It is that time of the year when you will be receiving sales calls informing you that there have been important changes on the State and Federal Labor Law posters.

We are aware of those changes and are in the process of compiling these updates ~ please expect your new 2016 updated labor law posters to arrive at the end of December.

By Donna Motley, Vice President of Claims

If you have ever been involved in litigation, you are aware that the legal process moves at a snail’s pace. Workers’ Compensation litigation is no different. The average litigated case takes approximately 2 years to resolve; that’s resolution without trial. If the case goes to trial, it would be even longer than 2 years. The Workers’ Compensation Agency has now put rules in place in hopes of expediting the process to “18 months”. As an employer, it is understandable how frustrating this can be – we feel your pain! Let me explain what happened on a recent case.

The “alleged” injury “allegedly” occurred on March 25, 2013. After a verbal altercation with a co-worker, the 52 year old employee walked off the job. The employee went to an emergency room the next day and returned to work on March 28, 2013 and proceeded to walk off the job again. The employer informed the employee to report to work on April 1, 2013 if they still wanted their job. Instead, the employee returned to the emergency room on March 31, 2013 and called the employer on April 1, 2013 to advise of the alleged work injury (first notice of claim).

The Claims Department was notified of the incident on April 11, 2013 – 17 days after the date of injury. The insured advised they wanted us to “take a hard line on this” claim. The employee alleged a back injury after lifting a box; names of witnesses were provided. Three witnesses were contacted, and no one knew anything about any type of injury the claimant may have sustained. Medical records were requested from the treating physicians.

(more…)

By Donna Motley, Vice President of Claims

Workers’ Compensation insurance coverage is mandated in the State of Michigan. Even so, Workers’ Compensation is a “benefit” to the employee (and the employer). Employees are “entitled” to medical care and compensation should they have an injury while in the course of employment. But that does not allow the injured worker to have an “entitlement attitude”. Workers’ Compensation is not a “social program”. Benefits are governed by laws that were enacted over 100 years ago. Those laws have been periodically modified to change with the times. When you talk about laws, you are talking about attorneys – hence the modifications! Our success in the Workers’ Compensation courts is strongly influenced by the current political arena in our State at that time.

Employers know the part they play in the process: safety programs, safety training, drug screening, employment physicals, prompt reporting of injuries, accident investigations (and preventions).

(more…)

By Travis Halsted, Loss Control Consultant

As companies strive to reach customer deadlines, growing production numbers, and do so with the smallest amount of overhead, it is understandable that some of the new ergonomic tools and resources have gone unutilized. While understandable, it is essential to understand how not having those tools in place not only affect your employees in a negative manner, but could also have a large impact on your daily operations.

Upon a review of MTMIC’s current loss run, it shows that of the top 50 lost time injuries, strains account for 46% of them (23 of 50). When looking at the same top 50 lost time injuries, strains accounted for 38% of the total dollars spent on those injuries. That is a sum of $8.6 million dollars. Of the 23 strain injuries, 39% are from the lower back (9 of 23). The sum of those 9 lower back injuries accounts for 50% of the total dollars spent on strains within that top 50 lost time injuries list. That is a staggering 4.0 million dollars spent on just 9 lower back claims.

(more…)

By Donna Motley, Vice President of Claims

I recently attended a conference where one of the speakers was John Flood, D.O. from Michigan Orthopedic Center in Lansing, Michigan. Dr. Flood is a physician we have utilized for Independent Medical Evaluations in the past. Dr. Flood presented some interesting facts concerning low back pain.

One fact is that 80% of the population will experience low back pain during their lifetime. Of that 80%, 15% will experience the pain for 2 weeks or more. Interestingly enough, experiencing low back pain “decreases” after age 65. The annual incidence of back pain has been unchanged over the past 30 years.

The good news is that 85% of this population will improve at 6 weeks; 90% improve at 12 weeks; 10% will have ongoing pain. However, the recurrence rate at one year is 25-80%. Permanent work disability affects about 5% of those treating for low back pain.

(more…)

By Travis Halsted, Loss Control Consultant

Accident investigation and analysis is a means used to prevent accidents. As such, the investigation or analysis must produce information leading to corrective actions to prevent or reduce the number of accidents in the workplace. In 2014 the state of Michigan had 37 workplace fatalities. The investigations from these events are essential as they provide the possible root cause of the accident as well as assist in developing long term remedies. Injuries result in loss of productivity and efficiency, increased workloads on supervisors and co-workers, possible damaged equipment costs, economic hardship to the injured workers’ family, and a cost of the time spent on the accident investigation, return to work programs, and workers’ compensation claims management. By conducting accident investigations a company could possibly implement a remedy that could prevent future occurrences.

(more…)

By Donna Motley, Vice President of Claims

We are all aware of how and where potential “serious” injuries can occur in the workplace and hopefully actions are taken to avoid those situations. Things like weight limits on lifting, guarding on machinery, wearing safety glasses and other personal protection equipment. But what about those seemingly innocent actions and movements, that are almost second nature to a person? The following are actual claims handled by our office.

An employee stopped to get the mail and slipped on black ice and snow resulting in an ankle fracture in three places and a shattered heel. Surgery was performed with plates and screws; and the employee remains disabled from work.

An employee jumped off the bed of a truck resulting in a heel and foot fracture. The employee has been referred to a specialist to see if surgery is necessary. The foot fracture was not noticed on the initial diagnostic testing. The employee remains disabled from work.

(more…)

By Donna Motley, Director of Claims

Medical expenses always seem to be on the rise. The Workers’ Compensation weekly benefit (the amount paid to the injured worker) usually increases annually even though it is based on the State Average Weekly Wage. Workers’ Compensation coverage is mandatory in the State of Michigan – part of the cost of doing business!

Once a Workers’ Compensation claim is turned in to our office, we take the reins and take control, attempting to minimize all the costs involved, the length of disability, and to assure a successful return of the injured worker to productivity. Everyone benefits. But, as an employer, there are things that you can do to help mitigate the expenses or costs on the claim.

Obviously, one of the most important things an employer can do, is report the claim As Soon As Possible! That way, we are controlling treatment (and costs) from the onset. As an employer, NEVER tell an injured worker to seek treatment with their primary care physician or a physician of their choosing. Any treatment outside the Occupational Clinic results in a delay in obtaining medical records that are required before authorization to treat can be rendered. If an employee is off work during this period – the cost of the claim has just increased significantly. If the injury is questionable and/or you are unsure of the direction that should be taken, PLEASE call our office for advice.

(more…)

By Chris Demeter, Senior Loss Control Consultant

OSHA has expanded the list of severe injuries & illnesses that employers must report and updated the list of industries who are partially exempt from routinely keeping OSHA records.

“OSHA will now receive crucial reports of fatalities and severe work-related injuries and illnesses that will significantly enhance the agency’s ability to target our resources to save lives and prevent further injury and illness. This new data will enable the agency to identify the workplaces where workers are at the greatest risk and target our compliance assistance and enforcement resources accordingly.”
— Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels

For workplaces under Federal OSHA jurisdiction

• Final rule becomes effective January 1, 2015 For workplaces in State Plan States (MIOSHA)
• States encouraged to implement new coverage provisions on January 1, 2015, or as soon after as possible.

The rule expands the list of severe work-related injuries and illnesses that all covered employers must report.

(more…)

By Donna Motley, Director of Claims

While scanning some publications, I came across an article that itemized “8 CHARACTERISTICS OF A SUCCESSFUL W/C PROGRAM”. The original source of the article was Zurich American Insurance Company. Below we have modified the article to explain these characteristics and include ways MTMIC can help you with your programs. The characteristics were listed as follows:

(more…)

By Travis Halsted, Loss Control Consultant

Each year, millions of workers suffer workplace lacerations that could be prevented. From the use of improper tools, moving material unsafely, and inadequate personal protective equipment, employees suffer a great deal of avoidable injuries.

Through a review of the lacerations within MTMIC’s loss run history, the issue of laceration injuries is very apparent. Since 2009, 2,091, or 25% of the total 8,536 injury claims reported have been lacerations. Of those 2,091 laceration claims, 1,508, or 72%, were reported to have taken place on the hand (fingers, thumbs) of the injured employee.

Monetarily speaking, lacerations account for $4,401,735, or 10%, of the total $42,654,333 spent on workplace injuries by MTMIC since 2009. This percentage is only surpassed by fractures (12%) and strains (46%). As the numbers point to the fact that lacerations are not only one of the most reported workplace injuries, but also one of the most costly, it is vital to identify some measures to reduce the likelihood of continued lacerations.

(more…)

By Ruth Kiefer, ARM Loss Control Manager

Just this year, safety professionals from all over the country were asked by EHS Today “In what area would you most like to see an improvement in your safety program?” Listed below are the top ten answers professionals gave to this question. I’ve added a loss control view after each identified issue.

(more…)

By Glenda Moyle
Premium Accounting Manager

Every year after the final audits are completed we have a few companies who have a significant audit balance due. As much as you hate paying these surprise audits we dislike collecting on them.

One way to avoid this would be to take a look at your estimated payrolls and compare it to your actual payrolls. You can find your estimated payrolls on your current declaration page broken down by class code.

If you find that your actual payrolls are above your estimated payrolls and you wish to revise them please contact me at glenda.moyle@mtmic.com/blog or you can call me at (800) 274-5606 X1315 with any questions you might have.

ByRuth Kiefer, ARM
Loss Control Manager

I’d like to take a moment to explain the reason why my staff and I take safety very seriously when we survey your facilities. Our time doing this job has taught us one thing, that when things go wrong, they are quick and unforgiving. During our safety walkthroughs of your facilities, we try to encourage you to address certain hazards, we may sound like broken records at times, and there is a clear and fateful reason why we do. Injuries and deaths occur all the time in our industry. It is real. We see it first hand, we investigate it, we analyze the data, and we crunch the numbers. It may be just a story that you read, a highlight on the nightly news, but these are real people, that could have been your own employee. Or perhaps have been one of your employees.

(more…)

By Travis Halstead, Loss Control Consultant

As the warmer months are quickly approaching, many of your facilities will be directly affected by the increasing temperatures. As you do not have the ability to close your facility for the summer, it is essential that we try to identify the symptoms of heat related illnesses and ways to prevent them. Through proper training and some other proactive steps, there will be a better chance of reducing the possibility of your employees being exposed to heat stress.

By employees being exposed to extreme heat they are more apt to heat stress. While workers that are 65 years of age or older are at a greater risk of having heat stress, other individuals that are overweight, have heart disease or high blood pressure, or take medications may also be easily affected by extreme heat.

(more…)

Experience Modifications have been used for decades as a method to adjust employer’s workers’ compensation premiums based on their own loss experience. Good experience would earn a credit experience modification, an experience modification below 1.00. Loss experience higher than anticipated in the rate results in an experience modification greater than 1.00. This is all old news. So what is new? Three inquires in the last 6 months from our policyholders about their experience modifications. That by itself is not usual. What was unusual is that all three had a significant panic in their call. In each case, the insured’s largest customer was letting them know that future work was being discontinued because their experience modification was above 1.00. (more…)

By Donna Motley, Director of Claims

Late reporting of employee injuries can be costly in multiple ways.

We received a claim on August 16, 2013 for a July 3, 2013 injury date – approximately 6 weeks after the injury allegedly occurred. The employee said they “bumped” their elbow on a part. The diagnosis was “post traumatic olecranon bursitis”. The employee did not lose time from work. The employee treated for the condition on July 3, 2013 (the day of injury), July 8, 11, 22, 29, and October 8, 2013 when they were discharged from care.

Notice there were five visits with the medical provider before we even received the injury report. Per the Workers’ Compensation Act, the W/C provider/insurance carrier exclusively directs all medical treatment for the first 28 days! In this particular case, we lost that opportunity. Could we have shortened the length of this claim and thereby the amount spent – very likely!

(more…)