Injured workers who feel engaged with their companies typically recover faster, have lower-cost claims, and rarely – if ever – seek attorneys, compared to other workers. Instead of an adversarial relationship, these employees trust their employers and, in turn, the workers’ compensation system. Engaged employees who become injured at work go through the workers’ compensation process the way it was designed.

Getting employees to engage with their organizations is not a one- or two-step process. But it also doesn’t need to be unreasonably complex. Companies that think of their employees as team partners and valued customers from day one have an easier and less expensive time of it.

Pre-Hiring

Employee recruitment and hiring methods can set the right tone for employees to feel engaged with their companies.

1. Employee referrals. Job applicants who are referred by current employees are among the most engaged workers. Building trust with new employees who already feel they have an ‘in’ with the company is much easier than starting from scratch with someone who is not familiar with the organization or its culture.
2. Community outreach. Short of in-house referrals, partnering with local institutions, goes a long way to help job applicants feel an affinity with a company. More than just responding to a blind ad, those who seek employment through organizations they know and trust are more likely to have positive feelings about the company from the very beginning. Some companies are reaching out to local colleges and even high schools to recruit new talent, especially with the exodus of baby boomers.
3. New technology. Using new technologies is another way employers can gain the trust of new, especially younger recruits, in several ways.
   1. Younger workers are comfortable with new technology, as they’ve grown up with it.
   2. Artificial intelligence, robotics, machine learning, and the like can be implemented to handle the more repetitive, mundane tasks of a job, leaving the new worker to undertake more important and challenging tasks.
   3. Educating recruits on the advantages of new technologies, including that these are there to help not replace workers, lets them know the company cares about them beyond just being a faceless job holder.

Once Hired

During the onboarding process and initial employment, employers can focus on making sure the new recruit feels connected. Having an inviting culture is key. Employees who truly believe the company cares about them are more inclined to be engaged, then those who do not.

Employers can demonstrate they have a caring, supportive culture in a variety of ways.

4. Health and well-being. Whether it is physical, emotional, or financial health, organizations can demonstrate they are genuinely concerned about their workers, through employee assistance programs and other avenues.
5. Resilience training. Employees on the front lines, especially customer service representatives, can be barraged by negativism day in and day out. This can take an emotional toll on even the most resilient person. Helping incoming employees improve their resilience skills also makes them feel more a part of the team.
6. Fun environment. The work needs to get done. At the same time, however, the atmosphere does not need always to be strict and rigid. Allowing workers to experience lightness is OK. For example, allowing them to decorate their work areas for Halloween or holding the occasional pizza party during lunchtime can be great stress relievers and help workers feel connected and engaged.
7. Mentoring. New workers typically feel alone and somewhat anxious about coming into the new environment. Pairing them with a more seasoned, non-managerial worker helps them acclimate not only to the job requirements but the overall workplace community.
8. Personal growth. Organizations that prevent workers from exploring new opportunities may find their workers leaving. Instead, find out what goals and dreams workers have and allow them to experience other parts of the company that may fit their desires. Work rotation, for example, allows workers to learn about other parts of the organization and allows them to grow while feeling more engaged with the company.
9. Transparency and Employees don’t live in a vacuum. They talk to other people, pay attention to the news and social media, and will likely know if something unusual is going on, whether it’s bad or good news. Instead of keeping employees in the dark, organizations are advised to stay ahead of any news about the company and communicate it with them. This also ensures whatever news an employee sees on social media doesn’t spiral out of control.
10. Include remote workers. As more employees work from home or other remote locations, employers may struggle with ways to engage them. But these workers can feel connected to the company through virtual means. Mentorships programs, for example, can extend to remote workers. Highly-engaged small groups can be established online, where workers frequently communicate with one another. Virtual meetings via webcams can be held. Online company newsletters can keep remote workers informed, especially if they are also encouraged to contribute to them.
11. Create a diverse and inclusive mindset. All employees should feel comfortable with their coworkers and unafraid to shares their views – even if they differ from those of their coworkers. Meetings should include workers from all parts of the company, from the mailroom to the C-Suite, and all workers should be allowed and encouraged to express their opinions.
12. Seek employee feedback. Anonymous employee surveys that elicit honest opinions about the company can identify areas where changes can be made to improve engagement.

Conclusion

Employees who feel engaged with their companies and fellow workers are happier, more productive, and less likely to leave for greener pastures. When they become injured, they are more likely to adhere to their treatment plans and, therefore, recover and return to work more quickly. And they are far less likely to seek out legal counsel. Organizations that understand this and work to make their employees feel connected are more likely to see better bottom lines.

Author Michael Stack, CEO Amaxx LLC. He is an expert in workers’ compensation cost containment systems and helps employers reduce their workers’ comp costs by 20% to 50%.  He works as a consultant to large and mid-market clients, is a co-author of Your Ultimate Guide To Mastering Workers Comp Costs, a comprehensive step-by-step manual of cost containment strategies based on hands-on field experience, and is founder & lead trainer of Amaxx Workers’ Comp Training Center .

Contact: mstack@reduceyourworkerscomp.com.

Workers’ Comp Roundup Blog: http://blog.reduceyourworkerscomp.com/

©2019 Amaxx LLC. All rights reserved under International Copyright Law.

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker, attorney, or qualified professional.

One of the goals of every workers’ compensation program should be to get the employee back to work following an injury.  When returning the employee to work, interested stakeholders and those seeking to reduce workers’ compensation costs should seek to do so by finding employment at the date of injury employer.  When seeking to return that person to work, it is important to have an effectively written job offer.  Failure to do so can cause delay and be met with ongoing and unnecessary litigation costs.

Understanding Written Job Offer Requirements

The requirements of a written job offer are outlined in greater detail in statute and regulation.  There are also other factors to consider based on developed case law.  Members of the claims management team and employer representatives should understand these jurisdictional specific requirements and carefully follow them.  Always consult with an attorney when there are questions.

Back to the Basics: Preparing an Effective Written Offer

It is referred to in workers’ compensation as a “written job offer” because the most important requirement is that the offer for future employment following a work injury must be in writing.  The nature of that written (paper copy versus e-mail) may also be subject to judicial interpretation.  The result is the best offers are on a piece of paper and either directly handed to the employee or sent via certified mail/receipt request to ensure it was delivered.  There is developing case law that suggests the offer can also be sent via email or tax.

There are also other basic requirements.  These often include the following:

• The job offer must be suitable: There are varieties of issues to consider in this element.  The offer must be something that is available at the date of injury employer at a wage commensurate with ability and skill;

• The job offer must be defined: These standards are often outlined in statute/regulation with supporting case law interpretations.  General factors to include are that it be a part of an approved vocational rehabilitation plan, within the employee restrictions and produces an economic status as close as possible to the employee’s pre-injury condition;

• The job offer must be offered at the right time: It is important to understand if this job offer can be made before an employee reaches maximum medical improvement.  This is an essential requirement in many jurisdictions with “timing” requirements; and

• The job offer must include detailed information: Important parts of any job offer should include a job title, wages and hours, physical demands of the position (detailed description of the work one would perform) and whether the employee is capable of performing this job with success given their physical and vocational limitations.  This is often subject to a battle of vocational experts.

Failure to Accept an Appropriate Written Job Offer

The failure of an employee to accept or reject a valid written job offer can have significant implications for a workers’ compensation program.  In many jurisdictions, this can include discontinuance of, or complete future forfeiture of one’s wage loss and vocational rehabilitation benefits.  Most states do not limit an employee’s ability to receive future medical care and treatment based on the rejection or failure to accept a valid written offer.  An attorney knowledgeable in a jurisdiction’s workers’ compensation law can provide a legal opinion on these matters.

Conclusions

Members of the claims management team and other interested stakeholders should seek creative ways to place an injured worker back to work to reduce workers’ compensation program costs.  One such tool is preparing and giving an injured worker an effectively written job offer.  When preparing this written offer, it is important to ensure it is received by the employee and meets the legal requirements of a workers’ compensation act.

Author Michael Stack, CEO Amaxx LLC. He is an expert in workers’ compensation cost containment systems and helps employers reduce their workers’ comp costs by 20% to 50%.  He works as a consultant to large and mid-market clients, is a co-author of Your Ultimate Guide To Mastering Workers Comp Costs, a comprehensive step-by-step manual of cost containment strategies based on hands-on field experience, and is founder & lead trainer of Amaxx Workers’ Comp Training Center .

Contact: mstack@reduceyourworkerscomp.com.

Workers’ Comp Roundup Blog: https://blog.reduceyourworkerscomp.com/

©2018 Amaxx LLC. All rights reserved under International Copyright Law.

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker, attorney, or qualified professional.

Workers’ compensation claims professionals and other interested stakeholders face many challenges in their programs.  One important challenge is running a program that is consistent with the applicable workers’ compensation act and not conflicting with the Americans With Disabilities (ADA) Act.  Failing to understand this matter can result in serious legal consequences and impact your bottom line.

What is the ADA?

The ADA is codified under 42 U.S.C. §12101, and is an important civil rights law that prohibits discrimination based on disability.  It was enacted in 1990 and laid the groundwork for greater inclusion of persons with disabilities in American society, which includes those suffering from a work-related injury.

There are many legal nuances to this law, so it is important to consult an attorney if you have questions.  Areas of concern as outlined by the U.S. Equal Employment Opportunity Commission (EEOC) include:

• Whether a person with an occupational injury has a disability as defined by the ADA;

• Disability-related questions and medical examinations relating to occupational injury and workers’ compensation claims;

• Hiring practices concerning a person with a history of occupational injury, return to work of persons with occupational injury, and application of the direct threat standard;

• Reasonable accommodation for persons with disability-related occupational injuries;

• Light duty issues; and

• Exclusive remedy provisions in workers’ compensation laws.

3 Times to Consider the ADA in Workers’ Compensation

Employers and other interested stakeholders need to understand the value anyone with a disability has and how it can impact the work environment in a positive manner.  Contrary to popular belief, people who may be disabled want to work as it provides a number of intangibles that benefit morale and self-worth.

Keeping this in mind, employers need to consider the following touchpoints in their hiring and workers’ compensation programs:

Pre-employment:

All hiring polices need to comply with the ADA and its mandate of non-discrimination.  Asking potential new hires about disabilities or work restrictions many result in legal action.  It is also important to keep in mind that a disability is not limited to physical barriers.  Various mental health conditions can qualified as a covered disability under the Act.

Issues concerning drug testing also come into play under the ADA.  As a general rule, employers can ask all applicants to submit to a drug test as part of the pre-employment process.

Post-work injury:

Employee’s suffering from a work injury can also be covered under the ADA.  A common misconception is the ADA only applies when an employee reaches MMI, this is incorrect. A person injured at work can immediately be considered a “qualified individual with a disability”. At the time of injury a referral to HR and a discussion, referred to as the “interactive process” regarding reasonable accommodations must occur.

Additional areas of concern include job search requirements, return-to-work/employment transitions and light duty.  Employers should work with various professionals within their organization when crafting a return-to-work plan and requires modified job duties or positions.  Additional considerations should also be given to time off from work to attend medical appointments, etc.

Post-injury Termination of Employment:

Problems also arise following a work injury when the employee’s position is eliminated or that individual is terminated.  It is important to document all steps that are taken and involve legal counsel.  Employers should also involve specialized counsel if they are requesting a global settlement of a workers’ compensation claim that involves a voluntary resignation of employment and release of all claims.  Issues to consider include a separate employment release and monetary consideration beyond what is paid for workers’ compensation benefits.

Conclusions

Workers’ compensation claims are complex and require an understanding of the law.  The ADA is an important consideration for those involved in handling claims and the myriad of associated issues.

Author Michael Stack, Principal, Amaxx LLC. He is an expert in workers compensation cost containment systems and helps employers reduce their work comp costs by 20% to 50%.  He works as a consultant to large and mid-market clients, is co-author of Your Ultimate Guide To Mastering Workers Comp Costs, a comprehensive step-by-step manual of cost containment strategies based on hands-on field experience, and is founder & lead trainer of Amaxx Workers’ Comp Training Center. .

Contact: mstack@reduceyourworkerscomp.com.

Workers’ Comp Roundup Blog: https://blog.reduceyourworkerscomp.com/

©2017 Amaxx LLC. All rights reserved under International Copyright Law.

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker, attorney, or qualified professional.

With the economy experiencing a resurgence, businesses find themselves in need of a workforce expansion. This expansion compels companies to consider the cost of injury compensation claims as they pertain to the age demographics of employees.

Economic recovery, while certainly welcome, has brought its own set of issues for employers. Particularly in the area of hiring enough help to meet increasing production demands, businesses are scrambling to bring in workers and, in many cases, those new hires are frequently made out of desperation.

Compounding the issues created by the mass hiring-attrition cycle, is the presence of a multi -generational workforce with vastly disparate perceptions and styles in regard to work, learning, and life.

The increase in injuries and Workers’ Compensation claims over the past several years is reflective of the impact of increased production on older workers having to work overtime, and often in positions with which they are unfamiliar.

Simultaneously, companies are attempting to hire and retain younger workers with no experience and physical conditioning unsuited to job demands.

The urgency to move new employees quickly into the production environment is often at the cost of adequate training and conditioning and into jobs that do not meet individual engagement factors, particularly of a young worker. Baby boomers are estimated to make up 20% of the workforce in 2015, according to a recent article in Safety National. Millenials, those aged 16-34, represent about 13% of workers, but are the largest segment of our population today.

While the cost of injuries to older workers is significantly higher in the short term, a research brief published in NCCI’s Workers’ Compensation 2015 Issues Report indicates that, “…younger workers cost approximately 60% more per year per claim than older workers.”

With regard to the impact of length of employment on Workers’ Compensation costs, in a publication entitled Recession, Recovery, and Workers’ Compensation Claims, Zurich insurance reports that “…workers with less than one year of experience represent 38% of lost time claims and 43% of lost time costs.”

Addressing the intertwined issues of age and job tenure is a challenge for business.

Five areas of consideration are critical:

1. Hire wisely: Utilize physical abilities testing as part of process. (The testing must be matched to the job’s functional requirements.)
2. Engagement: Develop and implement opportunities to ensure all team members are connected and supported from the first day of employment.
3. Mentoring and reverse mentoring: Pairing new and seasoned workers over an extended period of time to exchange unique knowledge and interests. Older workers offer corporate knowledge and tips for performing their jobs, while younger workers can share their skills in utilizing technology.
4. Training: Workplace safety and “smart” work practices, including extended period of conditioning for new workers in physically demanding jobs.
5. Emphasize health and fitness for all employees.

Ultimately, economic recovery is dependent on smart hiring and successful integration of new and old workers to avoid costly recruiting and injuries.

Author Linda Weeks, Medcor, Executive Director of Training/ Director of Operations. Medcor helps employers reduce the costs of workers’ compensation and general health care by providing injury triage services and operating worksite health and wellness clinics. Medcor’s services are available 24/7 nationwide for worksites of any size in any industry. Headquartered in McHenry, Illinois, the company operates 174 clinics and provides triage services to over 90,000 worksites across all 50 states and US territories. Medcor’s triage methods are covered by U.S. & foreign patents, including U.S. No. 7,668,733; 7,716,070; & 7,720,692; other patents pending. Medcor is privately held. Learn more at www.medcor.com.

All too frequently we see incidents where a present or ex-employee comes onto the workplace with firearms and wounds or kills members of the existing staff.

The survivor heartbreak for those killed is huge. Many of the wounded can be left with permanent physical injuries.  All employees, whether victims or by-standers, may face post-traumatic stress syndrome, and the grieving process may require professional intervention.

The recovery and healing process will go on for an extended period of time, and some workers may never get over the fear that it could happen again.

Employer Response:

This type of loss demands that the employer be concerned, sympathetic, and require prompt response from the claim units.  Personal interface with each employee and family involved is mandatory to address all concerns at once.

Employers should lead the road to recovery by example and take all steps necessary to resume normal operations. This may even require a new location for operations if the shooting scene is too horrific to be forgotten.

Challenge any and all facts presented by the media to the public that are not true or confirmed.

Causes:

What makes an employee turn into a dangerous individual to wreak havoc can be a number of different factors.

Some try to attribute it to such factors as:

1. Social or permissive attitudes.
2. Substance Abuse.
3. Poor social skills of the perpetrator.
4. Physical Abuse
5. Impact from fellow employees.
6. Actual or presumed factors from the job, management, or fellow employees.

The causation list is long and debatable.  However, the leading cause in most of these murderous rampage tragedy’s stems from mental illness.  Some are due to domestic issues, and others are due to emotional triangles.

Those that may have developed because of work environment still show that there were mental issues prior to commission of the act.

The United States Supreme Court:

One of the challenges in the prevention of mentally induced violent attacks is the misapplication of the Supreme Court 1975 ruling “O’Connor v. Donaldson.”

Without rehashing the facts of the case, the conclusion was that no mentally ill person could be indefinitely deprived of freedom by the state. This is especially applicable when the individual is not a danger to anyone, and can live safely in freedom.  It further goes on to insinuate that persons may have been confined just to be deprived of needed care.

The key is that the person is not a danger to anyone and can live safely on their own.

Determining Exposures:

It is difficult to ascertain mental illness.  People may be arrogant, conniving, rude, manipulative, moody, anti-social, angry, insulting, argumentative, professionally aggressive, or have dozens of other personality issues that society frowns on. Yet, that does not mean they suffer from a dangerous psychotic illness.

Mentally ill people can often hide their conditions.   It takes time and professionals trained in psychiatric disorders to uncover a mental disorder.  It takes even longer to determine if the person can become dangerous to self and others at large.

Some conditions are temporary, and many conditions are mild and can allow the individual to function without a danger to others and live safely on their own.  These people can function to a point where society may not even be aware of a problem

Under the situations mentioned above an employer is almost powerless to determine when an employee is or may become unstable.  Few employers would accuse or take action against any employee as a mental risk under these conditions.   Further, if the employer was to take any action they might be charged with violating “O’Connor vs. Donaldson”

A Known Exposure:

There are tragedies where the employer and fellow employees knew the offending person was dangerous, and going to the police for help was no solace. The police could do nothing.  The excuse given:  “There is nothing that can be done until the violent one acts in a dangerous manner.”

This is the misapplication of “O’Connor vs. Donaldson”.

Pre-Employment Testing:

There are personnel tests to determine mental capacity and stability, and the results show improvements in employee outcomes.   However, the tests are not full-proof, and a troubled person that is trained to pass the test could be hired.

Conclusion:

Murder and maiming occur on the job by unstable employees.  While it may be impossible to create a system to protect against all potential dangerous employees, employers need to be diligent and work with a best-in-class provider to hopefully prevent the next tragedy.

Author Michael Stack, Principal, COMPClub, Amaxx LLC. He is an expert in workers compensation cost containment systems and helps employers reduce their work comp costs by 20% to 50%.  He works as a consultant to large and mid-market clients, is co-author of Your Ultimate Guide To Mastering Workers Comp Costs, a comprehensive step-by-step manual of cost containment strategies based on hands-on field experience, and is founder of COMPClub, an exclusive member training program on workers compensation cost containment best practices. Through these platforms he is in the trenches on a working together with clients to implement and define best practices, which allows him to continuously be at the forefront of innovation and thought leadership in workers’ compensation cost containment. Contact: mstack@reduceyourworkerscomp.com.

©2015 Amaxx LLC. All rights reserved under International Copyright Law.

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker, attorney, or qualified professional.

Work comp, when it first started, paid only for obvious traumatic injuries. It did not pay for slow starting injuries (repetitive stress), occupational diseases, or physical injuries which, when they healed, left the worker with mental damage (depression, phobia, etc.).

Dissatisfaction With Life Often Leads To A Large Work Comp Claim

Eventually, all those became covered in nearly all states. But what about purely “mental stress” injuries which were not accompanied by physical symptoms? These, perhaps, account for more than half of all comp costs, but they have become masked by a comp system that insists that a treating doctor, at some point, link the claim to physical consequences, either at the start or the end of a claim.

What is the purely “mental stress” that causes so much increase in comp costs? It is nearly always dissatisfaction with a life situation, oftentimes not work related.  A bad relationship often leads to a large claim with a large settlement.

Why do such situations become entrenched in the comp system? Well, there is no affordable way that an investigation can gather enough credible evidence to limit such claims, even though the correlation of bad claims with bad life situations is no secret to claims departments.

Every defense comp attorney has seen, at some point, an employer who tries to develop a defense, but has to drop it when it becomes far too obvious that it will require family members to disclose the darkest secrets and, moreover, to testify against each other. Obviously, an administrative disability system is not the best way to deal with this.

Do Not Hire Next Year’s Work Comp Claim

An employer is also poorly equipped to deal with this, but is far better than a claims unit. The first piece of advice is to recognize potential danger signs, preferably before, not after, the time of hire. The author said, twenty years ago, “Do not hire next year’s claim”. But he surely wasn’t the first to say it. Nor, judging from remarks posted on the web, has he been the last. 

So improved hiring practices are the most effective way to deal with the most troublesome of all claim situations; dealing with dissatisfaction with life by trying to buy it off. It simply does not work.

But what can be done once you have hired next year’s claim, and the year is nearly over? Unfortunately, even the best outcome doesn’t come cheap, but if it is not viewed as a learning exercise it will become a “repetitive stress” experience for the employer, since such claims have a way of growing.

Danger Signs Should Be Detected In Interview

A small employer, with only a single office secretary as his work staff, discovered, the hard way, two valuable lessons. However, he learned both far too late to save his business. The first lesson was that a single part time clerk still has to be covered by work comp – and he didn’t have a policy. The other lesson was that a young employee, willing to work for a minimal wage, had too much education to be content with such a wage, unless something was very wrong. The worker, once out on a back claim, continued to remain on it for 18 years, and continues on it.

The real reason for the extended disability had nothing to do with back pain. Instead, there was a real desire to retreat from the world and live at home, never developing outside relationships at all. The danger signs should have been detected at the interview.

Employers must be aware that work comp is the law which is most tilted in favor of the worker. “In favor of” means that claims which probably should not be paid usually are paid. And that includes claims which are due to pre-existing “stress” with no relationship to work.

The lesson is, for employers, that an extra hour during an interview, can replace $100,000 in disability payments. (The case mentioned above has cost the employer $241,000 to date, with no end in sight. In return, the employer received a year of substandard work.)

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

Editor Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: mstack@reduceyourworkerscomp.com.

©2013 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

Companies Try Using Independent Contracts to Save Costs

To keep costs low, some smaller companies may use an outside work group, staffing service, other “on-call” workers, subcontractors, or independent contractors (IC).  The goal of doing this is to not make them an actual “Employee” and thereby save on costs and insurance, salary, benefits, and the like.

Pretty clever!  You are probably feeling pretty good about yourself.  You were able to staff your job requirements all while shifting risk and injury exposure to the person that accepted the “subcontracting or independent contracting” job.  So, if this Independent Contractor falls off the roof and breaks bones, who cares that is their problem!  Right? 

Probably not.  Actually you may incur some major penalties (depends on Jurisdiction) for trying to do something like this.  Case in point—this happened to a person I know.  He is a 28 year old self-employed General Contractor.  He found a guy on Craigslist looking for help on a roofing job.  He was slow as far as work went so he decided to help out.  The hiring guy sent him the location info, and they began working.  The hiring guy controlled the work hours, the location, the pay, and the duties that my friend would be doing.

“Independent Contractor” Fell Off Roof & Awarded Work Comp Benefits

One day they were to finish a roof on a home they were renovating.  They had a scissor lift for one more day, so they had to get the job done or else it would cost more rental fees, which of course the hiring guy wanted to avoid if possible.  He told my pal to head up and check if the roof shingles were frozen since it had snowed the night before.  He crawls out the window to get roof access, then proceeds to slip off the roof and fall a few stories to the ground.  He sustained severely fractured ankles both requiring ORIF, plates and screws, and so on. The poor guy was bedridden for almost 4 months, and has a rough road to recovery.  He has undergone three bilateral surgeries thus far, with the odds of needing bilateral ankle replacements in the near future if he doesn’t see better progress.  In addition, if the ankle replacements fail the docs will most likely want to do ankle fusions, which mean years of pain, stiffness, arthritis, knee problems, back issues, hip problems due to altered gait, and so on. 

After the accident he consulted an attorney, who filed suit against the hiring guy, and the house owner.  Both carriers for the hiring party and the home owner quickly opined that he was an Independent Contractor, not an employee, and he was to use his own health insurance carrier for benefits.  They even went so far as to not attend a scheduled mediation with a Judge.  The Judge deemed the hiring party and the home owner at fault, and handed down a $2.5 million dollar Judgment. 

Even though my friend was not deemed an “employee” of the hiring guy, it didn’t matter.  Because the hiring guy had control of job duties, controlled hours worked, and wages owed, that was enough in this Jurisdiction.  I am sure they will appeal this, but the fact remains that even though they thought they were in the clear, they got handed a massive monetary amount to be owed to my friend.

Hiring An Independent Contractor Comes With Risks

This risk of thinking you are hiring an Independent Contractor comes with its share of horrors, and I am sure this is a lot more common than people think.  It is easy to assume that because a worker is not an official employee of yours that you do not have any risk involved.  It is probably the other way around.  You should always discuss your situation with legal counsel, as well as keep in mind these other factors:

1. Control of work and wages

If you deem that you are the one controlling the hours worked, the wages paid, and the duties performed, then chances are you are going to have some exposure whether your worker is an employee or not.  Are expenses reimbursed?  Do you pay mileage?  Are you supplying tools and supplies?  Did your temp worker sign any kind of waiver or do you even have a form for them to sign?  If not, it may be something that can protect you from certain risk exposures.  

2. Does your temp worker have insurance?

Before you allow anyone to work with you in your job site, do they have their own insurance, or workers comp policy in place?  Do they have their own insurance plans, pension, and vacation pay?  Do they have their own staff of employees or it is just this one worker?  Is the work performed their main line of business?  All of these important questions need answers before you allow someone to start work.

3. What is the exact relationship between the two parties?

Going back to above, do you have a waiver for this worker to sign that excuses you from any and all liability, both seen and unseen, known and unknown?  If you do not have any documentation in place, you should consult Legal Counsel to draft up some sort of waiver to protect you should an injury occur.  You may not be able to waive all of your liability, but you may be able to lessen the exposure.  In a case like my friend, you never know what is going to happen on any given day.  This is especially true in a construction atmosphere where you may have several different types of Independent Contractors coming and going from the premises. 

Summary

Depending on your jurisdiction, there can be much criteria for a worker to pass in order for you to be free and clear from any and all exposure.  If your practice is hiring a lot of workers independent contractors, it will always be best to err on the side of caution.  The answers the three questions above will help you determine you get started.  Do your homework, and take the time to talk to an attorney that specializes in this practice.  You will thank yourself later, just in case that horrible fall should happen on your job site.

Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher.  www.reduceyourworkerscomp.com.  Contact: mstack@reduceyourworkerscomp.com.

©2013 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

As productive members of your workforce, employees must participate in your Workers’ Compensation Claims Management Program.  An important factor that correlates strongly with the employer’s ability to control workers compensation costs is the ability to communicate effectively with employees.  

Here are some things you might want to require that will often make a difference in the final outcome of the workers comp claim.

• Accidents must be reported immediately after an injury. Employees should be encouraged to openly communicate with their supervisors and tell them immediately if there is even a potential for a strain to develop into a workers comp injury. Every personal injury lawyer knows that soft tissue injuries may not develop fully until weeks after the injury. Conditions that are treated immediately may be halted from developing into a full blown workers comp injury that can take an employee out of work.

• Injured employees must bring your injury treatment form to the doctor who treats them. They must get this form updated at intervals you request (e.g. every two weeks). Make sure that you give both the employee and the treating physician sufficient copies of the form so that this simple step is done without excuses.

• Have their doctor fax this form to the workplace within 24 hours of each appointment. Make sure your fax number is clearly visible on the form. If you don’t receive the form, call the employee and the doctor to make sure this gets done. The longer the doctor takes to fill out the form, the less details you are likely to get, as the appointment won’t be as fresh in the doctor’s mind. Make sure you have the doctor’s full name and phone number.

• They must attend weekly status meetings at the workplace (unless they are medically unable) until they are back to work in their original job at full capacity. If they are bedridden a nurse case manager can make a home visit, if approved by your legal counsel. Give the nurse case manager a questionnaire to immediately complete and return to you.

• Be available for medical appointments and company meetings during normal business hours. If not, you need to find out the reason

• Provide updates about their medical condition. Ask for details, don’t just accept that they are “feeling the same.”

• Participate in the transitional duty program as required by policy. Have a written transitional/modified duty program ready for employees who can return to work with restrictions so that employees will know what is required of them. 

• Comply with all program policies. Make sure all of your policies are in writing and are easily available for the injured employee to access. The policies should be in the employee handbooks distributed to all employees, covered at safety meetings and redistributed to the employee after an injury.

• Sign an acknowledgement form stating they have been informed of and understand all requirements. 

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