Get Ready For An Increase In Worker’s Comp Claims In 2015- 2016

According to President Obama last week, the US will roll out the Red Carpet for between 5-6M people who live in the US and are currently working illegally for US employers. In other words, Obama will make it legal to work in the US, even if  they are currently an illegal immigrant.  When this happens it stands to reason that workers compensation claims will increase across the board– especially in the light industrial positions.

Why you may ask?

From my almost 30 years of staffing experience, I have found that many illegal workers shy away from filing workers compensation (and unemployment )  claims because they do not want to alert the government/health care systems  that they are working illegally. Especially in non E verify States.

So by early 2015 when these 5M -6M workers can work in the US legally, I suspect staffing owners will experience many more workers compensation claims by their formerly illegal employees.

What do yo think?

I look forward to your comments at david@StaffingCompSolutions.com and helping you with all your workers compensation needs.

All the best
David Schek
President
StaffingCompSolutions.com
American Staffing Association Member
ASA Exhibitor  2014 Conference Booth 1123
California Staffing Association Member

StaffingCompSolutions.com—-  Workers  Compensation  Specialists and Staffing Business Consultants For Over 25 Years.

Six Light Duty Tips to Reduce Your Workers Compensation Expense

The best thing to do to keep your Workers Compensation rates low is NOT to have accidents.  The second best thing to do is to use light duty work effectively  as a way to reduce your workers compensation costs.

Here is a great article that lists six tips to reduce your workers compensation expense through proactive management of your light duty program.

http://www.thestaffingstream.com/2014/10/14/no-free-loaders-the-answer-to-fraudulent-workers-comp-claims-part-2/

Please feel free to contact me to discuss your staffing workers compensation issues. I would be glad to share some possible new staffing workers compensation programs that can lower your rates.

All the best
David Schek
President
www.StaffingCompSolutions.com
American Staffing Association Member
ASA Exhibitor 2014 Conference Booth 1123
California Staffing Association Member

StaffingCompSolutions.com—- Workers Compensation Specialists and Staffing Business Consultants For Over 25 Years.

Work Comp Staffing Solutions Exhibits at the American Staffing Association 2014 Conference

In October, the Work Comp Staffing Solutions team met hundreds of staffing professionals at the American Staffing Association’s annual conference. Many attendees were interested in the Affordable Care Act’s impact on the staffing industry.   In almost all of our conversations with staffing owners, there was an intense interest in the whether the ACA will increase or reduce workers’ compensations costs.

Here are some of the questions that we fielded:

  1. Will workers compensation benefits be delivered slower to employees  because of the limited supply of doctors and emergency rooms  that will now be servicing new ACA patients too?
  2. Will the limited health resources in the US,  translate  into to higher comp costs to employers as employees are out of work longer?
  3. Since under the ACA, employers receive a discount for wellness programs, will that translate into lower workers’ compensation costs?

And believe me,  there were plenty more very interesting questions that were raised by the attendees.

Here is a picture of me  speaking to a staffing owner about these issues and his recent increase in his rates.

American Staffing Association - 2014 Conference

Please feel free to contact me with your questions about workers compensation in 2015 and I would be glad to address them, and provide a FREE workers compensation quote to you.

All the best

David Schek
President
david@StaffingCompSolutions.com
www.StaffingCompSolutions.com
American Staffing Association Member
ASA Exhibitor  2014 Conference Booth 1123
California Staffing Association Member

StaffingCompSolutions.com—-  Workers  Compensation  Specialists and Staffing Business Consultants For Over 25 Years.

Less Than 120 Days Until ACA Starts……. How Will You Successfully Manage It?

Almost every staffing owner I speak to these days wants to know how the Affordable Care Act (aka ACA –aka Obamacare) will impact their permanent and temporary employees. And of course their bottom line. Given the ongoing complexity of the law, many are considering hiring more administrative staff to educate employees or to retain an employment lawyer just to answer all the questions that will arise on a daily basis starting January 1.
While some companies are reluctantly looking to hire more permanent administrative staff these days to manage Obamacare, I recommend that many companies consider partnering with Professional Employer Organization (PEO) or Administrative Service Organization (ASO) to help them handle the implementation of this new complex law.

Finally, below is Q and A on ACA. This is a good example of an informational document, that while well meaning, seems to raise more questions than it answers. It is a good example why partnering with a PEO or ASO in 2015 – 2016 to help manage the implementation of the ACA makes a lot of sense.

If employees haven’t come to you with questions about the Affordable Care Act’s (ACA) affect on them, get ready … they’re coming. Want to know what they’re going to ask?
In a recent survey to gauge how single-employer plans are being affected by the ACA, the International Foundation of Employee Benefit Plans, a nonprofit research and education organization, asked employers to submit the most common questions their HR and benefits staff have been receiving from employees about the law.

More than 600 employers responded to the query.

Here are the top 10 questions employers were approached with — along with ways you can respond:

  1. How do the exchanges work? Am I eligible? Are they free? Could I qualify for a subsidy? How does exchange coverage compare to my current coverage?
    Answer: The exchanges act as an insurance agent of sorts, allowing employees to shop for plans that meet their needs. And yes, everyone can to use them. But whether or not employees get a subsidy depends upon a number of things — like whether or not you offer them coverage, the level of that coverage and their income.
  2. How does the law affect me? Do I need to do anything?
    Answer: The biggest effect is that individuals are now forced to have insurance or pay a penalty. And if you’re offering them coverage that meets the law’s minimum requirements, they don’t have to do anything.
  3. What will this cost me? Why are my costs going up?
    Answer: Just about the only cost figures you could reasonably present them with are your health plan’s premiums and cost-sharing information. As for why costs are increasing, it’s because the cost to treat people in general is increasing, and insurers are accounting for that.
  4. Is the company planning to drop coverage?
    Answer: Only you can say for sure.
  5. How will our benefits change? Are the changes because of health reform?
    Answer: Chances are your plan underwent some changes over the past year — or you’re planning changes for 2015. Be prepared to explain what they are and the reasons behind them.
  6. Can my child stay on the plan longer?
    Answer: Starting in 2010, the health reform law mandated that plans’ coverage to dependent children be extended until they turn 26. But beyond that, nothing has changed in this area as far as federal law is concerned.
  7. Do I have to get coverage if I don’t have it now? When will there be an open enrollment opportunity?
    Answer: Again, individuals are required by law to obtain health coverage or pay a penalty. The exchanges will open again this November. You’ll also want to be prepared to share your plan’s next open enrollment period begins.
  8. Will I have an average of 30 hours per week and qualify for benefits in 2015?
    Answer: If they don’t qualify for your company-sponsored plan, they can always obtain health coverage on the exchanges in November.
  9. Are we dropping spousal/dependent coverage?
    Answer: Again, by law, dependent children must be allowed to remain on a parent’s plan until age 26. However, employer plans are not required to cover spouses. But be prepared to share whether you will or not.
  10. How does the law impact the future of the company?
    Answer: This is a broad question, and one only you can answer. But if you don’t plan to make any drastic changes as a result of the law, share that with employees. It’ll help put them at ease.

Please feel free to contact me at david@StaffingCompSolutions.com and visit our web site at www.StaffingCompSolutions.com. I will be glad to discuss how a PEO or ASO can help you manage the implementation of this program in a very cost effective manner.

David Schek
President
StaffingCompSolutions.com
American Staffing Association Member
ASA Exhibitor 2014 Conference Booth 1123
California Staffing Association Member

StaffingCompSolutions.com—- Workers Compensation Specialists and Staffing Business Consultants For Over 25 Years.

Putting Out A Workers Compensation “Fire” Before It Burns Down Your Staffing Company

Very often, staffing company owners  are so busy putting out daily staffing fires, that they do not have time to thoroughly investigate workers compensation claims. Unfortunately these claims, that start out as smoldering tinders-  when not managed properly, can turn in to a financial firestorm for the company down the road.

As Ben Franklin would say: An ounce of prevention is worth a pound of cure. The time it takes investigating all work comp accidents, can pay huge dividends for the staffing company.

Below is a great article  about how to best investigate  and manage work comp accidents  so that “small fires” do not grow into huge financial disasters  for your company.   The author  is Author Michael B. Stack, CPA, who is a Principal, Amaxx Risk Solutions, Inc. which is an expert in this field.

Why Should I Investigate?

Before a claim handler begins the investigative process, it is important to understand there are reasons why they are looking into the claim.  Determining where you are procedurally can make the investigation more cost effective.

  1. Mitigating an accepted claim
  2. Defending a Potential Claim;
  3. Identifying Fraud; and
  4. Determining Other Necessary Parties to an Action

Determining Witnesses

Basic claims investigation will also allow you to determine witnesses.  This will include fact or lay witnesses, as well as expert witnesses that may be necessary.  Types of fact or lay witnesses include the following: managers or other supervisors, co-workers, on-site medical personnel, human resources staff, risk and safety managers and witnesses to the incident or injury.

Expert witnesses should be used at the discretion of a claims handler.  Expert witnesses charge a fee for their services and may not be needed in all cases.  Types of expert witnesses in a workers’ compensation claim include IME doctors, vocational experts and labor market surveys.

Other Sources of Documentary Evidence

Obtaining additional information about a claim is typically crucial in the early stages of a claim investigation.  It is also important to know the law of the jurisdiction you are in as this will govern your ability to obtain information.  For example, if an employee reports a work injury, claims management professionals are able to request authorizations for medical records.  On the other hand, when a denial is made, the ability to access that same information may sometimes be only made once after a claim is put into litigation.  State workers’ compensation acts and rules also govern employee statements, and access to other information.

Here is a list that claims handlers might want to access during a claims investigation:

  1. Authorization to obtain various records: medical, workers’ compensation division records, vocational reports, tax records (self-employment or multiple job wage earners), school records and unemployment records
  2. ISO Claims Bureau Search
  3. Maps and charts
  4. Police records
  5. Court records
  6. Medical records, bills and other expenses
  7. Child support obligations
  8. Internet or Social Media research
  9. Unemployment records

Other Sources of Information

It is also essential that the claims professional learns as much as they can about the employee’s work activities with the employer.  In some cases it may be important to do the following:

  1. Videotape job site
  2. Videotape employee’s job (common in repetitive movement-type injuries)
  3. Security camera video

Questions of Admissibility

Just because you are able to find information, does not mean that it will be admissible at a workers’ compensation hearing.  In order for a court to review evidence, it must be admissible.  Rules regarding admissibility vary from state to state.  The basic question most courts will ask is whether the evidence has probative value and is not overly prejudicial.  Most states have relaxed rules of evidence in administrative settings.  It is important to consult with an attorney on issues of evidence and admissibility.

Conclusions

Claims management teams are on the front lines when it comes to investigating a claim.  Before handling any claim, it is important for a claims handler to understand what goals they are trying to accomplish and how to complete the task in an effective and timely manner.

I hope you found this article as useful  and had a restful Labor Day.  Please feel free to give me a call to discuss difficult workers  compensation issues you have and  together we determine  economical ways to solve them.   Also let me know if I can provide you with a FREE quote- just contact me at david@StaffingCompSolutions.com and visit our web site at www.StaffingCompSolutions.com

All the best
David Schek
President
StaffingCompSolutions.com
American Staffing Association Member
ASA Exhibitor  2014 Conference Booth 1123
California Staffing Association Member

StaffingCompSolutions.com—-  Workers  Compensation  Specialists and Staffing Business Consultants For Over 25 Years.