Sometimes, despite an employer's best efforts, some employees just do not want to come back to work (not having to work for a steady paycheck is a pretty good deal). The usual way employees block their return to work is by exaggerating the physical demands of their job. When asked by the orthopedic doctor how much lifting the job entails, the employee remembers the one time in his 20 years of employment where he picked up a 90-pound bag of concrete mix. What the doctor hears is the poor employee is lifting 90-pound bags all day long. The orthopedic in an effort to avoid a malpractice claim, tells the employee you cannot do that, and keeps the employee off work for another month.
A lot of savvy risk managers and workers compensation coordinators are furnishing the medical provider with a copy of the employees written job description as soon as they know who the medical provider is or is going to be. This often helps to get the employee back to work as soon as the employee is physically able to return to work. However even with a written job description, there are times the doctor does not have a clear understanding of the employee’s job.(WCxKit)
With YouTube and all the other video display sites on the internet, the use of video to show and describe things is quite common. Video job descriptions are now easy to create, simple to watch and they make it much easier to understand processes when the medical provider is not previously familiar with them. There are also videos and photos on Facebook that are now commonly used to dispute claims on inability to work.
Before you start making a video of the employee’s job, stop and plans what you want to show. Read through the written job description. Does it cover everything the employee does? Ask another conscientious employee who does the same job how the written job description can be improved (no need to mention the other employee’s work comp claim). Be sure to make note of everything the currently working employee states needs to be added to, or taken out of, the existing job description.
Obtain a copy of the injured employee’s medical restrictions. Identify the limitations the medical provider has placed that are preventing the employee from returning to work (this will be important when making the video record of the job description).
Ask the working employee to allow you to video record the work routine, the daily task and the most difficult parts of the job. Be sure to capture on the video the way the working employee has to move, bend, stretch, twist, walk, sit, stand, etc. Show all repetitive motions. Show all lifting whether it is a 40-pound box of materials, or a feather-light single piece of material.
Be sure to have the sound turned on during the video of the job and ask questions. Some of the questions you will want answered in your video include:
1. How much does that item weigh?
2. How often do you have to pick up the item?
3. Is it easier to do your job sitting down or standing up?
4. How far do you have to reach?
5. How many times a day to you repeat that motion?
6. What can be done to make the physical demands of the job easier?
7. Show me the most difficult part of your job.
8. Without mentioning the injured employee, ask about each limitation that has been placed on the injured employee, for example:
a. “If for safety reasons we said not to lift more than 20 pounds, could you still do your job?”
b. “If you were unable to stand for more than four hours at a time, would you be able to do the job sitting down?”
c. “Would it make the job easier if you alternated between standing and sitting?”
d. “Would you be able to do your job if we limited the repetitive motion to XX repetitions per hour?”
Keep in mind there is the possibility that the conscientious employee will state “you cannot do this job if you cannot lift 40 pounds” or something similar that will validate the fact the injured employee is not malingering and really cannot return to work, yet.
If necessary, edit your video job description to keep the length down to about five minutes. That is about as much time as you can expect the doctor to take away from his/her many other duties to watch the injured employee’s video job description.
When you are satisfied the video record will answer all the potential concerns of the medical provider and properly portray the injured employee’s job, ask the nurse case manager to view the video job description. See if she has any concerns about the injured employee’s capabilities to return to work. If she does, determine how the job might be modified for the injured employee to return to work.(WCxKit)
The nurse case manager is a good way to get the video record in front of the medical provider. The nurse case manager can explain your desire to get the employee back to work and also explain how any necessary job modification will be accomplished to meet the injured employee’s restrictions. If necessary, add to the video any job description changes needed to accompany the employee’s restrictions, showing the way the modified job will be done. When the medical provider sees the employee can do the regular job, or a modified duty job, the formerly injured employee will soon be back to work.
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. 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.
Workers’ Compensation Costs Can Be Reduced by Implementing Operational Best Practices: Learn How With This New Guidebook.
A company that wants to implement a new workers compensation program or revamp an existing system will find this book helpful. Maybe your company has recently expanded and you realize the need to train a workers compensation manager or regional coordinators how to hold down compensation costs. Whatever your need, here is the answer:
Workers Compensation Management Program: Reduce Workers’ Comp Costs 20%-50%.
Used by more than 150 firms across the country, this is THE book to help every employer develop a more effective workers compensation program to reduce workers compensation costs. It is based on field research and decades of experience in workers compensation from all aspects of the business. Best practices are described in detail for each person in the injury process.
This easy-to-read manual has been updated for 2012. It now includes:
An index for quick topic look-up so you can view a term or a procedure and see all relevant references.
NEW – Workers Compensation Basics
Purpose of Workers Compensation
Who Pays for Workers Compensation?
Parties Involved in Workers Compensation
Benefits for the Employer
Independent Contractors
Benefits for the Employee
Injuries Covered
Types of Workers Compensation
How Losses are Categorized
How Losses are Reported
Calculating Your Premium
How Mod Effects Your Premium
Good/Bad Mod Example
Five Ways to Reduce Your Mod
NEW – Fundamentals of Cost Containment
Reasons Workers Compensation Costs are High
Who is in Charge?
Work Ability Form Properties
Who is Responsible for Managing Workers Compensation Claims?
Who is Responsible for Managing Workers Compensation Process?
Hidden (Indirect) Costs of Workers Compensation
Additional Costs
Calculating WC Costs
External Obstacles to Cost Control
Internal Obstacles to Cost Control
NEW – Working with Your Adjusters or TPA
Account Handling Instructions
MD Participation
NEW- Reporting a Claim
Critical Issues
Essential Intake Considerations
Nurse Triage
NEW- Directing Medical Care
Occupational Health Clinics
Remote Health Services
Directing Medical Care in California
NEW- Return to Work
What to Include in a Transitional Duty Policy
Non-Profit, Volunteer or Charitable Positions
Employees Who Never Return to Work
Coordinating WC with Federal and State Leave Statutes
NEW – Other Indemnity Cost Containment Services
Telephonic Disability Intervention
NEW – Medical Cost Containment
URAC Certification
Mental Health RNs
Chronic Pain Programs
An Aging Workforce
At Home Recovery Services
Medical Fee Schedules
Fee Schedule Coding
ICD-9 and CPT Codes
NEW- Physical Therapy and Physical Rehabilitation
Differences between Physical Rehabilitation Programs
Pharmacy Benefits Management Program
Authorized Drug Formulary
Toxicology Screening
NEW – Fighting Fraud and Abuse
Medical Terminology Used to Identify Malingering
Reviewing Investigation Reports and Videos
Avoid good Day/Bad Day Syndrome
NEW – Claims Resolution and Settlements
Conditional Payment and Final Demand
Pharmacy Component of MSA
California Settlement Process
A 183-page guide covering how to assess your workers compensation program, design program materials, roll out a program to the organization, and monitor and manage the program once implemented.
Written by a national expert on workers compensation cost containment with over 25 years experience helping companies reduce their losses 20% to 50%.
T. Ronca, a workers’ compensation defense attorney from Long Island, NY, said the
book is an invaluable desk reference. “It is one of the tools that should never be out of reach for a risk manager. Direct employer involvement with claims in the first weeks is the difference between success and failure. This manual will guide the conscientious employer through the pitfalls,” Ronca said.
What’s more, the book can be delivered with your company logo on the cover and a full-color ad for your company on the back cover.
Take it out to the field. Text tabs are available to put on each chapter and it is ready to go as your company training manual. All you will have to do is customize the Training Agenda that is in Part I of the book.
Included in the manual are topics such as: Return to work and transitional duty, claim reporting, employee communications, controlling fraud and abuse, directing medical care, medical cost containment solutions, post injury response procedures, reporting procedures, working with your carrier and third party administrator. There is information about physical therapy, pharmacy benefits management programs, training supervisors and gaining management commitment. It also contains concepts of claim settlement and resolution as well as safety and loss control. New areas are identified above.
There are 5 sample worksheets in the manual to help organize an efficient workers’ compensation program. These include: timetable for implementation, the injury coordinator job description, and several sample roll-out letters. We recently received a terrific phone call from a third-party administration firm saying how the manual provided an organized way to train clients at loss prevention and has helped their clients put "layers of better WC management" in place. Everyone benefited.
One large distribution firm wrote to us to say the chapter on safety and loss control led to a company-wide safety change that only cost a few hundred dollars but prevented a specific type of injury that had been draining its budget, says Rebecca Shafer, Esq., President of Amaxx Risk Solution, Inc. who authors the book. Shafer is a national expert on workers’ compensation cost containment with more than 25 years of industry experience helping many companies reduce their losses 20-50%.
When you order your copy of Manage your Workers’ Compensation Program from Advisen at
http://corner.advisen.com/wcbooks, the 183-page guidebook shows how to assess your program, design program materials, roll-out a program to the organization, and monitor and manage the program once implemented.
The workbook is also available with a customized front and back cover for bulk purchases. Discounted rates apply to bulk orders.
One company said, "After reading the manual, we took a look at past workers comp practices and saw that every department did things differently. Manage Your Workers’' Compensation Program 2012 gave us the guidance we needed to standardize our workers’ compensation programs across the country. It was like a pre-prepared lesson plan," according to the risk manager.
A regional hospital in North Dakota wrote that, "Our small company expanded rapidly and we actually didn’t have any official workers’ compensation program in place. This manual gave us step-by-step procedures from the first meetings with management to monitoring the final program. Buying and reading the book was almost like hiring another employee – one who was an expert in workers’ compensation."
Who Uses the Workers’ Compensation Book?
Risk Managers and Workers’ Comp Managers find it useful learning about the cost containment niche and use it for themselves and to bringing new team members up to speed very quickly. The book becomes a “lesson plan” tool.
Safety Directors use the book to train supervisors in workers’ compensation claims management. They learn more about their area of responsibility — post loss cost containment — adding to their overall knowledge. They also learn what to do after an injury and what steps are supposed to take place during the first 24 hours.
Brokers use it for prospects, as well as, to learn about specific aspects of cost containment, passing their knowledge on to their clients. For example, when discussing how to develop a return-to-work program and a client asks about, “off-site return-to-work programs,” the broker quickly finds the relevant section in the book, reviews it and passes the answer on to the client, along with a copy of the cost containment book with the broker’s logo.
Adjusters use the book to gain a better understanding of the employer’s perspective. Adjusters also want to learn more about cost containment to add to their overall workers’ compensation knowledge in order to grow their careers and stay abreast of new services.
Account Producers give the book to prospects during formal presentations to illustrate their company is on top of the workers’ compensation industry. The book makes an excellent client gift.
Vendors such as doctors, physical therapy networks, occupational clinics and medical management firms learn how their service might fit into the workers’ compensation marketplace, what is important to employers, and what they look for in medical services to enable the vendors to enter the workers’ compensation marketplace.
The manual is a cost-cutting tool to learn more about systematic and operational techniques for reducing workers compensation costs.
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 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, Workers Compensation Management Program: Reduce Costs 20% to 50%. 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.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
Posted in
Claim Audits & File Review,
Communication with Employees,
Coordinating Medical Care,
Federal Workers Compensation,
Fraud and Abuse,
Insurance Issues, Rates, Premiums,
Lowering Premiums & Experience Mod,
Management Commitment,
Medical Cost Containment & Managed Care,
Medicare Set Asides (MSAs),
Professional Development Issues,
Return to Work and Transitional Duty,
Risk Management,
Safety and Loss Control,
Settling WC Claims,
TPA and Claims Administration,
WC 101,
WC in Other Countries (International) |
It is never too late to start thinking about how to be more proactive when it comes to handling your insurance losses. You can implement a program or plan any time, provided you roll it out to the right people and your employees or workers understand the initiatives and reasons behind it.
Sometimes workers don’t understand how insurance works. Commercial insurance is a monster to address. It is hard to explain how an underwriter comes up with the numbers they do in order to assign a premium to your workplace. But the bottom line that should be communicated is that every dollar that goes out from the insurance company/TPA could affect the insurance cost. If you have higher costs, maybe you cannot give out higher bonuses. Or maybe increased costs result in certain workers not getting a pay raise. All workers will understand when you put it into a sense of how if affects them directly. So let’s go over some simple loss reduction techniques to refresh your mind for 2012:
1. Make a commitment to promoting safety
If you are going to do this, go all out. You need to establish the rules and procedures, and then you need to come up with a way to drill it into everyone’s mind. The perfect way is by having rules enforced, and violators punished. Not harsh, severe punishments, but more than a slap on the wrist. Make them park in the back of the lot. Make them wear a different color safety hat than everyone else, or a vest that claims they broke the safety rules. Have the punishment be something that is part tongue-in-cheek, but it gets the point across and leads to some good natured ribbing from other coworkers.
On the other side, reward safety achievements. Use gas cards or coupons for free food as gifts. Do raffles and hand out a few prizes to the person that was the most safety-oriented. Whatever you do, make the reward something more tangible than a pat on the back.
Also you can post safety rules and violations on signs and place them all over your work floor, in the bathrooms, in the break areas, etc. Make sure they are at eye-level where people can see them, and color them accordingly so they are hard to miss. Use diagrams and stick people to represent the injury that could occur if you stuck your hand into the saw blade with the machine on. If may seem elementary, but your workers will see those drawings everyday and probably laugh at them, but the more they look at them, the more they remember, and the safer they just might be.
2. Make safety paramount
When you have a safe work environment, you have more productive employees. This is due to the fact that your safe machines are running like they should. Nobody is worried about something breaking or someone getting injured by doing certain jobs. Safe workplaces have fewer workers comp claims.
Obviously there is a direct link between safety and work comp. The less safe you are, the more work comp injuries you will have. And that leads into higher premium exposure. If your claims skyrocket, the costs increase, and that could increase the cost of your premium for your work comp policy. So it all begins with safety. Safety is the key to keeping comp costs down. Which, in-turn, controls premium costs.
3. Have well-defined safety policies and the need to implement them
If workers are not following the safety rules, that is a problem. A rare violator that has to wear the vest of shame is one thing. But if you have a guy breaking the safety rules everyday, you have an issue. You have to investigate why the worker is not following the rules. Document your findings, and then follow through with safety training or re-education on the proper safety function for the particular machine or device they may be using. Maybe they were taught by another employee to use the machine incorrectly. Whatever the reason, investigate it, document it, then retrain and follow through until the person understands and is capable of safely operating the device or doing the work task within your defined safety rules and procedures.
4. Can the employer fire a worker that disobeyed a direct, known safety protocol?
Wow, is this a Pandora ’s Box of a question!!!!! There are numerous case law decisions within any jurisdiction that comment on this matter. I hear this question ALL THE TIME! The answer is "Yes, sometimes" and "No, at other times."
My advice is to always consult your counsel and adjuster before you do anything. Improper termination may open yourself to a world of fines and legal issues, and even though you think you may be doing the right thing that is not for you to decide. Consult your attorney before ever making such a decision. The choice will vary by accident, and no two will be the same.
5. Safety violations cost employers money!
If people are hurt, they cannot do their job, which decreases production, which in turn decreases profit. Jobs get completed late, others have to make up for the gap in work, etc. As mentioned earlier, safety violations in any form will always cost you money. The safer you are, the more productive, the more profitable.
Think Zero Accidents as your goal! People say, "Oh, that's impossible." But it's only impossible if you don't try.
6. High employee morale helps to reduce losses
Several studies show the link between morale and workers comp losses. Happy workers are happy because they have jobs they like; they have manageable workloads, safe working environments, etc. Disgruntled employees are overworked, underpaid, and under stress. They typically are working with potentially unsafe materials, in an unsafe shop, where there is a lot of risk for injury. Sooner or later they will stumble upon that risk, and injure themselves.
Actually the studies linking morale to work comp show they are linked up mostly in subjective injuries: back pain, muscle pain, headaches, etc. The more unhappy the workforce, the more subjective claims seem to surface.
7. Timely claim reporting saves money
And as always, and we say it time and time again, the sooner you get that work comp claim to your carrier to be assigned to an adjuster, the quicker they are on the case, the better the result will be. The more you delay in calling it in, the more it will cost you down the road. WCxKit
So, remember, it’s never too late to start thinking about safety, and how it impacts your bottom line. Think carefully about each job task and what risks your workers face. Solicit feedback from your employees. Involve them in this process, and hear what they have to say. The more they are involved, the more they will participate, and the more successful your program will be. Be safe!
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. 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.
Earlier this month the Los Angeles City Council passed an ordinance requiring condoms to be used in all permitted adult films shot within their city limits. It brings up many interesting workers compensation issues. After all, this requirement is for the health and safety of employees. Is it any different from requiring construction workers to wear a helmet? Road workers to wear a bright, orange vest?
In this commentary on Salon.com porn performer, writer and director Lorelei Lee calls the ordinance well intentioned but ineffectual. She notes that the new law requires adult film production companies to pay a fee with permit applications. “Currently, condoms are used in the mainstream gay adult film industry (which includes only gay male films), while the heterosexual industry (which includes both lesbian and straight films) has used mandatory STI (sexually transmitted infections) testing as a health and safety precaution since the early 2000s,” she writes.
Lee writes that until May of 2011, the Adult Industry Medical Center, founded by a retired performer, ran a nationwide STI testing service and database that certified heterosexual performers as STI-free previous to their working on any production whereas the new ordinance is in response to a San Francisco-based nonprofit AIDS Healthcare Foundation campaign along with other groups that have picked and boycotted companies which sell or show condom-free pornography.
One of the protest leaders called the testing service a “fig leaf” over the adult industry and backed the lawsuit that led to the organization’s financial insolvency and shutdown last year, which left a vacuum in health and safety protections in the industry, Lee writes. “(He) seemed to hope that leaving performers without any kind of health protection would force legislators to mandate condom use,” she writes.
Lee writes that she became a condom-only performer in 2010 but had worked for eight years previously relying only on the testing service. “But during my time as a non-condom performer, I never once contracted an STI on set that condoms would have prevented, and truthfully, I’m not sure that condoms actually keep me safer than testing alone,” she writes.
She writes that performers have a mix of opinions as to whether they mind actually using condoms on set and some are even strongly opposed to using condoms at work, believing that they may actually increase likelihood of STI transmission.
Lee says what she is most opposed to is regulating condom use in the industry through government regulation. “Many of the people attracted to this industry are still those who don’t care a lot about public opinion or about obeying authorities. In the case of a condom mandate tied to permits, many producers will simply shoot in Los Angeles without a permit. Others will move production outside of the city – to places like Las Vegas, San Francisco or Miami, where some companies are already established,” she writes, noting that perhaps that s what the city is after.
In effect, Lee writes, this legislation has made it more difficult for the industry to use the protections already in place with AIM’s testing program. “We’re also opposed to the squandering of AHF resources – resources that could be effectively used to help prevent and treat HIV and AIDS – on a political campaign against an industry whose health and safety regulations are already working. In the decade since AIM began the program of mandatory testing, six performers have tested positive for HIV, and only three of those have shown to be from on-set transmissions,” she writes. “That’s three transmissions during the course of filming tens (or perhaps hundreds) of thousands of scenes. There are no real statistics as to how this compares to transmission rates in the general population.”
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 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, Workers Compensation Management Program: Reduce Costs 20% to 50%. 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.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
We are always writing articles to assist the employer in dealing with the complexities of the workers compensation system. We thought for a change of pace we would provide an article to assist the employees in dealing with the tangled web of workers compensation.
The following suggestions will make the workers compensation claim go smoother and alleviate the angst that naturally occurs when an employee is injured on the job. (WCxKit)
1. Report your workers compensation claim immediately, even if you do not need medical care at the moment. What may feel like a pulled muscle today may be a major problem next week. It is better to have a record of your injury when it occurs rather than trying to explain why you are reporting the injury late.
2. Ask your supervisor to prepare a written report of the incident. Your supervisor should willingly do so, but if for any reason the supervisor does not act immediately, submit your own written report providing all the details of what you were doing when you got hurt. Be sure the details of your incident are accurate, as the fastest way to lose credibility is to allow inaccurate information to be reported.
3. Select a medical provider from the list posted. If you do not understand the different specialties, ask for guidance. A medical provider close to work or close to your home is often the easiest one to reach.
4. All the medical care related to your injury will be provided until you have recovered from the injury.
5. If you have a pre-existing medical condition, which can be anything from a prior back injury to diabetes, do not try to hide that fact. To get the appropriate medical care you need, all medical conditions or issues should be disclosed to the medical provider.
6. Keep track of your mileage to and from every medical appointment and to/from the pharmacy. Your mileage can be reimbursed in most states, but only if you have a record of it. Keep a copy of all mileage logs turned into the adjuster.
7. Obtain a written copy of the report your employer submits to the insurance claims office. If anything is incorrect on the report, now is the time to correct it, not later.
8. Attend all doctor appointments and all diagnostic testing. If you do not think you are hurt enough to attend the medical appointments, neither will the adjuster.
9. Provide a copy of all off-work (disability) slips to your employer and to the insurance adjuster, and keep a copy for yourself. Ask your employer if they have a more complete form to use, often called an Injury Treatment Form or Accident Report Form that gathers enough information about your injury so your employer can locate a transitional duty job for you.
10. Keep in touch with the employer and the insurance adjuster. After each doctor's visit, call both the employer and the insurance adjuster and give them an update on what the doctor said about your medical progress and when you may be able to return to work. If you are on transitional duty and your capability increases (it should) let your employer and insurance adjuster know about this.
11. Every work place has co-workers that will want to give you unsolicited advice on your workers comp claim. Follow the real doctor's medical guidance not your friends and co-workers.
12. Every state has a waiting period before lost wage compensation can be paid. Ask the claims adjuster what the waiting period is in your state. If you are out of work longer than the waiting period, you will be paid a percentage (often 66.67%) of your average weekly wage.
13. Ask about your employer's return to work program while your doctor has you off work with restrictions. Often your employer can modify your current job duties so that you can return to work sooner.
14. Do not violate the work restrictions placed on you by your doctor while working light duty. You will most likely end up aggravating your prior injury and extending the period of time it will take for you to recover from your injury.
15. If a nurse case manager is assigned to your claim, keep the nurse informed as to your medical progress and understand he/she is there to make sure you obtain the appropriate medical care. (WCxKit)
Your employer hopes you will never get hurt, but if you do, keep the workers comp claim suggestions in mind to improve the claim experience and the overall outcome of your claim.
If you are an employer reading this, the above items can be included in an employee brochure.
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. Rebecca is the author of Workers Compensation Management Program: Reduce Costs 20-50%. 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.
Winter is knocking at the door. The bitter cold, ice and snow is or will be on the doorstep. If the workplace does a lot of inside and outside work, this can lead to increased risk for injury, and it can start as soon as the workers pull in the parking lot. In most jurisdictions, workers comp coverage begins as soon as those tires cross into the lot from the road that runs outside of it.
With the slick conditions, numerous injuries can occur, ranging from minor slips and falls to major injuries such as broken bones. But do not sit around and wait for the injuries to occur. Below we discuss 5 ways to be prepared for the long winter haul. (WCxKit)
1. Get supplies stocked and ready to rock
Before that winter storm dumps a foot of snow on the doorstep, try not to be caught off guard. If the company is responsible for snow removal and salting, stock up on bags of salt and sand and have them ready to use, near the areas to be applied. Inspect the shovels and brooms for wear and tear and make sure they are in good working order. If using a plow truck for the parking lot, be sure the plow is properly installed and lubricated, and perform yearly maintenance on the vehicle to avoid breakdowns or damage. These may seem like no-brainers, but sometimes when it gets busy around the end of the year these tasks get brushed aside for more important duties, and can be easily forgotten. It is better to be safe than sorry, so be ready should that storm come rolling in. Snow can accumulate in a hurry. For employees who work outside, consider providing ice grips for shoes.
2. Inspect the entryways, stairwells, and mats
People have to enter the building somewhere, so be sure the mats are functional. Some employers have special winter mats, made with extra durable material to stand up to the wear and tear of the outside elements. Non-slip bottoms, and rougher fiber mats can brush that outside snow and salt off of boots and shoes so those materials are not dragged into the work areas. Standing water from melted snow posts a dangerous hazard, and is one of the leading causes of slips and falls. Obviously these falls can result in serious injury, so anything to prevent this is worth the cost.
Most stairwells will be covered in an anti-slip coating, so check and make sure that the surfaces are doing the job they are supposed to do. Also check handrails to make sure they are not loose, so if someone grabs them to prevent from falling the rails do not come off the wall. Again it is common sense, but these checkups usually fall to the bottom of the priority list when busy seasons hit.
3. Have an outside vendor perform the plowing and salting
If you do own the lot and maintain the salting and plowing, consider using an outside vendor to take care of this task. These vendors will carry their own liability insurance policy, and if injury occurs it can shift the risk to them instead of to the employer. But make sure that the vendor does not try to "sneak" in a
hold harmless clause in the contract. If this is the case, the employer agrees to waive any liability towards the vendor, shifting the risk back to the employer for priority coverage.
Most vendors keep the contracts open to negotiation, so have the counsel inspect the contract for loopholes or gaps in coverage should an injury occur. Subrogation is a right in most jurisdictions, and an employer should be able to pursue if any injury does occur within certain circumstances. Most vendors will do their best to get that hold-harmless in there, and wager that almost all vendors that perform snow removal have that wording in all of the contracts. This does not mean the vendors are trying to run away from responsibility, but instead do want to not be held responsible should injury or property damage occur.
4. If leasing the space in a building, review the specifications of who is responsible for injury
If you as an employer are a tenant in a building, or leasing the space for the entire building and parking lot, ask the building manager for a copy of the lease contract and see what exactly the responsibilities are and what the building manager’s are. Do not assume right off the bat that just because leasing a suite in an office building, and the worker falls on the way in, that you are 100% responsible for any injury damages. An opportunity to file a subro claim could be missed with the building’s Carrier. Less often than not these building owners will avoid stepping up to say exactly how the lease breaks down and who exactly has coverage for an injury that occurs before the workers gets to the specific suite. Do some research and find out exactly what scenarios are the employer’s responsibility, and what scenarios will fall under the building manager’s coverage.
5. If inclement weather happens, consider cancelling work for the day
If this is within the means, should a major storm come in and drop a ton of snow, consider a snow day for workers. The world is not going to end to halt operations for one day. If the roads are treacherous, some workers may call in anyway depending on the commute. Work is important and most workers will do their best to report for duties, but it certainly is not worth getting into a serious car accident over. Create a telephone call list so workers can relay the message on to others that work is off for the day or notify employees via twitter, and make sure to have an up-to-date recording on the company phone. That way you are not trying to call everyone at 5am to advise that work is canceled for the day. In the end, if doing this saves someone from a major car accident, it is worth it. I am not saying cancel work every time 4” of snow falls, so set up a parameter. If snow accumulations total over 12” or it is raining and freezing on the roadways creating “black ice” situations, then consider it. Be sure all the workers know about the parameters, so they can have a heads up as well. Create a phone line to call, leaving a message on a general machine so workers can call before leaving for work to see if work was indeed canceled or not. (WCxKit) Make sure there are procedures in place for inclement weather cancelations and late start instructions.
Summary
The winter months statistically create more hazards than the summer months. Snow and ice can lead to dangerous conditions both on the commute to work, and within the workplace itself. Be sure to be prepared for these conditions by performing the tasks listed above. It is far more costly to incur a serious injury, than it is to prevent it.
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 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, Workers Compensation Management Program: Reduce Costs 20% to 50%. 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.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
“Return to Work” (RTW) will achieve unprecedented attention in the coming year, largely due to a series of recent decisions and an upcoming argument in the state’s highest court, the Court of Appeals. The issue will be defining better the standards for “voluntary withdrawal” from the labor force. Such withdrawals can result in halting of future payments.
If an employer makes a job offer a return to work is far more likely to result in success than if a worker tries to find a job. To help employers implement a RTW program, the Board has on its website an outline of an RTW program. One of the sections deals with “partners” in the return to work process. Nine people and entities are listed, but the most important is not present on the list. Who might that be? The SPOUSE!
In order to appreciate the role and importance of the spouse in managing disability it helps to have been as close to the problem as possible, but with professional expertise. That means being the treating doctor or the lawyer representing the worker. Only in that way are you likely to witness first hand the role that is played by the spouse.
People who have become cynical and jaded by the administrative handling of comp claims would be surprised to learn that the spouse is the person least likely to favor extended disability, no matter what the final settlement figure might be. The spouse, above all others, knows, and lives with, the consequences of extended absence from work. Even the children, who share the consequences, can only guess at the downside nature of disability though they quickly learn what it is like to have an additional parent commenting on their every move.
Why would the Board outline omit all references to a spouse? Perhaps because the very nature of the relationship is private and beyond the Board’s comment or control. But that is no reason for others to fail to involve that most important person.
In any enlightened RTW program by the employer a face to face discussion with the employee should be had as quickly as possible. The spouse should be present and participating in the discussion with, of course, the permission of the worker.
There is a good chance that the employer already knows the spouse, which makes the efforts far more effective. Leaving the efforts to a carrier or administrative board makes for a poor communication network which usually omits family members from the process. But the employer has an excellent functioning, and supportive, network when the family is directly involved.
A RTW discussion should not focus on the claim. The effort is part of the employer/employee relationship and such discussions can, and often are, had even in the absence of any kind of claim. Having such discussions when no claim has been filed will often result in lowering claims in the future. (Many disability claims – comp, LTD, Social Security disability – are triggered by uncertainty about future earnings or medical payments. A sooner, rather than later, meeting with the employer will greatly reduce that uncertainty.)
In short, the employer participates not as a surrogate for the carrier but as the other major player in the family’s security. (WCxKit)
The first rule of disaster management and control is to maximize the immediate use of all available tools. Do not wait for a third-party to appear with another tool, which is seldom as effective as those already in place and not nearly as timely.
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.
medsearch7@optonline.net
One of our readers, Tom Gassaway of Arthur J. Gallagher, found this article of particular interest and offered this example.
I received your newsletter this morning and found one article that I felt was long overdue. The article was “The Spouse Might Be the most Important Partner in NY Workers Comp.” I spent 17 years working at Liberty Mutual and remember hearing this mentioned, for the very severe cases, as far back as 1978. I was told they need to be involved in the psychological and emotional recovery from an accident, no matter in what state the accident occurred. I even saw it used for a claim involving one of my insureds.
The claim involved a worker who lost both hands in a punch press accident. He was due to be married within a few months of the accident and the obvious questions arose:
Would the wedding even take place?
Would the future spouse still want him?
Would the future spouse be able to assist with all of his needs?
What about income and medical bills?
Liberty immediately got him to their rehabilitation center in Boston and started to work on this whole process. Somewhere along the way the fiancé was asked to take part. The good news was she was agreeable and it went well. She was there through the fitting of the “hooks” for hands and other key milestones. The good news was they were able to be married on time and the they returned to Boston after the wedding to finish the rehabilitation. Overall, it was a good outcome and I heard later they even had two children.
Thanks for the article.
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.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
Unions from around the world, including the International Metalworkers Federation (IMF) affiliates, recently participated in the ILO Workers Symposium on Policies and Regulations to Combat Precarious Employment. The Symposium produced a set of recommendations on measures that the ILO should take to reduce precarious work and improve conditions for precarious workers.
According to information from the IMF, while trade unions have recognized for a long time the threat that the rapid expansion of precarious work throughout the world poses to workers rights, concerns have been raised that the ILO is not doing enough to protect the rights of precarious workers to join a union and participate in meaningful collective bargaining. In order to put the issue firmly at the center of the ILO's standard setting and enforcement agenda, ACTRAV, the Workers Bureau of the ILO, organized a Worker's Symposium which brought together union representatives from both developing and industrialized countries, the public and the private sector. (WCxKit)
During three days, unions shared information on how worldwide, unimaginable numbers of workers are suffering from precarious, insecure, uncertain and unpredictable working conditions. They discussed how global forces are driving the rapid expansion of precarious work in all countries and in all sectors of the economy and the urgent need for regulatory and policy responses to prevent this.
The aims of the Symposium included determining how existing standards can be better promoted in order to protect the rights of precarious workers as well as identifying gaps in existing international labor protections that could be filled by the development of new standards.
At the conclusion of the Symposium, union representatives called on the ILO to conduct a comprehensive report on the obstacles that prevent precarious workers from being able to bargain collectively with their employer, with a particular focus on the barriers to workers in triangular relationships bargaining with the employer controlling their conditions of work. (WCxKit)
Lastly, they called for ILO action to promote key conventions and recommendations that can improve conditions for precarious workers and pointed to the need for further regulation, particularly to limit temporary employment other than in cases of legitimate need.
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. He is a contributor to the #1 selling book on cost containment, Manage Your Workers Compensation: Reduce Costs 20-50% www.WCManual.com. 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.
If your fear of work involves more than just that towering pile of assignments on your desk, you may not be alone.
According to a survey from CareerBuilder.com, 27% of employees have indicated they felt bullied while at the workplace. The survey notes that the problem is more commonly reported for women (34%) than for men (22%). (WCxKit)
For those employees who reported they had been bullied, the following points were noted as the most typical forms of such actions:
1. My comments were dismissed or not acknowledged – 43%
2. I was falsely accused of mistakes I did not make – 40%
3. I was harshly criticized – 38%
4. I was forced into doing work that really was not my job – 38%
5. Different standards & policies were used for me than for other workers – 37%
6. I was given mean looks – 31%
7. Others gossiped about me – 27%
8. My boss yelled at me in front of other co-workers – 24%
9. Belittling comments were made about my work during meetings – 23%
10. Someone else stole credit for my work – 21%.
While standing up to bullying can get a worker in trouble, it appears many do seem to see it as a deterrent to confronting the situation. A majority of employees claim they will stick up for themselves. Close to half of workers who indicated they’d been bullied also noted they would confront the individual head on, and 28% said they informed human resources. (WCxKit)
“Bullying is a serious offense that can disrupt the work environment, impact morale, and lower productivity,” said Rosemary Haefner, vice president of Human Resources at CareerBuilder. “If you are feeling bullied, keep track of what was said or done and who was present. The more specifics you can provide, the stronger the case you can make for yourself when confronting the bully head on or reporting the bully to a company authority.”
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. Contributor to the best selling book, Workers Compensation Management Program: Save 20% t0 50%. 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.
As members of a management team, around the winter season, reevaluate for the upcoming year. Set goals, benchmarks, implement new techniques, purchase new materials, etc. But there is one area that seems to be focused on more than others: And that is ‘how can we use what we have to be better?’.
Chances are in a medium to large shop, there is plenty of talent, in more than one form. The workers can be your most important capital. So why not focus on how to better use that talent? (WCxKit)
1. Provide the best tools so employees can perform efficiently
As an example, if you drive cars, this does not mean that all all drive a top of the line Cadillac. But this is meant more to show how to provide the best output for workers. Make workstations adjustable so workers can perform at the levels they need to. This will increase output and performance, not to mention that it will make workers less prone to injury, especially in repetitive-motion workstations. Extra lighting can provide clarity and precision. Hand trucks and dollies can make moving heavy materials easier and quicker, and so on and so on.
2. Don't run it like a prison
The workplace does not have to run hard-nosed and rigid. As an employer allows some flexibility such as flex work hours, rotating job tasks, allowing hourly breaks, then you can best utilize workers time at work for production. A rested workforce is your best workforce. Sometimes having job rotation can provide breaks for those that do heavy duty work day in and day out. Also this can reduce injury since those workers that just do heavy lifting or moving of materials can get a much needed break from time to time throughout the day. You could also discover that one of your workers may be better suited for another type of job task, versus the one they are currently in now. This could lead to increased production, and better efficiency.
3. Keep an open mind
Time and time again we recommend listening to employees and their suggestions as to how changes can be made to make production better. Discuss alternative job tasks and how things could be done quicker and easier. Remember these are the people that do these jobs all day, sometimes for years. They have ideas and suggestions and you have to make management become approachable. If someone knows that you will take the time to listen to them, you may get an idea that you can implement. Not everyone will hit the ball out of the park every time, but you could stumble upon something that can really make a difference, and it could change the way things are done on a daily basis.
4. Encourage healthy lifestyles and reward those that make a change
A healthy body is one that comes ready and able to work, and able to take on the challenges of the day. Healthier employees also have less sick time away from work, and have fewer injuries. A lot of companies now offer discounts to local gyms, reduced medical premiums for wellness exams, smoking cessation programs for free, etc. The HR department probably has a lot of ideas and plans that are already in place to promote a healthier lifestyle, and the incentive programs to go with it, so check in to some of them and try to implement some over the course of a year. Provide some incentives for the workers to participate, and see what happens. I bet that more will participate than you thought.
5. Launch a return to work program
It has been well documented that the longer a person is out of work, the harder it is to get them back to productive employment and there is a strong correlation between a high return to work ratio and a low mod. Older employees also take longer to heal than younger ones, so consider home-based employment. If you provide some light duty work, employees know that even though they have an injury, they can still work and make a decent wage. This will help them transition back into full time work once they are released from medical care, and will reduce claims dollars that are spent on lost wages while injured. It will also free up full duty employees to do something more productive, while those with medical restrictions can take care of the lighter tasks you need done day in and day out. Make a "wish list" of tasks you wish you had someone to help perform, then use the wish list to create transitional duty tasks. For instance, I wish I had someone to proofread my writing.
6. Set up a mentoring program
It is always hard to start a new job. Nobody wants to be the new person, so set up a mentoring program to help those new or less-experienced employees. Shadowing programs work well also. The new employee can gain some great knowledge from the veteran worker, including how to do things quicker, properly, and more efficiently. A good mentoring program will improve productivity of the newer, younger employees while making veteran workers feel like they can contribute more to the company other than just cranking out their job tasks day after day. The more you make workers feel like they are involved, the better, harder, and more dedicated they will work for you.
7. Do not be afraid to hire experienced workers
There are many benefits to hiring experienced workers. These workers already have sound work habits, years of experience in the field, and the skills the company needs to take you to the next level of competition. These workers also have less out of work distractions, such as needing more time off for child care or more time off for school commitments. Experienced workers will also add some diversity in workforce, contributing their ideas and experience to the team projects and ideas. If you utilize their assets, the workplace will benefit. (WCxKit)
Summary
A New Year means it is time to reflect on the year to date, and focus on what you can do better for the upcoming New Year. But you should also think about what the veteran workers can bring to the table for the company. Experienced workers are a great untapped resource, and their ideas and work ethics can be beneficial in more ways than one, especially in fields other than just being at their workstation. Tap the greatest free resource- the employees. Listen to their ideas, and make the management team approachable when someone has an idea about how something may be able to be done better. If you make this one of several things to focus on, accomplishing the rest of the goals could just be that much easier.
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. 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.
