Even the best-intentioned employers find the constantly changing federal OSHA guidance on COVID-19 unnerving. For example, consider the decision whether to report an employee’s hospitalization or death due to COVID-19, which was addressed with different guidance in April, May, July, and, most recently, October (see OSHA watch). Moreover, few citations were issued in the Spring […]

COVID-19 lawsuits, liability immunity, waivers, and refusal to return to work Lawsuits According to data collected by the Fisher Phillips LLC law firm, a total of 283 COVID-19-related lawsuits were filed in federal and state courts through June 30, with 122 of them filed in June. There’s also been an increase in class-action lawsuits – […]

Whether you’re an insurance professional, an employer or “the person in charge of insurance,” it’s often difficult to get your arms around Workers’ Compensation. It’s complex and fraught with so many “moving parts” you can almost be certain that what you say will be challenged and certainly open to interpretation. While there are several good […]

To keep their premiums at the lowest cost each year, it’s not unusual for businesses to seek job classifications with lower ratings. Workers’ Compensation guru, David Leng, explains in his book, Stop Being Frustrated and Overcharged Year After Year by Your Workers’ Compensation Program, this practice can actually backfire. He cites the case of a […]

ADA Employer requiring wellness program participation prevails over EEOC A federal District Court in Wisconsin has ruled against the Equal Employment Opportunity Commission and held that a plastic manufacturer’s policy of requiring employees to complete health risk assessments and biometric screenings to be eligible for health coverage does not violate the ADA. The court granted […]

Produced annually, the Liberty Mutual Workplace Safety Index identifies the leading causes of the most disabling workplace injuries (resulting in six or more days of lost time) and ranks them by total Workers’ Compensation costs. The top five causes that accounted for 65.4% of the total injuries occurring in 2012 (most recent data available) were: […]

One of the overarching principles of workers’ comp cost control is early reporting and intervention. About fifteen years ago, a groundbreaking study by the Hartford Financial Services Group found that injuries reported between the 4th and 5th week following an injury are 45% more expensive than those reported in the first week. While the details […]

Communication is an essential element in realizing business profitability, and managing workers’ comp costs is no exception. When communication suffers and an employee’s injuries are not properly managed, the experience mod goes up, premiums increase, and profits plummet. The sad part is the mistakes are unnecessary and can be easily avoided with knowledge, planning, and […]

According to an article in Business Insurance (September 14, 2015), injured employees are more likely to win retaliation claims because comp cases have a lower burden of proof and there is empathy for the injured worker. It is not only the termination of an employee that triggers a claim; it could be any employment action […]

Ice and snow-related slip and fall workers’ comp claims nearly doubled and represented one-third of claims involving time away from work last year in the Midwest area, which had a particularly harsh winter. In five Midwest states, including Michigan, Wisconsin, Indiana, Minnesota, and Illinois winter-related slips and falls claims averaged 29% of all workers’ comp […]