Tag Archives: Injuries

by | March 2, 2010 · 6:33 am

Hospitality Risk Management: OSHA Proposes New Rules To Track Workplace Muscluloskeletal Disorders

“It will increase the number of recordable incidents by broadening what might qualify as an MSD,” he says. “So after collecting the data for a while, I wouldn’t be surprised to see OSHA announce that there is a major MSD problem and decide to do something about it.”

Ashley Brightwell, a partner in the Atlanta office of Alston & Bird, agrees the rules could lead to “future actions by OSHA to regulate MSDs … and increase the number of citations being issued against employers.”

On Jan. 29, OSHA proposed new rules that would require employers to track and report workplace-related musculoskeletal disorders. While the changes are ostensibly little more than additional record-keeping, experts warn the proposal could likely pave the way for further enforcement and rulemaking by the agency.  

OSHA wants to restore a column to the OSHA 300 log that would record work-related musculoskeletal disorders, such as carpal-tunnel syndrome and rotator cuff syndrome. The rules are identical to those contained in an OSHA record-keeping regulation that was issued in 2001 by the Clinton administration, but was removed in 2003 during the Bush presidency before ever going into effect.  

Critics argued at the time that the definition used to describe musculoskeletal disorders was far too broad to be useful and that the new column wouldn’t contain the type of detailed information that would be needed to address the problem of musculoskeletal disorders.

Comments Off on Hospitality Risk Management: OSHA Proposes New Rules To Track Workplace Muscluloskeletal Disorders

Filed under Health, Insurance, Liability

Tagged as , ,

by | February 28, 2010 · 6:08 am

Hospitality Industry Risk: Many Hotel Spa’s Are Underinsured With Spa Owners Liable For Injuries To Clients

(From a SmartMoney.com article)  With the growth of the spa industry, consistent standards have become an afterthought. Industry associations do exist, but membership is strictly voluntary. The biggest one, ISPA, represents about 3,200 spas worldwide, but its application process isn’t exactly grueling. Members must agree to abide by the association’s “standards and practices,” which include requirements such as clean treatment rooms and staffers trained in CPR.

They also have to adhere to a code of conduct, which is a list of spa-goers’ rights and responsibilities, says ISPA’s executive director, Lynne Walker McNees. But in the end, spa industry regulations vary from state to state, so there’s no uniform set of guidelines.

As a result, many spas carry inadequate insurance, says Mary Lynne Blaesser, a certified insurance counselor at the Marine Agency, which has provided coverage for about 15,000 spas. “In most states, the only insurance spas are required to carry by law is workers’ comp,” Blaesser says.Without professional or general liability in effect, an injured customer would have to seek recourse or reimbursement directly from the spa owner rather than an insurance company. However, most leases require that lessees carry general liability coverage for such things as trip and fall claims.

The combination of spotty insurance and almost nonexistent refund policies means one thing for dissatisfied customers: Good luck collecting if something goes wrong. And that applies even for the most egregious mishaps. Leandros Vrionedes, a personal-injury lawyer in New York City, had a client whose day-spa facial turned into a horror show. “The esthetician oversteamed the client and applied the wax immediately after,” Vrionedes says. “She wound up taking part of this person’s face off — several layers of skin were removed. The spa argued that it was the fault of the product and we didn’t have a case. We argued that it was the procedure.” After five years of legal wrangling, including trial to verdict and an appeal, the woman received an undisclosed settlement — which her lawyer describes as “not enough.”

Even when a spa does carry insurance, consumers may have a tough time obtaining compensation for injury.

“Some insurance companies will fight you tooth and nail,” Vrionedes says. Don’t assume, though, that you have no case just because of some lengthy waiver you signed when you arrived at the facility. According to Vrionedes, some of these documents will hold up in court, but others won’t — especially those that are all-encompassing. If the release “absolves the spa of absolutely everything in the world,” he says, courts will sometimes void the agreement.

http://www.smartmoney.com/spending/deals/10-things-your-spa-wont-tell-you-10378/?page=3

Comments Off on Hospitality Industry Risk: Many Hotel Spa’s Are Underinsured With Spa Owners Liable For Injuries To Clients

Filed under Health, Insurance, Liability, Training

Tagged as , , , ,

by | February 12, 2010 · 11:57 am

Workers’ Compensation Claims Must Be Reported And Processed Quickly And Efficiently To Keep Insurance Costs Down

Reporting claims in a timely manner not only is cost-effective, but creating an encouraging reporting culture can also promote a successful claims management program.

It is illegal to conceal or fail to submit a workers’ compensation claim.

Workplace accidents happen due to unsafe conditions, inadequate training and ignoring near-misses. Although accidents can’t be eliminated entirely, injury prevention is an essential component of efficiency and profitability. The goal is to reduce both the frequency and severity of claims. A culture in which employees are encouraged to speak out about safety concerns without fear of reprisal is imperative in averting claims. When a claim does occur, a culture invested in identifying and addressing the root cause will benefit the company. The key to a successful culture change in workers’ compensation reporting is a shift in thinking and behavior that is consistently reinforced by management until expectations are realized.

In a January 2009 article in Proofs Magazine, William Penney says that 69 percent of injuries may never make it into the BLS Survey of Occupational Injuries and Illnesses. The most probable driving force in underreporting workers’ compensation claims is that employers pay the total cost of medical care versus health insurance which involves co-pays. Other factors include a lack of understanding of reporting requirements, economic and/or peer pressure, safety/bonus incentives, an attempt to maintain or gain government contracts or an avoidance of OSHA inspections. When an employee submits a claim under their personal health insurance, the claim does not affect a company’s experience modification factor or workers’ compensation premium.

 

It is illegal to conceal or fail to submit a workers’ compensation claim. Although it may appear that underreporting workers’ compensation claims is cost effective, studies have shown that this practice often increases costs. Unreported and untreated soft tissue injuries, especially back injuries, may become more severe over time and eventually require more medical care and possibly surgery. The National Council on Compensation Insurance (NCCI) reports that injuries reported within two weeks are 18% more costly than those reported within the first week and injuries reported in the fourth and fifth weeks are 45% more costly. Additionally, claims that are reported late are more likely to be litigated. The NCCI finds that injuries reported within 10 days are 22% more likely to be litigated whereas claims reported 31 days after the loss are 47% more likely to be litigated.

 http://www.rjfagencies.com/claims-culture-fall09.html?utm_campaign=FallNewsletter09&utm_medium=email&utm_source=link3

Comments Off on Workers’ Compensation Claims Must Be Reported And Processed Quickly And Efficiently To Keep Insurance Costs Down

Filed under Insurance, Liability

Tagged as , , ,