Workers Comp Regulations

Workers' comp sees reform; law goes into effect in July 2014

While these fines vary state-to-state, in Florida, for example, penalties increase from $100 for a one-to-seven-days-late filing, on up to $500 for more than 28 days of untimely filing. Once the claims examiner accepts the claim, any temporary disability payments must occur after the state's designated waiting period, in some cases after 7 or 14 days, depending upon the state. The state's weekly average wage and a calculation similar to that used by unemployment departments helps determine how much an employee receives while the injury heals. Late payments also receive fines and penalties, typically paid to the injured worker. No-Fault System Workers' compensation insurance operates on a no-fault system, finding neither fault nor blame on behalf of the employer or employee for the injury.
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Government workers' compensation payments surge in New Orleans

In the construction or mining industries, however, employers must provide coverage even if there is only one employee. What the employer pays for that insurance depends on each employees classification, how long the employer has been in business, the type of business the employer is in, and the employers total workforce, according to TDLWD. The current workers comp system saw more than 100,000 medical and lost-time claims in the 2011-12 fiscal year. While employers dealt with lost productivity, employees in those claims faced job and financial loss, and physical impairments. There are a lot of difficult claims to manage, Francis said. We had 19 people who went to work [during that year] and did not come home [due to death]. Every year in America, nearly 4 million people suffer a workplace injury, with some never recovering, according to the Tennessee Occupational Safety and Health Administration (TOSHA). The leading causes of occupational injuries, says TOSHA, include sprains, cuts and lacerations, bruises and fractures. A sprain could cost a business more than $60,000 in direct and indirect costs, TOSHA projects. Tennessee, Francis noted, is surrounded by eight Southeast states that have cheaper workers comp coverage rates. Nationally, TDLWD says only Tennessee and Alabama use trial courts to resolve workers comp claims. That situation, the department insists, has led to a litigious system, plus inconsistency and poor timeliness in court rulings. The [Tennessee] Supreme Court has heard some workers comp cases that are 12, 13 years old, Francis said. The employer didnt win, they just outlasted [the case].
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"That's a no-brainer," Councilwoman Susan Guidry said. "That absolutely should be done. We don't need to study that." "Absolutely," Bagneris agreed. Nick Felton, president of the firefighters' union, said in a later interview that the Fire Department's high level of workers' comp claims is only to be expected, given the nature of the job. "I wouldn't be surprised if those numbers would be a little higher than for people working down at City Hall," he said. "We're running into burning buildings." Felton said he believes firefighters would support a light-duty regimen. The chance to return to work earlier would cut down on the limited amount of paid time off a firefighter can take to recuperate from an injury. State law gives firefighters 365 days of injury leave, although there is a dispute over the interpretation of that statute.
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The Perception Series Part I: Workers' Comp is a Problem for the Uninitiated and Unaware

The delay in their settlement. The lack of authorization on their prescriptions, or the one who should know Johnny down the street is committing fraud. This basic lack of awareness or information hurts both the newly injured and the industry established to tend to them. The belief that workers' comp is in any way simple, controlled by one overarching entity, does not leave the injured worker at all prepared for the juggernaut of complexity headed their way. Likewise, newly injured are often confused and frightened. They lack much control over what is happening to them, their income and livelihood are at risk, they are handed off to someone they do not know who works for a company they have never heard of, and everyone from the Doctor on down is too busy to answer their many, many questions. It is a recipe for litigation stew, and we are unfortunately excellent cooks. These misperceptions also encourage the disability mindset that we have spent so much time discussing of late .
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Principal employers' obligations to Worker's Compensation Fund

Section 8 (1) of the Workers Compensation Act guides that where any person, in this section referred to as the principal, in the course of or for the purposes of that persons trade or business, contracts with any other person, in this section referred to as the contractor, for the execution by or under the supervision of the contractor, of the whole or any part of any work undertaken by the principal, any worker engaged on such work shall be deemed to be the worker of the principal unless and until the contractor in respect of the work has been assessed as an employer and has paid all assessments due to the fund. And any reference in this Act to the employer shall be deemed to be a reference to the principal. My readers may also wish to make reference to subsection (3) which guides that the principal shall ensure that any assessment for which the contractor is liable is paid and if the principal fails to do so, that principal shall be personally liable to pay the assessment. And the provisions of this Act with regard to enforcing assessments shall apply to the principal but that the principal shall be entitled to re-imbursement by the contractor of any sum paid out under this subsection. We normally invoke section 8 of the Act as a necessary corrective measure where it is found that an employer is circumventing the law, albeit this is usually one of the last enforcement options. We have brought out this information to guide organisations which may be deemed to be principal employers in order that measures to protect their business interests may be taken as far as they relate to compensation matters. This information is intended to meet needs of business organisations which may be contracting out portions of work without paying attention to workers compensation issues. Our revenue manager has advised that communication to this effect has been made with principal employers in the country and that the subject section will be invoked very soon. We therefore call on principal employers to take necessary measures to comply with the law in terms of their dealings with contractors and suppliers.
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