The National Return to Work Week Challenge
The Challenge - Changing Your Perception of Light Duty - Can I? Light duty immediately invokes negative feelings for most employers. I have heard countless stories from employers recanting the horrible experiences they have had as they attempted to bring injured employees back to work. I have witnessed the frustration and the surrender that occurs when injured employees manipulate the system and I have been involved in countless cases as a consultant that made me wonder, “Why are we even doing this?” Some of the cases that come to mind include:
6.2 Million Reasons to Implement a Proactive Workers Compensation Return to Work Program
05 October 2009
On September 29, 2009, The U.S. Equal Employment Opportunity Commission (EEOC) announced a record-setting consent decree resolving a class lawsuit against Sears, Roebuck and Co. (Sears) under the Americans with Disabilities Act (ADA) for $6.2 million. The consent decree, approved by Federal District Judge Wayne Andersen, represents the largest ADA settlement in a single lawsuit in EEOC history.
Posted in In The News, Return to WorkComments (0)
Employer Must Pay for Gastric-by-Pass Under Workers Compensation
10 September 2009
Employers are being asked to take on more or more burdens for employees who are injured on the job. Today I read the following AP Story regarding an employee who was hired weighing 340 lbs – he had a back injury and the employer is being asked to pay for gastric by pass surgery so [...]
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Workers Compensation Return to Work Programs – An Investment or Drain on Corporate Resources?
19 May 2009
Imagine if everyone shared your vision of getting ill or injured employees back to work? In today’s tough economy, it may be difficult to sell your company on the benefits of continuing to offer injured employees viable light duty jobs especially if you are considering a layoff. Workers Compensation is not forgiving and the system is built to punish employer’s long term for decisions they make now. Frankly, employers are not in a win-win situation when it comes to workplace injuries. If you leave the employee at home, the insurance carrier pays them to be there. This, in turn, affects the amount of money you pay for premiums. If you refuse to bring the employee back to work you may be in violation of the Americans with Disabilities Act – ADA. If you bring the employee back to work in a nonproductive light-duty position that has them counting paperclips, you are paying state and federal taxes as well as benefits for an employee who is not contributing anything to your bottom line.
Posted in In The NewsComments (0)
Workers Compensation is a Team Sport – Is the Treating Physician on Your Team?
19 May 2009
Dear Dr. X – I really don’t understand the note I received from your office, can the employee come back to work or not? What do you mean he has a five pound lifting restriction – he doesn’t lift anything all day! Workers Compensation is a team sport – everyone has to work for the same goal on the same team – unfortunately medical treatment often creates a disconnect between the goal of the employer – return to work; the goal of the employee – stay at home a little bit longer and the goal of the treating doctor – fill out volumes of paperwork so he or she can get paid and keep everyone happy in the process. The key question for employers, did you explain your return to work goals to the physicians who treat your injured employees? Are we asking physicians to be mind readers? Or are we allowing our employees, who may have their own agenda, to determine their return to work options?
Posted in Margaret RantsComments (0)
National Return to Work Week Virtual Conference Starts May 11
09 May 2009
National Return to Work Week Five Day Virtual Conference will bring together employers, employees, physicians, vocational experts, insurance, legal professionals and disability providers from around the country to share expertise, best practices and exchange information to increase return to work opportunities for ill, injured and disabled employees. The best part - It is FREE! So please join us!
Posted in Margaret RantsComments (0)
Georgia Company Fined $53,162 for Child Labor Violation
09 May 2009
Demon Demo, Inc was fined $53,162 after a teenage worker fell from a second story deomolition site. The teenager later died. The company was sited under the new Genetic Information Nondiscrimination Act of 2008 which increases the maximum level of civil penalties for child labor violations that results in the work related death or serious injury of a minor. The company was also fined for failure to pay overtime pay. Read full article
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Property Managers Fatality Highlights Traveling Employee Exposure
28 April 2009
Ellen's family sought payment of death benefits and funeral expenses, asserting that Ellen was a traveling employee at the time of her death. The JCC (Worker Comp Court) denied the benefits finding that she was not in the course and scope of her employment when the accident happened. The further asserted that Ellen was not a traveling employee pusuant to FS 440.092(4). Is an employee who travels for his or her employer always covered by workers compensation? Read what the Judges ruled in this case.
Posted in In The NewsComments (0)
OSHA cites Omaha, Neb.-based Miranda Roofing for Fall Protection Violations
25 April 2009
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Miranda Roofing in Omaha for alleged violations of the Occupational Safety and Health (OSH) Act and has proposed $148,400 in penalties against the company. OSHA cited the roofing company following an inspection that found employees exposed to fall hazards without fall protection. The inspection found two alleged willful, one alleged serious and one alleged repeat violation of the OSH Act.
Posted in What's OSHA Up ToComments (0)
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