New Zealand-based Tegel Foods Ltd. has been fined $41,250 following an accident at its Christchurch factory, where one of their 1,700 employees was injured using an unguarded machine.
According to information from New Zealand’s Department of Labour, the Christchurch District Court also ordered the company to pay $5,000 in reparation following the accident on 6 October 2010 which resulted in the employee having the top of her finger amputated. (WCxKit)
“The employee was feeding meat through the mincer and her left hand was positioned close to where the meat comes out. Due to the fitting on the mincer, the rotating blade was exposed while the machine was in operation,” said Department of Labour’s Christchurch Service Manager, Margaret Radford.
“The employee’s left ring finger came into contact with the rotating blade and had to be amputated at the first knuckle. Our investigation found that there were a number of things the company should have done to prevent this employee losing the top of her finger.
“The rotator blade should have been guarded and a hazard review should have been completed with the employee when she began work on the mincer. A safe operating procedure for operating the mincer was also missing.
According to Radford, since the accident, Tegel Foods has placed a guard on the mincer and has developed a safe operating procedure and hazard register for this type of machine. It emerged in court that the company has now decommissioned the machine. (WCxKit)
Last year, the Department launched a nationwide project to help reduce the number and severity of machinery-related accidents. In the first year of the project inspectors visited more than 1,400 workplaces to talk with employers and increase their awareness of machine guarding.
Note: this is ALSO a potential product liability claim, and an employer may wish to file a third-party action against the manufacturer of the equipment. Make sure your insurance companies are filing such claims for injuries which occur on equipment manufactuered by another company.
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. She is the author of the #1 selling book on cost containment, Manage Your Workers Compensation: Reduce Costs 20-50% www.WCManual.com.
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
Quality control does not just apply to files, it can also apply to personnel handling files. When you make that choice for a carrier or third-party administrator (TPA), you want to be confident the adjusters and managers handling your claims are qualified to do so, and that they are representing your company in the best way possible. Below we discuss some general employee screening tactics along with some quality control tactics used on claim files.
1. Multi-level screening of adjuster candidates
Most carriers/TPAs actually prefer to hire entry-level candidates that have no experience. When you talk to your adjuster to see how they got started in this business, a good percentage of them will say they just “fell into the business.” This happens because of the way HR departments look for new candidates.(WCxKit)
Carriers/TPAs will require their candidates to be college graduates. It also helps to have a degree in some area that applies to insurance. This could be economics, accounting, finance, human resources, criminal justice, etc. That is not to say someone with a different degree would not qualify, but it is probably not the carrier/TPA’s first choice for the perfect candidate upon first glance. The best carriers/TPAs provide career path training so trainees know what they must do to move to the next level. In addition to onsite training, virtual training may be offered so new adjusters can commute virtual to training.
As the adjusters move forward with their careers, they attain the AIC (Associate in Claims) designation from the AICPCU (The Institutes), which is a nationally recognized program. At each career path level the adjuster also has in-house and some external courses to complete to meet their educational requirements to be promotable. There is also annual compliance training, which includes insurance fraud awareness training.
The candidate will also have to pass a credit check, and a normal criminal background check. They also have to be verified to be eligible to be considered as a “fiduciary agent” since they will be making payments for your carrier/TPA on behalf of another party. So it makes sense that you have to be good with money, and have no blips on your personal history that could be construed as potentially negative to employment with said company.
2. Proper, extensive, continued training and education
Going back to carrier/TPAs looking for candidates with little to no experience, this is because the carrier/TPA does not want anyone bringing bad habits into a company that they may have learned other places. Once hired, they will be sent to an extensive claims school, or formal training program – normally these are in-house training facilities. They will learn the skills from veterans of the insurance industry. They will handle fake claims to go through the motions, and the education on the medical aspect can be fairly thorough.
Once they are established adjusters, continued education is still required. An adjuster usually has to obtain a certain amount of extra training and education every year. This is obtained by attending legal/medical seminars, taking online courses, or obtaining an insurance designation such as an AIC (associate in claims). In most cases, it does not matter how many years of claims adjusting you have under your belt, carriers/TPAs still require you to stay current with legal changes, medical techniques, etc. The adjuster role is one that is constantly being improved and educated at all times.
3. Two week manager brief review on new files
When new files come in, unless it is a very minor claim or a “report-only” claim with no medical treatment, the claims manager will review the file at or around the two-week mark. This way, the contacts have been made, a medical diagnosis is obtained, and it is fairly clear if a claim is lost time or not. The manager can then set another date for review depending on the future outlook and risk drivers on the claim, and go from there at the 60-day mark.
4. Sixty-day status report
A 60-day status report is the first formal report on a claim the adjuster makes to the file. This report will usually go in the file, and will be reviewed by the unit manager. This report summarizes the contacts made, the medical obtained, and the future outlook on the claim. It also will address the reserve amounts. Most carrier/TPAs will place a default reserve in the file once they get assigned to it, and they will address those amounts at this 60-day mark. The manager again will review the report, make recommendations on the file, and place another date to further review the file as needed.
5. Status report: 120-150 days in
This report will assign the current and future exposure on the claim. By 150 days, It will be fairly clear if this will be a long-term large exposure claim or not. By this time, an injured worker may have had surgery, or has surgery pending. Or, using the flip side, at the 150-day mark the worker may be released from medical care and the file will be set to close.
Reserves will also be placed in the file for the long-term exposure. This is when the large reserve increases will be made depending on the file exposure based on risk drivers. Again, by this time in the file, it will be known what the future should hold.
6. Roundtable of higher-exposure files
For a complex file, around the 150-day mark, a roundtable may be set to discuss the claim with senior adjusters, managers, and probably the employer. If several parties are involved, they will be brought together to discuss the future of this claim. If the exposure is there, the file may be assigned to a senior-level adjuster. The roundtable is used to brainstorm the file and come up with ways to limit exposure. This could be by assigning a nurse case manager, review by legal counsel, or creation of a light duty job to reduce wage loss exposure. Whatever the reason for the roundtable, it is a common tool used to the carrier/TPA to come up with ways to move the file onward towards the common goal which could be return to work, release from medical care, or overall redemption of the claim through a settlement.
The best TPAs include medical professionals on the roundtable teams such as mental health professionals to determine if there is a mental health component to the claim and, if so, RNs with mental health expertise may be assigned to the claim.
7. Following up with involved parties
Whatever the claim may be, quality control is best assessed by proper communication with all parties. Adjusters should be talking to employers to keep them up to date. Adjusters should be talking with their on-site nurses or with their vocational counselors. Adjusters should be talking with plaintiff counsel or defense counsel to keep the file moving towards resolution. Carrier/TPAs always preach trying to keep all parties current and up to date with the activity of the file. Lack of communication is a recipe for disaster, no matter what the exposure is on the claim. (WCxKit)
In summary, carriers or TPAs have several tools they use to maintain that the work product they put out is of top-notch quality, no matter what the exposure. We have touched upon a few here, and these will vary slightly from carrier to carrier and from TPA to TPA. You should ask your adjusters and managers at your carrier/TPA what they do to maintain quality, and let them take you through the process. The more you know, and the more involved you can be, the better outcome your claims will have.
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.
Comparison Report Generator is one of the new features on WorkCompResearch
WorkCompResearch (WCR), the nation’s leading workers compensation Compliance and Regulatory Research System, has recently been enhanced with a new Custom Comparison Report Generator (CCRG), designed to allow members to create and print instant comparative reports for a variety of compliance topics for up to 53 jurisdictions. The CCRG is based on a more limited Topic Comparison service previously offered in the WCR Compliance Center.
WorkCompResearch is one of several comprehensive data services offered by WorkersCompensation.com .
The report generator is now positioned with the State Comparative Charts that the company has maintained for years, but, according to Robert Wilson, WorkersCompensation.com President & CEO, the CCRG represents the future of WCR comparative data systems. “The Comparison Report Generator is the first generation of dynamic data manipulation, and represents the future for our custom information delivery services,” Wilson says. “Eventually our 50 State Comparative Charts will be driven by similar systems, being dynamically generated for the end user in real time, and on demand.” (WCxKit)
According to Wilson, the underlying system will allow the WCR service to provide even greater flexibility for their subscribers, while easing the maintenance burden on their Compliance Department. In addition to the Comparison Report Generator, which is now available in a beta format, the WCR service is expanding its Compliance offering with the addition of comprehensive Utilization Review and Medical Billing information. Kathy Lella, Vice President of Compliance and Research for WorkersCompensation.com, says that these additional topic areas have been among the most requested from the company’s existing subscribers.
For more information, visit WorkCompResearch.com or WorkersCompensation.com.
Robert Wilson, President & CEO, WorkersCompenstion.com.
WorkCompResearch (WCR), the nation’s leading workers compensation Compliance and Regulatory Research System, has recently been enhanced with a new Custom Comparison Report Generator (CCRG), designed to allow members to create and print instant comparative reports for a variety of compliance topics for up to 53 jurisdictions. The CCRG is based on a more limited Topic Comparison service previously offered in the WCR Compliance Center.
British businesses have been reminded about new incident reporting arrangements that were introduced starting September 12, according to information from Health and Safety Executive HSE
Only fatal and major injuries and incidents will be able to be reported by phone to the HSE, with all other work-related injuries and incidents reportable under RIDDOR to be reported via one of a suite of seven online forms available on the HSE website. (WCxKit)
According to Trevor Carlile, director of HSE of Strategy, "This should not be a significant change for many, as more than half of reportable injuries are already notified to HSE through the website. The new forms are intuitive, quick, and easy to complete. The most important thing is that there will still be somebody at the end of the phone to assist those who are reporting a traumatic event that has resulted in a death or major injury.”
Later this month, the HSE Infoline telephone service currently providing basic information services to callers will end. Instead, from September 30, those seeking information and official guidance will be directed to the HSE website – a huge knowledge bank where they can access and download resources and use interactive web tools free of charge. Various improvements have been made to the HSE website to coincide with the closure of Infoline. (WCxKit)
There is clearer information on what HSE does and does not do, so people can check that HSE is the right organization to assist them, and expanded'question & answe' sections for the most frequent health and safety enquiries such as those on RIDDOR reporting and First Aid.
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.
The claim adjuster’s main role is to get an injured worker rehabilitated and back to work. The timeline on how this can happen depends on a multitude of factors, including the severity of injury, age of patient, prior injuries to same area, the diagnosis, and what the person does occupationally for a living. It is safe to assume a person who paints ceilings does a lot of overhead work. And if this person has 2 really bad shoulder surgeries, this worker is not going to be painting ceilings anymore.
Severe injuries and bad claims are going to happen. Sometimes there is no way around them. The main focus for risk management should be on the day to day, normal, medium-exposure lost time claims and how to save money on them. These are claims that have maybe 6-12 weeks of disability. These are the prime claims to be aggressive with and stop bleeding wasted claim dollars. (WCxKit)
But, a lot of the responsibility lies with the employer. The employer controls a lot of the future for the injured worker. Here are 7 excuses adjusters hear from employers when the adjuster wants to get injured workers off of work comp pay and back to work making either the normal wage, or a modified one, depending on the program outline.
1. No light duty work available
This is always the easiest excuse. A certain way to stop an injured worker from returning is to say you do not have anything for them to do within the medical restrictions. This is OK, if you want the employee to hang out at home and watch TV and make a good percentage of the gross pay. But the point is to stop that from happening. Create a job for this worker to do. Granted, not every employer has light duty work. Smaller shops are at a disadvantage since the number of tasks to do can be limited, but be creative. Have them do some painting. Let them sweep outside. Have them plant flowers. Chances are employers can find something for the injured workers to do.
2. Afraid of aggravating the injury
Another great excuse is “I am afraid my injured worker will aggravate the injury when returning to work.” Sure, that is a valid concern. But the worker could be injured worse by falling down at home, by falling in the grocery store, or by falling out of a fishing boat. Whatever the risk may be, it is everywhere not just at the plant. So that is a very weak excuse. Yes the risk is there, but not if you as the employer plan accordingly, and be smart about putting the worker back on light duty.
3. Afraid of new injury
“What if the employee slips or falls? I am afraid of having the worker here while hurt. The employee could hurt something else and be off even longer.” Another classic excuse. Yes, that is correct. That could happen. But again that could happen anywhere. If the injured worker has a knee injury, do not have them working outside by the loading docks while it is raining so they have a risk of slip/fall. It comes down to common sense. Have the claimant do something safe, and easy to do. The point is not to have them riding the edge of risk everyday until full duty resumes.
4. Afraid of the injured worker hurting someone else
And the third one in the series of “I am afraid” is the injured worker injuring someone else. And yes that is also possible. But again, use that common sense when reviewing these light duty prospective jobs. Customize them to the injured worker to minimize risk of injury. Stop those claim dollars on lost wages from going out the window for no reason.
5. Injured workers cannot be productive
This one is a more direct assertion. This is so variable I do not think I have enough room to talk about it. It comes down to customization of the job to the injury. If the worker has a hand injury, I do not think the employee should be packing boxes and taping them while also carrying them out to the loading dock. A guy with an ankle injury should not be running parts and materials back and forth across the length of your factory. Everyone can be productive if the circumstances are favorable to what the strong points are. If the machine operator is injured and cannot run the machine, but you know he has a knack for inventory and ordering parts, let him do that. Be creative.
6. No job description
A personal favorite is when the employer states they do not have a job description to send to the doctor to get work restrictions. Of course you know what that person does for a job as an employer overseeing that employee for what maybe 17 years. To the adjuster, that translates in to “I do not feel like typing out what he does in an email.” The carrier/TPA cannot “force” the employer to do anything. It comes down to your own commitment to the program to save money. Every little bit will count, and every little bit will go towards that main goal of saving “x” by the end of the year . But you have to put the time in to get the benefit out of it. And, an employer could visit the employer's facility yearly to observe all jobs.
7. Do not want to pay the worker the full wage to do a light duty job
Some welders for example that make a ton of money per year get paid the normal wage to answer a phone. That is a pretty good job to have! Remember, in most states you do not have to pay them the full wage. The employer can pay them what they would have made being off on workers compensation. Now that is a bit of a low-blow to the worker, but if you want to be that tight about your program then you can run it that way. Or, better yet drop their pay down to “x” per hour to do light duty, and let your carrier/TPA pay the worker a partial wage check. It is better than the worker sitting at home and getting full workers comp pay. This way, the employee is on light duty work for 2-4 hrs. per day, the carrier pays the rest, and the employer looks like a genius by how much this will save in the long run. (WCxKit)
Summary
These are only some of the excuses heard to avoid a proactive transitional work program. At the end of the day, it is your job as the employer to set the tone for being proactive. Team up with your HR dept. and make those job descriptions. Be creative about light duty work and what a person can do, then base a wage on it. That does not mean your welder that makes $35/hr. always has to make that high of a wage. In light duty, maybe drop the rate across the board and if someone is owed a partial compensation wage check then that is okay. It is still better than letting the injured worker control the claim, since the only job would be to check the mail for a compensation check.
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. She is the author of the #1 selling book on cost containment, Manage Your Workers Compensation: Reduce Costs 20-50% www.WCManual.com.
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
The Occupational Safety and Health Administration (OSHA) revised a directive that provides guidance on OSHA procedures aimed at eliminating hazards and reducing worker injuries, illnesses, and deaths during commercial diving operations, according to the agency.
"Commercial divers who spend extended periods of time underwater are exposed to hazards such as drowning, circulatory and respiratory problems, and hypothermia," said assistant secretary of labor for occupational safety and health Dr. David Michaels. "The guidance provided in this directive will help ensure consistent enforcement and compliance with OSHA's commercial diving operations standards."(WCxKit)
OSHA's commercial diving standard (29 CFR 1910 Subpart T), issued in 1977, applies to diving and related support operations in the general, and construction and maritime industries. OSHA published a Federal Register notice in January 1985 that exempts scientific diving from the commercial diving standard's requirements if those diving operations meet certain conditions. OSHA amended the standard in February 2004 to allow recreational diving instructors and guides to comply with an alternative set of requirements instead of the decompression chamber requirements in the existing standard.
This revised directive updates 2006 commercial diving operations directives. Changes in the current directive include:
1. Providing information to OSHA compliance officers, consultants, government and industry groups in support of interventions to help minimize worker exposure to commercial diving hazards.
2. Listing answers to commonly asked questions about commercial diving operations.
3. Clarifying the requirements for and duties of workers who assist divers with their diving suits and gear, communications equipment, and other functions.
4. Updating the instruction to ensure that current editions of other OSHA instructions, as well as industry standards and manuals, are referenced.
5. Updating the instruction about no-decompression air dives (Appendix D) based on Revision 6 of the U.S. Navy Diving Manual.
6. Additions to electronic links to enhance the directive's web-based usability.(WCxKit)
Also included in the directive are inspection procedures for before, during and after dives, equipment maintenance, and recordkeeping requirements.
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.
By Martha J. Cardi J.D.
Think workers comp is hard to manage? Try FMLA, state and other leaves of absence.
These overlapping and ever-changing leave laws are so complicated many employers either grant too much leave in fear of being out of compliance, or refuse leave that legitimately should be granted, exposing the employer to risk of lawsuits.
How employers (and/or their TPAs) manage
FMLA can have a big impact on costs, productivity, employee morale and, perhaps most important, reduce the risk of legal action for claims of noncompliance. Quite simply, it pays to devote the resources to make sure it is done right.
To give you an idea of how complicated managing these leaves can be, consider three hypothetical scenarios and how they should be correctly handled. While reading, keep in mind that, while these scenarios look overblown, in real life they actually can get much more complicated than this.
1. Pregnant Employee With Multiple Births
This scenario illustrates the interaction of FMLA and state leaves for an employee with a complicated pregnancy.
Judy in Massachusetts is employed by a company that is covered by both the FMLA and the Massachusetts Maternity Leave Act (MMLA). She becomes pregnant with multiple fetuses with a due date of October 15 and is put on bed rest by her OB effective April 15. On August 30 she delivers eight babies, all of which survive.
How much job-protected leave does Judy get, and under which statutes?
1. The MMLA covers only the birth or adoption of a child or children, not pre-birth pregnancy-related disabilities. Therefore, the MMLA does not cover any of her pre-birth time off.
2. The FMLA does cover pregnancy-related disabilities, so this provides job protection for Judy for up to 12 weeks during her period of bed rest.
3. After 12 weeks, Judy exhausts her FMLA on July 8 (assuming she has not taken any other FMLA time in the prior 12 months).
1. Judy is out of FMLA and the MMLA has not yet come into effect. She is likely still protected, however, under the Americans with Disabilities Act (as amended by the ADA Amendments Act effective January 2009) and under the Massachusetts equivalent nondiscrimination law.
2. Judy also may be protected by both federal and Massachusetts sex or pregnancy discrimination laws if her employer allows leaves of absence to employees for non-pregnancy-related temporary disabilities.
3. Her employer would be wise to provide an extended leave of absence due to her pregnancy and/or pregnancy disability to cover the period from
FMLA exhaustion until the MMLA provides the employee with parental/bonding leave.
August 15 -
Once Judy has given birth, the MMLA allows eight weeks of job-protected leave per birth or adoption. So, for having eight babies, she is entitled to 64 weeks of leave, eight for each baby.
2. California Family Rights Act and FMLA
This scenario about how FMLA and state laws interact in a domestic partnership with multiple illnesses shows how the timing of multiple leaves can have a huge impact.
Marie and her registered domestic partner Susan live together with Susan’s 10-year-old child, Thomas. Thomas is diagnosed with a serious health condition and needs physical care at home. Both Marie and Susan work for California employers that are covered by both the California Family Rights Act (CFRA) and the FMLA.
Can Marie and Susan take time off to care for Thomas?
1. Both FMLA AND CFRA provide 12 weeks of job-protected leave within one leave year to care for certain family members as defined by the statutes. As Thomas’s mother, Susan is entitled to take up to 12 weeks of job-protected leave under both FMLA and CFRA to care for him. Her leave under each act runs concurrently. After 12 weeks she has exhausted her FMLA and CFRA entitlements for her employer’s defined leave year.
2. After Susan has exhausted her leave rights, Marie takes time off to care for Thomas. Marie also is entitled to 12 weeks off under each leave act. CFRA provides time off to care for a child with a serious health condition under two conditions. (1) If the child is the child of the employee’s domestic partner and/or (2) a child with whom the employee stands “in loco parentis” (in the place of a parent or like a parent, providing care and/ or support).
3. The FMLA does not provide leave to care for the child of a domestic partner, but does provide time off to care for a child with a serious health condition if the employee is in loco parentis to the child. Because Marie, Susan, and Thomas all live together and Marie helps provide financial support and parenting care for Thomas, she qualifies for this leave and in caring for Thomas, exhausts both her FMLA and CFRA rights for the leave year.
Note that the result would be the same if Marie and Susan work for the same employer. Neither FMLA nor CFRA require parents employed by the same employer to share time off to care for a child with a serious health condition.
To understand the complexity of these laws, suppose that before Thomas’s illness, Susan had experienced her own serious health condition. Marie stayed home from work for 12 weeks to provide Susan with physical care during her injury and recovery. This leave is covered by CFRA, which provides leave rights to care for a registered domestic partner with a serious health condition. Susan has exhausted her CFRA time for the leave year, but, her time off does not count toward her FMLA leave rights, as the FMLA does not provide job-protected leave to care for a domestic partner with a serious health condition.
Then when Thomas becomes ill with a serious health condition and needs physical care at home. Marie can take another 12 weeks of leave during the leave year to care for Thomas because she stands in loco parentis to him, and her FMLA rights were not exhausted during her time off to care for Susan.
Note that if Susan’s and Thomas’s serious health conditions occurred in reverse order, Susan’s CFRA and FMLA rights both would have been exhausted in caring for Thomas first, and she would not have had any job-protected time left under CFRA to care for Susan.
3. Caring for an Injured Military Service Member
This scenario illustrates how caring for someone injured in the line of duty differs and interacts with caring for an injured civilian.
Henry is an employee of a company covered by FMLA. When his son, Josh, a serviceman in the US Navy, is injured on an aircraft carrier during an engagement and is sent home, can Henry take time off to care for Josh?
An employee may take up to 26 weeks of job-protected leave in one 12-month period in order to care for a son, daughter, spouse, or parent who has been injured in the line of duty on active duty, or if the employee is designated by the injured service member as his or her “next of kin” per the regulations.
The 12-month period is measured forward from the first date of leave for this reason, regardless of the method used by the employer to calculate an employee’s leave entitlement for other FMLA reasons (e.g., rolling back, calendar year, or other fixed year).
The 26 weeks includes the employee’s 12 weeks of leave for other FMLA-qualifying reasons, but the military caregiver leave must be applied first, so that if the employee does not use the full 26 weeks for caregiver leave, he or she still has the remainder of the 26 weeks, up to 12 weeks maximum, to use for other FMLA reasons.
Assume Henry’s employer uses the 12-month rolling backward method of calculating employee FMLA leave entitlements.
1. Henry has taken no previous FMLA leave since he became eligible, and may take up to 26 weeks to care for Josh.
2. Josh recovers and Henry is no longer needed to care for him after 8 weeks. Henry returns to work and under the regulations forfeits the remaining 18 weeks of military caregiver leave as a result.
3. A month after returning to work Henry requests FMLA time off to care for his wife, who has a serious health condition. His employer is required to apply the military caregiver leave first, up to the 26 weeks. Because Henry used less than 14 weeks of the caregiver leave entitlement, he still has up to 12 weeks of FMLA entitlement for other reasons.
4. Suppose, however, that five months before Josh’s military injury, Henry had taken leave because he adopted a child and took 12 weeks of FMLA leave to bond with the adopted child. When Josh is injured, Michael is still entitled to 26 weeks of leave to care for him, because the 12-month period for this leave reason is always measured forward from the first date of the leave. If his care is needed that long, he can take up to the full 26 weeks despite having taken 12 weeks within the past year, measured rolling backward.
5. Fortunately, Josh recovers within eight weeks, no longer needs Henry’s care, and Henry returns to work. Henry then forfeits the remainder of the 26 weeks of military caregiver leave.
6. A month after returning to work Henry requests FMLA time off to care for his wife, who has a serious health condition. Although Henry has only taken a total of 20 weeks, he no longer has any FMLA time available to use for his wife’s care. Looking back 12 months in accordance with his employer’s rolling back method, Henry has already taken 12 weeks of leave for reasons not related to the military caregiver leave (the adoption and bonding time). Thus, he has no regular FMLA time left to care for his wife.
What Should You Be Doing to Better Manage Leaves?
The takeaway from these examples is that leave laws form a complex web that continually has to be untangled for each case. In addition, these laws are constantly being amended and updated as challenges are decided on in court. (WCxKit)
Every employer should:
1. Make sure supervisors are aware that leave laws are complex and that they should not try to handle leave requests without help from their HR, benefits, or legal department.
2. Make sure supervisors are aware their attitude is important, and that if they respond negatively to requests for leave, it could be construed as FMLA interference and expose the employer to potential legal action.
3. Understand that employers do not have to grant every leave request just to avoid the risk of noncompliance. With proper understanding of leave laws, there are many ways that employers can reduce the burden of unnecessary leaves while still giving employees the leaves to which they are entitled.
Up-to-Date Leave Law Information is the Key.
No human being can be expected to hold this kind of complexity in his or her head, and researching leaves on various government databases is both time consuming and increases the risk of missing any important change or guidance on a gray area. Be sure you have the most current information on FMLA, state and other leave laws available in a format that is easy to search, complete and always up-to-date. If you encounter any “gray areas” in leave laws, be sure to seek expert advice to minimize the risk of legal challenges.
Martha J. Cardi J.D. is Chief Compliance Officer for Reed Group and Chief Editor of Reed Group’s Leave of Absence Advisor, a web-based resource for administering FMLA, state and other leave laws. More info at www.reedgroup.com. Contact at services@reedgroup.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.
The number of offshore oil and gas leaks that could potentially lead to a major incident has fallen, according to new safety statistics released by Great Britain’s Health and Safety Executive (HSE).
Figures from HSE show there were 73 major or significant hydrocarbon releases associated with offshore installations in 2010-11, compared with 85 the previous year. There were 61 recorded in 2008-09 – the lowest since HSE began regulating the industry. Overall, there continues to be a downward trend in the total of all reported hydrocarbon releases offshore.(WCxKit)
For the fourth year running, no workers were killed during offshore activities regulated by HSE and 2010-11 also saw a fall in the number of major injuries. There were 42 reported compared with 50 the previous year, bringing the total in line with the average of the previous five years.
The combined fatal and major injury rate fell to 151.8 per 100,000 workers in 2010/11, compared with 192 in 2009-10. There was also a continued fall in the number of minor injuries that led to three or more days off work, with 106; down from last year's 110 – which represents a new low in the over three-day injury rate.
There were 432 dangerous occurrences reported in 2010-11, 11 fewer than the previous year. More than a third were hydrocarbon releases (38.9 percent) and just over a quarter (25.9 percent) related to equipment failures.
Steve Walker, HSE's head of offshore safety called the statistics a step in the right direction. “It is encouraging that this is the fourth consecutive year with no reportable fatalities and a reduction in major injuries. But there is still much work to be done. Hydrocarbon releases are a key indicator of how well the offshore industry is managing its major accident risks, and the industry still hasn't matched or exceeded the record lows of two years ago. I welcome the industry's recent Step Change target of halving the number of hydrocarbon releases over three years. However, although there has been a reduction in oil and gas leaks, the industry needs to pick up the pace of improvement if it is to meet its own target. I expect all operators to be drawing up and implementing plans to achieve that goal.(WCxKit)
"The Gulf of Mexico disaster should continue to be a stark reminder of what can go wrong offshore. HSE will remain tough on companies that fail to protect their workforce by not investing in the fabric and workings of their installations or neglecting to implement effective management systems or workforce training" he said.
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.
New Zealand’s Department of Labor and Accident Compensation Corp. are consulting on behalf of the minister for ACC on five regulatory proposals relating to payment for treatment in the cost of treatment regulations. According to a report from the ACC, the study will cover these five areas.
1. Introduce a regulated rate for nurse practitioners.
2. Add three podiatrist procedures.
3. Increase the regulated price for GPs and nurses.
4. Make all rates in the Regulations GST-free.
5. Make two minor technical changes.
1. Introduce a Regulated Rate for Nurse Practitioners
Nurse practitioners were recognized under a 2008 amendment to the Accident Compensation Act 2001 as they have a wider scope of practice than registered nurses. However, ACC currently pays them the same rate as registered nurses as there is no specific rate in the regulations for nurse practitioners. The consultation document proposes a regulated rate for nurse practitioners.
2. Add 3 Podiatrist Procedures
There are three podiatry procedures managed by ACC under a letter of agreement, which was developed as an interim measure until the procedures could be added to the regulations. It is proposed that the three procedures are incorporated into the regulations so that the agreement is not required.
3. Increase the Regulated Price for GPs and Nurses
Each year, ACC is required by legislation to review the amounts relating to treatment that are prescribed by regulation. Following the 2010 price review, ACC recommended an increase for general practioners (GPs) and nurses in line with the increase paid by the Ministry of Health to district health boards. The consultation document proposes a regulated rate increase for GPs and nurses.
4. Make all Rates in the Regulations GST-free
When GST increased from 12.5 to 15 percent Oct. 1, 2010, the increase affected amounts paid by ACC under these regulations and required public consultation. Other ACC regulations are GST exclusive, so it is proposed that the rates in the regulations are also GST exclusive and the prices are adjusted accordingly.(WCxKit)
5. Make Two Minor Technical Changes
It is proposed to correct two minor technical errors in the regulations; these are to do with an incorrect GST increase and an incorrect code.
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.
The Health and Safety Executive (HSE) recently released the report on the Inspection Project conducted in 2010 looking at compliance with, and the effectiveness of, the offshore Safety Representative regulations, "Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989", commonly referred to as SI971.
According to a report from HSE, the findings of the report show that significant numbers of 'duty holders' (Installation owners and or operators) are falling short of the mark and in a few cases are well below the standard expected. In particular, duty holders are found to be failing to properly consult workers on issues affecting health and safety, a cornerstone to engaging and involving workers in health and safety matters. (WCxKit)
RMT Regional Organizer Jake Molloy noted, "We've had these regulations for 22 years now and for each and every one of those 22 years industry stakeholders have been speaking about ways of improving 'workforce involvement' in health and safety. What this report shows is the industry is fundamentally failing to involve workers in health and safety matters, as the most basic element in that process – consultation - is not occurring. It's clear the duty holders are either reluctant or unwilling to properly consult; after all they've had 22 years to get in the way of it! It's therefore time the Safety Reps were adequately equipped to fully engage with duty holders and compel them to consult with the workforce. To do this the scope of training for safety reps must be improved." (WCxKit)
In the "Conclusions" of the HSE report it states; "An area where DHs (Duty Holders) often failed to involve SRs (Safety reps) was in consultation. DHs should review their own practice on consultation to make sure they maximize the opportunities for SR involvement in decisions that affect health and safety."
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
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