Business groups have taken out newspaper ads backing Australian Prime Minister Julia Gillard in her fight with the New South Wales government over workplace safety laws.
The advertisement, funded by five different groups, says the business community is appalled by NSW Premier Kristina Keneally's plan to renege on a deal to implement uniform national laws on occupational health and safety. (WCxKit)
Last year all states except Western Australia agreed to implement the laws in a part of a program to reduce the costs for businesses operating in different states.
While the changes are expected to save business $179 million a year, the NSW cabinet decided recently to scrap its commitment, putting at risk $144m in commonwealth incentive payments tied to the reform.
Keneally reportedly wants to retain aspects of NSW OH&S laws that allow unions to initiate negligence prosecutions against employers and start from the assumption that an employer is guilty and must prove his or her innocence.
With Keneally and the Prime Minister at disagreement over the matter for the past several days, the group of businesses — including the Australian Industry Group, the Australian Constructors Association, the Business Council of Australia, the Australian Chamber of Commerce and Industry and the Australian Federation of Employers and Industries — has funded advertisements in editions of The Australian and Sydney's The Daily Telegraph.
"We are on the verge of a once-in-a-generation opportunity to end frustration for businesses across the country and to allow companies to concentrate on safety outcomes rather than drowning under legal opinion,"' the advertisement says. "Industry is profoundly frustrated by having nine different sets of safety laws and regulations around Australia."
The employers demand NSW recommits to the reforms and also reject Keneally's claim that her state's laws provide the safest workplaces in the nation. (WCxKit)
"Victoria, which was used as the model for the new national laws and which does not have union prosecutions or reverse onus, has between 30 percent and 50 percent better safety outcomes than NSW depending on the measurement used," according to the advertisement.
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.
©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 Merrillville, Ind., plastics product manufacturer will pay $170,000 to settle a gender discrimination lawsuit brought by the EEOC, the agency announced.
The EEOC charged in its suit (Case no. 2:09-CV-0141 in U.S. District Court for the Northern District of Indiana, Hammond Division) that Polycon Industries violated federal law by refusing to promote female employees into its higher-paying production positions. (WCxKit)
The EEOC also charged that Polycon further violated the law by considering gender when placing new hires into entry-level positions, to the detriment of female new hires, who are overwhelmingly placed into lower-paying entry-level jobs.
In addition to the monetary settlement, the consent decree requires Polycon to affirmatively take action to place new hires and promote females in a non-discriminatory manner, comply with prohibitions against further discrimination, post and distribute a policy of non-discrimination, train its employees and report to the EEOC. (WCxKit)
“Despite the Commission’s 45-year existence, some employers still make the mistake of basing job placement decisions on gender,” said EEOC Regional Attorney Laurie Young. “ This settlement will send a message to all employers that labeling jobs as ‘male’ or ‘female’ will not be tolerated and the EEOC will take all necessary steps to prevent this sort of gender stereotyping and ensure compliance with equal employment opportunity laws.”
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.
FREE TOOLS
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 very recent New York decision, 2010 NY Slip Op 07295 (10/14/10), demonstrates the consequences for the employer when an outsider traumatizes an employee. Since the employee was left permanently totally disabled, the names of the parties are omitted in this article.
An employee at a gas station was cooperating with the police in a crime report. The police left but one returned when it was discovered that a police flashlight was missing. The employee was accused of having it. The flashlight was discovered in the police vehicle next to a seat. An officer continued the confrontation even after the flashlight was located and the employee was arrested and handcuffed. (WCxKit)
The employee, over age 50, began to experience severe stress symptoms after the arrest. Eventually, the employee was found to be permanently totally disabled by the WCB.
The employee brought a suit against the police and recovered a substantial amount, which was deducted from the future comp payments, but the employer still has substantial future liability.
The result seems extreme and bizarre. Admittedly, such an incident is stressful – but permanent total disability? And why is the employer, otherwise blameless, at risk for the entire award – minus the tort settlement?
First, people react differently to extreme stress and some, as in this case, will become permanently disabled. Second, the incident was without question work related. The employer was fortunate in that the outside force was held liable for most of the damage. (Armed robberies often result in such stress with little or no chance of recovering anything from the criminal.)
An employer cannot be cautioned to avoid hiring person at risk for extreme stress related disability. It is entirely unpredictable who will react and how they will recover. An employer is advised to provide emotional and financial support, through short-term and long-term disability, a group medical plan and assistance in filing for SSDB, while a comp claim runs its course through the system.
Early emotional, medical and financial support will greatly lessen the chances of permanent disability. The plans making payments until the comp claim is resolved will be reimbursed by the comp carrier. (WCxKit)
Friction causes overheating and failure. Coordinating delivery of benefits reduces friction – and failure.
Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, New York. 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. Contact Attorney Ronca at 631-722-2100.
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.
More than 500 businesses in Bradford, Calderdale, Kirklees and Wakefield (Great Britain) will be the focus of an intensive two-week safety push when the Health and Safety Executive joins forces with local councils to carry out a hazard health check. (WCxKit)
Twenty-four workers were fatally injured at work and 2,840 received major injuries in the Yorkshire & Humber region during 2008/09, and from Monday, October 4 HSE and local authority inspectors will be visiting businesses to see first-hand what health and safety practices are in place to protect employees and to ensure that relevant legislation is being followed. (WCxKit)
Included in the target areas are key industrial and commercial business parks and sites including converted mills involving firms employing any number from a handful to hundreds of workers.
John Rowe, a principal inspector for the Health and Safety Executive, noted, "This targeted inspection campaign involves HSE and local councils working together to really make a difference. Companies will be given the support and advice they need to turn their workplaces into safer, healthier working environments for the benefit of their employees and members if the public. However, we won't hesitate to take enforcement action should we come across any significant safety breaches putting people at real risk."
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.
A new study published online in the Occupational and Environmental Health found that healthcare workers who are exposed to physical violence at work experience significantly more often low back pain and other musculoskeletal symptoms.
Many studies have shown a high prevalence of musculoskeletal disorders among healthcare workers, and also the rates of disability pensions due to these disorders are among e.g., nursing aides above the average. Commonly reported exposures in healthcare work are lifting and high work speed. Healthcare workers also often experience physical violence in their work and it is known to cause various health problems, including anxiety, depressiveness, fatigue and headache. Its effects on musculoskeletal symptoms have however rarely been investigated. (WCxKit)
According to a new study among 920 clinical nursing home workers in the U.S., almost one-half of the workers had been physically assaulted at work at least once during the preceding 3 months by a resident or resident’s visitor. The risk of musculoskeletal symptoms increased with the number of assaults.
Those assaulted 3 times or more during the preceding 3 months had more than 1.5 times higher risk of low back pain and more than 2 times higher risk of upper extremity pain compared to those who had not experienced violence at work. Moreover, the risk of multi site pain (pain at several body areas concurrently) remained 3-fold after other work-related and individual factors were controlled for.
"Such a strong association cannot only be explained by physical injuries. Workplace violence is a considerable stress factor which can induce, reinforce and prolong pain symptoms. Only recurring fear or threat of violent assaults is enough to produce pain like symptoms", says Dr.Helena Miranda from the Finnish Institute of Occupational Health who participated in the American study. (WCxKit)
The study also showed that good safety climate reduced the consequences of violence. In those workplaces, where management considers workplace health and safety to be important and where staffing is adequate, the association between workplace violence and pain was weaker or was no longer observed. Hence, good safety management buffers the effects of physical assaults.
Miranda says that workplace violence in health care has increased globally, also in Finland. This has induced a public discussion about an 'epidemic' of violence against healthcare workers. "Management needs to take workplace violence seriously and act early and effectively. It is worrying that some nursing staff members do not report workplace assaults officially since they think "it is just a part of their job". Being assaulted at work should not be a part of anyone's job. The detrimental effects of workplace violence of the physical and mental health are so noticeable."
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.
©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.
As an employer you often hear the recommendation “stay involved in your workers compensation claims.” That is great advice, but way too often it’s where the discussion ends without any explanation as to what “staying involved” means. (WCxKit)
The employer's involvement in the workers comp claim begins before the injury occurs and ends when the employee is back at work, fully recovered from the injury. Let's first look at four phases of employer's involvement in the workers comp claim, then we will look at what the employer cannot do in regards to the workers comp claims. The four phases are:
1. Pre-injury process
2. The injury occurrence
3. The claim process
4. The claim settlement
I. Pre-injury
If you have employees, sooner or later an employee is injured on the job. The following are some suggestions about what you can do prior to the injury occurring that will impact on the outcome of the workers comp claim.
1. Provide each new hire with an employee accident brochure outlining what the employee should do in case of an accidental injury.
2. Have a written transitional duty policy.
3. Provide each supervisor within the company a written guide on how they are to report and be involved in workers comp claims.
4. Post the injury procedure policy where all employees will see it.
5. Have a published returned to work policy.
6. Have a strong safety program and tie the manager's performance evaluation, raise, bonus or promotion to his or her safety record.
7. Award each month (or quarter) the department with the best safety record with recognition and prizes to the employees.
8. Have a medical provider network in place through your insurance company or join a medical provider network for self-insureds.
9. Prevent fraud by letting all employees know workers comp fraud takes money away from their raises and bonuses.
10. Put up posters reminding employee that workers comp fraud is a crime and will be fully prosecuted.
11. Post all the state required notices in a place convenient for all employees to see including workers comp laws, OSHA posters and anything else required in your state.
12 .Post a list of the required medical providers (where allowed by state statute) or recommended medical facilities (in the states where the employee is allowed to select their own doctor).
II. The Injury Occurrence
Even companies with the strongest safety programs will have some workers comp claims. When an injury occurs, the immediate actions taken by the employee's supervisor or co-workers have an impact on the outcome of the claim. The employer must require a tight injury process, including:
1. Obtain immediate medical assistance for the employee – send the employee to designated doctor or medical facility if statute permits
2. Do not permit employee's with minor injuries or soft-tissue strains to wait to obtain medical assistance – most will end up going to the unapproved hospital emergency room or their own doctor
3. While the employee is in-route to the treating physician, advise the treating physician of any temporary jobs you can offer during recovery (WCxKit)
4. Advise the treating physician of modifications you can make to the existing job to accommodate the any work restrictions the physician gives the employee
5. Have a goal of returning to work all employees within 1 to 3 days after the injury unless they are medically unable to perform any role for the employer
III. The Claim Process
Too many employers allow their involvement in the workers comp claim to end when the send the employee to the doctor. That is a bad mistake and will result in a steady increase in the amount of workers comp insurance premiums. The employer needs to have an established post injury process. It should include:
1. Report the claim to the insurer, third party administrator or self-insured claims office immediately. The supervisor or your workers comp claims coordinator should be reporting the claim to the claims office while the employee is still enroute to the medical provider.
2. Complete the Employer's First Report of Injury and any other state required paperwork on the claim. If the injury is severe and the employee will be unable to return to work within the waiting period, provide the claims office with necessary wage information for the calculation of indemnity benefits.
3. Advise the claims office of the claimant's prior history of workers comp claims. The adjuster's approach to the claim varies significantly between the employee who never had a prior workers comp claim and the employee who has had 15 workers comp claims in the last ten years.
4. Review your transitional duty program and find a job the employee can do within the treating physicians restrictions.
5. Be sure the employee's supervisor (and co-workers if needed) are available to discuss the accident and injury with the claims adjuster and to assist the adjuster with the claims investigation as needed.
6. Don't alienate the employee – show empathy to the employee. When employees feel the company does not care about them and their injury and the company owes them, the claim will get ugly when employees feel it is time to stick it to the employer.
7. Maintain an open dialogue – call the employee at home to show your concern and to offer assistance on processing the workers comp claim with the insurance company. Address any employee problems or issues right away. Also, call the employee on a regular basis until s/he is back at work.
8. If you are contacted by an attorney representing the employee, notify the claims adjuster immediately.
9. Immediately dispute any invalid or fraudulent claim.
10. If the employee has a questionable claim, or a subjective claim for neck or back injuries, and immediately goes to the television advertising workers comp attorney, or a plaintiff's attorney-oriented doctor known for excessive disability ratings, advise the employee immediately that you intend to fight the claim as the attorney and/or doctor has a history of inflated claims
11. Monitor the state filings by the adjuster and any other claim related paperwork
12. Monitor the Workers Compensation Board decisions – that means, reading them carefully, not just filing them away. Be ready to protest any finding or order you feel is unfair to you as the employer as all decisions have time limits for disputing the decision, with some time limits as short as 15 days.
13. Monitor the medical progress reports to be sure the treatment is appropriate – for example – no physical therapy for the low back when the injury is a cut finger.
14. Always advise the adjuster when the employee returns to work – the same day.
IV .The Claim Settlement
Normally, it is up to the adjuster to negotiate the settlement of the workers comp claim. However, there will be occasions when the employer needs to be involved in the settlement discussions. This would include:
1. Attending depositions and hearings.
2. Attending the settlement conference (with settlement authority if you are self-insured).
3. Working with the vocational rehabilitation specialist to accommodate the employee's return to work if there are any ADA concerns.
4. Providing rehabilitation training if necessary.
V. What You Cannot Do Occasionally employers go overboard in their efforts to control the cost of workers comp claims. There are some actions you cannot do including:
1. Going without workers compensation insurance. This is a criminal offense in most states, you will pay fines, you will pay the claim out of company funds and you could end up paying your own cost to defend a lawsuit from the injured employee.
2. You cannot terminate the employee for filing a workers comp claim.
3. You cannot refuse to hire an employee solely because of prior workers comp claim history (unless the prior injury(s) makes it impossible for the employee to do the job under consideration).
4. You cannot charge an employee with any part of the workers comp premium.
5. You cannot pay the small claims out of company funds and not report them to the workers comp insurer.(WCxKit)
By staying involved in the workers comp claim from before the claim happens to the time the claim is concluded, you will have a strong, positive impact on the cost of your workers compensation insurance. If you have any questions about handling your workers comp claims, please contact us.
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.
©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.
Risk managers often work on disaster planning and have a detailed plan on what to do if a man-made disaster like September 11, 2001, or a natural disaster like hurricane Katrina was to occur. But an area that is often overlooked by the risk manager is often right under their nose. What would they do if a disaster was to strike their workers compensation claims office?
Every risk manager and every claims department needs to have a contingency plan on how to handle the workers compensation program if a disaster was to strike the claims office. If you look on the internet, you can find excellent disaster planning programs for business in general, but not a single disaster kit for workers' compensation. (WCxKit)
We will attempt to list some of the planning you need to do to protect your workers' compensation program from the disaster that strikes your business. In your workers compensation disaster kit you should have:
1. A plan to obtain emergency medical care for all employee injured while working when the disaster occurs. This should include not only ambulance transportation, but also means of transport if the ambulance service is overwhelmed. The emergency medical care should be at the nearest medical facility if possible, but if the nearest medical facility is destroyed, alternative medical facilities further away should be identified in your emergency plan. [All states provide workers compensation coverage for employees injured or killed while working when a disaster strikes.]
2. A daily computer backup of all claims activity. This backup program should be stored at a different location than your claims office. Preferably, the backup of the claims documentation should be stored in a different area of the country in case your city is struck by a pandemic, an earthquake, hurricane or other wide spread disaster.
3. Prior to the disaster, all the claim adjusters, support staff and other employees should know what the disaster plan is and what they are to do in the event a disaster strikes the claims office.
4. An adjuster and claim staff contact list of cell phone numbers and home telephone numbers should be in your work comp disaster kit.
5. An emergency list of contact numbers for family members or other designated emergency contacts should be available in case of injury to employees or if the employees are unable to leave the office due to structural damage to the building or roadways.
6. A vendor contact list for the IT supplier, attorneys, medical providers, nurse case managers, surveillance companies, vocational rehabilitation counselors and any other vendors used on a regular basis. As the vendor's office may also be damaged in the disaster, you need the cell phone numbers for the vendors in your work comp disaster kit.
7. A plan on how to notify all employee/claimants of the disaster and to provide them with an alternative telephone number to contact.
8. A contact list for the insurance broker, the insurance carrier, the excess insurance carrier, the third party administrator, and the state Workers Compensation Board.
9. A list of contact numbers for other divisions or departments within your company that are not located in the same geographical area as your office.
10. A predetermined location, either temporary or permanent, to reestablish the claims office or risk management office.
11. A plan on transferring the work comp claims to another claims office if your company is large enough to have two or more claims offices.
12. A plan to obtain office supplies and the necessary desk, chairs, computers, copiers and other equipment to furnish your replacement claims office location.
13. A plan to obtain all the necessary forms for the state Workers' Compensation Board.
14. While many disasters strike without warning, some disasters like hurricanes and floods give your company a window of opportunity to do an emergency relocation of your staff. Have a plan for this.
15. If the disaster comes without warning, have a plan for temporary adjuster staffing at the replacement office location. (WCxKit)
16. As the disaster will probably have the telephones out of order, have an emergency phone message ready for the telephone company to use with your telephone number until your phone service is restored.
17. A plan to insure the security of the claims information when it is transferred to your replacement location.
By planning ahead a disaster that strikes your physical location will not turn into a disaster that causes the values of the work comp claims to explode. By being ready for a disaster, you can maintain control over your workers compensation.
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.
©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.
When an employee reaches maximum medical improvement (MMI) but still has medical issues from his/her on the job injury or occupational disease, the employee will normally be eligible for permanent disability benefits. Most of the states recognize two types of permanent disability benefits. While the names vary by state, the most common used names are:
1. Permanent partial disability (PPD)
2. Permanent total disability (PTD)
Independent Medical Evaluation:
In most jurisdictions when the treating physician states the employee has reached MMI, the workers compensation adjuster reviews the medical report and evaluates the disability rating assigned by the treating physician. If the disability rating is high, or if the adjuster has any reason to suspect it is not correct (for example – the treating physician has a history of providing high disability ratings), the adjuster will request an independent medical evaluation (IME) [also known as an independent medical examination]. The IME doctor reviews the medical records and performs an examination of the employee. The IME doctor then provides a disability rating based upon the results of the examination. (WCxKit)
Employment:
If the medical providers – the treating physician and the IME doctor – agree the employee has recovered enough to return to some type of employment, but will always be partially disabled, the employee is classified as PPD and will be paid PPD benefits per the state statutes. If the medical providers both agree the employee is unable to return to any type of employment, the employee will be considered PTD and will be paid PTD benefits per the limitations in the state workers comp statutes.
Permanent Partial Disability:
PPD benefits are paid to employees who have a permanent physical impairment but can return to some type of work. The amount of PPD benefits can be either a percentage of a body part, a percentage of the body as a whole, or a set scheduled amount. The calculation of the benefit amount will depend on which of these three types of ratings is given.
When a percentage of a body part or a percentage of the whole body is used by the physicians to give their opinion of the disability rating, in most jurisdictions they use the American Medical Association (AMA) Guide to the Evaluation of Permanent Impairment. The physician will review the employee's disability and compare it to the description provided in the AMA Guide. An example – the physician following the AMA Guide determines the employee has a 15% loss of use of a leg. [When the employee is given any rating to a body part, as opposed to a whole body rating, the employee will be classified as permanent partial disabled.]
The adjuster will then take the disability rating for the leg and multiply it by the number of weeks the state statutes allow for a leg. If the state law states a leg is worth 200 weeks, a 15% rating for the leg would equal 30 weeks (200 X .15). The adjuster would then multiply the number of weeks by the PPD compensation rate. (Most states set the PPD compensation rate at the same level as they set the temporary total disability rate paid to the employee before the employee reached MMI). If the PPD rate is $500, then the amount paid for PPD would equal $15,000 ($500 x 30).
In about 40 states, the statutes have a schedule for the lost of a body part. Examples of body parts listed on the state schedule would include an eye, an ear (hearing), a finger, a hand, an arm, a toe, a foot and a leg. The complete loss of the body part is still considered as PPD as the employee will still be able to return to some type of employment. An example would be the complete loss of a finger. Per the state schedule the finger is worth 10 weeks. With the PPD rate of $500, the PPD benefit paid to the employee would be $5,000 (10 x $500).
Permanent Total Disability:
When the treating physician and the IME doctor agree the employee will never be able to return to any type of employment, the employee is given a disability rating of 100%. With a 100% whole body disability rating, a PTD rating is almost automatic. (WCxKit)
The adjuster will take the 100% disability rating for the whole body and multiply it by the number of weeks the state statutes allow for whole body. If the statutes states the whole body is worth 400 weeks, a 100% rating equals 400 weeks. The adjuster would then multiply the number of weeks by the PTD compensation rate. (Most states set the PTD compensation rate at the same level as they set the temporary total disability rate paid to the employee before the employee reached MMI, but some states have a lower PTD rate then the rate for temporary disability). If the PTD rate is $500, then the amount paid for PTD would equal $200,000 ($500 x 400). [It should be noted that some states do not put a cap on the maximum number of weeks a PTD person may receive. The employees in those states receive their disability payments for life].
It is not unusual for the treating physician to give a higher rating than the IME doctor (especially in states where the employee selects the treating physician). If the treating physician rates the employee as 100% disabled, but the IME doctor (reviewing the same medical records and AMA Guide) rates the employee at 60% disabled, it becomes a question for the Workers Compensation Board (also known as the Industrial Commission in some states) to determine whether or not the employee is PTD. The Workers Comp Board will often have a doctor they select examine the employee and give a third opinion as to the level of disability before making a final decision.
Another area where disagreement arises about PTD is when the employee has suffered severe injuries and is unable to return to work for your company, but is not classified by the doctors as 100% disabled. A number of issues will come into play in determining PTD. The nature and degree of physical impairment, the educational level of the employee, the age of the employee, the ability of the employee to be retrained for other suitable work, and the availability of suitable work, are all factors in a determination of PTD.
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
©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.
I am a big fan of return to work in alternate situations when no on-site opportunites are available, so I would like to share information about a formalized way to develop a not-for-profit return to work program. In addition to workers being more productive and healing faster, I have had several instances where employees continue to work in the volunteer positions long after they have returned to their original job. They remain, because they find they enjoy their volunteer positions and like making a contribution to their communities.
Work is therapeutic. It keeps people active, engaged and moving. For your injured employees, work serves as an effective tool to expedite a more sustained return to work. Employers have discovered using a worker on loan program facilitates a smooth transitional duty assignment to help:
1. Employees continue their recovery.
2. Shorten claim durations.
3. Return the worker to productivity.
Returning workers to employment as quickly as possible is a proven and effective strategy for accelerating recovery. A worker on loan program is a solution for employers unable to create meaningful transitional duty assignments for an individual. Through partnerships with local nonprofit organizations, a controlled setting is created for recovering employees that can effectively combat the long-term injury syndrome. (WCxKit)
Nonprofits participating in a worker on loan program provide positions for the employee, while the employer continues to pay wages or workers compensation benefits. The tasks and schedules are designed to work within the employees’ limitations as prescribed by the treating provider. The transitional duty assignment works toward:
1. An assessment of functionality.
2. Improved progress in vocational rehabilitation.
3. The appropriate release from provider care.
4. The employee reaching a functionality that can be accommodated by their employer.
These program consistently show positive results, with approximately 80% of participants returning to full duty sooner than anticipated due to the physical and mental benefits provided by transitional work.
Everyone Benefits:
1. Local nonprofit organizations receive much needed assistance.
2. Employees continue to earn wages or receive benefits while contributing to their own recovery.
3. Employers obtain a means to advance return to work.
4. Employers generate good will within their local community. (WCxKit)
5. Overall loss costs including medical can be reduced due to the expedited recovery.
Extracted with Permission: WORKER ON LOAN (trademark SM)
©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.
The province of Alberta has made good its promise to post the safety records of companies online but won't earmark which employers have bad records of worksite fatalities and injuries.
Employment Minister Tomas Lukaszuk states Albertans have a right to know the injury record of their employer. He says the Web site lists figures for accepted lost-time claims, claim rates and fatalities for 140,000 employers insured by the Workers Compensation Board. But it's up to individuals to check with companies for more detailed information.
Lukaszuk says it would be too subjective for his department to highlight companies with unusually poor safety records. There were 110 job-related fatalities last year in Alberta.
The online publication of time lost statistics was just one element of a tiered plan laid out by Lukaszuk for making the Occupational Health and Safety program more transparent. (WCxKit)
Other initiatives include:
1. Stopping the province’s Best Safety Performer Awards — Lukaszuk said the program would only be re-started when he is certain “deserving companies” are on the reciveving end.
2. Hiring eight new Occupational Health and Safety officers, and updating the chain of command for the province’s safety compliance and enforcement procedures.
3. Launching a pilot program to inspect workplaces on evenings and weekends.
4. Reviewing the direction of Work Safe Alberta during a November forum.
5. Revising the Certificates of Recognition program, that allows employers rebates on their Workers Comp Board premiums if they are committed to ongoing improvements.
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 .
©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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