Tag Archives: Workers’ Compensation Claims

Hospitality Industry Health And Safety: Use Of “Improved Safety Practices” And “Older Workers” Contribute To A Decrease In Workers Comp Claims

“Indemnity and medical severity for workers compensation claims continued to rise in 2009…

“…the frequency of workers comp claims dropped 4% in 2009 following a 3.4% decrease in 2008. A downward trend in claims frequency that started in 1991 likely will continue through this year, NCCI said…”

Factors such as increased use of robotics, improved safety practices and an aging workforce have contributed to the continuing frequency decrease, NCCI said.

Complex claims, such as those related to carpal tunnel syndrome and lower-back issues, declined more than average during the past five years, NCCI added.

Increasing claim costs, however, have partially offset the decline in frequency. Average indemnity costs increased about 4.5% in 2009 despite a decline in average weekly wages.

“It remains to be seen whether changes in average wage and indemnity cost per claim will begin to converge in 2010,” NCCI said in the research brief.

Average medical costs for workers comp claims rose 5% last year, the lowest increase in the past 15 years, NCCI said.

For more:  http://www.businessinsurance.com/article/20101018/NEWS/101019945

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Filed under Health, Injuries, Insurance, Labor Issues, Risk Management, Training

Hospitality Industry Workers’ Compensation Risks: Hotel Owner Forced To Pay Large Settlement For Failing To Provide Injured Night Clerk With Workers’ Comp Insurance

“…secured a seven figure settlement against a prominent hotel chain after they failed to provide Workers’ Compensation to their night clerk who was injured in the course of employment…”

“…The hotel owner knowingly employed the clerk as an undocumented worker and was paying the clerk cash “under the table” without securing Workers’ Compensation insurance…”

The employee was injured when he went to investigate a complaint of noise coming from a hotel room and was brutally attacked by the occupants of the room.

 As part of the settlement the hotel chain was forced to take complete financial responsibility for their attempts to circumvent California labor laws. “We want our clients to be fairly compensated for injuries suffered at the hands of business owners who try to bend the rules, and we will leave no stone unturned when an employer tries to take advantage of his employees to save money and line his/her own pockets” said attorney McMahon.

For more:   http://www.onlineprnews.com/news/37680-1274803334-san-jose-law-firm-of-corsiglia-mcmahon-allard-resolves-5-personal-injuryemployer-liability-cases.html

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Filed under Injuries, Insurance, Liability

Hospitality Industry Risk: Workers’ Compensation Insurance Premiums May Rise Due To Higher Medical Costs, Even As On-The-Job Injuries Decline

“…on-the-job injuries are down, but claims are heftier because of higher medical costs.”

(From a BostonHerald.com article)   The Workers’ Compensation Rating and Inspection Bureau of Massachusetts is seeking a 4.5 percent average increase in policy premiums, effective Sept. 1.

Attorney General Martha Coakley yesterday announced her opposition to the proposed increase, saying the hike would cost small businesses and other employers more than $40 million in extra premiums.

The workers compensation bureau – a nonprofit group of insurers licensed as a rating organization by the state Division of Insurance – says on-the-job injuries are down, but claims are heftier because of higher medical costs. Rates have not risen since 2001.

The group’s request for a 2.3 percent rate increase in 2008 was hit with a lawsuit by the attorney general’s office. The legal move led to a settlement in which insurers agreed to a 1 percent rate reduction – saving businesses some $30 million, Coakley said.

http://www.bostonherald.com/business/general/view/20100303ag_hits_plan_to_hike_workers_comp/

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Filed under Insurance, Liability

Workers’ Compensation In California: Next California Governor Will Face Challenges To States Workers’ Compensation Reform

(From a Sacramenton Bee article) When Arnold Schwarzenegger deigns to catalog his accomplishments, reforming the state’s system of compensating workers for job-related injuries and illnesses ranks high on his list.

One of Schwarzenegger’s first acts six years ago was bulldozing the Legislature into a sweeping overhaul of workers’ compensation, reducing both eligibility for direct payments to disabled workers and medical care costs.

The system is so large that the legislation and the administration’s subsequent implementation rules cut employers’ costs by about $15 billion a year, or approaching $100 billion so far.

Workers’ comp politics being what they are, however, the changes generated fierce opposition from those on the other end of the pipeline, namely unions, disability attorneys and medical care providers.

http://www.sacbee.com/2010/02/22/2554129/dan-walters-workers-comp-battle.html

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Filed under Insurance, Legislation

“Workplace Accident Prevention” Needs To Be A Higher Priority In Hospitality Industry As Surveys Show Most Worker’s Compensation Carrier Decisions Based On Pricing

Survey results... found that price drives the choice of workers' compensation carrier for 3 out of 4 (71%) restaurant owners and other decision-makers.

(From a Hotelnewsresource.com article)  Workplace accident prevention apparently remains a persistent problem as nearly half (44%) of restaurant owners and managers reported at least one costly workers’ compensation claim in the past five years-and 10% percent reported five or more claims within the same period.

Despite this accident reporting, a majority (61%) of survey respondents who changed carriers at their last renewal reported switching because of price. Workers’ compensation insurance carriers track policyholders’ loss experience to help determine premiums, as accident frequency can directly affect restaurants’ insurance premium pricing. Service-driven workers’ compensation insurance carriers like EMPLOYERS focus on the potentially significant savings that could be realized through effective use of workplace safety and accident prevention efforts.

http://www.hotelnewsresource.com/article34605Restaurant

_Survey_Finds_Focus_on_Workers__Comp_Price_Trumps_Accident_Prevention_Savings.html

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Filed under Insurance, Liability, Training

Hospitality Industry Risk Update: Colorado Considers Legislation Limiting Workplace Surveillance Of Employees Who Filed “Workers Compensation” Claim

(From a BusinessInsurance.com article posting) Legislation that would restrict video surveillance of employees who have filed a workers compensation claim by insurers and self-insured employers has been approved by a Colorado House committee.

Workplace surveillance would be limited by pending Colorado legislation.

Colorado’s House Judiciary Committee approved H.B. 10-1012, sponsored by state Rep. Sal Pace, D-Pueblo, on a 6-4 vote last week. The bill would prohibit insurers or employers from conducting surveillance of workers comp claimants unless they have “a reasonable basis to suspect that the employee has committed fraud or made a material misstatement concerning the claim.”

 Claimants would be allowed to ask for an expedited hearing to learn why they are being investigated and individuals conducting the surveillance would be required to respond fully to questions.

 The legislation, which now goes to the Colorado House Appropriations Committee, also sets up a $1,000-a-day penalty for violations. A similar bill is pending in the Colorado Senate.

 Separately, Denver-based Pinnacol Assurance, a state-created workers comp insurer, said in a statement Tuesday that it is prepared to give the state $200 million to remove it from state control become a policyholder-owned workers comp insurer.

http://www.businessinsurance.com/article/20100216/NEWS/100219948

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Filed under Insurance, Legislation, Liability

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

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