Wisconsin Notes $2 Million Job Training Hiring Initiative
Wisconsin Department of Workforce Development (DWD) Secretary Roberta Gassman announced a $2 million On-the-Job Training Hiring Initiative, funded under the American Recovery and Reinvestment Act (ARRA), to pay 50% of the wages plus fringe benefits for up to 90 days when employers hire people with disabilities.
”We have nearly 6,000 consumers who are ‘job ready,’ and this recovery-funded effort will help them reach their employment goals,” Gassman said. “These individuals have much to offer. I encourage employers in search of dependable, dedicated workers to consider hiring these individuals.”
The On-the-Job Training Hiring Initiative will be administered through the DWD Division of Vocational Rehabilitation (DVR). Job candidates will be referred from DVR’s pool of job-ready customers. The DVR provides employment and training services for people with disabilities.
DVR Administrator Charlene Dwyer called the program a “win-win” for DVR customers and employers. While DVR customers gain employment, the initiative lets employers train the DVR customer for half the company’s usual training cost per worker. The employer also becomes eligible for tax benefits in hiring an individual with a disability. (workersxzcompxzkit)
Dwyer added the process is easy for employers. Employers simply hire a DVR referral and process their employment paperwork as they would for any other employee. A one-page agreement with DVR, completed by the employer, will secure the employer’s OJT Hiring Initiative payment.
Author Robert Elliott, senior vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
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©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
PPD Claims in New York and Claim Strategy Effects on Employers
The March 13, 2007 changes in the New York work comp law regarding permanent partial disability (PPD) claims will trigger radically new claims strategies. Employers should be aware of the changes as they will have a profound effect on comp costs.
The new system is mathematically far more complex than the old and results will often be counterintuitive. For example, return to work in the old system worked immense disadvantages on workers only because of entrenched practices at the Board which rewarded claims in which there was no work activity.
The new system will give substantial advantages to claimants who return to low paying work rather than levels close to their pre-injury wages. Therefore, an early return to work program at the same or similar wages must become the center of efforts to reduce comp costs.
For workers with wages higher than $900/wk the differences are dramatic. A permanently partially disabled worker can receive lifetime payments of $315,000 returning to a minimum wage or part time job. However, that can be reduced to $21,000 if modified work at $765/wk can be provided by the employer.
It can be anticipated that many workers will be advised to engage in limited work by their attorneys to get the higher settlement. Earnings from actual work are presumptively correct as a measure of disability. New medical guidelines will be used when there is no work record to establish a level of disability.
An employer should realize that in New York work comp minimal levels of disability are often preferable to attorneys representing workers since settlement is done quite quickly, often without litigation. Although the legal fees are lower, the time spent is so small that these claims often produce the highest hourly returns for attorneys; $3,300 for a minimal permanent disability.
The maximum fees realistically obtainable will be approximately $45,000 for near total disability of a worker with pre-injury wages above $900/wk. However, the number of claims that fit that profile is statistically quite small. The bulk of fees will come from workers with wages in the range of $500-600/wk who have 50% disabilities, meaning a residual earning capacity of minimum wage work.
A workers’ compensation law practice is subject to the same immutable laws of economics as any other business. In time, emphasis must be placed on those claims that are the economic engine. An employer who provides for effortless settlement of comp claims will find the same incentives that apply to the worker’s lawyer – lower costs and less effort on claims. (workersxzcompxzkit)
So, the lesson for employers is to return their employees to modified duty at the same or similar wages as pre-injury.
Increased litigation costs may be an adverse result as carriers invoke the new law to limit their liabilities; lengthy litigation to avoid the unwarranted establishment of PTD can be anticipated.
Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.
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Section 15(3) (w) of the New York Work Comp Law, in effect since 3/13/07, provides for lifetime caps on permanent partial disability (PPD) claims. In the past, such claims have accounted for 60%-70% of all attorney fees, without which a comp practice is unsustainable. They also account for the bulk of legal defense fees.
New claims strategies will quickly appear as the first of the capped claims reach max payment on 7/5/11. Employers can anticipate certain strategies and plan to document levels of disability without carrier involvement by employing a methodology which conforms to the goals of the Americans with Disabilities Act (ADA).
In New York, numerous PPD classifications (20,000 settlements/yr ) were a major feature of the law and settlement of such claims was lucrative and essential to the size of the entire system.
However, high comp rates and a depressed economic market drove Albany to find a method of limiting lifetime benefits. Section 32 settlements, for the first time, permitted future medical to be resolved with a one time lump payment. Nevertheless, lifetime caps had to be created for the 75% of PPD claims that were never settled.
The caps alter the strategy of lump-sum and Section 32 settlements. Knowing precisely what the future exposure is and knowing that it will rarely exceed a few years, using the old Board settlement strategies, will disastrously limit attorney fees. It can be anticipated that new strategies will appear and that the principle one will evolve around returning the worker to actual, but low paid, work to lock in a high rate.
Actual work, as opposed to medical opinion about levels of disability, is presumptively correct as a measure of wage loss. The new statute provides for longer lifetime benefits for workers with higher percentages of wage loss.
An employer can anticipate the strategy of return to low paid work by proactive return to work offers beginning weeks, instead of years or months, after the injury. Periods of disability following a New York compensation injury have been known to be multiples of what they are for similar injuries which are not work related, but are covered by a disability plan – the difference being attributed to the fact that comp claims frequently end in a large lump-sum where lost time is ongoing.
From the passage of ADA in 1990, there has been a ticking time bomb created by inconsistent presumptions between ADA and New York work comp. ADA presumes that even the most disabled can work in many capacities given reasonable accommodation. NY work comp for six decades has presumed that even trivial injuries are presumptively totally disabling for years after the accident.
In the 1990s a case in NY was reported where a worker hearing a somewhat offensive remark made at the water cooler by a co-worker was awarded three years of psychiatric total disability and was given a substantial lump-sum settlement. ADA, in effect at the time, would have concluded there was no disability which could not be cured by moving the co-workers to separate rooms.
The employer, by offering return to work in a modified position at nearly full pay or higher, can establish a far lower level of workers comp disability by providing, if need be, reasonable accommodations. The work, observed by co-workers and with documentation of pay and accommodation, creates an almost impregnable proof of substantial wage earning capacity. It also creates an ally in the worker’s family, which rarely is supportive of a non-working member following advice to stay out of work in order to maximize a future settlement. (workersxzcompxzkit)
Legal strategies are generally arrived at in a fact-deficient vacuum. ADA accommodations can fill that vacuum with objective data that will prove invaluable years later when they confront belated efforts to maximize disability.
To be continued: An analysis of projected legal proceedings.
Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.
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Do not use this information without independent verification.All state laws vary.
©2008 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 American with Disabilities Act (ADA)
ADA, originally signed into law in 1990, prohibits employment-related discrimination against disabled employees and job applicants.
The ADAAA, effective January 1, 2009, substantially broadened the definition of who may attempt to seek protection under ADA, making it easier for an individual to establish “disabled” for ADA purposes.
“It’s a reasonable assumption the ADA amendment will likely lead to an increase in the number and variety of workplace accommodation requests. Many employers aren’t sure what to expect and may struggle with putting the necessary pieces in place,” said Dr. Robert Anfield, chief medical officer for CIGNA’s disability programs.
CIGNA Workplace Accommodation Services Program
CIGNA launches the CIGNA Workplace Accommodation Services program to help disability clients address the new requirements coming from the recently enacted Americans with Disabilities Act Amendments Act (ADAAA). Most of these services are included at no cost to CIGNA disability plan customers and help employees contribute to their full potential.
According to a study by the Job Accommodation Network, for every dollar invested in workplace accommodations, employers receive about $10 in return benefits including increased worker productivity and saved costs associated with training a new employee.
As part of CIGNA’s Workplace Accommodation Services program, employers can access counselors through a toll-free helpline and seek assistance with:
1. Identifying at-risk employees who may be headed for disability if steps aren’t taken to prevent it.
2. Create well-documented job descriptions assessing an employee’s or applicant’s ability to perform a specific job function.
CIGNA’s vocational rehabilitation counselors identify ways to keep people at work or return to work after a disability.
Workplace Accommodation Services’ Three Components
1. ADA Helpline and association with the Job Accommodation Network (JAN)
Provided at no cost, CIGNA’s ADA helpline gives disability clients access to experts who can help them more quickly connect to the right JAN resource and discuss CIGNA programs supporting ADAAA compliance. The helpline is staffed with certified and Masters-prepared vocational rehabilitation counselors, who have also attained Certified ADA Administrator designations and completed professional training from JAN.
2. Helping employees stay at work
Individuals with physical and/or psychological limitations associated with a progressive illness or condition sometimes fail to identify warning signs possibily leading to a disability. CIGNA’s counselors provide expanded intervention services, such as assessments of the employee’s ability to perform tasks required for the job position, ergonomic accommodations and assistance with equipment purchases, and an on-site review of the overall workplace environment. (workersxzcompxzkit)
In addition, CIGNA’s fee-based Job Analysis Service helps disability clients develop ADAAA-compliant job descriptions after a thorough review a position’s job functions within an organization and a process to identify a job’s physical and cognitive demands. This information helps a disability client objectively assess an employee’s ability to perform specific required functions and make informed job accommodation decisions.
3. Reasonable Accommodation Benefit
Available as part of CIGNA’s long-term disability plan coverage, CIGNA can help pay some of the costs required for a job accommodation, such as new equipment or technology that can return an employee to work.
Author Robert Elliott, senior vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
Workers’ Comp Kit Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
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©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
Eight Ways to Improve Your Safety Program You know those magazines at grocery store checkouts? The covers are full of headlines like "Top 10 Ways to Get in Shape" and "Earn More Money in Five Easy Steps." There's a reason these magazines are so popular: They give tips to busy readers in an easy-to-read format. With that in mind, here are eight tips to help busy employers like you improve your safety program, increase your productivity and control your workers' compensation costs. 1. Focus on safety early. Safety training should be a key part of your new-employee orientation process. Do not let employees start work until they understand the hazards of the job and demonstrate that they can do each task safely. Safety training also is important for current employees who take on new tasks. 2. Practice behavior-based safety. Behavior-based safety programs are all-inclusive. Everyone, from the president to front-line employees, works proactively to identify and eliminate hazards. Employees are accountable for not only their own safety but also their co-workers' safety. 3. Account for language barriers. If you have employees who do not speak English, use more pictures and fewer words to get your message across. Teach your supervisors conversational Spanish, or ask bilingual employees to interpret safety messages. Make sure Spanish-speaking workers understand that it's OK to report unsafe conditions and ask supervisors to repeat instructions. 4. Remember young workers. Every summer, millions of teenagers pound the pavement looking for work. If some of them land on your doorstep, remember that they're often inexperienced and scared to ask questions. One of the best things you can do to help them stay safe on the job is simply be approachable. Just like with Spanish-speaking workers, make sure teenagers believe that nobody will reprimand them for pointing out hazards or admitting they don't understand safety procedures. 5. Fight substance abuse. Alcoholics and drug addicts don't always leave their problems at the door when they report to work. Sixty-five percent of workplace accidents involve substance abuse, and 10 percent to 20 percent of U.S. workers who die on the job test positive for alcohol or other drugs, according to the U.S. Department of Labor. You can clean up the problem by adopting a "zero tolerance" substance abuse policy. Your policy may combine pre-employment drug testing with "for cause" and random testing for current employees. Consult an attorney before you launch a substance abuse policy to ensure you comply with all laws. 6. Hire effectively. Good hiring practices can help weed out the type of employees who abuse substances and ignore safety practices. Good hiring practices include thorough background and reference checks, post-offer physical exams and drug screening. Make sure your hiring process complies with Americans with Disabilities Act. 7. Investigate accidents. Every gardener knows you have to pull weeds out by their roots. The same goes for workplace accidents. Your first priority when accidents happen is getting appropriate medical attention for the injured worker. Afterward, investigate the accident as soon as possible to uncover and correct the root causes. Treat near-accidents in the same way. workersxzcompxzkit) 8. Prepare for emergencies. Natural disasters are among the few hazards that employers in all industries face. Make sure your employees know exactly what to do during a fire, tornado or other emergency. If you have more than 10 employees, the federal Occupational Safety and Health Administration requires written emergency preparedness procedures. Author: Joey Lucia is a loss prevention supervisor at Austin-based Texas Mutual Insurance Company http://www.texasmutual.com the largest provider of workers' compensation insurance in Texas. (800) 859-5995. Email: information@texasmutual.com
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©2008 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 Three Headed Monster
At times your workers’ compensation claims can be complicated by FMLA requirements. FMLA or the Family and Medical Leave Act is a federal law allowing employees to take up to twelve weeks of unpaid leave per year to care for themselves, or for a seriously ill family member, or for a new child without losing their job or health insurance.
When dealing with these complex issues, remember to look at each individual item separately. It is as if the one injured body has three heads; one for work comp benefits, one for FLMA, and another for ADA (Americans with Disabilities Act). Review the laws specific to your workers’ compensation claim separate from FMLA or ADA. My point is, that it is okay if an injured workers falls into one, two or even all three categories, but each should meet the criteria on its own merits and not because of the workers compensation claim.
Do not combine the issues, but rather compare and contrast the benefits of each and making sure you meet the criteria of each, noting where there is overlap between them. Many companies give notice of FMLA notification at time of injury.
For more information on FMLA contact the Department of Labor at (866) 487-9243 or check out their website at http://www.dol.gov/esa/whd/fmla
For information on the Americans with Disabilities Act of 1990 see http://www.eeoc.gov/types/ada.html
For information on workers compensation benefits check out your state specific information. Iinformation for each state which you can find on their website at STATE LAWS http://reduceyourworkerscomp.com//laws_and_regulations.php or www.workerscompensation.com
Victoria Powell is the President of VP Medical Consulting, LLC located in Central Arkansas. VP Medical Consulting is a nurse consulting firm providing services to employers, insurance companies, attorneys and the general public. Services include case management, life care planning, legal nurse consulting, ergonomics and patient advocacy. Ms. Powell holds specialty certifications in a variety of nursing specialties. She can be reached through the web at http://www.vp-medical.com/ or at 501-778-3378.
Reduce Your Workers Comp: www.ReduceYourWorkersComp.com/
WC Best Practices Quick Check: http://www.workerscompkit.com/intro/
Workers’ Comp Kit Books & Guides: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
Do not use this information without independent verification.
All state laws vary.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
Recently in a discussion with a colleague about the various aspects of hiring, accommodating, providing modified duty in the case of workers’ compensation and, heaven forbid, firing an employee with a disability, she told me it was “tricky.” Well, that’s true! But being informed and communicating policies clearly takes the “mystery” out of managing disabled workers and those who may become disabled following a work-related injury.
Don’t Let This Happen to You!
A maintenance worker with a visible disfigurement as a result of sustaining severe burns to his body in a house fire began working for a company nearly three years ago. The worker was physically capable and willing to perform all his job duties, but was fired after meeting the acting district manager, who reportedly said he “noticed he (the employee) was handicapped, deformed or something,” and “it’s clear he (the employee) can’t get the job done.” Cost to the Employer: $95,000 and court mandated training programs.
See: WCK Blog: “Maryland Facility Pays $95,000 for Disability Law Suit” at
http://blog.reduceyourworkerscomp.com/?p=502
Instead Be Aware!
ADA: Americans with Disabilities Act Discusses circumstances where an employer is obligated to accommodate employees with a disability able to perform the “essential functions of the job” with or without an accommodation.
Fact: 50% of ADA claims involved injured workers collecting workers’ compensation. It’s important to coordinate your transitional duty (TD), light duty, modified duty policy with ADA and FMLA requirements.
COBRA: Consolidated Omnibus Budget Reconciliation Act) defines rights of employees when no longer eligible for employer-paid health coverage and other benefits.
ERISA: Employee Retirement Income Security Act outlines employers’ obligations to continue benefits for employees with long-term disabilities.
FMLA: Family and Medical Leave Act requires employers to give employees unpaid leave for up to 12 weeks if the employee or family member has a “serious health condition.” Employers need to be aware of the possible obligation to extend FMLA benefits if an injured worker does not want to participate in the company’s transitional duty (TD) program. (workersxzcompxzkit)
See: WCK Blog: http://blog.reduceyourworkerscomp.com/?p=369
“Interviewing, Workers Compensation and Americans with Disabilities Act”
Disability and Employment Laws Vary from State to State: Have all policies and procedures used for the workers’ compensation management initiative reviewed by your insurance and legal resources.
Author: Robert Elliott, J.D.
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©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
Asking Acceptable Questions When Interviewing Workers Under ADA
Since the enactment of the Americans with Disabilities Act (ADA) in 1990 job interviews often are needlessly uncomfortable for many employers. In addition, many workers’ compensation laws add additional restrictions on questions about prior workers’ compensation claims. Nevertheless, a skilled interviewer can obtain all the information needed about an applicant without coming close to violating statutes regarding disability.
Applicants inherently want to talk about themselves. In an interview with a comfortable atmosphere the most important characteristics – motivation and character -quickly emerge if the interviewer lets them. Therefore, if you want to learn more about the applicant, listen more and ask less.
People who are comfortable quickly allow a conversation to drift into areas regarding their strengths, principally what the employer wants to know. People plagued with negativity also let it be known without much prodding, if allowed to express themselves.
A young applicant, even with severe physical restrictions, does not acquire optimism and skills without an attitude allowing for the successful navigation around hurdles. Nor are such people a risk for extended disability. They have already learned what every vocational rehab specialist tries to instill – optimism and creativity in solving physical tasks.
In a job interview, describing the mental and physical skills of the job opening is as necessary as describing the hours, pay and benefits. No law prevents those from being discussed. A confident applicant has the sense not to apply for a position they cannot reasonably fill and will be the one to initiate discussion of possible problems.
It is more important to notice and remember indications of attitude catastrophe; the principal reason relationships go bad, than to focus on probing questions.
Try approaching the interview this way:
- Begin with basic questions not likely to elicit tension.
- Allow the applicant to talk, and expand, where the topic is comfortable.
- Listen and don’t assume.
- Supplement with brief descriptions of tasks and duties.
- Carefully listen to the responses.
Remember, job applicants are making a first impression on you. And in turn, the company is making a first impression on them. (workersxzcompxzkit)
Goal: A person who skillfully listens is more respected than a person who unskillfully talks, and is a person who learns what needs to be known.
Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.
Follow Us On Twitter: www.twitter.com/WorkersCompKit
Do not use this information without independent verification.
All state laws vary.
©2008 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 Gaithersburg, Maryland-based storage facility will pay $95,000 and furnish other substantial relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC),
In its suit (Civil Action No. 8:08-cv-02498-PJM), filed in U.S. District Court for the District of Maryland, Southern Division, the EEOC said that Extra Space Management Inc. unlawfully fired James L. Hill II, a maintenance worker, because of a disability.
Hill, who has a visible disfigurement as a result of sustaining severe burns to his body in a house fire, began working for the company nearly three years ago.
According to the EEOC, although Hill was physically capable and willing to perform all his job duties, he was fired after meeting the acting district manager, who reportedly said that he “noticed he was handicapped, deformed or something,” and “it’s clear he can’t get the job done.”
The Americans With Disabilities Act (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability. The EEOC filed suit after first attempting to reach a settlement out of court. Extra Space Management did not admit liability in the consent decree resolving the case, which is pending judicial approval. (workersxzcompxzkit)
In addition to the monetary relief to Hill, the consent decree provides that all employees and management staff at the Gaithersburg facility as well as 14 other locations in Maryland and northern Virginia will have at least two hours of training on the requirements and prohibitions of the ADA.
Additionally, all newly hired managers and supervisory personnel will receive ADA training within 30 days after their employment commences.
“Employers must make employment decisions based on the employee’s ability to perform the duties of the job, not because of the prejudices of others,” remarked Debra Lawrence, acting regional attorney of the EEOC’s Philadelphia District, whose jurisdiction includes Maryland.
Author: Dave Thomas is editor of Daily Insurer Blog and a contributor to this blog. Visit him at http://dailyinsurer.blogspot.com/.
Click on these links to try it for yourself.
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Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
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