Workers compensation history

Asking about an employee s prior workers compensation history ... 

To determine which jobs you should analyze first, review your injury and illness reports such as the OSHA 200 log, your medical case histories, your first-aid cases, and workers compensation claims. First, you should conduct a JHA for jobs with the highest rates of disabling injuries and illnesses. Do not forget jobs in which you have had close calls or near hits. You should give these incidents a high priority. Analyses of new jobs and jobs in which changes have been made in processes and procedures should be the next priority. 

In those jurisdictions where a formal workers compensation system is in effect, the compensation health records provide the most definitive information available because the medical, social, and work history of each employee who applies for workers compensation is investigated in comprehensive detail and is made available in large part to management. Currently, relatively few illnesses, as compared to injuries, are considered for workers compensation claims. However, if a cluster can be found with the same type of complaint, that information can be invaluable. Similar information can be obtained from private insurance companies who provide employee coverage in place of workers compensation. 

Etisability and health status Can you perform the essential requirements of this job, with or without reasonable accommodation Do you have any disabilities Do you have any conditions that might require accommodation What is your medical history Have you ever filed a workers compensation claim at a former employer ... 

Other interactions with the community are also important, such as the relationship between the company and the local medical community. When a company maintains a positive interaction with the medical community, a bond of mutual trust and cooperation may exist. Thus, if the safety and loss prevention professional has a history of working with the medical community, an injured employee s workers compensation costs may be able to be reduced by returning the injured employee to restricted or light duty. If the image and reputation of the company are poor, the medical professionals may want to keep the injured employee away from work for awhile, thus increasing the workers compensation costs, because of the fear of reinjury or failure to follow the proscribed medical restrictions. 

Safety and health awareness has a surprising history that dates as far back as the time of the Egyptian pharaohs. The Code of Hammurabi, named after a Babylonian king circa 2000 BC, contained clauses that could be interpreted as early attempts at workers compensation. There is also evidence of concern for safety and health during the time of the Roman Empire. This chapter examines the history of the safety movement in the United States and how it has developed over the years. 

A company s injury history, both the frequency and severity of injuries, is one of the factors determining their workers compensation insurance premiums. Having a revamped safety program will drive down injury rates and, in turn, insurance premiums. But, that is only one of the costs associated with workplace injuries. Others include medical expenses for treatment of the injured and lost productivity. Below are some rather startling findings from a PBS Frontline program based on a University of Michigan Press publication, which examined workplace injury statistics for 1992. 

One such method for determining workers compensation premiums is through the use of the experience modification rating (EMR). The EMR is determined by the National Council on Compensation Insurance (NCCI) or other insurance rating groups. The EMR system rates companies based upon the type of work they are engaged in and their past loss history. Using actuary science, the insurer estimates what a firm s losses should have been over a period of time and compares them to their actual losses (Adams 1997,33). 

Safety and health information means the establishment s fatality, injury, and illness history OSHA 200 logs workers compensation claims nurses logs the results of any medical screening or surveillance employee safety and health complaints and reports environmental and biological exposure data information from prior workplace safety and health inspections materials safety data sheets (MSDSs) the results of employee symptom surveys safety manuals and health and safety warnings provided to the employer by equipment manufacturers and chemical suppliers information about occupational safety and health provided to the employer by trade associations or professional safety or health organizations and the results of prior accident and incident investigations at the workplace. 

Serious injury and fatality experience during demolition, decommissioning, and major building renovation operations have been notably high, as are the workers compensation rates. Anticipating is the key, which requires an examination of the property to review its use history and to evaluate its accumulated risks. Doing so is necessary to identify such as possible structural deficiencies, chemicals, or environmental concerns. 

Experience modification rates are multipliers used in most states workers compensation formulas. The rates are based on worker injury/illness loss history over a three year period (the first three of the last four years) and can drive workers compensation insurance costs up or down depending on the amount of loss that occurred over the three year period. An EMR of 1.0 is considered to be average. An EMR over 1.0 will increase the base premium. An EMR below 1.0 will result in a reduction to the base premium. Contractors should contact their workers compensation insurance carriers to obtain current and past EMRs. 

On the history of workers compensation, see Bale, Hope in Another Direction, parts i and 2 Berman, Why Work KUls Boden, Problems in Occupational Disease Compensation Greenwood, Historical Perspective and Higgens-Evenson, Industrial Pohce. ... 

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