The Department of Labor's Occupational Safety and Health Administration (OSHA) recently renewed its alliance with the Scaffold Industry Association, Inc. (SIA), aiming to protect the safety and health of those working on scaffolds from falls and other deadly hazards, according to information provided by the agency.
Since the nationwide alliance was signed in 2008; OSHA and SIA have developed safety materials on transport platforms and mast-climbing work platforms relating to scaffold and fall hazards, as well as applicable American National Safety Institute (ANSI) consensus standards. Several of these products have been translated into Spanish and Portuguese.(WCxKit)
Goals of the renewed alliance include increasing awareness of OSHA's rulemaking and enforcement initiatives, developing new effective training and education programs, and conducting outreach and communication activities on workers' rights and employers' responsibilities. The organizations will continue to emphasize scaffold safety, including issues related to mast climbing scaffolding, suspended scaffolding, and aerial lift equipment.
SIA is a national trade organization founded in 1972, which represents the scaffold, aerial lift and access industry. SIA promotes safety in these areas by developing educational and training courses, audiovisual programs, and codes of safe practices. It has more than 1,000 member companies including aerial platform dealers and distributors; scaffold and shoring erectors and renters; plank and platform manufacturers and distributors; safety and engineering consultants; and government officials.
Through the alliance Program, OSHA works with groups committed to worker safety and health to prevent workplace fatalities, injuries, and illnesses. These groups include unions, consulates, trade or professional organizations; faith- and community-based organizations; and business and educational institutions.(WCxKit)
OSHA and the groups work together to develop compliance-assistance tools and resources, share information with workers and employers, and educate workers and employers about their rights and responsibilities. Alliance program participants do not receive exemptions from OSHA programmed inspections.
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.
Canadian employers will have added support to improve employee psychological health and safety thanks to the formation of a new Canada-wide standard, the Mental Health Commission of Canada said at a public event unveiling the National Standard of Canada for Psychological Health and Safety in the Workplace.
There will be a 60-day public review process held in the fall. The completed standard is scheduled for release in 2012. (WCxKit)
“The economic burden of mental disorders in Canada has been estimated at $51 billion per year, with almost $20 billion coming from workplace losses,” said MHCC President and CEO Louise Bradley.
“The requirements for an employee's physical health and safety in the workplace are a long-standing concern for Canadian employers. Now it is time to consider the mental well being of the workforce the same way,” Bradley continued.
Once finished, the voluntary National Standard of Canada for Psychological Health and Safety in the Workplace will provide organizations with the tools to achieve measurable improvement in psychological health and safety for Canadian employees.
MHCC is championing the development of the standard, working collaboratively with the Bureau de Normalization du Quebec (BNQ) and the CSA Standards. A committee of health and safety professionals, labor representatives, executives, government representatives, experts in law and policy, and other groups was created by BNQ and CSA Standards to develop it.
Funding for this project was provided by Human Resources and Skills Development Canada (HRSDC), Health Canada, the Public Health Agency of Canada, and Bell.
“The Government of Canada applauds the efforts to improve the psychological health and safety of Canadian employees, recognizing that a healthy workforce is essential to Canada's economic prosperity,” said Dr. Kellie Leitch, Parliamentary Secretary to the Minister of HRSDC and Minister of Labor.
“The public consultation period this fall is an important opportunity to develop a Standard that works for Canadians and I would encourage all stakeholders to remain engaged in its creation,” Leitch remarked.
Mental health problems and illnesses are the leading cause of workplace disability in Canada, representing 15 percent of Canada's burden of disease. A Canadian Medical Association study in 2008 indicated only 23 percent of Canadians surveyed said they feel comfortable talking to an employer about their mental illness.
The advantages of a psychological standard for employees include protection from psychological harm in the workplace and the promotion of psychological well being.
For employers, the business case in favor of the new standard rests on four main parameters — enhanced cost effectiveness, improved risk management, increased organizational recruitment and retention as well as corporate social responsibility. (WCxKit)
The BNQ and CSA Standards plan to jointly manage the standard’s development process and publication. The standard will be developed as a “stand-alone” National Standard of Canada (NSC) inspection and advisory services for retailers and manufacturers.
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.
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.
California allows the workers compensation insurers and self-insured employers to utilize a Medical Provider Network (MPN) for the treatment of on-the-job injuries and work-related illnesses. The MPN is an association or network of clinics, physicians, hospitals and other medical providers – under contract with the MPN – who treat workers compensation injuries and occupational illnesses. The advantage of the MPN to the employer is the employee is treated by a medical provider who specializes in work-related injuries.
Some practitioners have noted with criticism, however, that not all doctors in the network are well-qualified and further indicate that "almost any physician who is willing to take a discount" can get on the panel; therefore, it is important for employers to make sure that the doctors in their networks understand workers compensation, know how to bill at the OMFS (official medical fee schedule), know how to write reports and return injured workers to modified work. Physicians who are not experienced in the nuances of workers compensation may also not know how to close a case appropriately: Released as Cured; Pre-Injury or Permanent & Stationary / MMI.
California MPNs are designed to provide services throughout the state. It is customary for the MPN to offer:
1. A primary care physician within 15 miles or 30 minutes of the employee's residence or job site.
2. All other medical services within 30 miles or 60 minutes or the employee's residence or job site.
3. Emergency medical care services.
4. Medical care in rural areas (they have alternative distance and time standards and, in some situations, allow out-of-network medical providers or non-contract medical providers).
5. Medical care for the employee who is working or traveling outside of their home geographical area (but still within the State of California.) (WCxKit)
It should also be noted that all physicians in or out of the MPN must follow the California Treatment Guidelines / Medical Treatment Utilization Schedule Reg. 9710.
The employer has the opportunity to direct the care for 30 days with or without an MPN, but the requirements must be strictly followed or the injured workers regains the right and ability to self procure his own
medical provider at the end of 30 days; if the employer has followed the rules, they retain right to
direct care for the life of the claim. Stated another way, if an employer has an MPN and did not follow the procedures at time of hire and again at time of injury they lose the right of control. The employer can direct care for the first visit and
if they have complied with
requirements for providing the employee with MPN information and a list of providers at the time of hire and again at the time of injury
they have control for the life of the claim. If the employee is unhappy with the choice of a physician, they can elect to change doctors but must stay within the MPN.
If the employee is unhappy with the diagnosis or the treatment they receive for their injury, they have the right to ask for a second opinion from another physician within the MPN. The employee is required to make an appointment within 60 days of requesting a second opinion. If the employee is unhappy with both their original doctor's opinion and the second doctor's opinion, they are entitled to a third opinion in California.
If the employee is unhappy with the first opinion, second opinion, and third opinion, the employee may file a request for an Independent Medical Review (IMR) with the California Division of Workers Compensation administrative director. The administrative director will assign an independent medical reviewer. The independent medical reviewer will conduct either a physical examination or a medical-records review. If the independent medical reviewer agrees with the employee, the employee can select a physician who does not have to be a part of the MPN. In this case, the employer/insurer is responsible for the medical care cost. The injured worker can request a “QME” (Qualified Medical Examination) and will be provided a panel of 3 to choose from in a given specialty or specialties.
Most MPNs will offer medical management in which a nurse case manager will work with the employee, the employer, and medical providers to get the employee back to work as quickly as feasible. Some MPNs also offer a vocational specialist who works with the employee to retrain them for another occupation when they are physically unable to return to their prior job.
An insurance company or self-insured employer can create their own MPN or join one of the MPNs that have already been established. The benefits to the employer who joins a MPN include:
1. Lower
medical cost – The MPN contracts with the medical providers for the cost of the medical fees which are lower than the Medical Fee Schedule used in California. On average the medical fees are approximately 10 percent lower through a MPN.
2. Medical control throughout the claim – When an employer has a MPN and complied with the requirements, the employee must treat within the MPN throughout the life of the claim (with certain exceptions, see above) unless the employee has pre-designated their primary treating physician (the large majority do not). Employers need to make sure this information is provided to all new hires, at the time of hire. They need to be able to document compliance.
3. Elimination of chiropractors and acupuncturists: if the employer has a MPN, the employee can only pre-designate a medical doctor or doctor of osteopath. Without a MPN, the employee can pre-designate their chiropractor or acupuncturist. However, the injured worker can under 4601 request chiropractic care or acupuncture within the MPN. If the MPN has no panel chiropractors or acupuncturists within the given geographic distance they can choose one outside the MPN.
Medical Provider Networks provide medical cost control. The long term impact for the employer is lower overall cost of workers compensation insurance. We recommend for all California employers have a Medical Provider Network, or be affiliate with an insurance company that has one, and make sure you are in compliance with the rules.
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.
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.
An Interview with Doctor Alice Martinson
We hear a lot about the rising cost of workers compensation when injured workers suffer from co-morbid conditions. What is “comorbidity?”
Co-morbidity refers to any unrelated medical condition, which nonetheless has some bearing on the primary condition under discussion, or upon an individual’s ability to return to a functional level. An example of this would be a chronic cardiac condition delaying or preventing surgery in someone who has work-related knee osteoarthritis. Another, though somewhat graphic example, is an individual with a leg amputation who sustains an injury to two of the remaining three extremities. Given the number of returning Middle East veterans who are amputees, this is not such a far-fetched possibility.
How do you define obesity?
Obesity is defined in terms of body mass index (BMI). A BMI between 25 and 30 is considered “overweight.” A BMI over 30 is considered obesity, and a BMI over 40 is considered extreme obesity. In some written material it is called “morbid obesity.” This latter term is falling out of favor because it can carry an emotionally-charged meaning getting in the way of useful discussion. BMI is calculated as the relationship between height and weight. (WCxKit)
Rather than fooling with the math, I use a very convenient table available on the NIH website: Calculate BMI
Workers compensation will usually not cover that portion of a workplace injury related to a comorbid condition. How can the workplace injury be separated from the pre-existing condition for compensation?
For workers compensation treatment, that is not usually a hard distinction to make. A good example here would be carpal tunnel syndrome in a diabetic. Diabetes does not cause carpal tunnel syndrome, but diabetics will many times experience progression of the condition, once it occurs, at a much faster rate than non-diabetics do. Thus, surgical decisions and timing may well be affected by the diabetic state.
Where it gets harder within the workers compensation system is the question of whether a co-morbid condition interfering with the treatment of a workers compensation problem should be treated through the workers compensation system.
The most frequent instance of this I have come across is the question of whether bariatric (weight loss) surgery should be covered by workers compensation when the primary injury is knee trauma. Continued obesity in the face of a knee injury is inviting progressive osteoarthritis, so the question comes up – “Is bariatric surgery necessary to cure or relieve the effects of the work injury?” A similar example would be when a serious cardiac condition is found that interferes with necessary surgical treatment of a work injury.
Should treatment of the cardiac condition be provided under workers compensation?
There are different policies and case law in each state, so I would encourage anyone who encounters this issue to check for the rulings in their particular locale.
What pro-active steps can an employer take to communicate to employees their pre-existing conditions are not covered in the event of a workplace injury before injuries occur in a way that does not cause “uproar,” i.e., hurt feelings, cries of discrimination, threats of lawsuits?
The key word in your question is “pro-active.” Certainly, employees need to be educated about health maintenance issues and policies as general principles BEFORE a specific instance workplace injury brings up a specific question in a specific individual. Many large employers have incentive programs for smoking cessation, weight loss, and similar issues further reinforcing the importance the employer places on avoidable problems. There are enough benefits to these programs, that I encourage even small employers to adopt wellness programs as part of their employee policies.
Do you recommend pre-employment/post-offer screening for pre-existing conditions?
Except in the unusual case of extraordinarily critical or demanding work, pre-employment/post-offer screening using such things as spine X-Rays does not seem to be cost-effective. It is always appropriate to obtain a history of pre-existing conditions after an offer is made, because no one can predict the future but it is a great way to document the past. Having a starting point is very beneficial if the question of work-related progression or aggravation comes up. The best pre-employment screening I know of is not screening of the employees, but of the physical demands of the job for which an employee is sought. (WCxKit)
Can you explain what you mean by having the employer screen the physical demands of the job?
The more physically demanding the job, the greater the opportunity for something bad to happen to an individual doing it. An employer must know the physical demands of the job tasks. This is not rocket-science. A 5’2” woman weighing 130 lbs should not be hired to lift and carry cartons about a warehouse that are almost as tall as she is. You laugh! Several months ago I was doing a workers compensation exam on just such a woman doing just such a task. Or a more subtle instance — someone with knee pathology (problems) is not suitable for a job requiring constant squatting or climbing stairs and ladders. If you know those are the physical qualifications of the position, you as the employer have every right, and perhaps the responsibility, to determine if a prospective employee meets those qualifications. What is important is to determine the physical qualifications in advance, just as you do with education, temperament, ability to work without supervision, and so many of the other non-physical aspects in any job description. When you decide on an individual’s suitability for hiring into a specific position, you then have the opportunity to choose the whole package. A physical therapy or rehabilitation firm can often do a physical demands evaluation of the jobs in your facility.
As an example – a clerk is hired into a prison office. The only problem is it takes a half-mile of walking each way from the parking lot to her job. You would never know that from her job description. Some folks cannot do that. Same thing for some work settings where the employee works on one floor and the bathroom is on another. Do not think that does not happen – the IRS office in Fresno is exactly like that.
Does the ADA come into play when dealing with employees with comorbid conditions?
The ADA requires “reasonable accommodations” for an individual who declares a disability. An employer should decide in advance how to define “reasonable” in their setting. Obviously, a bricklayer with a pre-existing back disability cannot be reasonably accommodated in another brick laying job. On the other hand, there are a great number of office jobs in which individuals with back disability can be reasonably accommodated by altering the seating or the supervisor’s expectations in regard to the need to get up and change positions periodically.
What can employers do to reduce comorbid obesity in their workers and make them less likely to suffer workplace injuries aggravated by their condition?
Peer pressure is a wonderful thing. If all workers are educated about wellness issues and buy into proactive wellness efforts, getting an obese individual working towards his or her own wellness should not be too hard. It has to be a group effort for support and encouragement. That is one of the principles behind Weight Watchers, the 12-step programs, and – for that matter – TV’s “The Biggest Loser.”
What do you think about employer-sponsored wellness programs?
I am clearly in favor of them. They have to be properly designed and incentivized in order to be effective. That means the leadership needs to be involved in them too, and there has to be public recognition and tangible benefits – even small ones – to encourage ongoing participation
Are there any “pre-canned” programs out there an employer can use rather than reinventing the wheel? Do you recommend them?
Each program has to be tailored for the specific work situation. Something is better than nothing, but whenever feasible I would suggest seeking the advice and participation of a consultant who is experienced in these issues and has a track record of success they can point to. (WCxKit)
There is a really good article in the magazine Inc. that addresses these programs. See How to Build a Wellness Program. There are an abundance of commercial firms interested in getting consultant business. Read the article first.ThTTh
Author: Alice M. Martinson, MD has practiced for 40 years as a board-certified orthopaedic surgeon, 25 of which were as a Naval Medical Officer. Relying on her extensive military experience with injury evaluation, she performs IMEs and consults on loss control issues. Contact: 870-480-7475 or
docalice@aol.com. To read more about "Doc Alice,” go to our Directory at:
http://reduceyourworkerscomp.com/workerscomp-medical-doctor-advisors.php.
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.
Travel as a Stress Factor
The American College of Occupational and Environmental Medicine reported employees who travel more than two-thirds of the month are more than two and a half times more likely to rate their health as poor than workers who travel less often.
According to HeartMath.com, the heavy travelers were also 92 percent more likely to be obese and had higher blood pressure and cholesterol than their co-workers who were only traveling one or two times per month. (WCxKit)
Authors of the study attributed the health discrepancies to the long car rides, unhealthy food, and disrupted sleep patterns that usually happen when someone spends a great deal of time away from home.
Interestingly, the research involving 13,000 employees also discovered that workers who did not travel were not as healthy as those who traveled lightly. The authors said this is likely due to the fact unhealthy workers are less likely to be put on travel assignments.
The researchers commented that organizations that want to assist their hard-working employees attain improved health may want take initiatives like implementing employee wellness programs and offering gym memberships.
High Level vs. Low Level Stress
While it is common knowledge that high levels of stress have detrimental effects on an individual's mental and physical health, a new study reports that even moderate anxiety may increase a worker's chance of disability by 70 percent. The study was published in the Journal of Epidemiology and Community Health.
According to a report from Heartmath.com, researchers examined the journal's data of more than 7,000 employees from 45 to 65 years of age over a five-year period. They discovered that the results supported long held beliefs regarding the health of those under intense stress but were surprised about the effects of everyday anxiety on individuals, a number that was high even when they corrected for lifestyle habits. An abstract of the journal's study indicated scientists looked at the combined effects of work stress and socioeconomic position. Figuring in socioeconomic position, occupational position and educational level, scientists found stress is related to angina pectoris, depression, and poor self-rated health. All three measures in the journal study created additional work stress but poor health was highest in cross-sections combining high work stress and low socioeconomic position.(WCxKit)
The abstract reads, "Although stress at work was related to poorer health in the total study group, the strongest associations were consistently observed in men and women with low educational level or low occupational position. Worksite health promotion should be directed primarily towards these target groups."
Authors of the study commented its results could have important implications for modern employers, who seem to be placing more stress on workers than ever.
"Are the strains and demands of modern society commonly exceeding human ability?" researchers asked.
Stress accounted for one-fourth of disability claims related to physical illness, and two-thirds of those stemming from mental issues. (WCxKit)
Further, nearly 40% of employees in a Chartered Management Institute (CMI) study pointed to their supervisor as a chief contributor of workplace stress. An additional 34% said their boss makes work less enjoyable and 10% blamed the boss for their poor health, as reported by website Heartmath.com.
Joe Robinson of the Huffington Post concluded workplace stress triggers the brain's panic responses saying, " Stress constricts your brain to the perceived crisis and inhibits all the things that can reduce the stress, such as relaxation, recreation and play." This kind of stress can lead to anything from adrenal dysfunction to back pain, he said, noting that a relaxed breathing techniques are among the best tools for reducing stress.
In addition to making sure staff members have manageable workloads, organizations may want to think about employee wellness programs in order to lessen workplace stress and improve employee wellness.
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.
Note: It is always tempting to present the plantiff attorney as a "big bad wolf" out to destroy the employer, to be thinking only of getting an obscenely large settlement for the injured employee, and thus pocket a huge fee. Let's keep in mind, most attorneys are in business to not only to make a living but to assist clients.
The plaintiff attorney assesses the probable outcome of a case when interviewing the injured employee. Given plaintiff attorneys usually work on a contingency fee basis they compare what can be anticipated in compensation from the injury claim, against the amount of time the claim will take on their part. While few attorneys specializing in plaintiff workers compensation turn down claims, they do limit the time and expense they are willing to invest in questionable and/or low value claims.
In evaluating potential workers comp claims attorneys consider these points. (WCxKit)
1. Is there compensability?
The first thing the plaintiff wants to know is whether the claim is compensable. The injury must have occurred on the job and within the scope of the employment. If the answer is yes to both on the job and within the scope of job, the next question becomes did it happen in the state where the attorney practices law. Also, the attorney will want to determine if the claim will be a state worker compensation claim or will the claim fall under the Federal Employees Compensation Act, Longshoreman and Harbor Workers Act, or other federal workers comp programs.
2. What is the injury?
An excellent case of compensability means little to the plaintiff attorney if the injury to the employee is insignificant. The nature and the severity of the injuries are key to the time and effort the plaintiff attorney will put into the claim. A cut finger means nothing to the plaintiff attorney. An amputated limb can mean a substantial compensated claim, translating into a good fee.
3. Who is the treating doctor?
The experienced plaintiff attorney will know the reputation of every workers compensation doctor in the local area. If the treating doctor has the reputation of being conservative in treatment, the plaintiff attorney may look for a reason or excuse to move the medical treatment to a more liberal doctor. The liberal doctor chosen by the plaintiff attorney may keep the employee off work longer and may give the employee the highest possible disability rating.
4. How long will the employee be off work?
The longer the employee is off work, the longer the employee draws temporary total disability benefits, of which the attorney takes a percentage. If the employee is already back at work, the attorney may look for ways the treating doctor can justify the employee being off work again. Some of plaintiff attorneys may even tell the employee, “The longer you stay off work, the bigger the settlement will be.”
5. What is the probability of a disability rating?
In most jurisdictions, the employee can “settle” the workers comp claim based on the amount of disability found after maximum medical improvement is reached. The higher the disability rating, the higher the potential settlement is. If the employee has a fracture or needs surgical intervention, the plaintiff attorney can anticipate a settlement range based on prior experience.
6. Are there any other claims that can be made?
Plaintiff attorneys explore whether there are other possible factors surrounding the worker's injury. Such as was the employee in automobile accident while working or if another party, other than the employer, is at fault. Not only can the attorney pursue a workers compensation claim, they can also pursue a liability claim against someone else. Perhaps the injured employee is entitled to file a social security disability claim.
7. Are there any barriers to recovery?
From the attorney's point of view barriers to recovery can an employee who: wants to go back to work; wants a quick settlement; may not want to have a surgical intervention or undertake some other type of extensive medical treatment to maximize the claim.
8. What are the employee's expectations?
If the employee is looking at the claim from the standpoint of getting a lifetime pension, and the attorney knows from experience the claim will settle for a smaller amount, the attorney looks at how to bring the employee's expectations into line. The plaintiff attorney does not want to invest a lot of time and expense in a case, only to see the employee cancel his representation and go to another attorney promising more.
9. Who is the adjuster and who is the insurance carrier?
The experienced plaintiff attorneys know the workers compensation adjusters and insurance company's defense counsel. They know which adjusters investigate the claims thoroughly and which ones do not. They know which adjusters are willing to pay a premium to get the workers comp claims settled, and which adjusters prefer to pay their defense counsel to fight any effort to maximize the claim. In addition, they know the reputations of the different insurance carriers when it comes to settling claims or fighting claims. (WCxKit)
10. How trustworthy is the employee?
The employee may be a career claimant who has had numerous workers compensation claims in the past and the present claim may be suspect. The attorney looks at the believability of the employee and if there appears to be any evidence of fraud involved in the claim.
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.
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.
In Tennessee, every employer who has five or more full or part time employees, is required to carry workers compensation insurance. Employers in the construction or coal mining industry must provide workers compensation coverage if they have any employees. Corporate officers may decline workers compensation insurance. But they are included in the count of employees. Family members working in the business are also included in the count of employees. State and local governments are exempt from the workers compensation law, as are employers of farm laborers and domestic help. But all can elect to purchase workers comp coverage.
Obtaining Coverage
To obtain workers compensation coverage in Tennessee, the employer has 4 options
1. purchasing a workers compensation insurance policy from an insurance company licensed to do business in Tennessee
2. self-insurance for the employer who has sufficient assets to self insure
3. purchasing insurance from the state owned Tennessee Workers Compensation Insurance Plan
4. setting up a self-insurance trust (WCxKit)
Claim Reporting
The employee must report the injury to the employer within 30 days in writing. when the employee receives medical care outside of the employer's premise. If the employer does not have actual notice, the employer must report the injury to the Tennessee Department of Labor within 14 days
Medical Benefits
The employer must provide the employee a panel of three physicians. From this panel, the employee will choose a medical provider. If it is a back injury, the panel must include a chiropractor. However, chiropractic visits are limited to a maximum of 12 visits under the workers comp law. If specialized treatment is needed, the selected medical provider will make a referral. At this time, the insurer or employer is required to form another panel of three physicians that offer the specialized medical care needed.
There are neither time nor monetary limitations on medical care. The medical care will continue as long as the authorized panel physician deems it necessary. Mileage to and from medical treatment facilities is reimbursed only if exceeding 15 miles. The mileage rate is set by the state.
Temporary Total Disability Benefits
The temporary total disability (TTD) benefits are calculated as two-thirds of the employee's average weekly wage earned over the 52 weeks prior to the injury. The TTD weekly maximum and minimum is adjusted each year on July 1st. The weekly maximum is capped at $867.90 for injuries occurring from July 1, 2011 to June 30, 2012. The weekly minimum TTD amount is $118.35. TTD benefits are paid every two weeks and can be for a maximum of 400 weeks.
The first 7 days of disability (the waiting period) is not paid to the injured employee unless the employee is disabled for more than 14 days.
Temporary Partial Disability Benefits
In Tennessee, temporary disability (TPD) benefits are paid if an employee is able to return to any type of work but is earning less than prior to the injury or working fewer hours per week. The TPD benefits are paid at two-thirds of the difference between the pre-injury wage and the post-injury wage.
Permanent Partial Disability Benefits
Tennessee employees who incur a permanent partial disability (PPD) are entitled to two-thirds of their average weekly wage, not to exceed a maximum of $789 per week. The minimum for PPD is equal to the minimum TTD benefit. For non-scheduled injuries, the maximum period of payments is 400 weeks. For scheduled injuries, the loss of a body part has a maximum of 200 weeks of benefits for a limb. The number of weeks declines based on the body part to only ten weeks of benefits for a toe other than the great toe.
Permanent Total Disability Benefits
Permanent total disability (PTD) benefits are set identically to PPD benefits. The exception is that if the worker is 100% disabled, the PTD benefits are payable to age 65 and may be offset by social security benefits. (WCxKit)
Death Benefits
Burial expenses in Tennessee are covered for a work-related death up to $7,500. The death benefits for a surviving spouse and dependents follow the same guidelines as TTD benefits. They are two-thirds of the average weekly wage up to a maximum of 400 weeks. If the spouse remarries, the spouse loses the benefit. But the children continue to receive the death benefit. until they are 18 years old, or 22 years old if enrolled in an accredited educational institution. When the deceased employee does not have any dependents, $20,000 is paid to his or her estate.
Author Rebecca Shafer, JD, President of Amaxx Risk 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.
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.
A Dorchester restaurant and bar and its owner have been accused of violating Massachusetts civil rights and public accommodations laws in a lawsuit filed by Attorney General Martha Coakley’s Office.
According to the AG’s office, the complaint alleges the eatery, Peggy O'Neil, engaged in a pattern of not allowing customers of color to enter and use the bar. (WCxKit)
“We allege that [Caron O'Neil, owner of] Peggy O’Neil engaged in discriminatory and unlawful conduct,” Coakley said. “No one who lives, works, or visits Massachusetts should be subjected to discrimination. All businesses must ensure that appropriate anti-discrimination policies are posted and adhered to within their establishments.”
The lawsuit claims that in December 2010, two men of Cape Verdean and African-American descent went to Peggy O’Neil, located in Dorchester, and waited in line with other customers as staff allowed numerous Caucasian customers to enter the bar in front of them. The owner, Caron O’Neil, who was working alongside bar staff allegedly said to the group, “This is your first time here, huh?” and informed them that they could not get in because it was too late. She allegedly told the group she did not “want any trouble,” that she didn’t know them, and that they should find somewhere else to go. At the same time, several white customers were allowed to enter the bar.
Later that evening, a second group of friends of Cape Verdean, Spanish and African American descent went to the bar and was also allegedly denied entry by bar staff. Bar staff asked them for their identification cards which they provided. The bouncer allegedly asked them if they knew the owner of the bar and who they were there to see. At the same time, other Caucasian customers were allowed to enter the bar, many of whom appeared to be intoxicated.
According to the lawsuit, O’Neil told the group that they could not come in the bar because they did not know the bar’s owner. She allegedly stated to them, “You don’t look like the type of people” the owner would know and “we don’t like people of your kind here” among other statements. The lawsuit further states that a third group of persons of color were denied entry to Peggy O’Neil in April 2011 and were treated in a similar manner. (WCxKit)
The Attorney General’s lawsuit is seeking monetary damages, civil penalties and permanent injunctive relief, in addition to a preliminary injunction requiring the defendants and Peggy O’Neil’s staff to comply with state and federal anti-discrimination and consumer protection laws, undergo anti-discrimination training, and implement an approved anti-discrimination policy.
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.
A national nursing assistant survey yielded some interesting findings as seen on the
Health Care Management Review website. Brought to our attention by Jennifer Christian, M.D., the study tells that nursing assistants (NAs) are an important human resource in health care. They provide direct care to more than 1.5 million nursing home patients in about 16,100 nursing home settings according to the Centers for Disease Control and Prevention. A higher turnover rate in the field (about 66 percent in 2007) among NAs may be linked to reduced quality of patient care in nursing homes, according to the study.
Naturally, workplace injury is a serious concern among NAs, the study states. Transformational leadership (TL) has long been popular among management scholars and health services researchers, but no research studies have empirically tested the association of TL with workplace injuries and absenteeism among nursing assistants (NAs).(WCxKit)
The cross-sectional study explores whether TL is associated with workplace injuries and absenteeism among NAs. They analyzed the 2004 National Nursing Assistant Survey data. A multivariate logistic regression analysis was performed to test the role of TL in the context of workplace performances and results revealed the TL model was positively linked to workplace injury in the level of NAs. Injury-related absenteeism was also associated with the TL style, indicating that TL behaviors may help address workplace absence among NAs.
Findings suggest introducing TL practices may benefit NAs in improving workplace performances.
Over the past 10-year period (1995-2004), about 800,000 nursing, psychiatric, and home health aides were injured in the workplace, the report says. Over the same period, 154 workers in the occupation were killed on the job. Nursing aides, orderlies, and attendants experience the third highest number of injuries and illness, exceeded only by truck drivers and laborers and material movers. (WCxKit)
In a prospective study investigating workplace injuries among NAs in Washington State, revealed that about 46 percent of the sampled respondents reported back and shoulder injuries. The study was based on a national survey and reports that more than half of certified NAs had at least one work-related injury in the past year. Prior studies have suggested that occupational injury may be blamed for the attrition rate of NAs.
Author Rebecca Shafer, JD, President of Amaxx Risk 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.
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.
Oklahoma Insurance Commissioner John Doak, recently reported the company, which manages the nation’s largest database of workers compensation insurance information, has filed a request with the Oklahoma Insurance Department to decrease the cost of workers comp insurance in Oklahoma.
According to Doak, the National Council on Compensation Insurance Inc. (NCCI) filed to reduce workers compensation insurance rates in Oklahoma by 1.7 percent starting Jan. 1, 2012. The Commissioner said NCCI attributed the rate drop to this year’s passage of Oklahoma Senate Bill 878. Before the passage of SB 878, rates were expected to increase again. (WCxKit)
Reforming Oklahoma workers comp law was high on Governor Mary Fallin’s agenda, and SB 878 received overwhelming support from both parties in the Legislature.
Author Robert Elliott, executive vice president, Amaxx Risk 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.
Posted in
Communication with Employees, Management Commitment, Risk Management, Safety and Loss Control |
