Appoint a Workers Comp Leader

When workers are injured on the job, the first step is always to know where they should go for treatment. Once the claim has begun, however, there will be action required on the part of both the employer and the insurance company to make sure the claim process is handled smoothly until fully completed.

Each has a responsibility to the injured employee. The insurance carrier handles all medical and disability processing promptly, keeping the injured employee and employer advised throughout the process. The employer takes any action necessary to see that the claim is being properly handled and reviews the work environment to address potential similar claim exposures.

Designating a workers compensation “leader,” someone on the employer’s staff whose role includes claims monitoring, is an excellent idea. This helps the employer see each and every claim through and gives the insurance carrier and injured employee a “point person” with whom to communicate. Hands-on stewardship of workers compensation claims can also prove invaluable in minimizing the financial and emotional impact on both the business and the injured employee.

Consider appointing a claims leader capable of navigating claims from start to finish.


Not All Injuries Are Covered

It often seems that every conceivable on- the-job injury can yield workers compensation payments, even if the incident seems so ridiculous the employer can’t believe his insurance has to pay for it.

But not every work-related illness or injury is covered. While the specifics vary by state, nolo.com, an online legal resource, identifies the following types of injuries that might not be paid for by workers comp insurance:

• Injuries resulting from the employee’s intoxication and/or use of illegal drugs

• Self-inflicted injuries, sometimes including those received by an employee who starts a fight

• Injuries that are suffered while the employee is committing a serious crime

• Injuries that occur from employee conduct that was in violation of company policy

• Injuries that are not work-related.

Obtaining eyewitness details on all injurious incidents is very valuable, and security camera footage can often also be used if available. Aggressively pursue information on workers compensation events and make sure employees know what is and isn’t covered before an incident occurs.


Enforce Safety Restraint Use

In case after case, forklift operators are seriously injured or killed in accidents for the same tragically avoidable reason: failure to fasten the safety belt. The same is true for operators of other heavy equipment in warehouses, on construction sites, and at many other jobsites.

Many pieces of heavy equipment are designed with a rollover protective structure (ROP). This addition is designed to guard the operator should the equipment topple in an accident. The ROP is designed to work with the safety restraint worn by the operator. Failure to wear the safety belt has resulted in operators being thrown from the equipment and crushed by the ROP itself.

“Lack of comfort” is cited as the main reason why safety belts aren’t used.

Employers need to be diligent in enforcing safety restraint use. Check that operators are wearing safety belts and make it clear that the restraint is not an option. Inspect equipment regularly and replace restraints that have become worn. To make a record of your safety efforts, document all inspections, repairs and enforcement actions.

 
Value in Experience Modifications

Your firm might currently be subject to an experience modification on your workers compensation insurance. Claims and other data used to calculate your modification are derived directly from the past experience of your business. Such measurements of past performance can result in either a debit or credit factor that is applied to your annual policy premium.

That experience modification is an important part of assessing the value of a business, especially if you are buying or selling. Except in a few specific circumstances, the experience modification for the newly combined businesses will be determined, good or ill, from the combined experience of both. When doing due diligence on a potential purchase, you need to take into account the potential impact of your target’s past experiences on your workers compensation premium.

Similarly, if you intend to sell your business to another firm, an excellent workers comp history can be a value enhancer. Document your past performance well and bring it to the negotiating table.

When embarking on any new business venture, talk with your workers compensation representative for information on the role of your insurance.

 
Simple Steps to Prevent Slips and Falls
Among the most common workplace injuries are those caused by trips, slips and falls. The result?

A range of injuries from scraped knees to broken bones to life-threatening head injuries.

Preventing trips, slips and falls can be as simple as good housekeeping. Training staff to remember to close drawers, cover cords, or wipe up spills is a good start. However, other measures should be taken to ensure employees have a safe environment.

• Frequently probe workspaces for uneven flooring. Look for and correct “bubbles” in carpeting, cracking in tile, and any other potential source of a slip or fall.

• Make sure employees are putting tools and materials back in their proper places after use instead of leaving them out as trip hazards.

• Check your lighting. People often trip or slip on something normally visible but not seen due to poor or absent lighting.

• Mark problem areas clearly. Use bright, colorful signs to mark an area of the floor that always seems slick or an unexpected first step so you catch the attention of walkers.

If you have a chronic problem during certain types of weather, such as rain or high humidity, cover the area with an appropriate non-slip surface. The investment in small repairs could save a bundle in injury payments.

 


Tick-Borne Lyme Disease
Warmer weather means more outside work. And that means more exposure to insects. One of the most annoying—as well as potentially dangerous—is the tick.

While many kinds of ticks carry multiple germs, the two that generate the most concern are the dog tick, which can carry Rocky Mountain spotted fever, and the deer tick, which can transmit Lyme Disease.

Symptoms of Lyme Disease are similar to the flu—fever, swollen lymph nodes, stiff neck, headaches, fatigue, and joint/muscle aches. It can also cause a bullseye-like rash; however, such a rash is not a guarantee of infection. Often, Lyme Disease can be treated with antibiotics. Without treatment, the disease can cause severe, long-lasting problems, such as muscle pain, heart disease, brain and nerve disorders, and arthritis.

The best treatment for Lyme Disease is avoidance. To reduce the risk of tick attack, workers should take the following precautions:

• Avoid brushy, overgrown grassy and wooded areas. When walking on paths, stay in the center. If possible, avoid sitting directly on the ground.

• Remove brush and tall grass surrounding work areas.

• Wear light-colored clothing to make ticks easier to spot.

• Wear a hat, high boots or closed shoes and socks.

• Use EPA-approved tick repellant.

If a tick is spotted, use the following method for removal:

• Use fine-tipped tweezers as close to the skin as possible.

• Pull straight out.

• Dispose of the insect without releasing its potentially infected fluids.

 

Handling On-the-Job Drinking

Employees attempting to work while under the influence of alcohol are a major concern for employers. Following are suggestions for addressing an employee who is suspected of intoxication on the job.

Describe the Problem
Prepare a detailed report on the employee’s job performance deficiencies. This should include specific dates absent or leave taken; specific deadlines missed; errors in work; and other problems, such as creating a hostile or untenable work environment for others.

Discuss the Situation with Employee
Focus only on the employee’s job performance and your concerns about it.

State Your Expectations Clearly
At the end of your conference, or very shortly thereafter, present the employee with a written summary of your discussion and the corrective actions you expect to see. Have the employee sign that he’s reviewed the document.

Watch for Changes
If the employee’s job performance improves, no further action needs to be taken. If job performance continues to be poor, you may direct him to your personnel department for further assessment. They, in turn, could have a talk with the employee and later refer him to a specialized treatment center. If the employee does not improve, you may proceed with disciplinary action for poor job performance.

It is important to proceed with caution and to document any actions you take. Consult your legal counsel about conferences and disciplinary steps and make sure you limit the employee’s involvement at work to minimize risk of injury.


 


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  Injuries Outside the Workplace

Work-related illness or injury is not exclusive to the work site. While workers compensation laws vary by state, the premise behind them is the same: to protect workers from the costs of illness or injury arising out of the course of their employment, regardless of where the injury actually takes place.

For example, an employee injured while traveling on business may be entitled to compensation benefits. Staffers who are injured running errands for the business or visiting a business client may also be covered. Recently, workers comp benefits have extended to employees injured during team-building exercises and while attending a business-related social event.

Managing safety is much easier when everyone works on site. However, for many types of businesses this is not possible. Remember that sending employees into the field is an extension of your business and you need to be aware of the risks and potential safety measures that should be in place.

COPYRIGHT ©2011. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is understood that the publishers are not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert advice is required, the services of a competent professional should be sought. 04/11