July 2013

You’re probably doing everything you can (from detailed job descriptions through physical exams to comprehensive workplace safety programs) to minimize job-related injuries.

However, accidents happen, despite your best efforts. The sooner employees injured on the job return to work, the less it costs your Workers Compensation insurance company to treat them, the lower your “experience mod” – and your premiums.

The first step in the process is to make sure that workers report any injuries to their supervisor as soon as possible – definitely before the end of their shift.

Once an injury is reported, it’s essential to get the proper treatment. To find a list of board-certified occupational physicians in your area, go to www.acoem.org. If no specialist is available, choose a doctor who is familiar with the physical demands on workers in your business and knows what type of jobs you can provide to transition injured employees back to their full-time positions. If the doctor knows you will offer transitional duty to these workers, he or she will be far more likely to let them go back to work, rather than send them home to sit on the couch and watch infomercials for attorneys at 1-800-SUE-THEM.

Once these employees return to transitional jobs, they’ll be far more likely to work hard so they can get back to their full-time position – which means they’ll be more productive. The bottom line: a “rapid return” program can turn transform injured workers from liabilities into assets. What’s not to like?

Our agency’s Workers Compensation specialists stand ready to offer their advice on developing such a program tailored to your needs. Just give us a call.

More than 500 tornados have ravaged much of the nation this spring, from the Plains States and the Upper South to the Midwest and the East Coast, wreaking billions in damage and killing 43 people.

These deadly storms often sweep in with little or no warning. Taking some basic precautions can help your employees (and you) stay safe if a tornado strikes.

First, know the difference between a tornado watch and a tornado warning. A tornado watch means that a windstorm is likely to occur in the watch area. Be ready to act quickly, take shelter, check supply kits, and monitor radio and television. A tornado warning means that the storm is in the immediate area. Take shelter at once!

An underground area, such as a basement or storm cellar, provides the best protection. If an underground shelter is unavailable:

• Seek a small interior room or hallway on the lowest floor possible. Rooms constructed with reinforced concrete, brick, or block with no windows, a heavy concrete floor, and a sturdy ceiling or roof makes the best shelters.
• Stay in the center of the room, away from doors, windows, outside walls and room corners (which can attract debris).
• Avoid auditoriums, cafeterias and gymnasiums that have flat, wide-span roofs.

If you’re in a vehicle in an area that’s noticeably lower than the road, get out of your vehicle and lie down, covering your head with your hands and forearms. Otherwise, stay in the vehicle with the seat belt on, and your head below the windows, covering it with your hands or a blanket.

In what situations might you succeed in defending your business against a Workers Compensation claim?

Although the answer depends on the state(s) in which you do business, some common threads in many states’ Workers Compensation laws permit employers to offer a number of “affirmative defenses” against suspicious claims:

Intoxication (from alcohol and/or drugs). You have the burden of establishing that intoxication was the prime or a contributing factor in the injury. This defense doesn’t apply if you permitted, encouraged, or knew about the alcohol or drug use.

Self-Inflicted Injury. You must prove that the injury was intentional.

Suicide. You might be required to prove the circumstances of the death.

Injury to an initial physical aggressor. As a rule, if the injured party started the fight, he or she can’t collect Comp benefits. To determine the facts, start an immediate investigation.

Horseplay or skylarking. In these cases, there’s no animosity between the employees involved, even though the activity causes bodily harm. Although you might be able to use horseplay as a defense, if you condoned this type of activity or didn’t punish it, you’d probably lose your case — and might also wind up paying for injuries to non-participating employees hurt as a result of horseplay.

Voluntary off-duty recreational or athletic activities. Your defense must meet the “reasonable expectations” test: how a reasonable person would interpret the situation.

A risk of assault inherent in the employment. If the employee suffers an injury on the job from a customer, visitor, or robber, the motive of the attacker is irrelevant.

Before you decide whether to defend yourself against a questionable Workers Comp claim, be sure to consult with your attorney.

Slips, trips, and falls (STFs) in the workplace are all too common – and a single accident can cost you thousands in medical payments and lost productivity.

To help businesses reduce STFs, Brian Roberts, Director of Workers Compensation and Ergonomics for CNA Insurance, has developed this six-point strategy, based on Japanese workplace practices:

1. Sort. Organize and straighten the workplace to make sure that aisles and walkways are free of trip and fall hazards.
2. Set in order. Analyze the efficiency of motion and workflow on the job (for example, review employee walking patterns and chart the results).
3. Shine. Eliminate all forms of contamination – such as dirt, fluids, or liquids – that could cause bone-breaking slips. This includes assessing floor surfaces for wear and pitting, and “transition points” (from concrete to tile, tile to carpet, carpet to marble, etc.) and eliminate or alter them. Make sure that you have the right floor cleaning products and that your maintenance staff understands how to use them properly, if they have limited English skills.
4. Standardize. Organize the workplace by prominent postings of such “visual management” tools as signs and warnings of potential STF hazards.
5. Keep lights clean. Dusty and dirty lights obscure lighting conditions, which increases the risk of STFs.
6. Sustain. Maintain the progress that you’ve achieved through the other strategies in order to make these improvements systemic and long-lasting.

Our agency’s safety management experts would be happy to recommend expert who can help you create – and maintain – an “STF-free workplace.” Feel free to get in touch with us at any time.