Workers’ Compensation

Board Question

Imagine that you have been asked to prepare an email message to your senior leadership team. In the email message, you must provide coaching guidance on what you believe is the most important aspect of hiring a contractor as it relates to workers’ compensation or the transfer of risk. What would you say is the No. 1 consideration of hiring a contractor in your industry? My current industry is owner of a trucking company.

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Unit Essay

Workers’ compensation is the only means for workers to be able to support their families monetarily during the time of injury, which sometimes may be for a few months to a few years.

Many workers across America have had a negative, perhaps even slightly hostile, experience with workers’ compensation and have had the need to dispute certain aspects such as compensation, medical bill payment, and level of disability rating among other issues.

For this assignment, write an essay describing the benefit of the dispute process for the state that you live and/or work in. Think about these questions when writing your essay:

Why is the dispute process even needed? What are common causes of injured workers disputing the level of benefits or compensation? What are the workers’ rights and responsibilities when dealing with disputes? · What is the root cause of disputes? Is it a basic viewpoint of the accident situation in general, or is it a lack of communication, or inaccurate communication between many different groups? How does the dispute process fit into the claim’s management process?

Your essay should be a minimum of four pages. At a minimum, the resources you identified in your Unit IV annotated bibliography should be used in your paper. The annotated bibliography itself will not be included as a part of the assignment, just the resources you identified. All sources used, including your textbook, must be cited and referenced following APA guidelines, and your essay should be formatted in APA style to include a title page and reference page.

NOTE: Much of the dispute process may be reviewed on your state’s web page. Remember, the assignment is to show the perceived benefits of the dispute process, not the actual description or purpose of the process.

Running Head: Unit IV

Running Head: Unit IV 6

Unit IV: Annotated Bibliography

Workers’ Compensation

Ladue, J. (2010). Workers’ Compensation in the United States: Cost shifting and inequities in a dysfunctional system. New Solutions: A Journal of Environmental and Occupational Health Policy20(3), 291-302.

This article talks about the dysfunctionality that is sometimes witnessed in the worker’s compensation system in the United States. The US economy is one of the most generous when it comes to the compensation of the employees who are injured during their work. The compensation is good for the employees and gives them a lifeline when they have suffered an event that could render them unemployed or unable to secure employment for a while. The worker’s compensation is, however, a significant expense to the US economy, according to the authors. The worker’s compensation is more significant than imagined, and it leads to an annual cost in disability benefits as well as health care to a tune of $300 billion. There are healthcare costs that are also shifted to the Social Security system, as well as Medicare/Medicaid. The costs which are shifted by the employers to these federal schemes are far much higher compared to the total cost that is of the state workers’ compensation programs. The majority of the responsibility to compensate the disabled workers is now the work of the federal government and not with the state government. The federal funding that is done for the worker’s compensation is more than four times that which is budgeted for by the state programs. There are regular disputes regarding the compensation according to the article because of this cost. The author of this article concludes that the compensation programs are an inefficient part of healthcare that needs to be addressed in case there is any healthcare reform.

Franklin, G. M., Wackier, T. M., Coe, N. B., & Fulton‐Kehoe, D. (2015). Workers’ compensation: poor quality health care and the growing disability problem in the United States. American journal of industrial medicine58(3), 245-251.

The authors in this article look at one of the major causes of disputes when it comes to worker’s compensation. They look at why the disability problem continues to grow in the United States and why poor healthcare is making matters worse for the employers, employees, as well as the insurer. The proportion of the employees that are of working age have had to be permanently removed from the workforce continues to increase today as it has done in the last 30 years. The removal of these workers stretches the federal and state disability systems, which is meant to protect these people. There is also the disabling of the systems put in place, such as when employers and the insurer fail to pay for some of these incidences, there is a third of these margining disabilities that have to do with musculoskeletal disorders. The back, neck, and other musculoskeletal disorders are also back with the same problem, and several years have lived with such disorders. There has been a failure by the compensation systems to give effective healthcare to treat the non-catastrophic injuries. There has been an overlooking of the corresponding reduction in the participation in the labor force as well as permanent disablement. Several innovations have been put in place, such as the prospective utilization in place that can help in giving more financial stability to the programs that are meant to help the workers. These programs need to be widely adopted to effectively deal with the problem.

Rappin, C. L., Wuellner, S. E., & Bonauto, D. K. (2016). Employer reasons for failing to report eligible workers’ compensation claims in the BLS survey of occupational injuries and illnesses. American journal of industrial medicine59(5), 343-356.

The authors of this article come in to fill the gap that is there in understanding where some employers fail to report some illnesses as well as injuries to the Bureau of Labor Statistics Survey of Occupational Injuries and Illnesses. The authors of the article used a qualitative method by interviewing the respondents at the 2012 Washington SOII. The picked respondents were asked why there is a lack of reporting of the eligible worker’s compensation claims and why they failed to report them. The results of this study showed that there was noncompliance with OSHA recordkeeping as well as with the SOII reporting instructions that are provided. There were also the employers who failed to report the worker’s compensation claims because of data entry errors. These are some of the problems which have led to several employees not getting what they deserve leading to conflicts with the employers as well as with the federal and state bodies. Other employers did not include the claims by the workers because of their views that the injuries they obtained were not related to the work which they were taking part in. They ignored the claims even though the employees had achieved the compensation eligibility. The respondents of this study also questioned how eligible the SOII claims were in the views of this. There are inaccurate workplace injuries, as the authors concluded in the study. Several systematic and nonsystematic errors led to the underreporting of SOII. There was also limited knowledge of reporting requirements and insufficient records, which were barriers to the accuracy of the workplace injuries records.

Bronchetti, E. T., & McInerney, M. (2017). Does increased access to health insurance impact claims for workers’ compensation? Evidence from Massachusetts health care reform.

The authors of this article looked at over 20 million emergency room discharges in Massachusetts. They additionally looked at the other three comparison states to determine the impact of the Massachusetts health care reform on the claims that are put in for Worker’s Compensation. The authors did this to fill the gap in literature where prior evidence of the relationship between workers’ compensation and health insurance is limited. The article found out that the reform that was done in access to healthcare lead to a significant decrease in the number of ER discharges that were billed to workers’ compensation per capita. The authors concluded that the result was driven by the more substantial decrease in workers’ compensation dischargers for conditions where there is flexibility to change either the location of care or change the payer. The article has further included the smaller impacts for the weekend as opposed to the weekday admissions. The next comparison that is made in the article is for wounds versus severe musculoskeletal injuries. The findings of the article are consistent with the reform, which lowered the worker’s compensation medical costs for both insurers and employers. The injured workers have been injured by the reform to try their best and get medical attention in less costly places. The authors also concluded in the results that there is a smaller impact on the propensity of the injured employee to bill the workers compensation for any given injury.

Hansen, B. (2016). California’s 2004 workers’ compensation reform: costs, claims, and contingent workers. ILR Review69(1), 173-198.

The article looks at the worker’s compensation reform of 2004 in California. The reform affected the costs, claims, as well as contingent workers. The first thing that the authors noted was that there was a sizeable excess fraction of difficult to diagnose injuries that happened on Mondays. The effect of Monday was attributed to the unethical act of some employees using the worker’s compensation to cover the injuries which they experienced over the weekend. There is little evidence to support the notion, but this is a view that widely helps. The reforms which were made in worker’s compensation in California, according to the authors, made it difficult and less attractive for the workers to bring in false compensation claims. There were far much more reduced benefits, and the process was much more difficult. The authors of the article tested the effect of the reform using the case of a nationwide firm that makes use of temporary staff on contract. The industry is generally considered one which has pronounced asymmetric information. The author finds that there is evidence that the costs, as well as claim rates, fell significantly following the established reforms. The difficult to diagnose injuries that were witnessed on Mondays also fell by around 7 percent. The same changes seen in California were not seen in the firms of the businesses in other states. The results of the study show that there is indeed truth to the hypothesis that false claims can explain the Monday influx in people claiming compensation for the difficult to diagnose injuries. The claim has been shown using this industry, which has asymmetrical information. It is true, therefore, that some of the employees take advantage of Monday to go for worker’s compensation based on the injuries they might have picked up over the weekend in their normal activities. Insurers and employers are left with a burden, and their hands are tied because the injuries are difficult to diagnose. The excess number of Monday claims has continued to decrease, making up to less than 4% of the total cost reductions after the reforms were put in place.

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