctor and call in sick for a few days.
I need a tool to verify the extent of their injuries and keep me in the information loop. Can you suggest anything?
Rebecca Shafer Replies: The tool we use is called a work ability form . Similar forms have other names like Work Capacity Form, etc. Keep in mind, one of the benefits of a workers' comp management program is the ability to structure processes by building forms not only designed to capture injury events, but to control process after the injury occurs. Your work ability form can be customized to reflect how your company wants things done. Keep in mind, you must comply with all state and federal laws applying to your business.
The point of a work ability form is to track the injured employee through the healing process, with return-to-work as quickly as possible being the final goal.
Include instructions to the treating physician with your fax number and request the completed, signed form be faxed to you within 24 hours following the injury.
Calendar all upcoming appointment dates and be sure the treating physician has additional copies of your form to complete and return to you following each subsequent medical appointment.
Seven Basic Sections of a Work Ability Form
1. Employee Information
Get the patient's full name, home, cell, business phone numbers. Date, time and place of the injury. If you are multi-sited, get the employer's name. Make sure the employee signs the release of medical records section, if at all possible so the treating physician can fax to you the part of the form with a diagnosis, prognosis. Once you have the information you can begin to build a modified duty job to offer to the injured employee as soon it's appropriate to do so.
2. Injury Information
Gather as much information about the injury as you can. Is it a new injury, a recurrence? What part of the body was injured? What is the diagnosis and prognosis? What type of physical exam was conducted subsequent to the injury?
3. Treatment
What kinds of medications are administered? Is further treatment necessary? Will treatment include physical therapy, hand therapy, etc.? Were tests administered (CT Scan, MRI, EMG, X-Ray)? Include dates, times.
4. Work Ability
What is this patient's prognosis for returning to work? Did the treating physician review the patient's job description (that you ensured the patient brought with him to the treatment facility)? Was the doctor able to view a job analysis video really see what the patient's job entails?
What is the return to work status? Can the patient return to full duty with full restrictions, and if so, when? You need a specific date. Is the patient returning to work with some restrictions? What are the restrictions and how can you work with the treating physician to accommodate a modified duty position. Regardless of type of modified duty, you must require a return to work date. Ask: Will the patient remain off duty? If so, until when?
5. Physical Restrictions
The treating physician completes a detailed report of the patient's ability in physical functions such as keyboarding, squatting, kneeling, sitting, driving, standing, walking, etc. The initial report is used as a base line to compare against future work ability reports the patient and treating physician complete as the patient recovers. Make a note if the patient requires an assistive device such as a wheel chair or a cane, in order to factor its use your modified duty plan. (workersxzcompxzkit)
6. Next Appointment
The treating physician assign a follow-up examination date and makes comments in this section.
7. Medical Provider Signature
The treating physician swears everything entered into the form is true. Insert instructions to have the doctor's name printed as well as signed and dated.
\
Author Rebecca Shafer, Attorney, Consultant, Writer, 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.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
Is it Cost Effective: Avoid Setting Bad Precedents?
If you ask different claim professionals, you will get different answers to the question: Is it a good idea to close a litigated claim now by paying the employee not only the actual value of the claim but also the amount you anticipate in future legal cost if you do not settle for the employee's attorney demand?
For example: The mid-point of your settlement range for combined permanent disability and future medical is $50,000. The expected legal expense to litigate the claim to conclusion is $10,000. The employee's attorney is demanding $60,000 and refuses to negotiate any further. Do you settle for the $60,000 or do you continue to defend the litigated claim and possibly end up paying more when you combine the final settlement cost with the cost of defending the claim?
The precedents your company sets, whether good precedents or bad precedents, impact your work comp costs. The employee's attorney knows the value of the claim and knows approximately what it is going to cost you to defend the claim, hence the high demand.
An experienced plaintiff's work comp attorney knows the settlement reputation of your company. S/he knows the settlement reputation of the adjusters s/he deals with. The plaintiff attorney knows if you will add the cost of defense to the true value of the claim to get it settled, or if your company will never pay more than the claim's value, regardless of how much you spend defending the claim. S/he also knows the quality of the defense attorney you hired. All these factors go into the plaintiff attorney's calculation of what to demand for the claim.
A large national grocery store chain has built a strong reputation over the years as a company never voluntarily paying more than the lower end of the settlement range of a work comp claim. Plaintiff attorneys know when they are dealing with this self-funded employer it is going to take a considerable amount of time and a lot of effort to get anything over the lower end of the settlement range for the employee.
They know this employer will spend a lot of money with their defense counsel, but will never consider adding defense cost to the settlement value. The precedent the grocery store chain established over the years is paying off for them now with many of the plaintiff attorneys who settle claims quickly and fairly. Some people will argue this company spends too much on defense cost, while others will argue their total cost of claims is lower because they refuse to ever voluntarily over pay a claim.
What About This Scenario?
An employer closed a location and laid off 110 workers. Within a few weeks, 80 of the workers filed a workers' compensation claim for injuries unreported before they were laid off. The dilemma for the employer: Do you pay nuisance value to get rid of most of these questionable claims or do you deny and defend them all, even if a few of them are legitimate?
One approach to the cost debate is: If you are going to have a steady stream of claims in a geographical location, follow the example of the grocery store chain and never pay more than the value of the claim, regardless of defense cost. It will pay off for your company in the long run. If you have a single claim or a few claims in a geographical location, the better cost approach from a financial standpoint is to add part of the defense cost to the true settlement value to get the claim resolved at the most economical cost. (workersxzcompxzkit)
Claims to settle quickly:
1. A claim where it is obvious the employee will never be able to return to his former job.
2. A claim reaches MMI and no further medical progress is likely.
3. A claim where the injured employee has moved out of state or is contemplating moving out of state.
4. A claim where the employee has reached or is about to reach the normal retirement age for their occupation.
5. A claim where the employee has a non-related serious illness preventing the employee from returning to work.
\
Author Rebecca Shafer, J.D., Writer, 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.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
Search and rescue groups in Alberta, Canada are applauding the passage of legislation providing payment for liability insurance for volunteer search organizations by the provincial government. Not quite a workers comp issue, but closely related nontheless.
The issue was highlighted last May when a woman from Quebec died after she and her husband skied out of bounds at a resort and spent days lost in the rugged mountainous region.
The 51-year old husband filed lawsuits against a local search and rescue group, the RCMP and the Kicking Horse Mountain Resort after his 44-year-old wife froze to death during their 10-day ordeal in February.
The man is suing for negligence, alleging that between February 17 and 21, all three organizations were informed of SOS signals he stamped into the snow in the area about 700 kilometers northeast of Vancouver, but failed to launch a search. The allegations have not been proven in court.
In a statement of defense filed in court, the three organizations say the couple made a “deliberate choice” to ski out of bounds and can't blame others for the tragic consequences. (workersxzcompxzkit)
Until now, search and rescue groups were forced to pay for their own insurance. One estimate for the cost of buying insurance for all of the province's 40 search and rescue groups and 1,500 volunteers is “between $75,000 and $80,000 a year.''
\Author Rebecca Shafer, J.D., Writer, 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. Contact: RShafer@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
It’s not ALL on the insurer and/or employer to process workers comp claims. A joint effort is required by the employer, employee, insurer and TPA because when workers compensation claims are filed and processed quickly they are much less likely to become long-term claims. There is a much higher probability of claims “getting out of control” when control is not exercised at the start of the claim. Everyone has a part to play.
7 Standard Employer Tips
Employers who expedite their workers compensation claims handling:
1. Have a strong safety program to prevent many accidents from occurring. Safety programs are known to reduce the severity of the accidents that do occur.
2. Post all state required notices where all employees will see them and know what to do in the case of an injury.
3. Post the approved the medical provider(s) [in the states where the employer selects the medical provider], or post the suggested medical provider(s) [in the states where the employee selects the medical provider] with the notation the employee can select their own doctor.
4. Report the claim immediately after the accident (not the next day or the next week) to the insurer or TPA who will handle the claim. If you do not already know who the adjuster will be for the work comp claim, ask the claims office for the adjuster's name and phone number, then call the adjuster and ask if he/she has all the information needed. (WCxKitz)
5. Remain actively involved in the workers comp claim. Make sure the employee's supervisor and any witnesses are available to talk to the adjuster. Advise the adjuster of any contact you receive from a medical provider or an attorney representing the employee.
6. Stay in contact with the employee. By keeping the lines of communication open with the employee, the claim will move faster and the risk of an adversarial situation is diminished.
7. Have an active and effective return-to-work program. Provide the doctor with a written outline of the employee's job duties and physical requirements. Numerous studies show when employees return to work on modified duty or light duty the overall cost of both medical care and indemnity benefits are reduced.
11 Proactive Employer Tips
Employers who are on top of the claims process also take these proactive steps:
1. Coordinate between the risk management department and the human resources department to provide immediately to the adjuster.
2. Review the employee's job application (which should include pre-existing medical conditions both non-work related and work related).
3. Prepare the required payroll information and submit it to the adjuster within 48 hours of the accident report.
4. Provide a list of all previous work comp insurers and TPAs.
5. Provide a list with basic details of all prior workers compensation claims with previous TPAs or insurers.
6. Give an explanation and details of any disputes the employee has with the employer.
7. Provide a list of any absences from work, other than vacations and single sick days.
8. Provide the employee's personnel file (where state law permits). (WCxKitz)
9. Timely filing of all state required forms [timely being defined as quickly as possible, not within the 30-day window given by the state].
10. Large employers need to consider an on-site nurse or doctor to treat the employee immediately following the injury rather than the delay entailed by the employee going to the emergency clinic or even waiting to get an appointment with a doctor.
11. Educate the employees on what they can do to expedite their work comp claim.
9 Employee Recommendations
Your employees are just as anxious as you are about getting their workers comp claim processed and paid quickly. Post these recommendations and give them to your employees in a pamphlet when a workplace injury occurs.
1. Report any accident immediately to your supervisor or manager.
2. Offer your assistance to your employer in completing the Employer's First Report of Accident form required by your state.
3. Seek medical assistance immediately from the employer's required medical provider [or the suggested medical provider(s)].
4. Obtain from your employer the name and phone number of the adjuster who handle your workers comp claim.
5. Obtain from your adjuster the claim number for your claim and use it on all correspondence, and have it available whenever you contact the adjuster.
6. promptly complete and return all forms provided to you by the adjuster and your employer.
7. Attend all scheduled medical appointments and provide your doctor with accurate information on the nature and scope of your work duties. (WCxKitz)
8. Advise your employer and the adjuster of any changes in your medical status or work status.
9. Do not engage in any physical activities that will slow your recovery.
8 Tips for Insurers and TPAs
Insurers and TPAs speed up the processing of workers comp claims by employing these proactive steps:
1. Tighten up their “Best Practices” to require three-point adjuster contact the same day the accident is reported.
2. When the employee's medical treatment does not require emergency care, the insurer or TPA can bring in the nurse case manager to direct the employee [where permitted] to the best medical provider for the nature of the injury.
3. In non-emergency situations the nurse case manager can discuss with the medical provider the injury and the treatment to be provided prior to the initial medical visit.
4. Utilize a vocational rehabilitator to coordinate between the medical provider, the employer and the prompt return to work of the employee.
5. The adjuster can provide the medical provider with all necessary forms, including blank return-to- work slips prior to the first medical visit.
6. The adoption of electronic data interchange (EDI) can reduce the time for transmission of information between employers, physicians and state workers comp boards.
7. Supervisory reviews by the insurer or the TPA can be done within 14 days of the lost time claim being reported, rather than at 30, 60 or 90 days, or when the claim file reaches a dollar threshold amount.
8. If the nurse case manager or the adjuster has any questions about the medical progress or the medical treatment, a peer-to-peer review (doctor to doctor) should be requested. Ask your TPA if they have a medical director to work closely with you on your claims if you don't have your own medical director. Claims are medical injuries – don't forget that! (WCxKitz)
Summary
Your company will save money when you expedite the workers compensation claim process. Every step you take to report and handle the claim earlier results in lower claim cost. The costs associated with speeding up the claim are minor compared with the costs of allowing the claim to get out of control by moving along at its owns pace.
\Author Rebecca Shafer, J.D. and 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: Info@ReduceYourWorkersComp.com or 860-553-6604.
©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
Tomorrow’s architects, engineers, health professionals and business administrators will all need to be aware of occupational safety and health (OSH) and incorporate risk management into their daily working lives, if they are to keep themselves (and those around them) safe while they are at work, the European Agency for Safety and Health at Work said.
But how do officials ensure OSH training is an integral part of university education, rather than something young people encounter only when they enter the world of employment? A new report looks at the challenges of “mainstreaming” or integrating OSH into university courses, as well as providing examples of imaginative ways to overcome these challenges.
The new report is just the latest in an ongoing EU-OSHA initiative to support the “mainstreaming” of OSH into education at all levels, Jukka Takala, director of the European Agency for Safety and Health at Work (EU-OSHA), points out. (WCxKitz)
“Education is key if we are to develop a culture of risk prevention,” Takala said. “But it is not just about teaching children and young adults to live and work safely. If OSH is truly to become an integral part of business management and operations, all future managers and professionals need risk education about their role and responsibilities.”
When it comes to integrating OSH into university education, though, there are a number of particular challenges. There is often a lack of teaching staff with expertise in OSH, and a lack of OSH teaching materials suitable for university level. There can be a lack of funds for developing OSH education at universities, compared with schools. And university courses can favor theoretical learning methods over practical, active ones.
Nevertheless, as the report makes clear, there are examples from around Europe of OSH successfully integrating into university education.
Factors helping to mainstream OSH in universities include:
1. Working in co-operation with receptive individuals and organizations (in Germany, for example, a number of universities work in partnership to pool OSH resources)
2. Embedding OSH education within courses, rather than making it an add-on (examples include the inclusion of OSH elements within engineering courses at the University of Liverpool in the UK), and(WCxKitz)
3. Involving students in managing health and safety in their learning environment (as at the Dublin Institute of Technology, where the students’ union is involved in helping the university meet its OSH obligations).
The report presents an analysis of all the success factors found in the cases. Ultimately it recommends the development of a “whole-university approach.” combining OSH and risk education with the practical steps universities take to provide a safe and healthy working environment for its staff and students.
\Author Rebecca Shafer, Consultant & J.D., 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.
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
At the core of the workers compensation bargain is the employer-employee relationship. Where that relationship does not exist between the parties, as where there has been a conscious and deliberate effort to substitute an independent contractor relationship for an ordinary contract of employment, workers compensation law usually acknowledges the desires of the parties and does not offer the burden and protection of the jurisdictions compensation act. I am often asked questions related to this by new business or small business owners and wanted to point out that updates to this legal doctrine constantly evolve.
Larson’s Workers’ Compensation Law: Chapter 63 , which discusses whether such deliberate substitution is effective to avoid compensation liability, has also been upgraded and revised. In most cases, the actual facts of the relationship control; the legal name and form given it do not. While the law generally acknowledges that parties should be free to designate their working relationships as outside the usual bonds of employment, it must be remembered that society is also a party to the "workers compensation bargain;" it has an interest in assuring itself that the cost of worker "wear and tear" is fully included in the price of the good or service and not borne disproportionately by the public.
© Copyright 2010 LexisNexis. All rights reserved. This material is excerpted from Larson’s Workers Compensation Law. Reprinted with permission.
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, Integrated Disability Management, Litigation Management, WC in Other Countries (International) |
