Since WWII, many new programs, state and federal, regulating disability have been added to workers compensation. In some states, short term disability is required for most businesses. All have to comply with OSHA and ADA. Social Security Disability Benefits claims involve many employers, directly and indirectly.
With the laws have come statutes, rules and regulations – at times overlapping other laws or even contradicting them. The wealth of material that must be read to deal with interactions is enormous – and well worth reading. (WCxKit)
Many situations which are confounding if a solution is sought by staying within one law can be solved by searching the provisions of other laws. For example, obtaining an early independent medical examination shortly after an incident has been reported.
An independent medical examination under, say, New York compensation law must be done by the carrier in such a way as to comply with numerous requirements. Miss a single step and you must start all over – which makes the first exam unlikely in less than three to six months. Some states restrict the number of independent exams on a claim, resulting in hoarding opportunities for an exam until late in a claim.
But other laws, free from the oversight of a comp board, often require exams doc compliance. OSHA, in 29 CFR 1904.5, lists a variety of reported conditions that do not need to be listed on the OSHA Form 300. However, in order to comply, an independent medical exam would often be required, since only a medical professional, with access to prior records, could decide if an incident is one of the conditions subject to exclusion.
In such cases, an employee could be required to attend an exam and, in addition, provide HIPAA releases for prior records. And, the exams are not subject to local work comp laws or oversight. The report of the exam can be used in a comp claim if proper discovery procedures are followed – and the exam does not count as a work comp exam.
ADA can also be used for return to work examinations, again, with HIPAA releases. “Reasonable accommodation”, an ADA requirement, may often depend on the results of the exam. Again, the exam report can be used in the comp claim and the exam does not count as a comp IME.
Perhaps the most extreme example of expanding opportunities for additional exams is found in the New York Disability Benefits Law, Sect 217, where an employer is given the right to have an employee receiving short-term disability benefits attend an examination once a week for the period of disability ( for the maximum of 26 weeks of benefits). Short-term disability benefits are often paid while a comp claim is being contested. In such cases, a number of examinations could be scheduled and none would count as a comp IME. (WCxKit)
These are but a few of the examples of how the myriads of laws already in force can, with some searching, provide new solutions to old problems. Searing outside the comp law is truly searching “out of the box”.
Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, New York. 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.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
We are pleased to announce some changes to the Workers’ Compensation Roundtable, run by Rebecca Shafer and the Workers Comp Kit Blog Team, that will make it an even more effective tool for employers and the workers’ compensation community. Effective immediately, Bob Wilson, Kathy Lella and other key staff from www.WorkersCompensation.com will be sharing the responsibilities of managing this group with Rebecca Shafer of www.LowerWC.com. Rebecca started this group in 2009, and has done an excellent job in laying a strong foundation and establishing clear objectives for its purpose. With the addition of the WorkersCompensation.com team, we will continue to lead discussions on cost containment issues for both employers and WC professionals, but will also be taking a stronger focus on legislative discussion and review.
We believe this new team management approach will provide a very strong ability to meet the information needs of the workers’ compensation community. Rebecca’s experience and expertise in targeting and reducing workers comp cost burdens for employers across the nation is unmatched by anyone. For over 11 years WorkersCompensation.com has been widely recognized as a definitive source of news, information and valuable legal data for the entire nation. Together they will provide an excellent resource for the members of the Roundtable.
Effective immediately, the Workers Compensation Roundtable is designated as the official Employers and Professionals Forum for WorkersCompensation.com. It will also be linked from its members’ subscription area, WorkCompResearch. We wish to welcome those professionals to this new service.
If you know an employer or professional that could benefit from membership to the Workers’ Compensation Roundtable, please invite them today. The group link is: http://www.linkedin.com/groups?mostPopular=&gid=1922050
Please let us know how we can better serve your needs. You may contact Rebecca, Bob or Kathy through the LinkedIn system.
Thank you for your continued support of the Workers’ Compensation Roundtable.
The Workers’ Compensation Roundtable Team
Robert Elliott
Rebecca Shafer
Robert
Wilson
Kathy Lella
©2010 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 AGING WORKFORCE WEBINAR (FREE)
Register NOW for Tomorrow!
From: Broadspire_info@choosebroadspire.com
Subject: What are you doing about America’s aging workforce?
AGING UP
A WEBEX ON WORKING WITH MATURE EMPLOYEES
November 18th, 11:00 AM EST
In 2000, there were 18.2 million workers over the age of 55 in America.
In 2008, there were 25.2 million, a 38% increase.
In 2025, AARP estimates there will be 31.9 million, a 75% increase.
Prepare your company and your department for the maturing of America’s workforce. Join us for information on accommodating your aging employee population.
The presentation covers:
- An overview of our country’s aging demographics and what it will mean for your company
- The ramifications of these growing numbers on operations
- Safety issues for older employees and customers
- Controlling workers compensation costs
- Ways to return more mature employees to work
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
"Introduction to OSHA," a new training component emphasizing workers' rights, is required content in every OSHA 10- and 30-hour Outreach Training Program class. OSHA developed the information in support of the Secretary of Labor's goal of strengthening the voice of workers.
The OSHA Outreach Training Program is a voluntary program seeking to teach workers about their rights and how to identify, reduce, avoid and prevent job-related hazards. The program includes 10- and 30-hour courses in construction, general or maritime industry safety and health hazard recognition and prevention that is taught through a network of OSHA-authorized trainers. Over the past three years, nearly two million students have received training through this program. (WCxKitz)
This information affects hundreds of thousands of workers who complete Outreach Training Program classes each year, and more than 50,000 authorized OSHA Outreach Trainers. It focuses on the importance of workers' rights and advises them of their right to:
1. Safe and healthful workplaces.
2. Know about the presence and effects of hazardous chemicals.
3. Review information about injuries and illnesses in their workplaces.
4. Receive training.
5. Request/file for an OSHA inspection and participate in the inspection.
6. Be free from retaliation for exercising their safety and health rights.
"
For too long workers have avoided making claims of unsafe work conditions out of fear of losing their jobs," said Assistant Secretary of Labor for OSHA David Michaels. "We are confident that this new training will embolden workers to speak up when they find work practices that endanger their lives and the lives of their co-workers." (WCxKitz)
During the 10- and 30-hour outreach training program classes, OSHA trainers cover topics on whistleblower rights and filing a complaint, and provide samples of a weekly fatality and catastrophe report, material data safety sheet and the OSHA Log of Work-Related Injuries and Illnesses. Trainers can obtain test and answer sheets from their authorizing training (WCxKitz) organization.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
Safety Program Documentation/Injury & Illness Record Keeping: Develop Written Policies, Procedures and Programs To establish consistency and creditability, and to comply with applicable federal (OSHA) and state regulations (Cal/OSHA, for example), it is important to document what you are doing. The written policies, procedures and programs should be posted for all employees to see, and can be distributed via your company's intranet. A safety manual is one method of compiling all of your safety policies, procedures and programs. To remain effective, all policies, procedures and programs should be reviewed annually. Remember to stay current on all federal and state regulations and requirements. An Accident Investigation Program is a CRITICAL tool in preventing new accidents. It is always a key part of an effective safety process. All accidents, near misses and incidents should be thoroughly investigated. The investigation should be documented and provide answers to Who, What, When, Where, Why, and How. Review all accident, near-misses and incident investigations during your safety committee meetings. Also, consider linking an electronic accident reporting form to an Accident Evaluation form so that the information automatically flows from one form to the other. Training for Employees, Supervisors and Managers – It is Essential! It is imperative, and often a regulatory requirement, that everyone in the workplace be properly trained, including contractors, part-time employees and temporary employees. Employees must know how to do their jobs safely, how to recognize hazards and how to prevent injuries and illnesses. No employee should be expected to do a job until he has been trained to do it safety and is authorized to perform it! Employees need to know: 1. The success of the safety and health program depends on everyone's actions. 2. Safe work procedures are required for every job. 3. When, and how, to use personal protective equipment (PPE). 4. What to do when an emergency occurs. Training and instruction should be provided: 1. To all employees when your program is first established, and annually, thereafter. 2. To all NEW employees, as part of their orientation. 3. To all employees given new job assignments for which they were not previously trained. 4. Whenever new substances, processes, procedures or equipment are introduced into the workplace. 5. To ALL supervisors. Safety is a message needing to be communicated continually and consistently. Some suggested communication methods include employee safety meetings (for all shifts), posters and bulletins, newsletters, safety suggestion box and "tool box" safety talks conducted informally by supervisors with their employees. (workersxzcompxzkit) Training records must be kept, and you should refer to federal and state regulations for the requirements. Training must also be bi-lingual, if appropriate, and there are a variety of resources and products available to help you with your program. All elements of your safety program should be documented, reviewed annually, and updated, if appropriate. See Safety Resources http://reduceyourworkerscomp.com/resources.php for specific regulations. "FRAUD PREVENTION" PODCAST click here: http://www.workerscompkit.com/gallagher/mp3 By: Private investigator with 25 years experience.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers' comp issues. ©2009 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 York State Insurance Fund Welcomes Grant Winners to Accept Free Safety Training New York State Insurance Fund (NYSIF), Executive Director James Wrynn congratulated policyholders who received youth education and training grants from the United States Department of Labor this summer and extended an offer to assist these organizations with on-site youth worker safety training services. NYSIF offers free workplace safety training to help workers avoid work-related injuries. As the state's largest workers' compensation insurance carrier NYSIF has one of the most qualified teams of safety and loss control specialists anywhere. Approximately $114 million in grants went to 183 community organizations nationwide in the department's YouthBuild program. The program helps out-of-school youth to obtain their diplomas or GEDs while providing occupational training in the construction industry. NYSIF reached out with a written invitation to grantees in New York State who hold NYSIF workers' compensation insurance policies, inviting them to have a NYSIF safety specialist conduct on-site training geared toward construction safety for young people and teen worker safety in general. The YouthBuild program helps at-risk youth acquire leadership skills and participate in community service while building and renovating affordable housing in their communities. With about 37% of the workers' compensation market in New York, NYSIF has a large base of construction company policies and experience within the industry to help young people work safely on construction sites. (workersxzcompxzkit) NYSIF has among the largest number (at 56) of New York State Department of Labor Certified Safety Consultants on staff, and has partnered with the Occupational Safety and Health Administration in providing certified outreach training across a broad spectrum of general industry. Author: Robert Elliott, J.D.
TD Calculator: www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php 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
The New York State Insurance Fund (NYSIF) supports creating a safe workplace for employers and employees in the Empire State. Each year during National Safety Month (this past June), The National Safety Council promotes tips, strategies, and guidelines for maintaining a safe work environment. NYSIF supports this effort 12 months a year with its safety services, outreach and free workplace safety training materials.
“NYSIF’s mission statement reflects our commitment to helping New York businesses control the cost of workers’ compensation insurance,” stated NYSIF Executive Director James Wrynn. “Promoting safety, providing training, and making loss prevention resources available to New York businesses are all ways NYSIF fulfills its mission.”
“Proactive safety training and ongoing safety awareness is essential to maintain a safe work environment,” said Armin Holdorf, director of NYSIF’s Field Services Department. “Supervisors and employees must take an active role in the prevention of workplace accidents.”
Results of Year-Long Safety Promotion
1. Last year, NYSIF added additional safety DVDs to its safety resources that are used by NYSIF Safety Consultants for on-site safety presentations for New York businesses. Frequently-requested training topics include back and lifting safety, hazard communication, electrical safety, safe forklift operation, blood borne pathogens, and lockout/tagout.
2. In 2008, NYSIF safety specialists made more than 18,000 field visits to NYSIF policyholders to assist them with creating and maintaining safe workplaces. This includes more than 550 Industrial Code Rule 59 consultation and compliance calls, 13,695 workplace safety surveys, and 1,874 customized safety training classes, reaching thousands of New York workers.
3. Fifty-six NYSIF staff were designated last year as New York State Certified Safety Consultants (CSC) by the New York State Department of Labor. This credential is used only by those persons who have qualified for and been issued a verification under the Workplace Safety and Loss Prevention Program (Industrial Code Rule 59, NYS Workers’ Compensation Law).
4. ICR 59 requires employers undergo a comprehensive safety and loss prevention consultation if they have generated an experience modification rating over 1.20 and have a payroll exceeding $800,000. NYSIF offers this consultation service at no cost to its policyholders. (workersxzcompxzkit).
The program includes an assessment of the employer’s workplace safety and loss prevention program as well as an on-site survey of the workplace. Based on the consultant’s recommendation, the employer must remedy noted safety deficiencies, and institute and maintain an effective loss prevention program.
Author: Robert Elliott, J.D.
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
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The Tennessee Occupational Safety and Health Administration (TOSHA) partnered with several construction trade associations across the state on Monday to participate in the statewide Fall Protection Safety Stand Down. Participating employers shut down their jobs on Monday morning to train their employees on fall protection for approximately 45-60 minutes.
Falls are a leading cause of fatalities in construction, accounting for one-third of all deaths across the industry. In 2007, there were 447 fatalities across the United States occurring from falls. Because there is typically a rise in construction accidents during the summer months of June through August, the goal of this event was to raise awareness about the hazards of falling and to review fall protection requirements. (workersxzcompxzkit).
“TOSHA is committed t o helping employees identify fall hazards and select the necessary protection to control or eliminate the hazard,” said James Neeley, Commissioner of the Tennessee Department of Labor and Workforce Development.
Author: Robert Elliott, J.D.
Click on these links to try it for yourself.
WC Calculator: www.ReduceYourWorkersComp.com/calculator.php
TD Calculator: www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
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
Social Media Perspectives for the Insurance Industry — Summary of Webinar
On Thursday, March 19, 2009 a webinar was held covering social networking aspects for the insurance industry. Listed below is a wealth of information and many websites you will find helpful.
The thrust of the webinar focused on social networking being here and now and the importance of business, industry, and professionals taking advantage of this popular and useful marketing and advertising tool. Look at these stats.
Facebook: 150 million users worldwide. Twitter: 1 billion Tweets; 3 million tweets a day. YouTube: 70 million videos Wikipedia: 75,000 contributors; 2.5 million articles in English Blogosphere: 133 million blogs and 346 million reading; 900 posts in 24 hours. Yahoo IM: 248 million users Mobile Phones: 600 million subscribers
Walt Podgurski, CLU, CES, Chairman & CEO, Insurance Broadcasting moderated this fine panel. He encourages everyone to join the Social Media Study Group at Insurance Campus as a way to network and gain access to new ideas and information. Insurance Campus.org will soon be the largest insurance networking site on the Internet. What distinguishes this model is the "user-generated" nature of the content. Members create their own profile, groups, posts, blogs, photos, videos, and more.
InsuranceBroadcasting.Com is a next generation media organization facilitating the exchange of information between insurance industry professionals utilizing the improvements available from emerging technology to deliver meaningful information.
Insurance Newscast – A daily e-mail newsletter subscribed to by over 450,000 insurance professionals from over 40 countries.
Insurance Media Association – The premier network for professionals engaged in insurance media. Over 600 current members practice the disciplines of corporate communication, employee/internal communication, marketing communication, public relations / external communication, media relations, community relations, public affairs, investor relations, government relations, advertising, branding and marketing.
Insurance Webinars – Let us use the drawing power of our 450,000 newsletter subscribers and related media services to build an audience for your message delivered via the Internet.
Workplace Benefits Association - An organization of over 6,000 corporate and individual members engaged in the marketing of benefits that involve the relationship between an employer & their employees, a business & their customers, and an organization & their members.
Pat Ryan's presentation covered Web 2.0 Marketing describing the many areas of social media, such as PodCast, Search Engine Optimization and Search Engine Marketing, social bookmarking and micro blogging and application to business. Also included was a brief discussion of MySpace, Facebook, LinkedIn, ning, twitter, and others.
Rick Morgan gave an overview of Twitter – not only its well known "fun" view, but it's usefulness to business and business professionals. _____________________________________________________________________________________________________________________________- WC Calculator www.ReduceYourWorkersComp.com/calculator.php TD Calculator www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php WC 101 www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel or other professionals 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
Best Practice Companies “Take Charge” of Their Workers’ Compensation Costs by Advisen
Many employers believe that workers’ comp is simply a cost of doing business, not a controllable cost. However, there are many things a company can do to control and reduce their workers’ compensation costs.
Advisen’s new line of workers’ compensation cost containment products includes Workers Comp Kit®, an online tool kit with best practice assessment, scoring & recommendations for improvement; data benchmarking; and “knowledge modules” including over 60 forms, documents and checklists.
The Advisen Team will discuss workers’ compensation cost containment tools.
Four Webinars will be held (all times Eastern, click to register):
Tuesday, March 24, 2009 at 11:00 AM
https://www1.gotomeeting.com/register/189453098
Tuesday, March 24, 2009 at 3:00 PM
https://www1.gotomeeting.com/register/693078424
Thursday, March 26, 2009 at 10:00 AM
https://www1.gotomeeting.com/register/206514758
Thursday, March 26, 2009 at 2:00 PM
https://www1.gotomeeting.com/register/995884118
____________________________________________________________________________________________
WC Calculator www.ReduceYourWorkersComp.com/calculator.php
TD Calculator www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101 www.ReduceYourWorkersComp.com/workers_comp.php
©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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Communication with Employees, Employment Law Issues, Litigation Management, NY Workers Comp Issues, Seminars and Courses, WC 101 |
