An important part of transitional work programs is getting the injured employees treating physicians to agree to their patients’ participation. A good communication piece, such as "Brochure to Treating Physicians" can be a valuable tool in letting the doctors your company works with to know your expectations.
1. Obtain an agreement from the treating physician not to prescribe “no work” for the employee without first discussing the matter with the employer.
An injured employee may be able to function in a transitional work capacity much sooner if such a program is already in place.
2. Employers should ensure their doctors or physician consultants remain in regular contact with all treating physicians.
The company doctor should receive periodic reports on the patients progress. During the treatment process, the company doctor or physician consultant should also fax the treating physician transitional work job descriptions so the physician can determine if the patient is able to perform the tasks listed in the description. (WCxKit)
3. The treating physician will describe the injured employees physical capabilities throughout the convalescent process, and whether the employee can work in any capacity. Some TPAs employe doctors, called peer-to-peer doctors, who enage is this type of liason to discuss the injured employee's condition.
4. Companies should request a Functional Capacity Evaluation (FCE) which is a physical examination assessing a person’s capacity for physical exertion and range of motion activities. Sometimes, FCEs are done by physical therapy operations, and this is a good option also. The treating physician orders the FCE. Make the treating phsycian know you want to use FCE's as an indemnity cost control technique.
Transitional work programs are much easier to establish than one may imagine. It is a commonly held belief that once employees become injured or ill, they must remain out of the workplace for an extended period of time.
This, of course, will result in lengthy and costly workers compensation claims costs. This traditional perspective is being altered by employers who, due to a changing economic climate, are developing methods to reduce their workers compensation and disability costs.
Many employers now take a more active role in coordinating the activities of the injured employee and the treating physician by carrying out transitional work programs, which generate the expectation that the employee will return to work in some capacity within a specified period of time.
These newly held assumptions benefit both the employee and the employer. For employers, transitional work programs are helpful because they reduce costly workers compensation claims.
And employees benefit by maintaining a positive self-image while remaining a productive member of the work force.
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.(WCxKit)
Ideally 95% of employees will return to work within four days. Best practice is 90% of employees never leave the workplace, receiving treatment on-or-off-site and returning to a transitional duty job as soon as they are medically able to do so.
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.
Many employers, both large and small, know they need a better safety program, but feel like they do not have the resources to operate properly a safety program. Or, they have a safety program, but believe there is more that could be done to improve their safety record. There are two great free sources for safety program assistance to the employer – your workers' compensation insurance company and the Department of Labor's Occupational Safety and Health Administration (OSHA).
Not all workers' compensation insurers offer safety program assistance, but most of the larger work comp insurance carriers do – if you ask. While you can hire your own certified safety professionals to come to your business to inspect your processes, ergonomics and hygiene, most of the work comp insurers already have these experts on their staff. A request for assistance through your broker will start the ball rolling. Some of the areas the insurance company safety consultants can review and make recommendations for include: (WCxKit)
1. How to create a culture of safety within the company.
2. How to integrate safety into your company's quality control program.
3. How to implement safety into your company's business strategy.
4. How to engage employees at all levels into the safety control program.
5. How to implement Best Practices for Safety (which they will provide you if you do not already have established safety practices).
6. How to quantify, gauge, measure and reduce risk.
7. How to reduce or prevent occupational diseases.
The safety consultants from your workers' compensation insurance company will do a site inspection to identify the areas of risk exposure. The safety consultants will compile a list of their recommendations and then prioritize the recommendations for you. Your company will be able to see where you have the best opportunities to improve safety. The insurers' safety consultants will also evaluate your existing safety program and make recommendations on how to improve what you are already doing.
While some employers are fearful of OSHA, and some risk managers would rather go to the dentist then to pick up the phone and invite OSHA in, OSHA has many safety programs and offer free consultation services. The OSHA safety assistance program is completely separate from their OSHA inspections, and if they were to find unsafe working conditions or something that would normally get you a citation or a penalty, you get a “Get Out of Jail Free card” – no citation or penalty will be imposed if you invite OSHA in to assist you with your safety program. (If a serious safety problem is found, you are still obligated to correct it). (WCxKit)
OSHA will assist employers in identifying potential hazards in your workplace, improve your safety program, and if you follow-up on their recommendations, qualify your company for a one year exemption from routine OSHA inspections.
Some of the benefits a free OSHA safety inspection and consultation would include:
1. Assistance to your managers in complying with the federal and state safety and health requirements
2. Prevention of on-the-job injuries and occupational diseases (and the resulting workers' compensation claims)
3. A reduction in the number of lost work days
4. Improvement in employee morale from their seeing your company is concerned about their safety
5. Education of employees on how they can take responsibility for their own safety and the safety of their coworkers
6. A reduction in equipment damage and production losses
7. An increase in productivity
Protecting your company's financial assets through a better safety program is a wise choice. You can hire outside consultants or obtain free safety consultations from your workers' compensation insurance company and from OSHA. Whichever course you take, you come out ahead with an improved safety program.
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.
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. Contac t: 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.
New Zealand is unique in having a national “no fault" accident compensation scheme (termed ACC) effectively covering all accidents, howsoever caused, on a 24/7 basis.
However, the main feature is that no common law claims can be brought in New Zealand Courts for death or bodily injury even if caused by another person’s provable negligence. Being such a small and confined country NZ can apply the "no fault" principle easier than two tiered jurisdictions or those with federal and state governments which cross over and create contradictory legal regimes or where people can choose where they sue.(WCxKit)
But this provision is counter acted by the ACC scheme providing coverage for:
1. All work related accidents.
2. All non-work accidents including sporting and recreational injuries.
3. All motor related accidents
4. Approved medical/hospital and rehabilitation expenses incurred as a result of the above
Implications For Tourists To New Zealand
If any tourist is injured they are entitled to coverage for the medical costs, but not any lost earnings and cannot claim damages in any New Zealand Court.
However limited action may be taken under the Health and Safety legislation if gross negligence by a third party is provable and limited reparations are awarded by the appropriate Court
In view of these imitations all tourists should arrange comprehensive travel insurance to insure their entire journey and not make any assumptions about the extent of New Zealand`s ACC regime.
Employees Who are Injured Working Full or Part Time in New Zealand
As they are legally employed, if employees suffer any death or bodily injury, they are fully entitled to the benefits of ACC as explained above
New Zealand Websites of Interest
People or entities interested in New Zealand from a tourist or business aspect may find the following Government websites of interest. (WCxKit)
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
Employers of all sizes, businesses great and small, have hoped for good cost containment measures to be implemented in New York. A state where businesses have left, sometimes in droves, due to high taxes, the workers compensation insurances costs are seen as another burden for them.
In 2007, then Governor Spitzer successfully negotiated acceptance of sweeping changes in the Workers Compensation Law. This came after years of complaints and was the new hope for reduced premium costs. There were many important changes: a cap in all permanent partial disabilities including head, neck and back injuries; an increase of lost wages benefits for the injured workers; final and irrevocable lump sum settlements; and a plan for new medical treatment guidelines which could curb the ever-rising costs of medical treatment. (WCxKit)
While the Workers’ Compensation Board and the Rating Bureau artificially pushed a reduction in premiums as a result of the new legislation, this was short lived. For the most part, the cost containment benefits of this new law could only be realized over the next two years as new claims under the law came up for conclusion. However an immediate reduction was necessary. Politically, in order to satisfy the stakeholders.
Unfortunately, the WCB now some three plus years post-implementation is now just getting around to implementation. The premium costs began to rise again in 2009. Then last summer, the Board came up with a draft of the Medical Treatment Guidelines. It was released to all by October 2010. Better late than never, or so we thought. All the parties have been in an uproar as the WCB implemented the guidelines on December 1, 2010. The trouble is that no one was or is ready. Medical providers are not up to date with the requirements. Claimants and their attorneys are in an uproar as the Treatment Guidelines vary severely from the actual medical practice of the last thirty years. Insurance carriers and self-insured employers have had no time to adapt their computer systems or train their case managers and adjusters based on the new guidelines.
Over the last three decades, the WCB moved from employing a medical director to firing all physicians employed by the Board. Now, in the wake of 9/11 and the legislative changes they have again hired, though part-time, a physician to act as a medical director for the WCB. Though late, this is a good change for an organization whose judges make medical decisions affecting injured workers. Regarding the all-important caps on the period and extent of permanent partial disabilities, the WCB judges began assessing permanency and establishing caps for disability over the last nine months, and the process is slow, as most require negotiations by the parties before a law judge will make a findings. All of this has caused an increase of costs for many businesses and insecurity for the medical providers and injured workers. Expectedly, this is far from the “win-win” expectation announced in 2007.
So, the New York State Workers Compensation System is at a turning point of change, either for good or for — let us say — not so good. It is too soon to tell just yet what the outcome will be. As all stakeholders struggle to get a handle on the new Treatment Guidelines, we expect to see many requests by medical providers for a Variance from the Guidelines. As an example, a three-year-old permanent claim is now handled like a new injury as of December 1st, 2010 for treatment purposes. Assuming the Guidelines approve 8 weeks of chiropractic treatment or 6 weeks of physical therapy with an expected standard of the condition resolving, those who have been getting symptomatic treatment one time a month will be cut off from continued treatment at the end of January. Those who find it impossible to live (financially) once their disability payments are capped (a future issue), will also have the ability to ask the WCB for continued indemnity payments because of their financial hardship. (WCxKit)
The employers in New York do not feel secure about their workers compensation system, either their premiums or the welfare of their employees. It is just too soon to tell where we will be when all the dust settles in the coming year.
Author/Consultant: Eileen Wojnar (our newest contributor) completed a 34-year career for the New York State Insurance Fund, as Assistant Director of Business Operations. She is a graduate of CUNY, earning a BA in communications from Hunter College and an MS in Education from Queens College. She also holds the designation of Workers Comp Professional. She can be contacted at
e2wojnar@aol.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.
1. The GENERAL rule is that you don’t apportion a New York comp claim with prior injuries. (It is the “You take them as you find them” Rule.)
2. The “general rule”, however, has quite a few exceptions. (WCxKit)
3. First exception: A prior condition or accident which has progressively worsened and is causing all or part of the reduced earning after an accident may be apportioned. Example: degenerative joint conditions.
4. Second exception: Prior New York comp claims. Two, or more, NY comp claims may be apportioned. What about a NY comp claim and an out of state comp claim? Amazingly, although this must occur thousands of time every year, there is no case law on it and nothing in the statute. Best guess: If the out of state claim can be reopened it is just possible that under some circumstances apportionment could be achieved.
5. Third exception: New accidents or conditions AFTER the accident which cause wage loss. There is much more flexibility than with prior accidents and conditions. Almost anything AFTER the accident which causes wage loss can be apportioned. Again, there are almost no cases on this. Why? The carriers seldom investigate for accidents and illnesses which occur well after a comp claim, although it is wise and advisable to do so.
6. Fourth exception: Second Injury Fund. It is not generally known that all WCL 15-8(d) (second-injury fund) is an apportionment. When the law was first passed in 1943, during WWII, there was, initially, only apportionment. The judge had to decide how much of a disability (wage loss) was due to the prior condition.
That, very quickly, led to an explosion of trials and appeals, placing an impossible burden on the Board (then called the “Industrial Commission”, until 7/1/47).
The solution was a mandatory apportionment on all 15-8(d) by requiring the carrier to pay the first 260 weeks of disability and the Fund paying everything after. (It was very quickly forgotten that the deductible weeks were actually an apportionment.)
That was amended to 104 weeks a few years later and remained so until the end of the 1990s when it again was raised to 260 weeks until new second-injury fund claims were halted on 7/1/07.
In the 1980s, a bizarre twist was added. A comp judge, as unfamiliar with the history of the law as the lawyers appearing before him, began to allow informal apportionment of the claim between the carrier and the Fund, unaware that the deductible weeks were ALREADY the statutory apportionment. The state later put these “apportionments” into the law, thus creating apportioned apportionments!
Conclusion: Although the general rule is that you can’t apportion comp disability, on nearly every serious claim there is at least one opportunity for apportionment. Serious claims are most likely to happen to older workers, who have, statistically, far more unrelated conditions.
With the abolition of second-injury funds claims in NY, the Board will revert to the 1943 model and there will be trials and appeals on all serious claims in efforts to obtain some apportionment. (WCxKit)
NOTE TO EMPLOYERS: ALWAYS inform carriers of all known prior and subsequent accidents, claims and conditions!
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.
Last year, WorkSafeBC (British Columbia) enhanced its Special Care Services team to provide more holistic services to severely injured workers.
Workers, who suffer lifelong and life-altering injuries, including spinal cord injuries, catastrophic burns, amputations, and brain injuries, often don’t return to their old jobs or their regular day-to-day life. (WCxKit)
“They’re the most serious cases and they don’t always have tidy, happy endings,” said Jennifer Leyen, WorkSafeBC special care services director. “Individuals may suffer from anger and even depression and it’s our job to provide ongoing compassionate assistance to ease their burdens.”
As understanding of the complexities of living with a serious injury has increased, WorkSafeBC has enhanced its services and support by adding to its team of medical specialists, case managers, psychologists, and social workers. Special Care Services continues to enhance its ongoing training for staff who works with specific injuries.
“We believe that treatment for the most severely injured must rehabilitate not only the body, but the mind and spirit as well,” said Leyen. “We want to have more involvement, more interaction — all the things we believe will help improve the outcomes for seriously injured workers.”
One result of this holistic approach was a photo essay by injured worker Simon Paradis, whose experience inspired him to depict his grueling morning routine in a poignant photo essay, entitled Simon’s Legs. It was unveiled last week at WorkSafeBC.
Two years ago, while working as a finishing carpenter, Paradis fell three meters from a scaffold and suffered a devastating spinal cord injury that left him unable to walk, and with brain injuries that forced him to relearn the most basic motor skills.
“I wanted to bring the viewer into my environment,” said Paradis of his black-and-white photo montage, created with his wife Kara Stanley. “It was a great outlet — I was focused and enthusiastic about this project because it’s a creative representation of what I’m going through.” (WCxKit)
But as a recipient of the BC Rehab Foundation’s 2009 Gert Vorsteher Memorial Award, demonstrating incredible determination in reaching personal independence, Paradis is no stranger to being focused.
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.
Bipolar disorder (also known as manic depression) affects an estimated 2 million people over the age of 18.
According to toppharmacynews.com unfortunately, severe symptoms associated with either a manic episode, depression (or both) can cause difficulties in holding down a regular job. In fact, working may become impossible for some bipolar sufferers. (WCxKit)
The Social Security Administration (SSA) has disability benefit programs in place for those with severe bipolar who are unable to work due to the disorder.
These are five commonly-asked questions about disability benefits:
1: How can I prove I’m disabled by my bipolar disorder?
SSA has certain criteria they use to establish any kind of disability, whether related to physical or mental disorders. First, your disorder must be severe enough to keep you from working more than just a minimal amount. Second, it must be diagnosed by a medical professional, typically a physician or psychologist. (A psychiatrist is a type of physician.) Third, it must be expected to last at least 12 months.
Additionally, a diagnosis of bipolar disorder commonly involves a number of signs and symptoms that SSA looks at when determining whether someone qualifies for disability benefits.
These symptoms could be present in either depressive or manic syndromes, and include things such as:
1. Appetite and/or sleep disturbance
2. Hyperactivity or a lack of energy
3. Difficulty concentrating
4. Involvement in high-risk activities
5. Loss of interest in activities
6. Feelings of guilt or worthlessness or inflated self-esteem
7. Hallucinations, delusions or paranoid thinking
8. Thoughts of suicide
9. Repeated episodes that affect your ability to function normally
Of course, there are many factors that SSA will look at. They will want documentation from your health providers and possibly your family, friends or others who know you.
2: What are my chances of winning?
Unfortunately, the average approval rating for disability claims at the initial level is only about 25-30%. Why? Most claims lack significant pieces of information. For this reason, most successful disability applicants seek some kind of help, either from a professional advocate or specialized information and help source.
3: How long will it take?
Most initial claims are decided in 3-4 months. Some take more, some less. If your claim has to go through the appeals process, it can take another 6-12 months — occasionally, even longer. This is why it is important to present a strong case from the very beginning, to expedite the success of your claim.
4: What if my claim is denied?
Don’t give up! If your initial claim is denied, you have the opportunity to appeal and request a hearing. (Some states have two lower levels prior to the hearing level.) The hearing before a judge is really your best chance to win. However, it is not smart to go in unprepared. You need to present a strong and convincing case to sway the judge enough to award you benefits. Preparation, including good documentation of your bipolar condition and its effect on your ability to work, is essential to your claim’s success.
5: What kind of benefits will I receive?
Disability benefits include monthly checks which vary, depending upon the program you fall under. There are two main disability programs under Social Security. The SSDI program is based primarily on your work history; monthly checks average around $900. The SSI program is based on financial need and resources; it helps those without a steady work history. Everyone gets the same amount under SSI – around $600/month maximum.
Of course, many benefit winners receive a back benefit check which can be many thousands of dollars; this is one reason why it is important to apply as soon as you become eligible. (WCxKit)
Other benefits include health and medical benefits (Medicare and/or Medicaid), newly-established prescription drug benefits, and even continued benefits while trying to go back to work, if your situation improves.
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.
The proposed changes to the Illinois Workers Comp Act were initially filed last Wednesday (Jan 5) as an Amendments to a pending Senate Bill, SB 1066, on Charitable Trusts (House Amendment 001) with another Amendment filed last Friday. (House Amendment 002). These two Amendments have the recommendations of the Executive Committee. The legislative session ended today without a vote on the Illinois workers comp reform package but the subject will probably be revisited again soon by the new legislators that are being sworn in tomorrow
Collectively they introduce some significant major changes in the law:
1) They restrict choice of physician by injured employee to only one (1) doctor and gives the employer the first choice of treating physician. (WCxKit)
2) Utilization review: creates a presumption in favor of utilization review (UR) if treating doctor fails to respond or appeal UR decision.
3) Wage Differential: significantly limits partial wage reduction benefits to age 67 or 5 years from date of final award, whichever is later, and allows review of awards for any economic changes up to four (4) times per year.
4) Provides an overall 15% Reduction of Medical Fee Schedule reimbursements rates to pay 85% of the present Medical Fee Schedule rates as well as provisions limiting hardware charges to 25% over invoice costs minus any rebates.
5) Provides Rule 137 Sanctions (attorney's fees and costs) against clients or their attorneys for any frivolous or untrue pleadings.
6) Provides for an Intoxication defense for alcohol consumption and a presumption of impairment for blood levels of marijuana or other drugs.
7) Provides for statewide recalculation of WC premiums for premium reductions or employer premium reimbursements to reflect the new lowered medical fee reimbursement rates.
8) Creates a special Workers Compensation Advisory Board chosen by specific members of the legislature and the Governor's office.
9) Brings WC insurance regulation, non-insurance regulation and WC fraud prosecution under the jurisdiction of the Department of Insurance rather than Department of Professional Regulations.
10) Provides for special class of Employer for "personnel providers" and temporary agencies with certificates of insurance to be filed naming borrowing employers as additional insureds on any WC policies held by the temporary agency.
Four (4) additional amendments to SB 1066 were introduced today (Jan 10):
House Amendment 003 adds WC insurance oversight tracking of WC industry insurance premiums, payouts, profits and losses with issuance of annual reports by Department of Insurance;
House Amendment 004 changes the causation standard, restricts compensable claims to only where the accident is the “primary factor” in causing need for treatment.
House Amendment 005 allows unions to opt out of workers comp and allows them to choose alternative dispute resolution by mediation or arbitration under their collective bargaining agreements
House Amendment 006 adds the disclosure by all attorneys of all gifts given or remuneration paid for any client referrals to be filed with the Commission, including any gifts, any entertainment or any meal expenses.
These last four (4) additional Amendments (as best as we can tell) were all referred to the Rules Committee today (Jan 10) and only House Amendment 3 has the recommendation of the Rules Committee so far. We are still waiting on any further details from Springfield — it appears House Amendments 4, 5 & 6 all remain presently referred to the Rules Committee without further comment.
A final vote on a modified WC bill is anticipated by the end of Tuesday (Jan11) as the old legislative session soon ends and the new legislators are to be sworn in and start on the Jan 12th — it’s the last hurrah for some of our outgoing legislative members.
It is our understanding the workers comp reform package is part and parcel of a trade off in exchange for new tax hikes for some of our representatives, but, we lack any formal quotable statement to that effect, although the "temporary" tax hikes and plans to borrow money to cure our current budget crisis were already announced on TV as a done deal. As we read on Senator Dillard's website, final details of tax hikes remain yet to be agreed upon; so much of the workers comp reforms remain up in the air as well. (WCxKit)
It looks like a lot of back room bartering and haggling is still going on. Track current bill status at: Current Bill Status:
Author Brad Bleakney, a
Chicago workers compensation attorney, has practiced primarily in Illinois work related injury claims and related litigation. His background includes helping a major Fortune 500 company significantly reduce their workers compensation losses. Brad can be reached at Bleakney & Troiani, 1 North Franklin (2625) Chicago, IL 60606. Or
info@WorkComp-Chicago.com; 312-541-0045; FAX: 312-541-0041.
©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.
Well, I guess the UK has some of the same type of workers compensaion problems we do here in the U.S. What a surpries…
A Norfolk, Great Britain landscaping firm has been fined for failing to buy compulsory insurance to protect its employees.
The Norfolk Ranger Ltd was fined $1,124.83 Waffham Magistrates Court and ordered to pay $482.07 in costs. (WCxKit)
The court heard how the company failed to produce a current Employers Liability Compulsory Insurance (ELCI) certificate when asked to do so by the Health and Safety Executive (HSE) in April this year. The subsequent investigation found that the company did not have ELCI.
Appearing at court, The Norfolk Ranger Ltd, based at Park Farm, Mileham, Norfolk, admitted breaching Section 1(1) of the Employers Liability (Compulsory Insurance) Act 1969, for failing to hold ELCI. (WCxKit)
HSE Inspector Steven Gill noted, "Injuries can stop employees from working for a significant period of time – or even for life, and it is vital that they are protected – that is why this type of insurance is compulsory. ELCI means those employees will not be left to fend for themselves and their families if unable to earn a wage.
"Failing to have this insurance potentially leaves members of staff doubly disadvantaged in the event of an incident or ill health. This case is a warning to all employers about how seriously HSE takes this issue."
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.
In the never-ending quest to lower business costs, employers must consider using a fully integrated general liability service provider with solutions unique to the business. Fully integrated here means a service that covers everything from property damage to bodily injury to product liability designed for the company, its risk management program and the owners.
Employers must protect their brand by employing these 3 strategies:
1. Thorough investigations.
2. Optimal negotiations.
3. Reduced cost of risk. (WCxKit)
When looking for a general liability service
provider look for one who will design a program unique to your business by becoming completely familiar with what you do, how you do it, the legal issues, and your vision for success. Then expect them to create an integrated claim service team who can meet your company's needs. Select an account manager based on chemistry and experience, supported by a multitalented team of:
1. Claims professionals.
2. Medical professionals.
3. Subject matter experts.
4. Senior risk analysts.
A successful program optimizes the claim process starting with 24/7 intake system, creating a specific path for your claims and your custom escalation protocols. Customer service representatives should be employees of the service company, trained to capture the data you need and the information necessary to allow the claim professionals to act quickly. These professionals must also be appropriately licensed and supported so they can perform thorough investigations.
After analyzing the facts and issues, claim professionals work with physician advisors, subject-matter experts, and supervisors as needed to create a Strategic Plan of Action (SPOA). The
Strategic Plan of Action sets goals and identifies the steps necessary to assist those presenting legitimate claims and protects you from those trying to take advantage of you.
The SPOA prepares for litigation early by employing a multifaceted-litigation management program designed to minimize legal costs and create the optimal outcome. The claims professional creates a proactive litigation plan and budget and is involved in all decisions regarding the case.
Your service provider makes clinical expertise one of your greatest strengths by using medical bill review, physician review services, critical incident review, pharmacy protocols, and review of specials packages to help discover the true value of each claim. Should legal counsel be needed, legal bill review can help ensure defense fees are appropriate and within reason.
Senior risk analysts provide an added tier of expertise. Each analyst typically has more than 25 years of experience and extensive training in handling complex claims. If a claim meets a certain requirement such as a catastrophic loss or high-exposure, it can trigger the senior risk analyst’s involvement. They offer a broader analysis of the claim and advise the claim professional on coverage, reserves, litigation strategy, and proper disposition. Your senior analysts have the ability to take on several advanced roles. They can handle special projects, train your staff, manage inventory, and look for trends within the data to lower overall risk cost. (WCxKit)
Remember, you want a program using tools tailored to your systems, processes, and expertise to complement your needs. If your company experiences a large volume of liability claims, your provider must be able to establish a client-dedicated service team at a centralized location.
5 benefits of having a great provider:
1. Day-to-day communication.
2. Developing expertise specific to your business.
3. Fully operational and technical support.
4. Pricing options.
5. Lower loss costs.
The right result requires the execution of a thoughtful game plan.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
Posted in
Implementation and Rolling Out Your Program, Return to Work and Transitional Duty, WC 101 |
