Course Description
When an employee is injured at work, Workers' Compensation benefits are available to cover lost wages and medical costs related to the injury.
Whether those benefits spiral out of control or are properly managed depends on you - and your administrative prowess.
Join us for a two-day training course where you'll learn successful strategies for tracking, monitoring, managing - and avoiding - Workers' Comp incidents, including:
- Which workers are - and aren't - covered by Workers' Comp
- What kinds of injuries and illnesses are - and aren't - covered by Workers' Comp
- Your organization's rights and responsibilities for Workers' Compensation
- The "whats", "wheres", "hows", and "whys" to successfully managing a Workers' Comp claim from injury to resolution
- Tips for handling the interaction/overlap ADA and FMLA laws have on Workers' Comp claims
- How to plan for - and prevent - certain types of claims
- How to prevent injuries and facilitate a safe culture in your workplace
- Also Included!
Your Workers' Comp Training Seminar & Workshop also includes Interactive Exercises that cover:
- Managing large value and/or complicated claims
- Filling out forms
- Return to work issues
- The overlap of WC with FMLA and ADA
- Record retention/documentation/paperwork
- State-specific issues
- Special Bonus!
By enrolling, you also receive OnDemand access to several specialty training webinars that you can access whenever you need them!
These training courses - which retail independently for over $2,500 - cover key administrative and compliance tips on everything Worker's Comp! Each session is presented by an industry expert, and is an invaluable resource for you to have - and which you can use at your leisure - as few or as many times as needed. What could be better?
Obviously...you get a lot of bang for your training dollars. So don’t wait; order today!
PHR / SPHR Re-Certification Credits!
This program has been approved for 21 re-certification credit hours through the HR Certification Institute.
For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org. The use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCI's criteria to be pre-approved for recertification credit.
Agenda
DAY ONE
About Workers' Comp
- What is it
- Why established
- Penalties for non-compliance
Who Is Covered By Workers' Compensation?
- Employees
- Temp workers / borrowed workers
- Necessary contractual terms for hiring temps through an agency
- Criteria for determining who is an independent contractor
- Handling improperly designated independent contractors
- Statutory coverages
- Statutory exclusions from coverage
What Is An Accident Under Workers' Compensation?
- "Arising out of and in the course of employment"
- Repetitive trauma claims
- "Exposure" claims
- Parking lot claims (coming and going)
- Coverage for traveling employees
- After-work activities/social activities that are considered work accidents
- Accidents at home for telecommuting employees
- Psychiatric and stress claims
Requirements For Compensability
- Employment relationship
- "Accident"
- Causal connection between the accident and alleged injury
- Reasonableness and necessity of medical treatment
- Statute of Limitations
Defenses To "Arising Out of And In The Course Of Employment"
- Intoxication
- Misconduct
- Horseplay
- Fighting
- Performing personal work at work location
Interactive Exercise: Determining Whether A Reported Injury Is A "Work Accident"
Benefits Available Under Workers' Compensation
Medical Benefits
- What benefits are covered and for how long
- Choice of doctor
- Chiropractic treatment
- Alterations to house and/or vehicle for mobility
Monetary benefits based on Average Weekly Wage (AWW)
- Basic AWW calculation
- What wages are used for calculation?
- Is overtime included?
- Are there special considerations for part-time and/or low wage workers?
Interactive Exercise: Calculating The AWW And Benefit Rates
Temporary Total Disability
Temporary Partial Disability
Permanent Partial Disability
Total Permanent Disability
- Medical disability
- Statutory disability (some states)
- "Odd-lot" total permanent
Vocational Rehabilitation
- Maintenance benefits
- Costs of vocational program
- State-specific additional benefits
Right to reinstatement/rehiring in some states (state specific)
Death and survivor benefits
- Burial benefits
- Who is entitled to benefits?
- How are benefits calculated?
- How long are benefits paid?
Apportionment Of Disability Due To Pre-Existing Condition Or Prior Injury
- Employer credits for prior WC claims
- Pre-existing condition and WC value
Recommended HR Policies & Documents
- Accident reporting policy
- Accident report forms
- Accident investigation procedure
- Modified duty policy
- Three-day no call/no show policy
- WC leave counted under FMLA entitlement
- Safety Program
- Written job descriptions
- Effective hiring screening
Designing & Communicating Prevention Programs
- The role of management
- Assess current safety performance
- Assess safety needs
- Workplace violence and safety
- Designate safety team
- Develop safety rules
- Train employees and supervisors
- Enforce safety rules
- On-going evaluation of safety program
- Recommended metrics
- Do safety incentives make sense for your organization?
DAY TWO
- Investigating A Workers' Compensation Claim
- Necessary steps to investigation process
- Designated reporting personnel
- Choosing an investigator
- Securing the scene
- Accident report forms
- Gathering evidence
- Documents
- Photos/videos
- Witness list
- Witness interviews
- Determining if any third parties may be liable
- Reporting work accidents to the insurer/administrator
- The difference between a WC accident investigation and a "root-cause" investigation
Managing Workers' Compensation Claims
- Working with claims adjusters/TPA's
- Company involvement & contact with claimant
- Required communication
- Best practices for ongoing communication
- Nurse case managers
- Independent Medical Exams (IMEs)
- Choosing the right doctor
- Providing the IME with the right information
- Asking the right questions of the IME doctor
- How to strategically use IME reports
- Utilization Review
- Surveillance
- Managing defense counsel
- Choosing which claims to litigate
- Pro se settlements as a claim handling strategy
- Defending claims for chronic pain syndromes
- Defending total permanent disability claims
- Defending loss of earning capacity/income claims
- Interactive Exercise: Working With Claims Forms
Getting An Injured Worker Back To Work
- Designing a good modified duty program
- Begin planning as soon as possible after accident
- Duty to accommodate under the ADA
- Charity organizations as source of modified duty
How Claims Are Adjudicated
- Enforcement
- How the "system" works
- Statute of limitations
- Required filings/reports
- Deadlines for accepting or denying claims
- Re-opening rights of the worker
- Types of settlements
- Appeal process
- Why employer participation is important at trial
Protecting Your Denials From Penalty Awards
- Workers' Compensation Penalties in your State
- Required proof to contest claims
- Payment deadlines
Medicare Set-Asides
- Employer obligations under Medicare Secondary Payer Laws
- Claims requiring CMS approval
- Settlement options involving Medicare
Discipline/Termination Of A Workers' Compensation Claimant
- Legal pitfalls
- Practical considerations
- Necessary steps
- Required documentation
Recordkeeping
- State-required reporting of work accidents
- OSHA overlap: Rules for location, retention, and maintenance of records
- Filing requirements
- Necessary internal documentation
- Document retention requirements
Overlap With Other Laws
- Necessary definitions for properly categorizing injuries
- Using your Workers' Compensation program to decrease OSHA reportables
Workshop/Interactive Problems
Depending upon the class needs, your Instructor will cover some of the following Interactive Exercises:
- Whether a reported injury is an "accident" under WC
- The overlap of WC with FMLA and ADA
- Managing large value and/or complicated claims
- Return to work issues
- Filling out forms
- Sample investigation of a traumatic accident
- Sample investigation of alleged repetitive trauma claim
- Record retention/documentation/paperwork
Comments
Additionally Included Materials
You also receive anytime access to multiple webinars from industry experts on key Workers’ Comp topics. Either use them right away as a training session or later as a reference tool. Titles include:
Tips For A One-Person Safety Department
How To Write A Safety Plan
3 Costly Mistakes To Avoid In Safety Training
Best Practices For Managing Your Workers' Comp Claims
31 Practical Tips That Strengthen Your Workers' Comp Program - And Your Bottom Line
Basics Of OSHA Recordkeeping
How To Avoid OSHA Recordkeeping Mistakes
9 Steps To Hazard Analysis Made Easy
How To Use And Understand Safety Metrics
Contractors And Subcontractors: A Comprehensive Approach To Managing Their Safety
Innovative Strategies For Improving Safety Committee Effectiveness
Obviously...you get a lot of bang for your training dollars. So don’t wait; order today!
PHR / SPHR Re-Certification Credits!
This program has been approved for 21 re-certification credit hours through the HR Certification Institute.