Workers compensation and rehabilitation

A government-owned collieries company in India has 67 mines with around 100 000 miners. The roof of a mine collapsed killing ten miners. The mine was 15 years old and the accident occurred between 1.30 and 2 am. When workers in the third shift carried out a blast to break the coal, the roof collapsed. Two miners who remained alive were admitted to hospital. 

An inquiry was ordered, and the government also announced that each miner s family would receive 600 000 rupees (approx. USD 15000) compensation, with half paid by the colliery company. In addition their children would receive free education and the families would receive free collieries company housing. 

The tragedy followed an earlier one in the company s mines the same year when 17 miners drowned. The wall of the 7 Life Extension project had collapsed and the mine was flooded. There had apparently been worker complaints of lack of safety management by the company. 

A judicial inquiry by a High Court judge was just about to hold a hearing in the state when the new tragedy struck. 

Risks and hazards within our environment are not always controlled. Systems to compensate employees who have a work-related injury or illness have, therefore, been introduced and are covered under statute law. 

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Implications of an injury on employers liability, workers compensation and rehabilitation... 

There has been a trend in recent years to tie the occupational health and safety legislation to workers compensation and rehabilitation reforms. In some jurisdictions, for example British Columbia, the administration of OSH and of compensation and rehabilitation have long been given to a common authority. 

It is clear from what you have just read that there are maity steps in the workers compensation and rehabilitation process, as well as in common law suits for injury sustained at work, where disputes can occur. 

Description of hazard. The harmful use of drugs and alcohol in the workplace adds to the cost of injuries, absenteeism, lost production, worker compensation, and rehabilitation. It is estimated that the direct cost to industry of sickness and death from drug and alcohol abuse to industry is 3.7 billion per year. 

In some jiuisdictions, the government compensation and rehabilitation authorities, and the occupational health and safety authorities, have been merged. In British Columbia, for example, the workers compensation prentimns fund the occupational health and safety administrative function. 

Each jiuisdiction, as noted in an earUer chapter, has its own act and regulations covering workers compensation and rehabiUtation. Although there are mar similarities in the schemes, differences for the employer and employee be foimd in areas of compensation values awarded, insurance provisions and rehabilitation reqirirements. It is, therefore, very important that you read your own legislation and interpret it cor-rectfy, especially if you have responsibiUties tmder it. 

Kenny, D. (1994). The Relationship Between Workers Compensation and Occupational Rehabilitation. Journal of Occupational Health and Safety—Aust NZ, 10(2), 157-64. 

Harshbarger, D., Rose, T. (1991). New possibilities in safety performance and the control of workers compensation costs. Journal of Occupational Rehabilitation, 1, 133-143. 

Habeck, Rochelle V, Michael J. Leahy, H. Allan Hunt, Fong Chan, and Edward M. Welch. 1991. Employer Factors Related to Workers Compensation Claims and Disabihty Management. Rehabilitation Counseling Bulletin 34(3) 210-226. 

These laws include the Civil Service Reform Act, Immigration Reform and Control Act, Executive Order 11246, certain sections of the Americans with Disabilities Act and Civil Rights Act of 1964, Family and Medical Leave Act, Occupational Safety and Health Act, and sections of the Rehabilitation Act, Social Security Act, Fair Labor Standards Act, and workers compensation law. 

Most workers compensation systems require payment of all medical expenses, including hospital expenses, rehabilitation expenses, and prosthesis expenses. 

Workers compensation laws provide payments for medical expenses, burial expenses, loss of wages, and impairments. Most provide payment for physical and vocational rehabilitation. Some provide for mental rehabilitation. 

Rehabilitation Expenses There are two main kinds of rehabilitation. Physical rehabilitation involves therapies intended to regain lost strength and movement. Vocational therapy involves regaining lost work skiUs or learning new skUls. Most workers compensation benefits typicaUy cover physical rehabilitation as a medical expense. Provisions vary for vocational rehabilitation. Some states require the employer to pay for vocational rehabilitation. Some laws have maximmn payments, limit the period allowed for training or limit total expenses per case. Under the Federal Vocational Rehabilitation Act, states receive federal funds to help cover the cost of retraining persons disabled in industrial accidents. 

In its simplest case it involves extremely creative approaches to rehabilitation that bring new meaning to the term walking wounded . In the most extreme case it may involve a company in effect acting as a self insurer in order to hide injuries from the Joint Coal Board workers compensation system and the statistics that come from it. 

Workers compensation insurance generally has maximum and minimum premiums for particular types of employment set by law. Good rehabilitation practices, with an early return to work for employees where possible, can rednce the overall costs of an injury. 

Workers compensation legislation as noted now generally places a strong emphasis on rehabilitation. Some of this legislation now provides that up to a certain percentage of the maximum amount, or prescribed amount of compensation, is to be used for rehabilitation. Without rehabilitation, workers lose confidence and self-esteem and this can threaten relationships as observed earher. They also become anuimecessary cost to general medical insurance and social security services. 

Some of the dispute procedures for workers compensation as a whole will appfy also to the rehabilitation component. Government facihties and arrangements vary between jurisdictions, so you will need to check on these local factors. 

The Eederal Employees Compensation Act (FECA), 5 U.S.C. 8101 etseq., establishes a comprehensive and exclusive workers compensation program which pays compensation for the disability or death of a federal employee resulting from personal injury sustained while in the petformance of duty. The FECA, administered by OWCP, provides benefits for wage loss compensation for total or partial disability, schedule awards for permanent loss or loss of use of specified members of the body, related medical costs, and vocational rehabilitation. 

Extended costs may include increased insurance or workers compensation cost, reporting of accidents, travel, investigation, cleanup at the accident site, legal and medical services, more extensive rehabilitation of the plant, and damage to public image, among others. 

Most countries have compensation systems for work-related disability (injury or illness) or premature death (Stellman, 1998). They usually cover loss of income, medical payments and rehabilitation expenses. There are different means of organising the workers compensation system ... 

Prior to the advent of workers compensation, most employees injured on the job went uncompensated, creating an economic burden for themselves, their family, and society. Workers compensation was introduced to provide a remedy for this situation. Workers compensation laws provide that injured workers are compensated for then-lost wages, the cost of covered medical expenses, death benefits, and the cost of rehabilitation. Unfortunately, the laws do not provide for retirement plan contributions. 

After several relapses and periods of sick leave, one has to look for alternatives. The extent of the problem varies with the worker s degree of disability, motivation, age, intelligence, and how long the individual has worked in the particular job. Proper rehabilitation involves not only medical but also social activities, e.g. by employer, welfare officer, insurance companies involved with compensation, social institutions, labour inspectors and trade unions. Their contributions... 

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