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30506300/0305 ©2003 Business & Legal Reports, Inc. BLR’s Human Resources Training Presentations in Texas Workers’ Compensation

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BLR’s Human Resources Training Presentations in Texas. Workers’ Compensation. Goals. Recognize the purpose and benefits of workers’ compensation Understand your role in the system Know how you can help reduce claims and keep costs down - PowerPoint PPT Presentation

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30506300/0305 ©2003 Business & Legal Reports, Inc.

BLR’s Human Resources Training Presentations in Texas

Workers’ Compensation

30506300/0305 ©2003 Business & Legal Reports, Inc.

Goals

Recognize the purpose and benefits of workers’ compensation

Understand your role in the systemKnow how you can help reduce claims and

keep costs down Understand Texas laws governing workers’

compensation

30506300/0305 ©2003 Business & Legal Reports, Inc.

What Is Workers’ Compensation?

Accident insurance program State mandated Employer funded

30506300/0305 ©2003 Business & Legal Reports, Inc.

What Does It Cover?

Medical and rehabilitation expenses

Lost wages Death benefits

30506300/0305 ©2003 Business & Legal Reports, Inc.

When Does It Apply?

Work-related injuries Work-related illnesses

30506300/0305 ©2003 Business & Legal Reports, Inc.

The Cost of Workers’ Comp

Texas formula Risk factors for specific jobs Employer’s claims history

30506300/0305 ©2003 Business & Legal Reports, Inc.

Special Terms

No employee lawsuits No employer retaliation

30506300/0305 ©2003 Business & Legal Reports, Inc.

Reporting Work-Related Injuries

Employee claims Employer reports Medical reports OSHA reporting

forms

30506300/0305 ©2003 Business & Legal Reports, Inc.

Maintaining Contact with Out-of-Work Employees

Keep up employee’s morale Encourage the employee to stick with

treatment program Demonstrate that the employee is expected

back at workAlert claims manager to any problems Assure employees of employer’s concern

for their well-being

30506300/0305 ©2003 Business & Legal Reports, Inc.

Dealing with Permanent Disability

Some disabilities prevent any work

Others may require an employee to do a different job

30506300/0305 ©2003 Business & Legal Reports, Inc.

Easing the Return to Work

Rehabilitation Consultation with medical professionals Alternate duty work

30506300/0305 ©2003 Business & Legal Reports, Inc.

What Alternate Duty Work Is

Transitional phase Way for a recovering

employee to make productive contribution

Temporary Supervised

Means to help the employee rebuild strength

Opportunity for employee to learn prevention techniques

Morale booster

30506300/0305 ©2003 Business & Legal Reports, Inc.

What Alternate Duty Work Isn’t

Make-work An excuse to goof off A task that could reinjure the worker

or aggravate an illness

30506300/0305 ©2003 Business & Legal Reports, Inc.

Suggestions for Appropriate Alternate Duty Work

Less strenuous or stressful parts of the employee’s normal job

Normal job tasks performed part-time or at a slower pace

A combination of less strenuous or stressful parts of several jobs

A special project without a tight deadline

30506300/0305 ©2003 Business & Legal Reports, Inc.

Help Prevent Injuries and Illnesses

Conduct regular safety inspections

Correct identified problems immediately

Hold frequent safety meetings Include safety in performance

evaluations

30506300/0305 ©2003 Business & Legal Reports, Inc.

Help Prevent Injuries and Illnesses (cont.)

Require safe housekeepingPerform equipment maintenance on scheduleEncourage employee safety involvement Highlight safety achievements

30506300/0305 ©2003 Business & Legal Reports, Inc.

Effective Accident Investigations

Conduct or cooperate with safety investigations

Evaluate situations that lead to stress-related claims

Correct conditions that cause injury or illness

Follow up to ensure that corrective action has been implemented

30506300/0305 ©2003 Business & Legal Reports, Inc.

Basic Rules in Texas

Voluntary coverageEmployer notice Employee waiverNo-fault system

30506300/0305 ©2003 Business & Legal Reports, Inc.

Basic Rules in Texas (cont.)

Preexisting conditions and second injuriesReporting injuriesContesting claims

30506300/0305 ©2003 Business & Legal Reports, Inc.

Medical Benefits

Reasonable and necessary treatmentTravel for treatment Choice of doctorChange of doctor

30506300/0305 ©2003 Business & Legal Reports, Inc.

Cash Benefits

Temporary income benefitsPermanent partial disabilitySupplemental income benefitsPermanent total disability

30506300/0305 ©2003 Business & Legal Reports, Inc.

Violations and Penalties in Texas

Retaliatory disciplineCharge backsFalse statements and fraud

30506300/0305 ©2003 Business & Legal Reports, Inc.

Goals

Recognize the purpose and benefits of workers’ compensation

Understand your role in the systemKnow how you can help reduce claims and

keep costs down Understand Texas laws governing workers’

compensation

30506300/0305 ©2003 Business & Legal Reports, Inc.

Summary

Workers’ compensation is a valuable employee benefit

Employees who suffer work-related injuries or illnesses are entitled to benefits

It is important to report all safety and health incidents promptly

Conduct or cooperate with thorough investigations

30506300/0305 ©2003 Business & Legal Reports, Inc.

Summary (cont.)

You play an important role in maintaining contact with out-of-work employees and helping them come back to work

You can help reduce claims and keep down costs by promoting safety and health and preventing injuries and illnesses

You must comply with Texas workers’ compensation laws

30506300/0305 ©2003 Business & Legal Reports, Inc.

Quiz

1. Employees may collect workers’ compensation when ___________________________________________________.

2. Workers’ comp covers _________________________________.

3. Staying in touch with employees recovering from injury or illness can help identify problems with their treatment or benefits. True or False

4. Regular safety inspections are one way to help reduce worker’s comp costs. True or False

5. A good way to ease recovering employees back to work is ___________________________________________________.

30506300/0305 ©2003 Business & Legal Reports, Inc.

Quiz (cont.)

6. You can fire an employee for filing a workers’ comp claim if you think the claim is bogus. True or False

7. It is your responsibility to determine when an injured employee can return to work. True or False

8. Name at least three qualities of effective alternate duty work: ___________________________________________________.

9. Employees with job-related injuries or illnesses shouldn’t return to work until they’re back in peak condition. True or False

10.When you investigate incidents leading to workers’ comp claims, you should try to determine ___________________________________________________.

30506300/0305 ©2003 Business & Legal Reports, Inc.

Quiz Answers

1. Employees may collect workers’ comp when they have a work-related injury or illness.

2. Workers’ comp covers medical and rehabilitation expenses, lost wages, and death benefits.

3. True. Staying in touch can also help keep up the employee’s moral, encourage the employee to stick with the treatment program, demonstrate that the employee is expected back at work, and assure all employees that their employer cares about their well-being.

4. True. Regular inspections can detect hazards and give you the opportunity to take corrective action before anyone is injured or becomes ill.

30506300/0305 ©2003 Business & Legal Reports, Inc.

Quiz Answers (cont.)

5. A good way to ease recovering employees back to work is to assign them alternate or light duty work that they can perform without reinjuring themselves or becoming ill again.

6. False. Employers are prohibited by law from retaliating in any way against employees who file claims—even if the employer believes that the claim has no merit.

7. False. Medical professionals will determine when an employee can return to work.

30506300/0305 ©2003 Business & Legal Reports, Inc.

Quiz Answers (cont.)

8. Alternate or light duty work is (1) a transitional phase, (2) a way for a recovering employee to make a productive contribution, (3) temporary, (4) supervised, (5) a means to help the employee rebuild strength, (6) an opportunity for the employee to learn prevention techniques, and (7) a morale booster.

9. False. Employees may return to work with the approval their physician while they are still in the rehabilitation phase as long as there is alternate or light duty work for them to do.

10. When you investigate incidents leading to work-related injury or illness, you should try to determine what conditions and/or actions caused the injury or illness, whether similar incidents have occurred before, and what equipment, procedures, and/or training changes could prevent future incidents.