Tag Archives: Workers Compensation

by | February 7, 2018 · 9:26 pm

California Proposes Hotel ‘Panic Button’ Bill To Protect Workers

Two California state lawmakers Wednesday introduced a bill that would require hotels to provide housekeepers with a “panic button” to prevent violent assaults and sexual harassment.

Assemblyhousekeeping cartman Al Muratsuchi, D-Torrance, jointly introduced the so-called hotel maid “panic button” bill with Assemblyman Bill Quirk, D-Hayward. If it gets passed, it would make California the first in the nation to have a statewide law requiring hotels to provide employees working alone in guest rooms with a panic button.

Also, the California bill would impose a three-year ban for any guest accused of violence or sexual harassment against an employee and keep a list of those accusations for five years.

 “Hotel workers often work alone, cleaning room after room — thus making them vulnerable to unwanted sexual advances and worse, victims of assault,” said Quirk. “I am proud to be working on this bill with Assemblymember Muratsuchi to not only raise awareness on the issue, but do more to create a safer working environment for hotel workers.”

The city of Seattle previously passed a ballot measure that requires employers to provide hotel housekeepers with panic buttons, and Chicago passed a similar measure last year. The city of Long Beach, California, considered a panic button ordinance too but rejected it late last year.

The proposed California legislation follows high-profile sexual assault and harassment charges lodged against high-profile people, including Oscar-winning film producer Harvey Weinstein. On Tuesday, the Los Angeles County District Attorney’s Office said it is considering possible criminal charges against Weinstein, who has been accused of sexually harassing or assaulting several women over the years. Weinstein, who has denied all allegations of nonconsensual sex, also is under investigation by authorities in New York.

“As we’ve yet to see the bill in print, we wouldn’t have a position yet,” said Lynn Mohrfeld, a spokesperson for the California Hotel and Lodging Association, the industry’s state lobbying organization. “That said, the safety of guests and hotel employees is a top priority. While no industry is immune to dealing with sexual harassment as the headlines over recent weeks have shown, our industry has in place procedures and protocols for employees around reporting and prevention and these are continuously reviewed and updated.”

Click here to read entire article: CNBC

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by | August 17, 2016 · 4:12 pm

New OSHA 300 Reporting Rules

OSHA has updated the rule that pertains to the reporting of workplace injuries and illnesses. The new rule requires certain employers to electronically submit injury and illness data beginning in 2017. The goal of the rule is to encourage employers to better identify hazards, address safety issues, and prevent future injuries and illnesses.

Work Injury reporting

New Electronic Recordkeeping Requirements

Employers with 20-249 employees in certain industries must electronically submit their Form OSHA 300A information for the year 2016 by July 1, 2017. Hotels (except Casino Hotels) and Motels, NAICS code 7211, are included in the “certain industries” listing.

  • These same employers must electronically submit their Form OSHA 300A information for 2017 by July 1, 2018.
  • Beginning in 2019, and every year thereafter, these employers must submit the Form OSHA information by March 2, 2019.

OSHA State Plan Alignment

OSHA State Plan states must adopt and enforce these requirements (or substantially identical requirements) within 6 months after the publication of the final rule.

New Whistleblower Protection

Prohibits employers from retaliation against employees for reporting work-related injuries or illnesses. (Effective November 1, 2016)

 

REMEMBER

If an OSHA inspection occurs and your organization is required to keep an OSHA 300 log, you will need to present a copy during the inspection or within 4 hours of OSHA’s request for the log.

 

This information is available on the OSHA website.

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by | January 11, 2016 · 5:59 pm

Workers Compensation Best Practices: What You Should Be Doing

Workers Compensation

Effective cost management of workers compensation claims starts at the time of the injury. Otherwise, studies confirm that the longer it takes to report a claim, the higher the cost.

 

“What happens in the first 24 hours post-injury is critical,” said Michael Bell, executive vice president for U.S. business development with Gallagher Bassett. Industry experts agree that successful management of these expenses must be comprehensive from start to finish, from the time of the injury through recovery and eventual return to work.

Bell estimates that 30% of all injured workers require medical guidance instead of medical care. This means that 30% can be resolved with self-treatment and that a claim doesn’t have to be filed. It eliminates a costly visit to the emergency room, where expenses can quickly climb to $1,000 or more.

The top priority — helping the employee recover and return to work — is best addressed by prompt treatment and proper guidance to direct the patient to the right source of care. For example, if someone is suffering from complex pain issues, a general practitioner may not be the best option for a claim that is not going to end with a simple outcome.

An injury is frequently a new experience for many employees who are looking for guidance. Where that guidance comes from, whether on the employer’s side or the claims handling side, makes a difference. A recommended best practice, Bell said, is a nurse triage process. Nurses will record initial interviews at the site of the accident, a critical time when facts can be clarified and confirmed. A worker will be much more honest in sharing information with a nurse than with a claims professional. A triage nurse also determines whether treatment is even necessary and then guides the patient to the appropriate medical provider.

For more: http://bit.ly/1mQNvXM

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by | January 8, 2016 · 6:49 pm

Hotel Housekeeping Firm Accused of Insurance and Tax Fraud

housekeeping

The owners of an Irvine-based company that provides housekeeping services for luxury resorts and major hotel chains in Southern California have been indicted in what prosecutors call a $7 million insurance and tax fraud scheme, the San Diego County district attorney’s office announced Monday.

Prosecutors alleged in a news release that Hyok “Steven” Kwon and Woo “Stephanie” Kwon hid the existence of about 800 employees for almost a decade through a “methodical and systematic shell game involving six straw owners.”

The scheme enabled the Kwons to avoid paying more than $3.6 million in housekeeping workers’ compensation insurance premiums and more than $3.3 million in payroll taxes, prosecutors said.

 

The Kwons’ company, Good Neighbor Services, has high-profile clients in San Diego, Los Angeles and Riverside counties, including the Hotel del Coronado and hotel chains such as Ritz-Carlton, Four Seasons, Hilton and Hyatt, according to prosecutors.

“These defendants lied on the backs of their employees who were cleaning rooms in some of the most prestigious hotels in California,” San Diego County District Attorney Bonnie Dumanis said in a statement. “If employees got hurt on the job, they were threatened with being fired.”

Prosecutors allege that housekeeping and other employees at Good Neighbor Services were not paid overtime and not granted workers’ compensation benefits if they were hurt on the job.

One worker whom investigators interviewed said she had to repeatedly ask for medical attention when she was hurt, and when the Kwons did send her to a doctor, it was a dentist, not a physician, according to the district attorney’s office.

For more: http://lat.ms/1Pjd5Ld

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by | February 4, 2015 · 10:26 am

Hospitality Industry Risk Management Update: “Work Comp Control Can Prevent Employees from Early Check-Out”

We recently read an account of a 48-year-old female who had two complete knee replacements and got hired as a housekeeper.backinjuries-620x330 Within the first three months, she injured her bad knee, and the cost of her workers’ comp claim will be in the tens of thousands of dollars. If this employee had received a pre-placement screening prior to her hiring, the doctor may have recommended her for a different position

According to a recent study by the National Institute of Health (NIH), hotel workers have higher rates of occupational injury and illness compared with workers in other service industries, particularly in the area of musculoskeletal disorders. So is it any wonder why so many hotel employers are throwing up their arms in surrender every time they see their workers’ compensation premiums soar out of control? Many employers treat those premiums with a “there’s nothing I can do about it” mentality when there actually is something that can be done.

The starting point is always your experience mod, or the numbers that dictate what you will pay in premiums, based on your industry. Fifty percent of all experience modifiers are incorrect, and 80 percent of all experience modifiers are mismanaged. You need to understand the importance of managing and reducing your experience modifier—it’s not just a number. Taking a passive or nonchalant attitude can cost you plenty. And this can happen in a number of ways: misclassifications, incorrect payroll audits, recovery at work programs that are weak or in some cases non-existent, and an overall lack of an established safety culture.

For more: http://bit.ly/16olgqv

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by | February 3, 2015 · 9:09 am

Hospitality Industry Insurance Update: “Will Workers’ Comp Pay For Medical Pot For Back Pain?”

A workers’ compensation judge (WCJ) found Dr. Reeve didn’t prescribe medical marijuana and concluded that the pot program wasn’t reasonable and necessary medical care as required by workers’ compmedicalmarijuana…the appeals court had found the certification required under the Compassionate Use Act by a person licensed in New Mexico to prescribe and administer controlled substances is the functional equivalent of a prescription.

In a state where medical marijuana is legal, a recent court decision has reinforced a previous one regarding pot prescriptions under workers’ comp. 

Miguel Maez suffered injuries to his lumbar spine in February and March 2011 while working for Riley Industrial in New Mexico.

Maez received temporary disability benefits under workers’ comp. Dr. Anthony Reeve treated him for back pain starting in June 2011 and prescribed medication for pain management. He also referred Maez to another doctor for spinal injections.

During a test required for pain management patients, Maez tested positive for marijuana. Dr. Reeve told Maez that if he was going to continue to take marijuana, he needed to have a license for Dr. Reeve to continue administering other narcotics.

For more: http://bit.ly/1BSqcfS

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by | December 2, 2014 · 9:37 am

Hospitality Industry Insurance Update: “Think Your Workers’ Compensation Covers Everything? Think Again!”

Consider the risks involved when an employee travels overseas for work. Courts have often ruled that an injury or illness that an employee suffers while on short term assignment away from home—even if he or she is not working when it occurs—is work-related.workers comp But a basic workers’ compensation policy will probably not cover this type of claim. A foreign workers’ compensation policy will. Although no law requires employers to provide this coverage, you risk paying medical and lost-time costs out of pocket if you do not have coverage and a traveling employee becomes injured.

You might think your workers’ compensation covers all work-related injuries and illnesses. This could prove a costly mistake.

In most cases, workers’ compensation will cover work-related injuries and illnesses. But in certain special circumstances—which might apply to your company—the basic workers’ compensation policy will not provide coverage. This could leave your company on the hook for a costly workers’ compensation claim.

For more: http://bit.ly/1ycd3fF

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by | November 3, 2014 · 9:09 am

Hospitality Industry Legal Update: “California Ranks Highest For Workers’ Compensation Costs”

California employers are required by law to have workers’ comp insurance, even if they have only one employee.Workers Comp (NO LOGO) The California Department of Industrial Relations (DIR) imposes assessments on employers to cover the cost of potential workers comp claims. The amount a business pays into the system depends on how many employees a business has and what its total payroll is.

California has been ranked as the most expensive state for workers’ compensation costs, according to a newly released report.

The Workers’ Compensation Premium Rate Ranking Summary from Oregon’s Department of Consumer and Business Services shows that California businesses spend $3.48 for every $100 of payroll issued.

That’s 188 percent of the median cost of $1.85 for all 50 states. California was the third most expensive state in 2012 and the fifth most expensive in 2010.

“California’s workers’ compensation system is incredibly inefficient,” said Jerry Azevedo, a spokesman for the California-based Workers’ Compensation Action Network, which seeks to reduce costs for employers and improve services to injured workers. “It does not do a good job of achieving its goal. For as much as employers pay, they don’t get a lot out of it.”

For more: http://bit.ly/1pgVFZb

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Hospitality Industry Insurance Risks: Workers’ Compensation Fraud Accounts For 25% Of All Insurance Fraud, Costing $5 Billion Annually

Workers' Compensation Fraud

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by | November 14, 2013 · 9:05 am
by | November 5, 2013 · 6:53 am

Hospitality Industry Insurance Solutions: “Hospitality Workers’ Compensation Fundamentals” By Brad Durbin Of Petra Risk Solutions

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Petra Risk Solutions Education Partners

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