You have implemented a corporate return-to-work program but your projected workers compensation savings haven’t yet materialized. Supervisors are telling you they can’t get employees back to work, and even if they could they don't WANT them to return to work. We've all heard it.
It may be time to examine the impact of collateral resources, often resulting in employees out on workers compensation receiving more income and benefits than they would have if they were working.
Here are some common disincentives for the injured not returning to work:
1. Salary and Wage Continuation: Some companies pay 100% of salary in lieu of having an employee collect workers compensation for injuries of short duration. (WCxKit)
2. Occupational Injury Pay Supplements: Many firms pay supplemental benefits to make up the difference between workers compensation benefits and regular earnings.
3. Open-Ended Job Return: Instead of holding jobs open indefinitely, employers should hold jobs open for a specific time period, such as six or nine months.
4. Vacation and Sick Time: Companies frequently allow vacation and sick time to accrue for employees on workers compensation. Some even allow employees to “borrow” more sick time if they need to stay out of work longer.
5. Short-Term Disability: In some companies, disabled employees receive STD benefits in lieu of salary after six weeks. But the standard definition for disability may differ from workers comp, allowing an employee to collect both.
6. Perk Continuation: Employers often maintain ancillary benefits and privileges such as car allowances, club and professional dues, company store privileges and periodical subscriptions for employees on disability.
7. Loan Protection Policies: Individual insurance policies are available to pay mortgages and consumer loans such as car loans and credit card debts in the case of a disability.
8. Unemployment Compensation: In a few states, an employee receiving workers comp also can qualify for state unemployment benefits.
9. Pension and Retirement Plans: If these plans do not allow for offset of workers comp benefits, an employee can receive workers compensation benefits and a full pension.
10. Product Liability Actions: An employee can file and action against the manufacturer of a product that injured him to collect damages. The employer should seek reimbursement for workers comp payment from any such settlement.
If you ask these three following questions, you can eliminate all ten of the above disincentives.
1. What Benefits are Injured Workers Getting By Not Working?
Many companies fail to look closely enough at their internal wage and benefits structure before embarking on programs to reduce workers compensation costs. There are numerous collateral income benefits and sources providing built-in disincentives to remaining injury-free or returning to work as soon as possible.
For example, a major newspaper was considering an expensive incentive program to motivate employees to return to work, but a careful examination of the company’s situation revealed the reason employees were not returning to work was because they earned the equivalent of 115% of their pre-injury earnings when the stayed out of work.
In another case, an injured construction company employee received long-term disability (LTD) payments after 26 weeks of disability, in addition to workers compensation benefits. The total of these benefits exceeded his pre-injury earnings.
And, his childcare and commuting expenses also were greatly reduced while he was home.
2. Examine Extra Insurance your Employee May Have.
If an employee has purchased credit disability insurance, he or she may have eliminated house and car payments while being unable to work.
As such, he refused his employer’s offer of a transitional duty job at full salary because his LTD and credit disability policies would have terminated the benefits.
3. Get your Departments to Work Together to Design WC Policies.
In a large company, the directors of human resources, industrial relations, workers comp and employee benefits and compensation must all be involved in designing, administering and maintaining policies.
Incentives to remain at and return to work must be built into the management systems. Disincentives must be removed from all direct and indirect sources.
Substantial savings can be achieved when a company coordinates its salary, benefits and compensation programs so employees dont earn more by staying out of work.(WCxKit)
If not properly coordinated, a company’s employee benefit and compensation programs may inadvertently serve to extend workers compensation absences.
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. See www.LowerWC.com for more information. 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.
Updated advice has been issued for outdoor workers in New Zealand with specific information on how to protect themselves from ultraviolet (UV) light, in time for the height of the summer.
The fact sheet sets out simple steps workers can take to protect themselves from UV rays and it also provides information about health monitoring for employers and their staff.
(WCxKit)
“New Zealand has one of the highest rates of melanoma in the world and people who work outdoors have a high risk of developing skin cancers,” said Dr Geraint Emrys, the Departments Chief Adviser Health and Safety.
“This information provides advice on how to identify the different forms of skin cancer and how to look for early warning signs of an unusual growth.
“As we all know the greatest risk of being harmed takes place during late morning and early afternoon in the summer months – a time when many outdoor workers are at their busiest.”
As well as taking steps to protect themselves, outdoor workers are advised to make a conscious effort to monitor their health and their skin every few months. More than 90 percent of cases of skin cancer can be cured if the disease is caught early. (WCxKit)
“
Employers have a responsibility to take all practicable steps to protect their employees – this means they should be reminding their workers who spend long periods outside about sun protection,” Emrys added.
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. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2011 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 whistleblower investigation by OSHA reports that the Metro North Commuter Railroad Co. brought disciplinary charges against an employee in the railroad's New Haven, Conn., rail yard who filed a whistleblower complaint with the agency.
OSHA has ordered the railroad, which provides commuter rail service in Connecticut, New York, and
New Jersey, to take corrective action and pay the worker $80,500 in punitive damages and attorneys fees. (WCxKit)
"Taking repeated disciplinary action against an employee who exercised his legal right to report an on-the-job injury and voiced a complaint about retaliatory treatment by his employer is unconscionable," said Marthe Kent, OSHAs New England regional administrator, located in Boston. "Such treatment instills a culture of silence in which hazardous conditions are masked because employees will be fearful of reporting them."
The employee faced disciplinary action from Metro North after he filed a whistleblower complaint with OSHA in November 2008 that alleged retaliation related to his earlier reporting of a workplace injury. OSHAs investigation, conducted under the whistleblower provisions of the Federal Railroad Safety Act, found merit to the complaint.
As a result, OSHA has ordered Metro North to take corrective actions, including expunging disciplinary actions and references to the worker from various records, reimbursing the worker a total of $5,500 in attorneys fees, and paying him punitive damages in the amount of $75,000. (WCxKit)
In addition, the railroad must provide its employees with information about their whistleblower rights and their right to report on-the-job injuries.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
No Compensation For Mental Injury Caused by Student's Practical Joke. In Delrie v. Peabody Magnet High School, 2010 La. App. LEXIS 837, a Louisiana appellate court affirmed a decision by the state's Office of Workers' Compensation which found in favor of the employer and dismissed the claim of a high school teacher who claimed to have sustained a compensable mental injury when a student, as a practical joke, entered her room, claiming that people were shooting inside the school. [See Ch. 56, § 56.04[2] n22.1]
Bank Employee Awarded Benefits for Mental Injury Following Robbery. An Ohio bank employee, who was present at the time of an armed robbery, who did not sustain any physical injury as a result of the incident, but who claimed psychological injuries resulting from witnessing a police officer being shot to death, may recover workers' compensation benefits in spite of the restrictive rule in Ohio regarding mental injuries, indicated an Ohio appellate court. [See Rader v. Fifth Third Bancorp, 2010 Ohio 1327, 2010 Ohio App. LEXIS 1110; Ch. 56, § 56.04[1] n19
Copyright 2011 LexisNexis. All rights reserved. This material is excerpted from Larson’s Workers Compensation Law. Reprinted with permission.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
New Foundland’s Workplace Health, Safety and Compensation Commission, the United Steelworkers Union, the Baie Verte Peninsula Miners’ Action Committee and the SafetyNet Centre for Occupational Health and Safety Research of Memorial University, announced commencement of the final stage of the Baie Verte Miners’ Registry project.
The goal of the Registry is to collect data on the work history and health status of the former employees at the Baie Verte mine site in order to provide information related to asbestos exposure and its possible health impacts. (WCxKit)
Work on the Registry was suspended temporarily after the Commission and Central Health learned that researchers extracted data from a number of medical charts at the Baie Verte Health Centre without signed consent forms of the owners of the charts.
A review completed by Memorial University of Newfoundland confirmed that the neither the leadership of the research team nor its local employees violated any research ethics standards, nor that the data were kept confidential within the research team. No confidential work history or health information obtained without consent will be included in the Registry.
The partners in this project said they are committed to completing the Baie Verte Miners’ Registry early in 2011 for the benefit of the workers employed at the Baie Verte mine site, their families and the community. (WCxKit)
The registry approach to occupational disease is a first for Canada.
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.
Many companies use transitional work programs to return temporarily injured employees to the workforce in a limited capacity until they are physically able to resume their original, full-time duties.
This is a good idea because the longer an employee is out of work, the less likely they are to return EVER. (WCxKit)
No one is suggesting cheating employees out of benefits, rather, keep your company’s financial health and your employees’ mental health in mind.
Sitting around on a couch and receiving partial payment really isn’t good for anyone. Most people do better if they have a destination to go to each day.
Perhaps one department needs inventory taken, or another department requires a card filing system or someone to answer telephones. Companies can have recuperating employees perform these tasks, thus helping to boost productivity.
While employers have traditionally used transitional duty programs only for work injuries, many companies are adopting them for non-occupational injuries as well.
If an employee can come back at half-capacity or perform duties related to his or her job, though not the entire job, this benefits both the company and the employee.
Transitional work positions can be located in the same or a different department, or even in another company or operating division. Some employees perform transitional work program duties in the community as a volunteer in an employer-sponsored volunteer activity, or in a commercial vocational rehabilitation return-to-work center. In these instances, employers should provide transportation for the employee to the work facility to demonstrate continued involvement and concern for his or her recovery.
Forward-thinking companies may use transitional duty for maternity leave, bereavement, mental illness, addiction and some types of sick time. These companies are taking a comprehensive approach to “absence management.”
Transitional work programs have the advantage of allowing injured employees to regard themselves as “actively employed” and thus productive and valuable members of the workforce.
This is good for your employee.
When a worker is injured, the employer must maintain contact with the employee throughout the recovery period so he or she does not become “psychologically disemployed.” The phenomenon of “psychological disemployment” occurs when employees are away from the work environment for an extended period. During this period, employees begin to perceive themselves as having become “distanced” from the company — that is, the same company paying their workers compensation benefits.
These programs are also financially beneficial for the company because by keeping the employee at work, the employer realizes significant workers compensation cost reductions.
Transitional work programs also help decrease short- and long-term disability insurance or wage continuation costs for non-occupational injuries.
And although employees in a transitional work program assignment may be less than 100% productive, having an injured employee working part-time in a limited capacity is more cost-effective than having one who does not work at all.
Many companies, however, are reluctant to
initiate transitional work programs. Some employers believe worker unions will not accept these programs, or the programs themselves will not be time- or cost-effective.
But evidence proves transitional work programs can be very cost-effective.
A well-managed transitional work program can result in a return-to-work rate of up to 90% for injured employees returning to the job within four days after the injury.
Significantly shortened workers compensation claims in turn result in lowered indemnity costs as the companys workers compensation loss experiences shows overall improvement.
Concerns suggest the primary barriers to setting up transitional work programs are attitudinal in nature.(WCxKit)
Therefore, to implement successfully transitional work programs, risk managers must help convince their companies, company employees and treating physicians that transitional work programs are beneficial for all concerned.
You need transitional work duties available in your workers compensation program. Find out why #WorkersComp.
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. See www.LowerWC.com for more information. 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.
The federal Equal Employment Opportunity Commission (EEOC) reports that claims filed by employees against the employer have risen to 100,000 in 2010, up 20% in the past three years. Similar rises can be expected in comp claims and state discrimination statutes. (The NY work comp law has a discrimination section, Sect. 120, for discharging a worker in retaliation for filing a compensation claim.)
The numbers seem daunting but further analysis paints a different picture. First, 95% of the EEOC claims are dismissed, with only 5% (about 5000/yr) requiring further action. That means that an employer with 50 employees, statistically, would be faced with a successful EEOC claim once every 400 years. Of course, even a modest amount of care would reduce that to a claim every 4000 years. (WCxKit)
Nothing to worry about? Maybe, maybe not. Such claims are caused, for the most part, by job anxiety. Fears about future security cause people to over estimate the powers of discrimination statues. Unfortunately, the claims must be defended – which costs time, money and emotions. Furthermore, a person looking for an EEOC claim, after talking to a lawyer, may discover that they have unemployment and workers compensation claims instead. There are a growing variety of laws that can be invoked.
An employer wishing to reduce chances of claims, successful or unsuccessful, should realize that the employer has the advantage of being able to assemble an coordinate available information into a single defense package, for use in a variety of claims. However, that will happen only if the employer takes the initiative.
Lawyers in work comp are almost never involved directly in EEOC, OSHA and ERISA claims. Nor are they involved in UI and a variety of other possible claims related to disability. Similarly, the lawyers on the other claims prefer to have nothing to do with work comp. The employer, therefore, may be in possession of much valuable information but will miss opportunities if it is used piecemeal on a claim by claim basis. Always advise an attorney of all known prior claims and include documents.
Compensation claims are often filed after discrimination or unemployment claim fails. In such cases, the employer should retain all papers for the failed claims and immediately advise the carrier and the comp board of their existence, preferably by mailing a copy to the carrier and the comp board. Persons making afterthought claims seldom adhere to consistency and inconsistent statements can quickly dispose of many troublesome claims. (WCxKit)
At present, economic uncertainty will certainly, in the immediate future, result in a substantially increased number of “probing claims”, i.e., claims in which the applicant fishes for the possibility of an easy result. Meeting the probe with hard-copy facts, instead of bare denials, can settle matters before they grow.
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. Attorney Ronca can be reached at 631-722-2100.
FREE TOOLS
©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.
Normally, workers compensation is considered an exclusive remedy. The employee can not sue the employer and the employer can not deny a claim because of the negligence of the employee. In the monopolistic state of Ohio (meaning the state government is the provider of workers compensation, not private insurance companies) there is a unique law that allows the employee to make a claim directly against the employer for violation of specific safety requirements (VSSR).
Ohio state government, as the primarily insurer for workers compensation (Ohio does allow some large companies that have the financial resources to self insure) understands that safety rules and regulations prevent accidents. The Ohio Bureau of Workers Compensation and the Ohio Industrial Commission (two separate state agencies) promotes safe working conditions and provide hundreds of resources to Ohio employers on how to operate their business in a safe manner. It also awards employers with lower insurance premiums for having a good safety records. (WCxKit)
Ohio uses the carrot and stick approach to moving the donkey. If the carrot (lower insurance premiums) does not get the donkey (employer) to have a safe work place, there is the stick (VSSR Awards). Ohio employers are required to provide a safe workplace and to comply with the specific safety requirements set forth in the Ohio Administrative Code. The Ohio Administrative Code is too long to summarize adequately in this article, but it is somewhat similar to OSHA safety requirements. Much of the Ohio Administrative Code safety requirements are common sense – if you are high up on a scaffold you have protective railings, you don't operate cranes under high voltage lines, you wear a hardhat at construction sites, you have machine guards to keep hands out of the hydraulic press, etc.
If an employee believes his/her injury was due to the employers failure to comply with a specific safety requirement set forth in the Ohio Administrative Code, the employee may apply for a VSSR Award – an additional award of compensation over and above what the Ohio Bureau of Workers Compensation will pay in indemnity benefits. If the employee contributes to their own injury by not following the safety guidelines for their job, or if the employee failed to use the safety equipment provided by the employer, the employee is not eligible for a VSSR Award.
In Ohio, the maximum weekly temporary total wage loss benefit for the year 2010 is $775.00 per week and the maximum in 2011 will be $783.00 per week, with minimums of $258.33 in 2010 and $261.00 in 2011. The VSSR award will be no less than 15% and no more than 50% of the maximum weekly compensation rate. It is paid weekly over the life of the claim. [For example, the VSSR award is 50% of the $775 weekly temporary total benefit or $387.50 per week. The employee is off work for 20 weeks, the VSSR Award is $7,750 ($387.50 X 20). The stick – the employer must pay the award to the employee, not the Ohio Bureau of Workers Compensation.
But wait, it gets worse. The Industrial Commission can impose an additional penalty against the employer of up to $50,000.00 if the employer has had two or more safety violations in the preceding 24 months.
Fortunately, the employee can not just make an accusation of a violation of a specific safety requirement and get a VSSR Award. The employee or the employees attorney must file state form IC-8/9 with the Ohio Bureau of Workers Compensation within two years of the injury. The Industrial Commission will send a notice to the employer after it has received the application for a VSSR award. The employer is required to file an answer within 30 days of notification.
The Bureau of Workers Compensation has a safety violations investigation unit (SVIU) which will assign the investigation to an impartial investigator. The SVIU sends a request to the employer listing common information requested. The employee is required to provide the SVIU with the names of people who can provide additional information about the alleged safety violation. The SVIU investigator will do an inspection of the accident site, interviews with fellow employees and supervisors, obtain affidavits and any additional information relevant to the investigation. The investigator then files a report with Industrial Commission.
The Industrial Commission forward copies of the SVIU report to all parties of interest. Everyone has 30 days for any additional information or documentation anyone wants to submit. After the 30 days, a hearing is held where the employer and the employee meet to discuss a possible settlement. If the employer and employee agree on what the VSSR Award will be, the VSSR Award is paid by the employer. If the employer and employee can not agree, the Industrial Commission schedules a hearing at which the Industrial Commission renders a decision based on the merits of the case of what the VSSR Award will be, if any award. (WCxKit)
If you are an Ohio employer, now is a good time to review your safety program to be sure you are in compliance with all safety requirements for you industry. (Even if you are not an Ohio employer, now is a good time to be sure you are maximizing your safety procedures). Any employer who needs assistance with their safety program should 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.
©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.
Workers Compensation Laws change frequently. This is only a summary; a complete copy of the most up-to-date version can be found at: www.WorkCompResearch.com an excellent service.
Ohio has a very unique workers compensation system. It is a monopolistic state meaning the Ohio state government provides the workers compensation insurance through a state insurance fund. There are no private workers compensation insurance companies. Ohio does allow employers to self-insure their workers compensation coverage, if the employer has the financial resources to do so and is approved by the state for self-insurance.
Workers Compensation is handled by two state agencies. The Ohio Bureau of Workers Compensation (BWC) administers the insurance program. The BWC pays the medical bills and the indemnity payments. In the case of any dispute with the BWC, the dispute is referred to the Industrial Commission (IC). The IC is responsible for resolving all contested issues. (WCxKit)
In Ohio, every employer, including farm owners and operators, with one or more employees must have workers compensation insurance. It does not matter if the employee is full time or part time. It does not matter if the employee is a seasonal worker. Even family members who work for the small employer must be covered by workers compensation insurance. The only exception is the single domestic employee who makes less than $160 every 3 months.
In Ohio, independent contractors must carry their own workers compensation insurance. If an employer in Ohio hires an independent contractor, the employer should obtain a copy of the independent contractors Certificate of Premium Payment and verify the dates of coverage.
Claim Reporting:
The employee must file a claim within two years of the occurrence or knowledge of the injury or the occupational disease. Ohio has its own First Report of Injury form that is used to file the claim. The employer must report the claim to the BWC within 7 days of notice of the claim. A unique twist is the claim can also be reported to the BWC by the medical provider.
Medical Benefits:
All medical expenses are covered by Ohio workers compensation. The medical bills are paid directly to the medical provider as long as the medical provider has been certified by the BWC or the self-insured employer. The employee can select the medical provider of their choice, as long as the medical provider is a part of a managed care organization selected by the employer.
Temporary Total Disability (TTD) Benefits:
Another unique characteristic is the way TTD benefits are calculated. During the first 12 weeks of TTD, the employee is paid 72% of his/her gross wages. After 12 weeks, the percentage of TTD drops to two-thirds of the gross wage. The weekly maximum for 2010 is $775 and for 2011 the weekly maximum is $783. The weekly minimum TTD benefit is $258.33 in 2010 and $261.00 in 2011. TTD benefits are paid until:
1. the employee has returned to work
2. the employee has reached maximum medical improvement
3. employment is made available to the employee within the physical restrictions given by the MCO provider (think modified duty return to work)
4. the employees physician gives a written statement that the employee can return to work performing the same duties as prior to the injury
Wage Loss (WL) Benefits:
In other states this is known as temporary partial disability. If the employee is returned to work in a light duty capacity and is unable to perform the same duties as before, or is returned to work with reduced hours, WL is paid to offset a reduction in earnings as a result of the injury.
Permanent Partial Disability (PPD) Benefits:
The BWC uses a schedule of injuries to determine the amount of PPD benefits that will be paid for specific body parts like fingers, legs, eyes, etc. For non-scheduled injuries, payments are limited to one-third of the average weekly wage for a maximum duration of 200 weeks. There is a 26 week waiting period from the last payment of TTD before PPD benefits can start.
Permanent Total Disability (PTD) Benefits:
If the medical provider determines the employee can never return to work, the employee will be classified as PTD. The PTD rate is the same as the TTD rate, and it is payable to the employee for the rest of the employee's life.
Living Maintenance (LM) Benefits:
Another unique aspect of Ohio workers compensation is the LM benefit. If the employee is unable to return to the prior position at the same employer, and is participating in an approved rehabilitation plan, the BWC will continue to pay the employee for up to six months while they complete their vocational rehabilitation.
Death Benefits:
In the event of a work related death, there is a burial allowance of $5,500 payable to the estate. If the employee has a surviving spouse or dependents, the spouse and dependents receive two-thirds of the average weekly wage up to the state maximum, with a maximum cap in 2010 of $775.00 per week and $783.00 per week in 2011. The minimum is one-half of the maximum, $387.50 per week in 2010 and $391.50 in 2011. The Hearing Officer determines how the weekly amount will be split between the spouse and other dependents. The spouse can receive the weekly benefit for life if the spouse does not remarry. If the spouse remarries, the spouse receives a lump sum equal two years of benefits, with the remaining dependents continuing to receive the weekly amount.
Lump Sum Settlements:
If the BWC and the employee agree they can enter into a lump sum settlement for the value of the future medical benefits. When the employee accepts a lump sum settlement, the employee becomes responsible for all future medical care.
Violation of a Specific Safety Requirement (VSSR) Awards:
If an employee believes his/her injury was due to the employers failure to comply with a specific safety requirement set forth in the Ohio Administrative Code, the employee may apply for a VSSR Award – an additional award of compensation over and above what the Ohio Bureau of Workers Compensation will pay in indemnity benefits. If the employee contributes to their own injury by not following the safety guidelines for their job, or if the employee failed to use the safety equipment provided by the employer, the employee is not eligible for a VSSR Award. (WCxKit)
The VSSR award will be no less than 15% and no more than 50% of the maximum weekly compensation rate. It is paid weekly over the life of the claim. [For example, the VSSR award by the IC is 50% of the $775 weekly temporary total benefit or $387.50 per week. The employee is off work for 20 weeks, the VSSR Award is $7,750 ($387.50 X 20). If the investigation by the IC determines the employer failed to properly provide for the safety of the employee, the employer must pay the award to the employee, not the Ohio Bureau of Workers Compensation.
If you are an Ohio employer and have questions about your workers compensation system, Here is a link to the updated laws feed for more infromation http://reduceyourworkerscomp.com/laws_and_regulations.php
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.
Managers and executives who see value in diversity training are more committed to their organizations and satisfied with their careers than those who view training to be ineffective, according to researchers from Canadas Ryerson University’s Diversity Institute in Management and Technology.
Margaret Yap, the institute’s director and an associate professor in the Ted Rogers School of Management, is lead author of the study, which studied executives perceptions of diversity training, their level of commitment to their companies and satisfaction with their careers. (WCxKit)
According to Yap, diversity training assists executives and managers in becoming more culturally attuned when working with employees from various ethnic backgrounds.
The researchers analyzed survey data collected between 2006 and 2007 from more than 11,000 managers, professionals and executives across Canada. The survey questioned participants regarding their work experiences and outcomes along with their organizations diversity practices.
Managers, professionals and executives who perceived diversity training in their organizations to be beneficial noted career satisfaction and organizational commitment scores 7 to 14 percent higher than those employed in organizations where diversity training is nonexistent or ineffective.
“For companies to get the most bang for their buck in offering diversity training, its important that employees understand that the training is intended to help facilitate and enhance collaborative behaviors among todays diverse workforce,” stated Yap. “These collaborative behaviors will improve an organizations abilities to solve problems and increase productivity, innovation, creativity and morale.”
Yap cautioned, however, that diversity training must be made available in conjunction with other inclusive talent management practices like recruitment, rewards, development and advancement processes. “If not, its like trying to simultaneously go in two different directions. Incongruent policies create confusion in the workplace,” she added. (WCxKit)
The research paper, “The Relationship between Diversity Training, Organizational Commitment and Career Satisfaction,” was published in the sixth issue of the 2010 Journal of European Industrial Training.
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.
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