Tag Archives: workers compensation

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Top 10 Benefits of Return to Work Programs

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According to the Occupational Health and Safety Administration, 4.1 million U.S. employees experience work-related injuries or illnesses each year and 1.12 million of those employees lose work days as a result. With the average employee missing eight days per injury, even a minor injury can create a domino effect in your company.

When employees experience illness or injury, it often impacts their ability to perform their jobs, especially in occupations that are more labor intensive. As soon as your worker is able, it is in everyone’s best interest to return him or her to work in some capacity. Oftentimes, this is done through formalized return to work programs. Return to work programs are extremely effective because they provide benefits to not only the employee, but also your company.

Example Job Duties

Return to work programs involve “light duty” or alternative jobs for recovering employees. For example, you can assign less strenuous or stressful parts of the employee’s normal job or have them work at a slower rate. You can also combine the less strenuous or stressful parts of several different jobs to create one full-time job for the recovering employee; this could free up other workers to take on special projects or catch up with work that is falling behind.

A supervisor can also assign a special project without a tight deadline to a recovering employee. As another alternative, some companies work with local not-for-profit organizations to keep the employee engaged with light work duties while making a notable contribution to the community.

Establishing these types of assignments will create a more fruitful and engaging return to work program. Still not convinced? Here is a list of the top 10 benefits of return to work programs for both your employee and business.

Top Benefits for Your Employees

Implementing a return to work program for injured employees communicates care and concern. It also shows employees that you value their well-being and want them back on the job as soon as possible.

Employees benefit in the following ways:

1.            Retaining full earning capacity

2.            Maintaining a productive mindset

3.            Staying on a regular work schedule

4.            Avoiding dependence on a disability system

5.            Having a sense of security and stability

Top Benefits for Your Company

A return to work program can also benefit your company financially by:

1.            Anticipating and controlling hidden costs

2.            Reducing financial impact of workplace injuries

3.            Providing a proactive approach to cost containment

4.            Improving your ability to manage an injury claim and any restrictions

5.            Getting your experienced employees back to work, resulting in less time and money spent on recruiting and hiring

It should be no surprise that a simple workers compensation case may result in expensive litigation. A well-executed return to work program will also provide clear expectations and guidelines for employees injured on the job and have been shown to reduce litigation.

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Additionally, many workers compensation insurers now require their clients to establish return to work programs.

If nothing else, having a well-documented return to work program will show a prospective insurance company that your organization takes risk management seriously. It’ll demonstrate a commitment that may mean the difference in getting into a better insurance deal and/or more favorable rates.

Getting Started

Establishing a return to work policy and or program is not difficult. Some companies already include many of the policies unofficially in the way they handle claims. It is important, however, to execute these programs correctly. Clear guidelines and specific, consistent policies must be established in writing. Your insurance broker or carrier’s loss control or claims personnel can help you get started.

According to data collected by the Job Accommodation Network, 74% of employers that implemented some form of return to work accommodations rated them as either very or extremely effective—with most accommodations costing the employers nothing. Of those that do have associated costs, the one-time expenditure on average is 0.

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Seeing the minimal costs involved and the resulting high value begs the question: why not implement a return to work program?

Tenn. Legislators Introduce Workers Comp Option Bill

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A bill that would give companies in Tennessee a free market alternative to state-mandated workers compensation insurance was introduced yesterday by Sen. Mark Green (R-Clarksville), a physician and vice-chair of the Senate Commerce and Labor Committee, and Rep. Jeremy Durham (R-Franklin), House Majority Whip.

The Tennessee Option draws from the best practices of Texas nonsubscription and the Oklahoma Option, according to the Association for Responsible Alternatives to Workers’ Compensation (ARAWC). The Option is designed to provide Tennessee employers an alternative for funding and responding to occupational injuries while still protecting employees and their families. The key components are employee accountability, medical management, employee-employer engagement, and free-market competition.

“The core focus of the Tennessee Option is to help injured employees get back to work faster,” Sen. Green said in a statement. “Making that happen requires good benefits, strong communication, and will lead to higher employee satisfaction. An Option will also give job creators a way to save more than 50% on workers’ comp costs, so they can invest in growth and more employees.”

ARAWC spokesman, Brent Buchanan told the Monitor that the bill has been in the works for about six months and the next step is a committee hearing. Because of its strong sponsorship, there is a good chance it will pass this legislative session, he said.

Janine Kral, president of ARAWC and vice president of risk management at Nordstrom said in a statement, “The Tennessee Option is a local effort driven by the bill sponsors with the support of Tennessee employers and associations. ARAWC will serve as a resource to this local group that is focused on providing a free-market alternative to workers’ compensation insurance.”

Oklahoma passed Option legislation in 2013. Texas has allowed alternative injury benefit programs for more than 100 years, ARAWC said, adding that Texas employers using the Option have saved billions of dollars while increasing return-to-work rates.

According to ARAWC:

Private employers can elect the Tennessee Option. Current Tennessee law allows cities, counties and school districts to opt out of the workers compensation system and several have elected to do so. Tennessee law already exempts employers with less than five employees from the requirement to provide workers compensation insurance. The Tennessee Option legislation will not amend those current exemptions. The Option will not be available to construction or coal mining companies due to their unique industry requirements.

By removing various third parties from between the true stakeholders – employees and employers – the Tennessee Option will encourage more collaboration between the parties. At least a mandated level of benefits must be paid. Many Option employers will pay higher wage replacement benefits than workers’ compensation. The employer must prove that financial security is available to pay the benefits, and a guaranty fund will be established. Stringent appeal rights are included in the Option to provide employees due process. Due to disclosure requirements, employees in an Option will be more aware of their injury benefits and the processes for procuring them. And more employee accountability will lead to better medical outcomes, which is good for all parties.

 

The End of the Florida Workers Compensation System?

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Workers Compensation Florida

A recent development in Florida has jumped that state to the front of the age old workers comp debate between employers and their workers. On August 13, Miami-Dade Circuit Judge Jorge Cueto declared the state’s workers’ compensation exclusive remedy statute (440.01 et seq.) unconstitutional on the grounds that the benefits given to injured employees by the law no longer provide a fair exchange for the surrender of an employee’s right to sue the employer for negligence damages. “The benefits in the act have been so decimated that it no longer provides a reasonable alternative,” said Judge Cueto.

For years, workers rights attorneys in Florida have been asking judges to strike down the Florida workers compensation law. They argue that successive state legislatures have continually eroded the benefits that injured employees receive under the workers comp system. Employers and some legislators counter that high workers comp insurance premiums have those changes necessary in order to stabilize the state’s economy.

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For now, Judge Cueto’s ruling will not impact areas outside of Miami-Dade’s judicial circuit. Florida Attorney General Pam Bondi, who has received criticism for not directly intervening in the Miami-Dade case on behalf of the state, has filed an appeal to Judge Cueto for a rehearing. If that appeal is denied, as seems likely, then the case could eventually make its way to the Florida Supreme Court. Should the Supreme Court uphold Judge Cueto’s ruling then workers throughout the state will be able to settle their workers compensation claims, then file a civil claim to recover additional benefits.

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This case will join other cases challenging parts of Florida’s workers comp statutes. The state Supreme Court is considering an appeal from an injured firefighter who was left with no income after his temporary wage-loss benefits expired.

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Health Care Reform and Workers Compensation

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Since its passage in 2010, the Affordable Care Act (ACA), commonly referred to as health care reform, has been the subject of intense political debate and a source of anxiety for many employers. Although most employers have focused on the law’s health benefit requirements, the ACA is also expected to impact how they manage their workers compensation costs in the following ways:

Workers’ Health

Proponents of the ACA say that it will lead to a healthier society. Advocates say that because more people will have access to health care, there will be a reduction in comorbidities. There is, however, no significant evidence to support this contention. For example, data from the Centers for Disease Control and Prevention indicate that heart disease remains the leading cause of death in the United States and that the percentage of Americans with a high body mass index has steadily climbed over the last 50 years—two trends that are not confined to the uninsured population.

Cost Shifting

Employers have long been concerned that injuries from non-work-related causes will be shifted to workers compensation. Doing so is tempting because of workers compensation’s combination of higher reimbursement rates for medical providers and lack of deductibles and co-payments for employees.  Some have speculated that the greater access to health insurance promised by the ACA will reduce this shift to workers comp.

It has become clear, however, that the law will not result in all Americans having health insurance coverage. With the ACA requiring that employers offer coverage to all employees working 30 or more hours per week starting in 2015, one-in-10 large companies are planning to cut back on hours for at least a portion of their workforce, according to “Mercer’s National Survey of Employer-Sponsored Health Plans” 2013.

Access to Care

Probably the most predictable outcome of the ACA is that it will increase the number of individuals in the U.S. with health insurance coverage. Despite the potential benefits, this could put additional stress on a health care system that is already short on doctors.

This is particularly troubling as it relates to specialists and the potential for delays in obtaining diagnostic tests and scheduling elective surgeries and other procedures. Longer periods of disability and complications as a result of such delays would ultimately drive workers’ compensation costs up.

With this added pressure on a limited number of medical providers, it becomes more important than ever for employers to develop medical networks that focus on quality of care and outcomes—even if it means paying more on a fee-for-service basis.

Standards of Care

Traditionally, the health care industry’s focus has been on volume; more patient admissions, tests, and procedures translated to higher revenues. Post-reform, however, the industry has shifted its focus to improving standards of care and achieving better patient outcomes.

If this transition results in less emphasis on costly procedures, which often produce questionable results, workers’ compensation costs could be reduced.

Although it remains to be seen whether the standards of care developed under the ACA for group health care would be enforced under workers compensation, this is a promising development for employers.