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Reviewing defense attorneys and panels should be done on an ongoing basis because choosing the wrong workers compensation defense attorney for your business can cause missed opportunities, unnecessary litigation costs, and time. Just because you’ve built a relationship with one attorney doesn’t make him or her the best choice to defend your workers compensation insurance claim.

You can start by looking at an attorney’s reputation, but you also need to find someone with workers compensation experience and a familiarity with your industry and someone who meets the objectives of your program.

So what should you look for in a good workers compensation defense attorney?

1. Outside-the-box Thinker
There are a lot of different ways to handle a workers comp claim, so first you need to look for someone who can think outside the box. Yes, they need to understand the basics and be able to evaluate the situation based on criteria related to the statute and be able to interpret the case law. But they also need to be able to look at the claim from different angles to develop the right strategies to resolve your case. You want someone who will consider all potential defenses, analyze how each of those defenses may play out, and develop creative solutions to complex problems.

2. Honest Assessments
It’s important to understand that the workers compensation system is inherently biased toward the employee, which means that most cases that go to court will end in an award to the employee. A good WC attorney will understand that and only recommend taking cases to court that you have a chance of winning. Otherwise, they should recommend settling on those cases that there is little chance of winning and make sure that those settlements are fair. You want your case to be resolved as quickly and fairly as possible.

3. Excellent Communication
This may seem obvious, but it is often overlooked. First, you’ll want an attorney that asks you lots of questions and takes the time to understand your industry, your business (including what your employees do), and your goals. You’ll want an attorney who responds quickly to your inquiries and provides regular updates that include an honest analysis of the claim, detailed information about their “plan of attack,” and status reports.

Here are 9 questions to ask before hiring a workers compensation defense attorney:

1. Do they also handle claims for employees?

2. Are they open to an in-depth interview before hiring?

3. Can they provide references from other clients who you can contact – preferably in your industry?

4. Do they have experience in hearings before the Board/Commission?

5. Do they have a thorough understanding of workers compensation laws and administrative regulations in Pennsylvania?

6. Do they have an in-depth understanding of statutes that can affect workers compensation claims such as social security disability and vocational rehabilitation?

7. What is their fee structure?

8. How will they bill you – monthly, quarterly, yearly?

9. Are they willing to provide you with copies of deposition transcripts, expert reports, Board/Commission decisions, and medical reports?

Contact Us to Lower Your Workers Compensation Insurance Costs

Having the right defense attorney for your workers comp claims will save you time and frustration and help you save money on your workers compensation insurance.

To find the right workers comp insurance for your business at the right price, contact American Insuring Group online, or call us at (800) 947-1270 or (610) 775-3848 to get started.

Getting people back to work on time can help reduce the cost of workers compensation insurance claims. But how is this achieved?

People are different. We are not robots. We are not cookie cutters of each other. We are all unique. And good managers understand that every employee is different. What one employee may respond to, another may not (and may cause the opposite effect). You need to “read” your employees to determine the best way to motivate and communicate with each one individually. 

The same applies when it comes to an injured employee’s return to work. If you want to get them back to work as quickly and safely as possible after a workers’ compensation claim, you need to understand a little about their personality type and determine the best way to communicate with them.

Workers Compensation Return-to-Work Strategies

Fortunately, there are many different return-to-work programs, and it’s up to you to match the right strategy and the right communication style with each employee. Most employees fall under one of these four different employee personality types:

1. Satisfied-Active
   These employees are happy and ready to return to work. This employee has probably missed few if any days of work, is committed to the company, and is considered a go-getter. This type of employee may even look at his or her injury and workers’ comp insurance claim as a weakness or setback. With this kind of employee, you’ll want to send them a get well card and work with them to create a strategy – whether that means a transitional duty position (if appropriate) or just getting them back to work. Repeated phone calls aren’t necessary and could be considered intrusive.
   
   
2. Satisfied-Passive
   These employees are generally happy with their jobs, but aren’t necessarily chomping at the bit to get back to work. This type of employee needs a little more prodding than the Satisfied-Active employee. It’s okay to call this employee a few times to keep up with their progress, and you’ll probably need to come up with a return-to-work strategy for them.
   
   
3. Dissatisfied-Passive
   These employees are unhappy. While they may not actively create schemes, they will take advantage of any opportunity to stay out of work. This type of employee definitely needs more communication to help keep them on the straight and narrow. Regular communication with them and their physicians to monitor their progress is needed.
4. Dissatisfied-Active
   These employees are unhappy with their situation and actively do their best to take advantage of the system. You will need a more aggressive approach with this type of employee including fraud prevention measures, hiring investigators, and having constant communication with them.

An Important Workers Compensation Cost Control Goal

Your goal should be to get workers who have filed a workers’ compensation insurance claim back to work as quickly and safely as possible. Using different approaches based on their personalities will help make that happen.

We Can Help with Workers Comp Insurance

For help in lowering your workers compensation insurance costs contact American Insuring Group  online, or give us a call at (800) 947-1270 or (610) 775-3848. Our independent agents will be sure to find you the right policy at a great price. Contact us today to get started!

Cold weather is here, and as the temperature dips, workers compensation insurance claims often rise. Needless to say, most of these claims are related to the slippery conditions that accompany inclement weather, but other hazards are waiting to wreak havoc on your employees and your bottom line.

Think about all that dangerous snow-removal equipment and the possibility of frost-bitten fingers and toes from over-exposure to frigid temps and low wind chill factors.

No, you can’t control the weather, but you have complete control over the cold-weather risks that your employees may face. Most accidents are preventable and slipping, tripping, and falling accidents are no exception. Here’s how to keep your employees and your bottom line safe:

Keep your workplace safe with these tips

• Monitor the weather conditions
• Keep adequate supplies of snow and ice removal tools in accessible areas
• Shovel and apply ice melt to keep walking areas clear and dry
• Pay particular attention to areas where ice tends to form
• Remove ice accumulations promptly, and use additional ice melt to prevent buildup
• Provide good lighting and clear path markings in parking lots and walkways
• Identify steps and ramps that might not be visible in snowy conditions
• Contract with a snow removal company to clear your lots after a snow or ice storm
• Place high quality, beveled edge track-off mats in entrance areas
• Change mats regularly to ensure those in place are dry

Reduce workers comp claims - instruct your workers on winter safety

Workers who will be going outdoors must be given or told to wear the proper footwear. Shoes and boots should have slip-resistant soles for the best traction, and employees need to be reminded to take shorter steps and walk more slowly on slippery surfaces.

Ladders are always dangerous but become more so in winter conditions. They should only be placed on surfaces that are free of snow and ice. And workers who are working on rooftops must take extra care and be trained in fall protection methods.

Additional training to keep your workers safe

• As mentioned, stick to footwear that is insulated, waterproof, and has a non-slip sole with a flat heel
• Ice grippers can also help your workers walk more safely on ice and snow
• Only use walkways that have been shoveled and salted--stay away from snow piles or areas where snow and ice removal is not possible
• Test any surface for slickness by sliding one shoe or boot on it before proceeding
• Walk with your head up, and don’t lean forward
• Never run on slippery surfaces
• To avoid wet and slippery conditions indoors, remove as much snow as possible as you enter
• Use your vehicle for support when you enter or exit it

Establish a fall prevention program in your company

Here's an effective way to reduce workers comp insurance claims: set standards for your parking lot and all sidewalks when snow or ice arrives, and train the employees who will have the responsibility for clearing them. Then, define everyone else’s role in preventing falls. Whatever standards are set, monitor them to ensure that they are being met. Acknowledge the program’s successes and make changes to it when necessary.

The best fall prevention method is for employers to keep their workers indoors on cold days or when ice and snow are a problem. When that isn’t possible, appropriate training on fall prevention and the proper use of snow removal equipment, such as snow blowers and plows, are the next best things.

We're Ready to Help with Workers Compensation Insurance

Getting the right workers compensation insurance is also a key to lowering your costs while protecting your business. Let our professionals help you do both. We shop among competing insurance providers to make sure you get the right policy for your business at the right price.

To learn more, contact American Insuring Group online or call us at (800) 947-1270 or (610) 775-3848.

As an employer, you want to make sure that you have adequate workers’ compensation insurance; however, you also want to make sure that you aren’t paying too much for it.

If you aren’t properly managing your workers compensation program, there’s a good chance that you are indeed paying too much.

If you want to change that, here are 5 workers’ compensation cost control systems to implement.

1. A Return to Work Program

While an injured employee may not be capable of returning to his regular job and performing all of his regular duties, he may be able to come back to work on “modified duty,” “transitional duty,” or “light duty.” For example, a worker with an injured back may not be able to return to a job that requires frequent lifting, but he may be able to perform modified duties such as answering phones or counting inventory. Modified duty reuces disability costs, which in turn lowers your cost of the workers’ compensation claim. Plus, several studies have shown that injured employees who come back to work for modified duty recover more quickly.

2. A Safety Program

Frequency and severity of claims are two of the biggest causes of higher workers’ compensation insurance premiums. A good safety program can decrease both the frequency and the severity of injuries. A good safety program identifies all of the potential job hazards and teaches employees how to work more safely and avoid injuries. An effective safety program requires a concerted effort to eliminate or reduce all job hazards that are identified and should include a safety specialist or committee that keeps on top of those (and new) hazards.

3. Medical Management Cost Control

In 2017, health care costs are expected to grow 6.5%. This means that controlling the cost of medical care provided to an injured employee is necessary to help control the cost of workers’ compensation premiums. Employers can do this by 1) having a worksite nurse who is available to evaluate and ensure that injured employees receive the proper level of medical care, 2) involving a nurse case manager in the claim, so she can coordinate and facilitate the medical care and assist the employer and employee in compliance and return to work options, and 3) having cost control services in place for medical fee schedule reviews, utilization reviews, and peer reviews.

4. Fraud Prevention Program

According to the National Insurance Crime Bureau, up to 25 percent of all workers’ compensation claims contain some element of fraud, and this fraud can add 10 to 20 percent to your overall cost of workers’ compensation. If you turn a blind eye to fraud, you’re encouraging other employees to commit fraud. You should have a fraud prevention program in place and make sure that every employee understands that fraud is a serious crime and that the cost of fraud could directly affect them in lower raises or bonuses.

5. Control Medical Provider Selection

You may be surprised by how much this can affect the cost of medical care, but research has shown a strong correlation between the states with the highest cost of workers’ compensation and the states that allow injured employees to select their medical provider. First, you should understand how much you can and can’t control this selection. In Pennsylvania, employers can (and should) provide a list of acceptable medical providers that employees can use in a workers’ compensation claim. Employees are required to use one of those medical providers for 90 days. If you don’t provide a list, the injured employee can select his own medical provider during those first 90 days and many employees will find a doctor who will keep them off work longer. 

Call Us to Lower Your Workers Comp Insurance Costs!

Subscribe to our blog to learn additional ways to control your workers’ compensation and other business and personal insurance costs. And be sure to Contact American Insuring Group online or call us at (800) 947-1270 or (610) 775-3848. Our independent agents will compare policies from competing carriers to find the right coverage at the right price for your business.

The Occupational Safety and Health Administration (OSHA) estimates that power industrial trucks (PIT), often called forklifts or lift trucks, cause approximately 85 fatal accidents each year, almost 35,000 accidents that result in a serious injury, and about 62,000 non-serious accidents.  Accidents can be trajic for employees and can affect workers compensation insurance rates.

Drilling down to the details behind the statistics, 42% of PIT-related fatalities involve being crushed by a forklift that tipped over, while another 25% come from someone being crushed between the vehicle and a surface. Manufacturing (42%) and construction (24%) lead the fatality list. Sadly, most of these accidents could have been prevented, according to OSHA.

Here are twelve rules for the safe operation of a forklift that are easy to follow:

1. Qualified operators

This should go without saying, but anyone who uses a forklift must be trained and licensed to do so.

2. Appropriate clothing

Loose-fitting clothing can get caught in machinery. Operators should be wearing a hard hat, safety glasses, steel-tipped shoes, earplugs, and a high-visibility shirt or jacket.

3. Do an equipment check before driving

Before driving, the operator should do a routine check of the lift truck, paying particular attention to brakes, steering, controls, warning devices, and tires. Any problems must be reported immediately and the vehicle parked until repairs are completed.

4. Pay attention to your surroundings

Follow worksite rules and guidelines. Drive only in designated aisles near machinery, and observe all signs, particularly those that refer to load capacities and clearance limits.

Be careful near the edge of a loading dock or ramp; you don’t want to go over the edge. And be aware of your load height and mast when entering or exiting a building.

5. Operate your lift at a safe speed

Obey posted speed limits. Make changes in direction slowly and gradually. And avoid tipping by slowing down before taking corners and turns.

6. Check your load

• Don’t lift anything that’s not stable and secure
• Check overhead before lifting or stacking your load
• Tilt the forks back and keep them low to increase stability
• Position the load so that it’s balanced across the forks
• Stack the load correctly on a skid or pallet
• Secure your load with ropes or cords if required
  
  

7. Steer clear of hazards

Avoid uneven or loose ground and slippery conditions. Use your horn near a corner, at entryways, and to warn pedestrians. Always keep a safe distance from other trucks, and make sure you have plenty of space to stop safely.

8. Forklifts are not passenger vehicles

You’re not doing anyone a favor by giving them a ride on your forks. It’s dangerous.

If you must lift someone, attach a work platform and cage to your forks, and carefully follow the operating instructions.

9. Make sure you can see clearly

Operate the forklift in reverse if it improves your visibility. Make sure you can clearly see the racks on which you will position your load. If visibility is poor, either stop driving or get someone to act as a ground guide for you.

10. Stay away from the mast

Don’t allow anyone to walk under your raised load. And keep your hands and feet clear of the mast’s cross members to prevent a serious injury as you lower the mast.

11. Be careful on ramps

Drive up a ramp in forward come down in reverse. And never load and unload or make turns while you’re on a ramp.

12. At the end of your shift

Park your lift truck in an authorized area. Lower the forks and apply the parking brake. Turn it off and remove the key. You should never leave the engine running on an unattended forklift.

Get Help in Selecting the Best Workers Comp Insurance for Your Business 

To learn how to further protect your employees and your business with Workers’ Comp Insurance, contact American Insuring Group online or call us at (800) 947-1270 or (610) 775-3848. As independent agents, we're free to shop among competing carriers to find the right insurance at the right price. Click or call today to get started. 

Most employers know that to reduce their workers compensation insurance costs, they must cut their claims costs. What they might not know is that the quality of claims handling by the workers comp adjuster can contribute significantly to the overall cost of a claim.

Here are five steps that any employer can take to get the most from a relationship with an adjuster.

#1. Make the insurance adjuster your partner

This might sound elementary, but getting along with a workers compensation insurance claims adjuster is a big step toward making progress in the claims process. Being a claims adjuster is already an underappreciated job. Don’t ruin the relationship with an attitude of superiority or by dictating how the adjuster should do his or her job. Working as partners will smooth out the process and bring it to a quicker (and more mutually beneficial) conclusion.

#2. Communicate promptly

As you get new information, make sure to relay it to the insurance adjuster immediately. The first communication should be right after the accident, and subsequent messages—any type of medical information that was not previously known, for instance—should be sent to the adjuster that same day. Conversely, you should let the adjuster know that you expect him or her to be in touch as soon as anything new and important arises.

#3. If possible, choose your workers comp adjuster

After a few claims have been processed for your company, you will be able to evaluate the work of the insurance adjusters who have managed those claims. Ask your insurer to assign the most efficient of those to your future claims. There are benefits for doing this:

• The adjuster will become familiar with you, and you will be made more significant to him or her
• As the adjuster learns what you consider essential, he or she can tailor the work to your needs
• When the adjuster gets to know your company, it is easier to contact the right person to obtain information and ask questions

#4. Be proactive with information

Information is the key ingredient in the workers compensation claims process, and if you can provide it before the adjuster requests it, you are speeding up the process and saving your business money. For example, if your adjuster needs a job description to get an employee back to work and you have anticipated that by sending it in advance, you will have saved time and created goodwill with your adjuster. Or, if the injured employee will be off work longer than expected, sending the worker’s earnings history the adjuster, rather than having to ask for it, will make for a quicker process.

#5. Do your part to get an injured employee back to work

The sooner your worker gets back to work, the easier it will be to resolve the workers compensation claim. After your employee’s first visit to a medical provider, request the return-to-work restrictions. Accommodate modified duty for the worker if it’s possible. If it’s not, stay in touch with the adjuster and, as soon as the restrictions are lifted or eased, bring the employee back to limited duties. The adjuster will appreciate your cooperation, and your company will end up saving money.

In Summary

Taking these steps will help to get your workers’ compensation insurance claims settled quickly and without needless expense. Bottom line: Your overall workers’ comp costs will be lower for your business.

Want to Lower Your Workers Comp Insurance Costs? Contact Us!

To learn more about lowering your workers comp costs, contact American Insuring Group online or call us at (800) 947-1270 or (610) 775-3848.

We'll leverage our independent agency status to compare your needs to policies offered by many competing insurance providers, so you'll be assured of getting a workers comp policy that meets your needs and does so at a competitive price.

Call or click today to get started!

Hiring a competent workers compensation defense attorney is not an exact science, but it is an important first step in the process of defending your business in a contested workers comp claim, which can impact the cost of your workers compensation insurance

But even after retaining an attorney, your risk manager or director of worker’s compensation might still want to consider the relationship as a trial run until the attorney’s responses to various case management guidelines are evaluated. Discuss fees and your expectations with the candidate, and make sure your attorney follows up any agreement with a written confirmation
 

How to Use Your Attorney Effectively in Workers Comp Cases

Remember, all lawyers charge fees and bills by the hour. Once you have retained defense counsel, it is imperative that you limit your attorney’s hours by using his or her services efficiently. Here are some suggestions that could save your business unnecessary legal costs:

#1. Communicate through e-mail whenever you ca
n. Limit messages to only the most necessary information. This method gives you electronic documentation for the claims file and is faster than formal letters sent through regular mail.

#2. Keep all telephone calls short by planning your discussion ahead of time. Gather the information you need and end the call as soon as possible. Be sure to document the conversation for the workers compensation claims file.

#3. Limit your attorney’s time by having your claims manager obtain the defense and claimant statements. Supply any required personnel records as well as all medical examination information. Make sure your attorney receives claim file reports and all investigation information.

#4. Require your attorney to ask your permission before doing any additional research or hiring a private investigator.

#5. Obtain a cost estimate for legal services from your lawyer and follow up on this with any revisions. You can use the estimate as a basis for a workers comensation legal reserve.

#6. Eliminate redundant mailing and copying costs. After the attorney has made an initial assessment and provided a plan of action, it is only necessary to comment on current activities. There should be no need to copy the claim file on subsequent depositions or interrogatories.

#7. Employ more than one attorney, if possible. The competition can generate better results, especially in litigation.

#8. Promptly obtain and provide information that your attorney needs to efficiently handle your workers comp case.

#9. Negotiate agreements and settlements whenever possible. Limit attorney negotiating to pretrial conferences, arbitration, and trial.

#10. When your attorney negotiates, set limits and authorities. And require a telephone request for additions to the first limits and authorities. Serve any subpoenas for the attorney, if possible.

#11. Ask your lawyer to bill you promptly and on a regular basis. Check the invoices carefully for accuracy—everything should conform to your written agreement and coincide with the information in the claim file records. Make sure that paralegal fees have not been submitted as attorney fees. Pay the invoices promptly to avoid late charges.

#12. Manage fee increases. Make it clear that fee increases should happen only after direct negotiation and agreement.

Any time your attorney is working on your workers compensation insurance case, the clock is running. Think about everything that comes under billable time—telephone calls, research, investigations, depositions, trial prep and the trial itself, just to name some of the activities—and you begin to realize the importance of controlling those hours as much as possible.

Want to Lower Your Workers Compensation Insurance Cost? 

To learn more about controlling your workers compensation insurance cost, contact American Insuring Group online or call us at (800) 947-1270 or (610) 775-3848.

As a Trusted Choice independent insurance agency, we have the freedom to shop among many competing workers comp insurance providers, so you'll get the right insurance coverage at the right price. Call or click today to get started!

Employers and insurance companies have been using functional capacity evaluations (FCE) for over thirty years. In workers compensation insurance cases, the FCE is used to evaluate an employee's ability to perform activities related to his or her employment.

The FCE process compares the individual's health status, body functions, and structures to the demands of the job and the work environment.

What is the purpose of an FCE in workers’ comp?

An FCE's primary objective in workers’ comp insurance cases is to evaluate objectively an injured employee’s ability to return to work. By identifying functional restrictions and determining the degree of disability, the test is designed to increase the likelihood that an injured worker can safely return to work. The test can also uncover “symptom magnifications,” which, in layman terms, are exaggerated claims of incapacity and pain.

How does the FCE test work?

Experts with a background in industrial rehabilitation and social work administer the physical and cognitive tests. The tests measure the worker’s resilience and endurance. If the employee is unable to perform his pre-injury job, the testers attempt to determine if there are skills that are transferable to another line of work. The results of the testing, used in combination with opinions and other findings, are used to decide if the employee can return to work.

The FCE provides objective information in the following areas:

• When to allow the employee to return to work
• If the employee can return to the same job
• The employee’s functional abilities on the job
• The employee’s functional abilities away from work
• A disability evaluation
• A rehabilitation plan
• The need for other medical treatments

There are two types of FCE

The Job Specific FCE evaluates an injured worker’s ability to work in a particular job. The test can be performed at a clinic or on the actual job site. The therapist will determine if the worker can safely perform the tasks of the job he held before the injury or if modifications of the required work will be needed.

The General Purpose FCE is used if the employee no longer has a job to which he can return or if the job functions have not been determined. The results of this test will be used to find out the worker’s ability to work at specific jobs that may become available in the future.

When should you use an FCE?

It probably goes without saying that you won’t need to use a functional capacity evaluation in every one of your workers’ comp cases. But the tests should be utilized in any case in which the injured worker’s functional ability is at issue. You would certainly consider using the evaluations when the employee claims not to be able to return to work because of restrictions, education, or non-transferable skills. If the worker is requesting retraining benefits or looking for permanent total disability, an FCE would be warranted.

Choose the right time to seek an FCE

If your employee is currently at a point in the healing process where additional medical care will be needed, the FCE will not help the defense of the workers comp insurance claim. But if you suspect that your employee is malingering, the tests may help to detect the symptom magnification mentioned above. The report from the tests could lead to a quick settlement or bring about an advantageous result in litigation.

Finding the right evaluator

Choosing an expert comes down to looking at a few vital factors:

• Professional reputation
• Education and background
• Ability to write a plausible FCE report
• Capability to provide trustworthy testimony

To learn more about workers compensation insurance, contact American Insuring Group online, or call us at (800) 947-1270 or (610) 775-3848. We're independent agents who with access to many competing providers.

We'll match up your needs with the companies who can provide reliable workers compensation insurance at a competitive price. Call or click today to get started!

Maybe you’re like many employers who believe that workers’ compensation insurance is just one of those unavoidable costs of doing business and an expense over which you have little control. Good news: controlling your workers comp costs isn’t as difficult as you might think!

The following six steps could help you reduce your workers comp insurance costs by 20% to 50%, depending on how many of them you have already initiated. 

#1. Build your workers compensation program on a solid foundation

You cannot get your program underway unless everyone in your company is on board. Everyone on the management team must be committed to understanding their specific roles and the responsibilities of everyone throughout the company. This commitment from your key employees includes a thorough knowledge of how the workers’ comp system works; an understanding of experience modification rates, the formulas that produce them, and proper classification of employees is a good place to start.

#2. Pay attention to your hiring process

Competent employees tend to be safety conscious workers who are less likely to incur workers comp claims. Make sure your system for hiring brings the best into your company:

• Good interview techniques and thorough background checks will help you identify potential problems.
• Carefully review the applicant’s resume, paying attention to gaps in employment history. Ask the applicant to explain these gaps. Probe for information about the applicant’s attendance record during previous jobs.
• Conduct a complete background check after you have obtained written consent from the applicant.

#3. Make workplace safety a top priority

Safety needs to command equal status with production and quality. Train new employees to perform their jobs safely. Wellness initiatives, which reportedly return three to four dollars for each dollar invested, must be included here. Safety and wellness programs are critical in preventing claims from ever happening. Continually remind your employees to practice safety by posting reminders in common areas and holding meetings to discuss any issues affecting your staff.

#4. Set up a post-injury system

Studies of temporary and permanent disability claims reveal that timely medical treatment reduces expenses. Require employees to report all injuries, no matter how minor they may seem, and then ensure that injured employees receive prompt medical attention. Make sure that your company’s communications systems and post-injury response systems are in place and that you have an effective return-to-work program and policy that monitors your injured employees’ recovery and helps them get back on the job as quickly as possible. These are the core components of your workers’ compensation management program.

#5. Manage workers’ comp insurance claims efficiently

This might begin with using surveillance to prevent workers’ comp fraud. You’ll need to decide whether to request an independent medical examination (IME) and when to use various vendors. Planning for settlements and Medicare set-asides are important aspects of managing your claims. Your claims adjuster, armed with detailed account handling instructions, is also vital in managing claims efficiently.

#6. Control medical costs

Medical and pharmacy costs are rising at an unprecedented pace. Managing these expenses will take a substantial bite out of your workers’ comp bill. Building relationships with a medical provider, using a medical advisor, and utilizing a nurse case manager to monitor complex cases are all steps to be considered here. Also, be aware of the dangers to your injured employees from prescription drug overdose, which has become the biggest killer in the country.

No one benefits when employees get hurt on the job. With focus and effort, you can make workplace injuries less frequent, less severe, and less costly.

Reduce the Cost of Workers Comp Insurance: Get Help From American Insuring Group! 

Contact American Insuring Group online or call us at (800) 947-1270 or (610) 775-3848 for help in lowering the cost of workers compensation insurance for your business. 

Employers have been using cameras and video surveillance in the workplace for many years. In fact, in a 2005 survey, over half of the responding companies indicated they used video surveillance to counteract theft, violence, or sabotage. 16% of those respondents used surveillance to monitor their workers’ performance.

Still others were monitoring their employees to help prevent workers’ compensation fraud—something that could pay dividends for their companies in terms of payouts and workers compensation insurance rates.

Staging a workers comp injury caught on video

A California workers’ comp insurer had three cases in 18 months where workers’ comp fraud was proven because of videos that showed the workers staging their injuries. The videos—two from restaurant kitchens and the other in a warehouse--show the workers rearranging furniture and objects, kicking the objects, then screaming out in pain. They were subsequently taken away in an ambulance.

The videos were proof that the injuries were faked, and after an investigation, criminal complaints were filed and convictions resulted in a matter of months. There was no impact on the company’s experience rating, or a corresponding premium increase, because the cases were handled quickly, and fraud was easily proved. 

Caution: Employers must respect the laws on workplace privacy

If employers want to use video cameras to monitor employees, they must have a legitimate business reason to do so. State privacy laws will usually determine the extent at which video monitoring is considered legitimate and lawful. Yet, cameras that also record sound may be in conflict with federal wiretapping laws, with or without an otherwise legitimate reason. Most laws that limit surveillance in the workplace pertain to those areas in which there is a reasonable expectation of privacy—restrooms and break rooms, for instance. Some states also prohibit the use of two-way mirrors in restrooms, locker rooms, and similar locations.

Once a company has ascertained a legitimate need to use video monitoring, employees must be notified of the cameras, and filming must be confined to public areas. Under these conditions, the surveillance is likely to be upheld by the court. But since filming can involve privacy rights, it is critical that employers not cross the line.

Certain employee activities remain private

Other activities may also be off-limits for employer surveillance. The National Labor Relations Act (NLRB) prohibits employers from using video cameras to monitor employees' union activities, including union meetings and conversations involving union matters. Employers are required to bargain with union employees before using video surveillance in the workplace. Also, video surveillance may not be used in a manner that is meant to intimidate current or prospective union members.

Some employees have challenged employer surveillance of their activities while on leave for a medical condition or workers' compensation injury. The courts sided with the employer and denied the challenges in cases that involved clear employee abuse of leave laws. (One employee took FMLA leave to vacation in Las Vegas, while another was caught on camera working out at a gym after claiming he was too injured to work). Aside from these flagrant examples, courts would likely rule differently if an employer's surveillance drifted into private activities and effectively deterred employees with a legitimate need from exercising their legal rights.

Workplace video surveillance guidelines

Employers use video cameras to monitor employees for a host of reasons, all of which could save their businesses money. But it is important to do it lawfully. Here are some general guidelines:

• Make sure you have a legitimate reason to use surveillance
• Do so only in public areas
• Inform your employees that you have cameras in the workplace
• Do not record their conversations
• Refrain from taping union activity

Consider speaking with a labor lawyer in your area if you have additional questions or concerns. To find out more about your state's workplace privacy laws, contact your state labor department.

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