Tag Archives: injury

Workers Compensation

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In the United States workers compensation went into effect during the early 1900′s. During this time the legal system was experiencing significant growth which led to increased protection of employee rights. These employee rights laws started out very industry specific, with the manufacturing industry leading the way. As a result, states that supported high risk industries experienced the adoption of such laws earlier than those that relied on other industries such as agriculture. It is partly the industry specific nature of these laws that have made it a state law instead of federal law. By 1948 every state and US territory had adopted some form of workers compensation law and would continue to develop it as time went on.
State workers compensation laws have been developed with two things in mind. The first was to provide guaranteed coverage for the employee to ensure that they will have adequate means to live if they are injured on the job. The second purpose for the laws is to protect the employer from being suited and losing everything because of an injury. The idea is that the system provides a structured plan to support the injured employee without causing undue hardship to the employer.
To help reduce the cost for your organizations workers compensation coverage there are several action steps you can follow:


Action Steps: The best contacts and resources to help you get it done

Find your state specific workers compensation laws:

Every state has its own set of rules and regulations for workers compensation. It is important for you to look in all states that you do business in as coverage is differs state to state. I recommend taking a look at your states individual workers compensation laws to ensure you are aware of these different conditions. A great resource for this is WorkersCompensation.com, click on a states link to see the specific regulations.

Get a free quote:

Use one of the many online services to get a free quote on what your insurance cost would be. It can be helpful to use two or three different services while researching to get a good idea of the industry average. I recommend visiting Insurance Finder or the quote request page at WorkersCompensation.com. These will provide some numbers to work with while looking for the proper insurance provider for you and your organization.

Visit the US Department of Labor:

While most regulations in the workers compensation laws are state specific, there are certain conditions that apply on a national level. These include coverage to injured employees for medical bills and lost wages. The most common difference is the waiting period for payment and how much of the wages are replaced. I recommend checking out the Department of Labor for more information on these topics. As of next year the Department of Labor will be handing responsibility of reporting on these matters to WorkersCompensation.com, who has become the leading resource for national workers compensation coverage.

Become Educated:

One of the biggest reasons for lawsuits pertaining to workers compensation is a direct result of a lack of knowledge! Protect your organization by becoming educated on this important law. I recommend visiting HRSentry and signing up for the free online webinar on May 20th at 2pm. For anyone seriously interested in learning the ins and outs of workers compensation, Americans with Disabilities Act, or the Family Medical Leave Act, this is a must. It will be presented by a wonderful presenter and human resource professional, Brenda JM Sabin, CBP check it out.

Educate Employees

The final step to any successful workers compensation plan is making sure your employees understand it. I recommend including the specifics of your workers compensation plan in your employee handbook. This allows employees access to this information and keeps all levels of management on the same page. For more information on this topic visit my “Importance of Creating an Employee Handbook” lens. Another great resource for this and all Human Resource related needs is the HRSentry Solution.

Avoid OSHA Fines: stay compliant

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The Society for Human Resource Management reports that each year OSHA conducts 35,000 to 45,000 job site inspections. It is important to be prepared for such an inspection at all times as well as update policies and procedures regularly.

Who is Covered:

In general, the Act covers all employers and their employees in the 50 states, the District
of Columbia, Puerto Rico, and other U.S. territories. Coverage is provided either directly
by the federal Occupational Safety and Health Administration (OSHA) or by an
OSHA-approved state job safety and health plan. Employees of the U.S. Postal Service
also are covered.

The Act defines an employer as any “person engaged in a business affecting commerce
who has employees, but does not include the United States or any state or political
subdivision of a State.” Therefore, the Act applies to employers and employees in such
varied fields as manufacturing, construction, longshoring, agriculture, law and medicine,
charity and disaster relief, organized labor and private education.

The Act does not cover:

  • Self-employed persons;
  • Farms which employ only immediate members of the farmer’s family;
  • Industries in which other federal agencies, operating under the authority of other federal laws, regulate working conditions. This category includes most working conditions in mining, nuclear energy and nuclear weapons manufacture, and many aspects of the transportation industries;
  • Employees of state and local governments, unless they are in one of the states with OSHA-approved safety and health plans.

During OSHA inspections all employees are subject to review, as such it is necessary to instruct everyone on the required policies and procedures. Providing written instructions in easily accessible places is also important. More information on OSHA requirements can be found at the Department of Labor website. To access more information on these and other HR related issues, join HRSentry.

Workplace Incident Report

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Every year the United States Department of Labor releases a report on workplace safety that includes injury and illness rates. Knowing what your industries injury rate is and what tools can be used to reduce your risk can save thousands of unnecessary dollars in fines and lawsuits.

Industry 2006 annual average employment(in thousands)/Incidence Rate2005/2006

Nonclay refractory manufacturing 6.3 / – / 16.9
Motor home manufacturing 21.1 / – / 16.8
Iron foundries 58.4/ 17.1 / 15.1
Light truck and utility vehicle manufacturing 69.3 / 17.8 / 14.6
Prefabricated wood building manufacturing 27.2 / 14.3 / 14.3
Truck trailer manufacturing 38.5 / 16.8 / 13.9
Manufactured home (mobile home) manufacturing 49.1 / 12.9 / 13.2
Skiing facilities 34.0 / – / 13.2
Travel trailer and camper manufacturing 48.7 / 14.1 / 13.1
Sports teams and clubs 63.2 / – / 12.8
Animal (except poultry) slaughtering 146.3 / 12.6 / 12.5
Steel foundries (except investment) 20.9 / 10.7 / 12.1
Aluminum foundries (except die-casting) 22.5 / 13.3 / 12.1
Metal tank (heavy gauge) manufacturing 27.1 / – / 11.9
Motor vehicle body manufacturing 66.9 / 8.3 / 11.8
Beet sugar manufacturing 6.1 / 18.3 / 11.7
Amusement and theme parks 137.0 / – / 11.7
Couriers 528.0 / 12.4 / 11.0
Ambulance services 127.3 / – 11.0
Iron and steel forging 27.0 / 13.3 / 10.9
Heavy duty truck manufacturing 37.6 / 13.1 / 10.9
Scheduled passenger air transportation 426.8 / – / 10.8
Ship building and repairing 91.7 / 10.9 / 10.7
Soft drink manufacturing 79.7 10.4 10.6
Household furniture (except wood/metal) manufacturing 6.5 / – / 10.6
Private industry 111,273.1 / 4.6 / 4.4

Visit the Department of Labor homepage to see more stats on workplace incidents reports. For more information on risk management solutions, visit the HRSentry Homepage.