A report, critical of worker protection efforts, was issued by Researchers at the Lowell Center for Sustainable Production at the University of Massachusetts Lowell.
The Center conducted a year-long analysis of successes and failures of OSHA’s 40-year history. The final report identifies strategies to improve U.S. workplaces. The document uses case studies to highlight failures of government and industry policies and practices. (WCxKit)
Among them are stories of immigrant workers killed or severely burned in house fires caused by chemicals used to refinish floors, and healthcare workers disabled by back injuries from heavy lifting and awkward postures.
Suggested reforms include “prevention through design” initiatives to design out hazards and make jobs, products, and materials inherently safer. (WCxKit)
The report concludes that the current regulatory approach to worker protection “is inadequate given the broad changes to science, technology, and policy necessary to protect workers.”
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@ReduceYourWorkersComp.com
While proposed amendments to Maryland workers compensation regulations represent an improvement from the emergency rule adopted Jan. 4, 2010, the Property Casualty Insurers Association of America (PCI) reports it still has concerns regarding their impact.
The regulation, COMAR 14.09.01.19, would establish guidelines for reviewing and approving proposed workers comp settlement agreements in compliance with the review thresholds established by the federal Centers for Medicare and Medicaid Services (CMS) and spell out the data elements that must be part of all settlement agreements. (WCxKit)
According to PCI, the regulations will make settlement of Maryland workers comp claims more cumbersome and force injured or disabled workers to hire expensive legal assistance to navigate the complex language of those claims. That could mean higher costs not just for individuals, but also the state.
“There are administrative fees and expenses associated with the administration of a Workers Compensation Medicare Set-Aside Arrangement (WCMSA) and potentially extra attorney fees for setting up a WCMSA,” said Richard Stokes, PCIs Maryland counsel. “This can add thousands of dollars to the cost of settling a Maryland workers compensation claim. In addition, the requirement that all formal set-aside allocations comply with Medicare guidelines adds extraordinary complexity to settlement submission and approval. This adds to the costs of carriers to handle workers compensation claims in Maryland and adds to the administrative costs of the Maryland Workers Compensation Commission to review and approve settlements.”
Additionally, the added complexity could mean that workers could have to wait 3-6 months for CMS approval of a settlement, creating an additional and unnecessary hardship. PCI proposes changing the regulation to make it optional, but not mandatory, for settlements to be submitted to CMS for approval. (WCxKit)
“Injured or disabled workers in need should not have to face months of additional waiting for settlements that more bureaucratic red tape could cause,” Stokes added. “We recommend that this regulation be amended. We appreciate the opportunity to submit comments and be heard on this important 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. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
Reprinted with Permission of Risk Management Monitor.
Bloggin’ ain’t easy. Doing it well takes commitment, research, accuracy, and regular postings. And, of course, a knack for writing. The staff of Risk Management has a few favorite blogs that we visit on a regular basis for their insight, knowledge, and timeliness. The following are 10 of our favorite risk management and insurance blogs:
1. The Call: Foreign Policy magazine’s blog posts are authored by Ian Bremmer, president of the global risk research and consulting firm Eurasia Group. The blog uses political science to analyze the future of politics and the global economy. When it comes to industry blogs, this one is my personal favorite.
2. Terms + Conditions: The Insurance Information Institute’s blog covers current disasters, risks, laws, regulations and market conditions, among other topics. Claire Wilkinson, vice president for global issues at III, has done a great job of posting timely articles first thing in the morning, and it seems she’s been joined recently by James Lynch, a veteran insurance professional and blogger.
3. Clear Risk: The company itself works with organizations to help improve their risk management techniques and the blog, managed by Craig Rowe, covers the various aspects of risk management and insurance in a well-organized and easy to read manner.
4. Schneier on Security: Bruce Schneier, a security technologist and author, manages this blog, which focuses on security and security technology. He has testified on security before the United States Congress and has written articles for some of the world’s biggest publications. Schneier, an opinionated tech man, knows what he’s talking about — and it shows in every post.
5. Workers’ Comp Kit Blog: This blog covers (you guessed it) everything relating to the world of workers’ comp. It acts as a discussion forum for employers to learn about workers’ comp cost containment, techniques and strategies. The blog is managed by Rebecca Shafer, and attorney and risk consultant, and features posts by more than 30 other professionals. Though the format of the blog can be somewhat distracting (ads galore), the content is useful.
6. GC Capital Ideas: The website, a part of reinsurance intermediary Guy Carpenter, refers to itself as more of a platform from which it disseminates information that has been published through reports, briefings and bylined articles. I refer to it as a blog and its information is has proved valuable to our team on more than one occasion.
7. Calculated Risk: This blog offers a sophisticated analysis of economic data, from consumer sentiment to the mortgage and housing industry to the banking industry. Managed by Bill McBride, a full-time blogger with a background in finance and economics, Calculated Risk proves successful at turning complicated technical data into useful information for the masses. McBride publishes several posts per day.
8. Political Risk Explored: Brian Hasbrouck, a man with a serious interest in the international political economy, manages this blog. PRE’s short and sweet posts pull from other publications or reports that the blog’s readers may have never come across on their own. The blog’s simple format makes it easy to navigate and read and the Twitter feed embedded on the right-hand side is an added bonus.
9. Product Liability Monitor: This blog was created by attorneys in the Weil product liability practice and discusses key trends, developments, and events that have shaped and are shaping the product liability landscape. The blog’s clean format is something to be imitated.
10.The FCPA Blog: Its simple name leaves no guesses as to what it covers — news and views about the United States Foreign Corrupt Practices Act. Managed by Richard Cassin, the multiple daily posts gives readers a grim reminder of the oft-corrupt corporate world and analysis of the FCPA’s actions.
If you think we have left off an important blog related to the industry, please let us know in the comments section below.
Author: Emily Holbrook on
February 25, 2011.
The
Risk Management Monitor is the official blog of Risk Management magazine and provides daily stories, commentary, interviews, podcasts, and videos related to the world of risk management and insurance. The editors of the Risk Management Monitor are Jared Wade, Emily Holbrook, and Morgan O’Rourke. Learn more at: Risk Management Monitor.
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.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.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.
NOTE: State laws change frequently. Nothing in this article is meant as legal guidance.
For legal advice on a particular state's most current law, please consult with you legal adviser.
In Delaware, every employer who has one or more employees, whether full time or part time, is required to carry workers compensation insurance. Agricultural employers, sole proprietors, and partners are exempt from complying with the workers compensation statutes, but these employers can elect to provide workers compensation insurance for their employees. Real estate brokers are not required to carry work comp coverage for the real estate agents, who are independent contractors.
As many as 8 executive officers who are also stockholders of a corporation can elect to be exempt from the workers compensation coverage requirements. Casual workers and domestic employees in a private home who earn less than $750 in any three month period are exempt from the coverage requirements. Workers compensation coverage for city, town, township, county, and state governments is not required, but can be provided if the governmental entity elects to do so. (WCxKit)
Obtaining Coverage:
To obtain workers compensation coverage in Delaware, the employer has two options which are:
1. Purchasing a workers compensation insurance policy from a state approved insurance company
2. If an employer has over $5 million in assets, the employer can apply for self-insurance status with the Delaware Office of Workers Compensation. Self-insured employers must also obtain an insurance license from the Insurance Commissioner's Office.
Claim Reporting:
The employer upon being notified of an injury to the employee, has 10 days to report the claim to the Office of Workers Compensation and to their insurance company or to their own claim's office, if self-insured (death cases must be reported within 48 hours). The claim is reported on Delaware “First Report of Occupational Injury or Disease” form. All injury claims, regardless how minor, must be reported.
Medical Benefits:
The employee can select the medical provider of their choice. The State of Delaware provides certification of physicians, chiropractors, physical therapist, and
hospitals to provide workers compensation medical services. If the medical provider has not been certified by the State of Delaware, authorization for each medical visit has to be obtained from the employer or the insurance company. If the employer/insurance company questions the medical treatment being provided to the employee by a certified provider, they have the right to obtain an independent medical examination of the employee to substantiate the injury claimed.
All medical treatment received from certified providers is paid for by the insurance company or the self-insured employer. As of 5-23-08, Delaware has adopted a medical fee schedule known as Workers Compensation Health Care Payment System for all medical treatment.
Temporary Total Disability Benefits:
The temporary total disability (TTD) benefits are calculated as two-thirds of the employee's average weekly wage, based on the 26 weeks prior to the date of injury. The maximum amount of TTD benefits that can be paid weekly is established by the Secretary of Labor each June. The maximum amount is based on two-thirds of the state average weekly wage paid by all employers. The maximum TTD benefits per week for injuries as of June 22, 2010 is $609.82 per week. The state minimum weekly benefit is one third of the state maximum benefit amount, currently $203.27.
The first 3 days of disability (the waiting period) is not paid to the injured employee unless the employee is disabled for more than 7 days. TTD benefits can be paid for as long as the employee remains disabled. {Due to the fact that the employee can draw TTD benefits for as long as they are disabled, Delaware does not have a permanent total disability category in their indemnity benefits}.
Temporary Partial Disability Benefits:
In Delaware, if the employee is able to return to any type of work, but at a lesser rate of pay then the amount the employee was earning prior to the injury, the employee is entitled to temporary partial disability (TPD) benefits. The TPD benefits are paid at two-thirds of the difference between the pre-injury wage and the post-injury wage. The TPD benefits are paid for up to 300 weeks from the date of injury.
Permanent Partial Disability Benefits:
Delaware employees are paid permanent partial disability (PPD) benefits for any permanent disability suffered as the result of an on-the-job injury. The treating doctors normally use the Fifth Edition of the American Medical Association Guide to the Evaluation of Permanent Impairment.
Delaware uses a schedule of injuries for limbs, vision, and hearing. The loss of an arm or leg is worth 250 weeks of indemnity benefits (with a week calculated the same as TTD). The schedule decreases as the size of the limb decreases with a small toe being worth 15 weeks. For example, if the certified medical provider gives the employee a 20% disability rating to the arm, and the employee's TTD rate was $600 per week, the employee will receive $30,000 ($600 X 250 X 20%).
A person with an injury to body as a whole is worth up to 300 weeks of indemnity benefits. For example, an employee with a 10% rating to the back would receive 30 weeks of benefits for the permanent partial disability.
Disfigurement Benefits:
The employee can make a claim for disfigurement benefits one year post accident or post surgery for any scar, burn, or amputation due an on-the-job injury. The disfigurement must be visible when the body is clothed normally. The disfigurement benefit is paid out in a number of weeks up to 150 weeks, depending on the severity.
Death Benefits:
The burial expenses in Delaware are covered for a work-related death up to $3,500. The
weekly death benefit payment depends on the number of employee dependents. A spouse only, or a child only, can receive a weekly benefit that is calculated the same as the TTD benefit, with the same maximum and minimum weekly benefit. When there is a dependent spouse plus child(ren), the weekly benefit is 80% of the employee's wages, not to exceed 80% of the state average weekly wage. The spouse can receive death benefits for life unless the spouse remarries, then the spouse gets a two year lump sum. Children can receive benefits until age 18, or age 25 if a full time student. (WCxKit)
Rehabilitation:
Delaware requires employers/insurers to furnish both physical and vocational rehabilitation for an injured worker. Delaware also allows the employers/insurers to stop indemnity benefits if the employee does not cooperate with the rehabilitation efforts. The vocational rehabilitation includes:
1. Vocational assessment
2. Employment planning
3. Counseling and guidance
4. Job placement
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.
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.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
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