A draft German law has been devised to make it illegal for prospective employers to spy on applicants' private postings.
The draft law on employee data security presented by Interior Minister Thomas de Maiziere is the government's latest attempt to address privacy concerns about online services including social networks and Google "Street View.”
According to the Associated Press, it is also a response to corporations checking on employee e-mails and filming sales clerks during coffee breaks, triggering public outrage in Germany.
De Maiziere acknowledged that some of the new regulations — which have yet to be discussed and passed by parliament — might be complicated to enact. (WCxKit)
As an example, employers will still be permitted to run a search on the Web on their applicants, according to de Maiziere. Anything out in public is fair game, as are postings on networks specifically created for business contacts, such as LinkedIn.
On the flip side, it will be illegal to become a Facebook friend with an applicant in order to check out private details, de Maiziere noted, adding that some people seem to be indiscriminate about whom they accept as a friend.
A rejected job applicant who can show he or she was turned down based on violation of the new law could take the company to court and claim damages.
The new law will also prohibit clandestine video surveillance in the workplace, particularly in private spaces like lavatories or locker rooms, according to de Maiziere. An employer ignoring the new rule could be charged fines of up to euro 300,000 (approximately $379,000). (WCxKit)
Cameras will be permitted in public spaces such as supermarkets and some factories or warehouses, if employees know about them, he added.
"Overall, the new rules passed by the cabinet keep a good balance between employees' interests on the hand and companies' interests on the other," de Maiziere commented
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing.
Contact: RShafer@ReduceYourWorkersComp.com or 860-553-6604.
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
A group of Washington Coca-Cola Enterprises Inc. workers currently on strike filed a lawsuit stating their employer terminated their health benefits in violation of the Employee Retirement Income Security Act.
The suit filed in U.S. District Court for the Western District of Washington in Seattle, claims health benefits were “wrongfully withheld from striking employees after they went on strike August 23, according to BusinessInsurance.com.
On or about August 24, 2010, Coca-Cola unilaterally and without notice or lawful authority ceased to permit or enable the class representatives and putative class members to make the employee contributions toward the cost of their coverage under the plan through monthly payroll deduction,” states the suit, which is looking for class action status on behalf of some 500 full-time Coca-Cola employees.
Moreover, Coca-Cola at no time communicated to employees the specific reasons for its termination of benefits and employee contributions, the suit asserts. Coca-Cola did not notify or otherwise inform employees of any right to, or process for, making a claim regarding or otherwise appealing Coca-Cola’s action. The class has therefore been denied access to any claims and/or appeal procedures that may exist under the plan.
The suit, filed August 27, also notes provisions of Coca-Cola Enterprises’ summary benefit plan description, it says states: “membership for you and your enrolled family members may be continued as long as you are employed by the employer and meet eligibility requirements. It ceases on the earliest of the date your employment ends, the date you no longer meet eligibility requirements . . . or you fail to make any required contribution toward the cost of your coverage. In any case, your coverage would end at the expiration of the period covered by your last contribution.
A notice from Coca-Cola Enterprises dated August 25 attached to the suit claims, We have received questions from some of you about your benefits. Your benefits have been terminated, effective August 24, 2010, because you are not working and thus no longer eligible for benefits. This is because the union has directed you to engage in this work stoppage. You will be receiving COBRA information in the mail this week that will detail how you can continue your benefits if you choose to pay the out-of-pocket cost. COBRA is a federal law that allows you to continue health benefits without interruption, but it will be entirely at your own expense. (WCxKit)
A Coke spokesman claims the union is putting out misinformation. Coke states the company is not punishing its employees and the striking workers' premiums will not be subtracted from their last paycheck.
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
Just over half of WCB-covered employers in Nova Scotia will see their rates for workplace injury insurance decrease or hold steady next year, the WCB announced.
Meanwhile, the number of employers receiving rate surcharges based on their claims costs is increasing by about 16% over last year.
“These numbers indicate that on the whole, we’re seeing pockets of improvement in the symptoms of Nova Scotia’s workplace injury epidemic,” said WCB Chief Executive Officer, Nancy MacCready-Williams.
“Still, we are far from a cure. There are too many clear instances of injury’s human and financial impact, and there is still real need for improvement.”
Rates are decreasing or holding steady for 52% of employers, while 48% will see an increase. The average rate of $2.65 per $100 of assessable payroll remains unchanged. Rates are based on the overall claims cost in an industry, combined with a firm’s own experience. They range from a low of $0.60 to a high of $10.15 per $100 of payroll in 2011.
Ninety-two employers will receive a surcharge in 2011, up from 79 in 2010. Surcharges help to more fairly allocate the costs of Nova Scotia’s workplace injury, and they provide strong encouragement for employers to make improvements in their safety and return-to-work performance.
To be surcharged, an employer’s claims costs must be at least three times their industry average for at least four consecutive years. Surcharges are cumulative and can add an additional 20% to a firm’s base rate each year.
Employers receive two warnings – one in each of the preceding two years – before they are surcharged. As a result of a workplace fatality resulting from a car crash in 2008, the WCB is among the 253 employers receiving a surcharge warning notice.
“Sometimes it’s easy to think that those who work in an office environment are not susceptible to workplace hazards. But workplace injury can happen to anyone. Over the past two years, we have been humbled, saddened and moved to action by the tragic loss of one of our own,” said MacCready-Williams.
(WCxKit)
“We encourage all employers to read their experience rating statement (mod) closely, and to act upon it toward improving the health and safety of their workplaces, and the province as a whole.”
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: Info@ReduceYourWorkersComp.com or 860-553-6604.
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.
Records indicate the Ohio man, owner of a bear that mauled its caretaker to death, did not have workplace injury insurance to cover the man, an apparent violation of state law.
According to the Associated Press, an Ohio Bureau of Workers Compensation spokesperson stated investigators were looking into whether Sam Mazzola had paid 24-year-old Brent Kendra or other employees since coverage lapsed in late 2005. (WCxKit)
Ohio requires business owners who pay even one employee to carry insurance in the event of injury or death, the spokesperson said.
OSHA, regulator of workplace safety, is also attempting to determine whether Brent Kendra was Mazola’s employee or just a friend who occasionally assisted Mazzola.
Brent Kendra was mauledAugust 19 after opening the bear's cage for a feeding at the home where Mazzola maintains his exotic animal menagerie of bears, tigers, wolves and a lion. Kendra died the next day.
John Kendra indicated his son worked for several of Mazola’s businesses over a number of years, erecting highway guardrails and fences, overseeing petting zoos Mazzola would take to malls, staffing his pair of pet stores or feeding the exotic beasts.
"Basically he was a part-time, fill-in guy. He had just started back after not working for him for a year," John Kendra commented. "He'd work part time on his days off so he didn't collect a paycheck. He'd be paid $20 or $40 in cash on a day off, probably under the table, and Sam would feed him dinner. They were friends."
The Ohio WCB spokesperson said investigators are looking for evidence Brent Kendra worked for Mazzola, like canceled checks, lists of duties or work schedules. (WCxKit)
She added the state was seeking $5,379.78 in unpaid workers comp premiums when Mazzola filed for bankruptcy last year. After he informed the state his business, World Animal Studios, had halted operations in 2005, the state decreased his bill for outstanding premiums to $27.47.
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. RShafer@ReduceYourWorkersComp.com or 860-553-6604.
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.
Broadspire, a Crawford Company and leading third party administrator (TPA) and medical management services provider, is proud to announce that Gary Anderberg, Ph.D., practice leader for analytics and outcomes, has been named to Risk & Insurance magazine’s Risk Innovators of the Year list.
Anderberg was nominated for his work as a leader with Broadspire’s e-Triage system, which helps analyze claims that might become outliers in terms of duration and cost, a question inherent in all new occupational and non-occupational disability claims.
“There are few people who have greater insight into our industry than Gary Anderberg,” said Broadspire CEO and President Kenneth F. Martino Jr. “He has an incredible amount of knowledge and understanding about the intricacies of disability. He continually comes up with new views into the business and solutions for meeting client needs. We believe he is highly deserving of this honor and congratulate him on being named a Risk Innovator.”
The proprietary technology used in e-Triage allows Broadspire to explore psycho-social and socio-economic issues, in addition to core compensability investigations, that can impact the outcome of claims. Using the power of more than 700 evidence-based studies, e-Triage guides the claim professional through dynamic interviews and captures information as data points – not text – thus allowing for unprecedented analysis.
Broadspire uses e-Triage to conduct initial contact and follow-up interviews for many of its most important workers compensation clients. Like any major application development, building the most recent version of e-Triage has been a team effort. Anderberg has helped lead the project by driving application use and finding additional ways to employ e-Triage internally and externally. His work will directly produce better claim quality and consistency as well as improved analytics for clients.
Anderberg also leads Broadspire’s analytics department and is a well-known figure in the workers compensation and disability industry. This past year, he chaired a panel on the impact of national healthcare reform on workers compensation at the national Risk and Insurance Management Society (RIMS) conference, published several articles and became a regular contributor to industry blogs. (WCxKit)
Anderberg has more than 30 years of experience in the risk management arena. He received his bachelor’s degree from Pomona College, graduating Phi Beta Kappa and cum laude, and a doctorate from Stanford University, where he was the Woodrow Wilson Fellow.
About Broadspire: Broadspire, a leading international third party administrator for large self-insured organizations, offers a broad array of customized claim and medical management services designed to increase employee productivity and contain costs. Broadspire's U.S. offering of workers compensation, auto and general liability claims administration, medical management and absence and care management, is available bundled or individually. In addition, Crawford provides liability, motor and property claims management services in Europe under the Broadspire brand. Broadspire is based in Atlanta, Ga., with a network of 85 locations throughout the United States (www.choosebroadspire.com) and Europe (www.Broadspire.eu), including the United Kingdom (www.BroadspireTPA.co.uk). Contact at: Broadspire_Info@choosebroadspire or 1-866-625-1662.
About Crawford: Based in Atlanta, Ga., Crawford & Company (www.crawfordandcompany.com) is the world's largest independent provider of claims management solutions to the risk management and insurance industry as well as self-insured entities, with a global network of more than 700 locations in 63 countries. The Crawford System of Claims SolutionsSM offers comprehensive, integrated claims services, business process outsourcing and consulting services for major product lines including property and casualty claims management, workers compensation claims and medical management, and legal settlement administration. The Company’s shares are traded on the NYSE under the symbols CRDA and CRDB.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
A few years ago one of the nation's largest Third Party Administrators (TPA) found itself in a quandary. Every year, for several years, there was a small decline in total revenue. While a decline in revenue in one year could be blamed on the business atmosphere, a decline in revenue year after year was causing major concern in the business world. The company stock of the TPA sank. The major insurance brokers the TPA relied on for business were not including this TPA when they needed TPAs to bid on new claim business.
Something had to be done. The TPA hired one of the leading consulting companies in the insurance market to provide some guidance. The consulting company did their study. They interviewed employees, they interviewed clients, they studied the data and they did market research. Four months and many, many dollars later, the consulting company came to the same conclusion most of the TPA’s middle management knew . . . only 68% of the TPA's clients were satisfied with the quality of service being received on their claims.
Some of the quality issues that were identified included:
1. Communications and responsiveness of the adjusters.
2. A need to retain knowledgeable, well-trained adjusters, i.e., too much turnover.
3. Timely and accurate data.
4. Timely reporting of claims status.
5. A failure to keep the clients informed.
6. Too many billing issues.
7. Wide variation in the quality of service among branch offices.
These are the same issues faced by many TPAs and insurance carriers.
It was not enough to say “these are your quality problems.” The TPA's quality problems need correction and the quality improvements needed measuring in order to quantify the results. Three broad objectives were established.
1. The TPA would create a new monthly operations report that quantified branch performance in terms of quality,
2. Incorporate these measures into staff incentive programs for managers, supervisors, adjusters and other employees, and
3. Use these measurements to identify performance deficiencies in order to implement corrective action plans.
To measure the success of the quality initiatives, the TPA decided to use three criteria,
1. Marked improvement against the benchmarks they established to measure the quality of their performance,
2. A reduction in the rate of employee turnover, and
3. A positive change to their financial performance.
These were good criteria for the TPA to measure itself by, but the question became “How?” The following steps were taken:
1. A creation of their own “Best Practices” as to what to do on every claim.
2. Measure the quality of the claim files frequently, both subjectively and objectively.
3. Offsetting quality indicators were established to achieve checks and balances in the measurement process.
4. Measure management performance on both financial results and the improvement of quality against the benchmarks established.
5. Expand branch performance measurements to include quality indicators.
All of the above ways of improving quality were beneficial, but the main reason quality began to improve at the TPA was they were providing financial incentives for quality at all levels of the operation — Regional, Branch, Supervisor and Adjuster.
The Quality Assurance (QA) Department moved from obscurity within the TPA to the forefront of the TPA's operation. To accomplish these goals, the QA established diagnostic measurements that could be taken from the data already produced by their computer system including:
1. Workers compensation medical bill turnaround time
2. Average days between reserve changes
3. Closed file payments in excess of $1,000 aggregate
4. Closed file payments as a % of total payments
5. Data errors
6. Reserve worksheet completion compliance
7. Reserve to ultimate value comparison
8. Index filing compliance
9. Diary usage
10. Claim file notes usage
11. Average claim cost comparison
12. Closings (average per full time employee)
Established an on-line auditing system to review a sampling of every adjuster's files each month to measure:
1. Initial contacts timeliness
2. On-going contacts
3. Initial investigation completion
4. First reports to clients
5. Status reports to clients
6. Compiled the results of the diagnostic measurements and on-line auditing into a monthly quality comparative operations report.
7. Ensured the distribution of the monthly quality operations report to all parties.
8. Published quarterly and annual compilations of the improvements against the established benchmarks. (WCxKit)
9. Assisted the Regional Managers in identifying and correcting quality deficiencies.
10. Assisted the Regional Managers in identifying and rewarding quality achievers.
11. Assisted senior management in establishing and refining the quality measurement process.
By identifying the quality issues they were facing, the TPA was able to establish quality benchmarks to measure. By measuring the quality goals and rewarding the employees whose performance improved, the TPA was able to turn the performance of the entire company around and increase client retention to 95%.
©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
Observing that since 2002, the riverboat where the employee worked had been moored and stationary — with the exception of rare tests conducted in compliance with federal regulations — that it was connected to the
dock by eight mooring lines, two double-up lines, three fuel hoses, a sewage and water hose, and seven power cables, and that a majority of decisions on the issue had refused to grant vessel in navigation status to moored riverboats, an Indiana appellate court held that the riverboat casino was not a vessel in navigation, that while it was theoretically capable of being in navigation, the actual intention had been to remove the boat from navigation, except in emergency situations [RDI/Caesars Riverboat Casino, Inc. v. Conder, 896 N.E.2d 1172 (Ind. Ct. App. 2008)].
A dealer on a riverboat casino filed a Jones Act claim, contending that she sustained repeated flea bites while working on defendant's gambling casino riverboat, that she was required to take large doses of steroids for the flea bites, and that the steroids caused her to suffer a heart attack. At issue was whether the riverboat casino was a "vessel in navigation" for purposes of the Jones Act. ( (WCxKit)
The dealer contended that the riverboat casino was, in fact, a vessel in navigation, pointing out that it was registered with and regularly inspected by the United States Coast Guard, and had its own engines and machinery, as well as navigation, lifesaving, and firefighting equipment. As noted, the court disagreed. See
Larson’s Workers Compensation Law Ch. 146, § 146.02[2][b] n.16. Visit the Workers Comp Law Community at LexisNexis: http://www.lexisnexis.com/community/workerscompensationlaw/
Copyright 2010 LexisNexis. All rights reserved. This material is excerpted from Larson’s Workers Compensation Law. Reprinted with permission.
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.
Construction workers across the Borders are being urged to pick up lifesaving advice at a forthcoming event on September 29, 2010.
The free event taking place at Borders Union Showground aims to reduce the number of injuries and fatalities occurring in Scotland each year in the construction industry, as well as the number of people suffering from work-related ill health.
The event offers practical information to employers and those who are self employed on how to deal with some of the most common hazards on small construction sites. (WCxKit)
Figures from Health and Safety Executive (HSE) shows that over the last five years, 49 construction workers were killed and nearly 7,000 were seriously injured in Scotland.
The half-day event is aimed particularly at small to medium sized companies as figures show three quarters of all workers killed or injured on building sites worked for companies employing fewer than 15 people.
Around 150 people are expected to attend on. The event features presentations from industry experts on a variety of hazards including asbestos awareness, working at height, safe trench work and fire safety.
The special training event was organized as part of the Working Well Together initiative – a partnership between HSE and the construction industry – aiming to improve health and safety in the sector.
As well as practical demonstrations and presentations, visitors can pick up one-on-one advice from HSE staff and representatives from the Working Well Together (WWT) Campaign throughout the day.
HSE Principal Inspector Iain Brodie noted, "Accidents on construction sites are often serious and can be fatal − it remains one of the most dangerous industries. It is vital that managers and company owners understand how to reduce risks on their sites. (WCxKit)
This free event will provide essential information and advice that could help save lives, so I urge local construction businesses to attend."
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing.
Contact: RShafer@ReduceYourWorkersComp.com or 860-553-6604.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
A new workers compensation claim form will take effect starting Oct. 1, in Western Australia.
Effective October 1, a new workers compensation claims form, developed in conjunction with representatives from worker, employer, insurer and health provider groups is unveiled by WorkCover WA. (WCxKit)
Improvements to the form include:
1. Targeted information about the claims process and entitlements.
2. Color-coding and checklists which make the form easier to complete.
3. Date fields that will more accurately track delays in form lodgment.
4. Interactive fields which make it easier to complete online and then download.
WorkCover WA CEO Michelle Reynolds stressed the process and timeframes for making a workers compensation claim in WA have not changed. "The new date fields mean that WorkCover WA can more accurately measure where delays are occurring in the lodging of claims," said Reynolds. (WCxKit)
"The claim form now tracks the date the employer received the form from the injured worker, and the date the employer sent the form to their insurer, so we can determine whether timeframes are being met. If delays are occurring, we can determine where and respond accordingly,” Reynolds added.
A two-month transitional period will commence on Oct. 1, during which time the current form will be phased out.
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: RShafer@ReduceYourWorkersComp.com.
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.
Hyundai Ideal Electric Company located in Mansfield, Ohio, violated federal laws by paying a female employee less than a male employee for performing equal work and then firing her after she complained about the disparity, the EEOC charged in a lawsuit.
According the suit filed in U.S. District Court for the Northern District of Ohio, Eastern Division (Case: 1:10-cv-01882), Tabatha Wagner, an experienced female drafter, began her employment with the company in August 1, 2007, in the position of Design Drafter and was paid a salary less than a similarly situated male hired only months later. The lawsuit states when Wagner learned of the disparity she complained to Jon Shearer, the company’s Human Resources Manger on November. 11, 2008. He subsequently terminated her employment on the next day, November 12, 2008. (WCxKit)
The EEOC filed its lawsuit after first attempting to reach a voluntary settlement. The EEOC seeks monetary relief, an order requiring the company to implement new policies and practices to prevent discrimination, training on anti-discrimination laws, posting of notices at the worksite, and other injunctive relief.
Debra Lawrence, regional attorney for the Philadelphia District stated, “This case is an example that the wage gap is alive and well in America, with the typical full-time female worker making 77 cents for every dollar earned by her male counterpart. Employers should take note that the EEOC will not tolerate discriminatory pay practices.” (WCxKit)
Over the last three fiscal years, the EEOC has seen a 30% increase in charges of wage discrimination based on gender. Through the administrative enforcement process alone, the EEOC obtained about $19 million in relief for victims of wage discrimination in FY 2009.
The Commission is currently litigating 14 cases that include allegations of gender-based wage discrimination.
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing.
Contact: RShafer@ReduceYourWorkersComp.com or 860-553-6604.
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.
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