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  • The Occupational Safety and Health Administration (OSHA) has recently increased its focus on medical mismanagement claims to establish violations of the general duty clause of the Occupational Safety and Health Act (OSH Act). All employers, particularly those with onsite medical professionals, must be vigilant in addressing these claims and taking proactive steps to protect themselves. Continue reading to explore essential information and strategies to effectively defend against OSHA’s medical mismanagement claims.

    Understanding The OSH Act And The General Duty Clause

    The primary objective of the OSH Act is to ensure that employers maintain a safe and healthy work environment, free from recognized hazards such as toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, and unsanitary conditions. The general duty clause empowers OSHA to address hazards for which no specific standards exist. Recent applications of the general duty clause by OSHA have included addressing issues related to the COVID-19 pandemic, heat-related illnesses, and workplace violence.

    While medical mismanagement claims are relatively rare, experts anticipate that OSHA will increasingly rely on them to address ergonomics and repetitive motion injuries in the workplace. Repetitive motion injuries are temporary or permanent injuries to muscles, nerves, ligaments, and tendons caused by performing the same motion over and over. The growing interest in ergonomics primarily applies to industries such as warehouses, poultry processing, and similar work environments.

    Defining Medical Mismanagement 

    To grasp the implications for employers, it’s essential to understand what medical mismanagement entails. This concept involves allegations that employers have inappropriately delayed the evaluation, care, or treatment of injured workers. This is beyond what OSHA considers acceptable standards by a medical provider outside an onsite medical clinic or representative.

    Medical mismanagement can encompass many mistakes, errors, and omissions that occur during diagnosis, treatment, surgery, or overall patient care. Moreover, it may involve prematurely returning injured workers to their regular job duties.

    Common Ways Medical Treatment Delays Occur

    Employers often inadvertently contribute to medical treatment delays for employees injured on the job. Common factors leading to delays include: 

    • Failure to promptly prepare a written notice of the accident
    • Neglecting to document health problems as work-related 
    • Inadequate communication with the insurance company 

    OSHA has identified several specific areas of medical mismanagement concerns that employers should be aware of. These include: 

    • Insufficient opportunities provided for employees to become conditioned to their job
    • Inadequate information provided to occupational health professionals (OHPs)
    • Incomplete medical records
    • Lack of follow-up by OHPs with employees who have returned to work
    • Inappropriate job accommodations for workers returning from medically directed time off
    • Inappropriately conservative treatment approaches
    • Lack of precision in medical protocols 

    Steps Business Owners Should Take To Prevent OSHA Medical Mismanagement Claims 

    Implementing effective defense strategies is crucial for business owners to prevent OSHA medical mismanagement claims and protect their businesses. First and foremost, ensuring compliance with OSHA standards is paramount. By regularly reviewing and updating safety policies, procedures, and training programs, companies can demonstrate their commitment to maintaining a safe work environment.

    Robust documentation of workplace injuries and medical treatments is also essential, providing evidence of timely and appropriate care. Establishing an efficient system for injury reporting and investigation allows for prompt identification and resolution of potential issues. In addition, maintaining well-managed onsite medical professionals who follow established protocols and provide comprehensive care further strengthens the defense against medical mismanagement claims. By proactively implementing these defense strategies, business owners can mitigate the risk of OSHA investigations and protect their employees.

    Stephen Barr, GMS’ Safety Coordinator II, added, “It’s important that an injured employee is provided with timely and appropriate treatment to prevent further injuring themselves. Failure to make timely medical referrals for workplace injuries can result in substantial fines from OSHA. Employees must ensure that they have appropriate procedures in place for employees to promptly report workplace injuries.”

    Don’t Manage This On Your Own

    Running a business involves countless responsibilities and demands, leaving little time to single-handedly manage OSHA compliance and fend off potential risks. Fortunately, there are solutions tailored specifically to support business owners like you. Have you discovered the benefits of a professional employer organization (PEO)? Look no further, as Group Management Services (GMS) stands ready as a certified PEO (CPEO) to alleviate the administrative burdens associated with your business operations.

    More importantly, our safety experts can effectively address OSHA medical mismanagement claims. We offer expertise, guidance, and support in navigating complex OSHA regulations and developing robust safety programs. Through our strategic partnership, businesses can strengthen their defense strategies, ensure compliance with OSHA standards, and mitigate the risk of medical mismanagement claims. There’s no need for you to be worrying about this anymore. Get a quote from us today.

  • Wekiva Springs Hospital, a prominent behavioral health and substance disorder facility in Florida, recently found itself under the spotlight due to alarming reports of workplace violence. The U.S. Occupational Safety and Health Administration (OSHA) shed light on a distressing investigation that revealed a staggering 182 alleged incidents of workplace violence in 2022 alone, with a striking 70% requiring the involvement of the police. These heart-wrenching incidents not only resulted in hospital workers enduring severe injuries, such as broken bones and concussions, but also showcased the urgent need for fortified measures to protect employees in the face of unpredictable dangers.

    As one incident unfolded, a patient repeatedly assaulted an employee, relentlessly smashing their head into an air conditioning unit. In response to these concerning findings, OSHA cited Wekiva Springs Hospital for a serious violation, accusing the facility of failing to provide a workplace free from safety hazards capable of causing physical harm or even death.

    The proposed fines of $15,625 sent a message that safeguarding employees from workplace violence is not a matter to be taken lightly, urging organizations to fortify their defenses and implement effective preventive measures.

    Wekiva Springs Center

    Wekiva Springs Center provides behavioral health and substance abuse treatment to adults and seniors in Jacksonville, Florida, and surrounding areas. Their continuum of care offers inpatient and outpatient programming to accommodate the severity of each patient’s condition. Every patient sees a primary therapist and attending physician regularly. Their approach to wellness is customized, holistic, and multidisciplinary.

    The Importance Of Workplace Violence Measures

    In today’s ever-evolving professional landscape, ensuring the safety and well-being of employees has become an utmost priority for organizations. Among the numerous concerns that demand attention, workplace violence is a critical issue that cannot be overlooked. There are approximately 396,00 assaults that occur in workplaces across the country every year.

    The significance of implementing robust workplace prevention measures cannot be overstated. Beyond preserving physical safety, these measures safeguard the essence of a thriving work environment – a place where individuals can excel, collaborate, and innovate without fear. By proactively addressing and mitigating potential risks, organizations protect themselves from harm and foster a culture of trust, productivity, and unity.

    A workplace that prioritizes violence prevention not only attracts and retains top talent but also creates a resilient foundation for long-term success. By recognizing the importance of these measures, you take the crucial step toward building a workplace where everyone can thrive, grow, and flourish.

    Workplace Violence Prevention + GMS = Thriving Work Environment 

    The challenges of running a successful business can often be overwhelming for small business owners. However, when it comes to preventing workplace violence, partnering with a professional employer organization (PEO) might be your best solution. At GMS, we bring our expertise and resources to the table, empowering business owners to take proactive measures that ensure the safety and security of their employees. We help you develop comprehensive policies and procedures tailored to your unique needs. From conducting risk assessments to implementing effective training programs, we equip owners with the tools to identify and address potential threats.

    By leveraging the strategic support of a PEO, small business owners can navigate the complex landscape of workplace violence prevention with confidence, creating an environment where employees can thrive and feel safe. With GMS by your side, you can prioritize the well-being of your workforce while focusing on what you do best – building a successful business. Contact our experts today to learn how you can get started.

  • JZ Exteriors and Repairs LLC, a roofing contractor in Illinois, recently received citations from the U.S. Occupational Safety and Health Administration (OSHA). The company received the citation because it failed to protect its workers from falling hazards. In addition to this citation, the company already had existing unpaid penalties of $31,163 for workplace safety violations.

    Diving Deeper Into The Citations

    OSHA inspectors identified the following issues:

    Lack of fall protection and training

    During their inspection, OSHA inspectors observed six roofers removing asphalt shingles from a commercial building at heights of up to 12 feet without any fall protection measures in place. The company failed to provide proper training in using fall protection equipment.

    Absence of accident prevention programs 

    JZ Exteriors and Repairs LLC did not have an accident prevention program in place, which is essential for ensuring workplace safety.

    Inadequate hazard inspections

    The company lacked a competent individual responsible for inspecting worksites for potential hazards, which is crucial for identifying and addressing safety risks. 

    In addition to these issues, the company also failed to use ladders properly, de-energize circuits, thereby exposing workers to electrical hazards, and did not have a fire extinguisher readily available for emergencies. 

    As a result of these violations, OSHA cited JZ Exteriors and Repairs LLC for five repeats, four serious, and one other-than-serious violation. The total penalties imposed amounted to $66,711. The company now has 15 business days to take the following actions:

    • Comply with the citations and penalties 
    • Request an informal conference with OSHA’s area director to discuss the findings
    • Contest the finding before the independent Occupational Safety and Health Review Commission 

    A Business Owner’s Worst Nightmare 

    Experiencing citations and hefty penalties from OSHA can be a business owner’s worst nightmare. The consequences not only include financial burdens but also reputational damage and potential harm to workers. However, there is a solution that can help prevent such nightmares from occurring within your business – partnering with a professional employer organization (PEO). A PEO like GMS specializes in managing various aspects of HR, including workplace safety compliance. You can ensure that you have a robust safety program in place, proper training for employees, and regular hazard inspections. 

    In addition, our safety experts provide guidance on OSHA regulations, helping business owners stay ahead of potential violations and maintain a safe working environment. Don’t let your business face the same fate as JZ Exteriors and Repairs LLC. Consider the proactive approach of partnering with GMS to protect your workers and your business from potential nightmares. Contact us today to learn more. 

  • Due to unidentified risks, 77% of companies faced operational mishaps within the last five years alone. Even with extensive safety measures and planning, accidents still happen, and unforeseen events could have catastrophic consequences for your employees and business. The source of a threat can come anywhere – from legal liabilities to accidents in the workplace and everything in between. That is why risk management is an essential component of any successful business strategy.

    By developing a robust risk management plan, you can mitigate these hazards and ensure you and your employees have appropriate training and are well-prepared to handle any unexpected challenges that may arise. As a small business owner, understanding the fundamentals of risk management is crucial to achieving your goals and keeping your employees safe.

    What Is Risk Management?

    Risk management involves identifying, assessing, and prioritizing potential risks that could negatively impact a company’s operations, reputation, or financial stability. It consists of evaluating the likelihood and impact of those risks and taking steps to mitigate or avoid them.

    In the United States, millions of workers suffer from serious job-related injuries every year, according to the Occupational Safety and Health Administration (OSHA), resulting in lost productivity, workers’ compensation claims, and increased insurance rates. Risk management is a proactive approach that works to prevent these types of accidents by identifying hazards and implementing strategies to minimize the likelihood of damage occurring and protect your employees.

    Understanding Workers’ Compensation 

    Workers’ compensation is a type of insurance that benefits employees who are injured or become ill due to their job. The goal of workers’ compensation is to ensure employees receive the medical care they need and receive compensation for lost wages.

    An employee must have been injured or become ill while on the job to be eligible for workers’ compensation benefits which include injuries that occur while traveling for work or attending a work-related event. Employees eligible for workers’ compensation benefits are entitled to receive benefits regardless of who was at fault for the injury. Additionally, you must report workplace injuries to your insurance carrier and provide the injured employee with the necessary paperwork to file a claim.

    Different types of workers’ compensation claims include medical care, lost wages, and disability benefits. Medical care benefits cover the cost of medical treatment related to the injury or illness. Lost wage benefits provide a portion of the employee’s regular wages while they cannot work due to the injury. Disability benefits provide ongoing financial support for employees who cannot return to work due to a permanent disability.
    Injuries covered by workers’ compensation can include everything from slips and falls to repetitive motion injuries. It’s essential that you have a clear understanding of the types of damages protected by workers’ compensation and ensure your employees are aware of their rights.

    While navigating the workers’ compensation claims process can be complex, there are practical steps employees can take to ensure they receive the benefits they are entitled to. These steps include reporting injuries promptly, seeking medical attention, and working with an experienced workers’ compensation organization. You should have a straightforward process in place for reporting workplace injuries and work closely with your insurance carrier to ensure that claims are processed efficiently.

    Workers’ Rights To A Safe Workplace

    Workplace safety is a critical issue that affects employees’ health, productivity, and overall well-being, and it’s your legal responsibility as their employer to comply with OSHA guidelines. Failure to comply with safety regulations can result in severe consequences, including fines, penalties, and legal action.

    The OSHA guidelines outline the minimum safety requirements that you must meet to ensure a safe working environment. These guidelines cover a range of issues, including hazard communication, personal protective equipment, machine guarding, and electrical safety. You must provide safety training and equipment to your employees and maintain records of workplace injuries and illnesses.

    Workers have the right to a safe working environment and can take steps to report safety violations in their workplace by filing a complaint with OSHA or their state’s workplace safety agency. Employees cannot be retaliated against for reporting safety violations.

    OSHA enforces these regulations through inspections and investigations of workplace safety violations. Employers found to be in violation of safety regulations can face significant fines and penalties. A serious violation can result in a fine of up to $15,625, while a willful violation can result in a fine of up to $156,259. In addition to financial penalties, employers may also face legal action and negative publicity for failing to provide a safe working environment.

    Violations include failure to provide proper safety equipment, inadequate training, and failure to maintain machinery and equipment. These violations can lead to severe injuries and even fatalities. For example, an employer who fails to provide proper fall protection equipment to employees working at heights can face serious consequences if an employee falls and suffers a fatal injury.
    However, you can take practical steps to ensure you meet safety requirements and avoid fines. These steps include conducting regular safety audits, providing proper safety training and equipment, and maintaining accurate workplace injuries and illnesses records. You can also consult with workplace safety experts to stay up-to-date on the latest safety regulations and best practices.

    Workplace Safety Strategies 

    There are a variety of workplace risks that can threaten your employees, including falls, chemical exposure, and electrical hazards. Failing to take the appropriate precautions can turn the workplace into a dangerous threat for your employees and a potentially devastating financial expense.

    Workplace safety involves identifying potential hazards in the area of operation and implementing measures to prevent accidents and injuries. Safety audits must occur regularly to find the best strategies to mitigate risks. This can include:

    • Providing employees with personal protective equipment (PPE)
    • Employee safety training on equipment and emergency drills
    • Implementing safety protocols for working with high-risk materials
    • Developing a comprehensive risk management plan that outlines potential risks and mitigation strategies
    • Working closely with insurance carriers to ensure that claims are processed efficiently

    Ensuring a safe work environment is an ongoing process that requires high levels of attention to protect your employees and minimize the financial impact of workplace incidents.

    Ongoing Risk Management

    Unfortunately, risk management is not a “one and done” type of process but requires continuous monitoring and revisions to your plan. It’s critical that you consistently reevaluate risks; proactive and preventive measures will benefit your business in the long term through:

    Identifying new risks: Business environments are constantly changing, and unknown challenges can emerge at any time. Ongoing monitoring and reviewing risks can help you identify new threats as they arise, allowing you to take proactive steps to mitigate them.

    Ensuring compliance: Laws and regulations related to risk management can change over time. Continued monitoring and reviewing of risks can help you ensure that you comply with any new laws or regulations pertaining to risk management, preventing legal issues and financial penalties.

    Improving decision-making: Ongoing risk monitoring and reviewing can provide you with valuable data and insights that can inform decision-making. This can help you make more informed decisions related to risk management, such as whether to invest in additional risk reduction measures or transfer risks to another party.

    Protecting the business’s reputation: Constant monitoring and reviewing risks can help you identify potential reputational risks before they become significant. You can take proactive steps to protect your reputation and maintain the trust of your customers and stakeholders.

    Minimizing financial losses: Effective risk management can help you reduce the economic impact of potential risks. For example, insurance coverage can help mitigate the financial impact of a natural disaster or other unexpected event.

    Enhancing stakeholder confidence: A risk management plan can enhance stakeholder confidence in your business by demonstrating you’re taking proactive steps to manage potential risks.

    Your Risk Management Plan

    Effective risk management means controlling future outcomes by acting proactively rather than reactively. Ultimately, by understanding the basics of risk management and implementing effective strategies, you can protect your business against potential risks and ensure its long-term success.

    The comprehensive process of risk planning combined with the ongoing need to monitor new and evolving risks is no easy task, especially when you’re already responsible for running the business itself. But you don’t need to do it alone; let us help you!

    Our extensive risk management services and experienced analysts help you stay ahead of risks associated with everything from workers’ compensation to workplace hazards. We build you a strategic risk management plan customized to your business. Additionally, we offer onsite consulting, job site inspections, training services, and OSHA inspection assistance so you no longer have to worry about potentially devastating accidents burdening your business. To find out which services will best benefit you and your business, contact us today!

  • As a small business owner in Ohio, you understand the importance of a well-functioning workforce for the success of your business. Your employees are the backbone of your business operations, ensuring your daily tasks run smoothly and the overall growth of your business. Running a small business comes with numerous responsibilities, one being properly navigating workers’ compensation. Though insurance programs aim to protect employees in case of work-related injuries or illnesses, what if there was an invisible threat within your business, silently draining your resources and jeopardizing your hard-earned success? If you’re unfamiliar, an alarming issue plagues businesses, especially in Ohio – workers’ compensation fraud.

    Detecting warning signs of workers’ compensation fraud is crucial for small business owners in Ohio to safeguard their interests and maintain a fair and safe work environment. Continue reading to explore critical indicators that can help you identify potential fraud.

    What Is Workers’ Compensation Fraud? 

    Let’s start with the basics – what is workers’ compensation fraud? Workers’ compensation fraud occurs when someone willfully makes a false statement or conceals information to receive workers’ compensation benefits or prevents an individual from receiving benefits to which they might be entitled. It’s more than just an employee exaggerating their medical condition or working while supposedly disabled. While these things occur within the workplace, employers are committing fraud by underreporting their payrolls to receive lower premiums, and health care providers are billing for services they’ve never performed. This can take various forms, ranging from exaggerated claims to staged accidents, ultimately leaving businesses burdened with inflated insurance premiums, legal situations, and a compromised work environment.

    However, states have different criteria for workers’ compensation fraud. Specifically in Ohio, an injured employee who does one of the following is considered to have committed fraud:

    • Receive workers’ compensation benefits the employee is not entitled to get
    • Enters into an argument for conspiracy to defraud the state Bureau of Worker’s Compensation or a self-insuring employer by making false claims for disability benefits
    • Makes false or misleading statements with the purpose of securing goods and services under the workers’ compensation act
    • Alters, falsifies, destroys, conceals, or removes documents necessary to establish the validity of a claim or needed to establish the nature of goods and services for which reimbursement is requested

    According to the Ohio Bureau of Workers’ Compensation, in Ohio alone, an estimated $80 to $320 million in fraudulent medical and compensation payments are made each year.

    Detecting Warning Signs Of Fraud

    According to the National Insurance Crime Bureau, one in 10 small business owners fears employees will fake an injury, and one in five owners do not know how to identify workers’ compensation scams. Understanding the warning signs to prevent these concerns and protect your business is critical. Let’s dive into these warning signs.

    Delayed reporting:

    If an employee consistently delays reporting an injury or accident, it could be a red flag. Fraudulent individuals may wait to report the incident to avoid scrutiny or make it seem like the injury occurred at work when it didn’t.

    Inconsistent descriptions:

    Employees involved in fraud may provide inconsistent or vague descriptions of the accident or injury. They might struggle to recall specific details or change their story when questioned. Inconsistencies between their statements and witness accounts or medical reports should raise suspicion.

    Having no witnesses:

    Legitimate workplace accidents often have witnesses who can support the injured employee’s account. However, employees involved in fraud may avoid involving witnesses or claim that no one else was present when the incident occurred.

    Late claims:

    Fraudulent claims often occur on Monday mornings or are reported late on Fridays. This timing is strategic, as it allows fraudsters to make it seem like the injury happened at work, even if it occurred outside of working hours or over the weekend.

    Lack of cooperation:

    Employees engaged in fraudulent activities may lack cooperation during the investigation process. They may be evasive, unresponsive, or hesitant to provide additional information. Genuine claimants are usually cooperative and willing to assist in the investigation.

    Conflicting medical reports:

    When reviewing medical reports, pay attention to any inconsistencies or discrepancies between the reported injury and the employee’s statements. Fraudulent individuals may exaggerate symptoms or provide misleading information supporting fraudulent claims.

    History of suspicious claims:

    Keep track of employees with a history of suspicious or frequent workers’ compensation claims. If an employee repeatedly files claims for minor incidents or has a high number of claims compared to their peers, it could indicate potential fraud.

    Lifestyle inconsistencies:

    Be mindful of any lifestyle inconsistencies or activities contradicting the claimed injury’s severity. For instance, an employee with a severe back injury claiming complete disability but regularly engaging in physically demanding activities outside of work raises suspicion. “It’s important for employers to know who their employees are and participate in good hiring practices. Knowing what your employees do for extracurricular activities (sports, groups, personal circumstances, and more) can always help investigate a claim,” emphasized Dani Terry, GMS’ Workers’ Compensation Claims Specialist Manager.

    Remember, it’s crucial to approach these warning signs with care and conduct a thorough investigation before making any conclusions. If you suspect workers’ compensation fraud, consult legal professionals and work closely with your insurance provider to gather the necessary evidence.

    Combatting Workers’ Compensation Fraud With A PEO

    Being aware of these warning signs of workers’ compensation fraud is essential for small business owners in Ohio to protect their businesses and maintain a fair working environment. By diligently recognizing these red flags, you can proactively address potential fraud, safeguard your employees’ well-being, and maintain the integrity of your workers’ compensation program.

    However, navigating the complexities of workers’ compensation can be challenging for small businesses. Fortunately, a professional employer organization (PEO) like GMS can help! We provide small business owners with comprehensive HR solutions, including workers’ compensation administration, claims management, and fraud prevention strategies. Partnering with us allows business owners to tap into expert knowledge, gain access to resources, and ensure compliance with Ohio Workers’ compensation regulations. You can finally focus on growing your business while having peace of mind knowing that your workers’ compensation program is effectively managed and protected against fraud.

    Dani added, “At GMS, we take the concerns from our employers very seriously regarding employees’ potentially filing a fraudulent workers’ compensation claim. Some of the immediate red flags that are common when dealing with a potential fraudulent case include the following:

    • Unwillingness to cooperate with employers and/or answer questions related to the circumstances surrounding the injury
    • Doctor shopping when they are released to return to work
    • Copycat claims
    • Filing a claim after paid time off (PTO) is denied
    • Alleged injury occurred right after clocking in on Monday morning

    If you ever feel that a situation is not right, do not be afraid to speak up. When you partner with GMS, you have a designated claims specialist that is there to help you.”

    GMS experts are here to protect your business. Contact us today to learn more!

  • New York lawmakers have introduced a new bill, S.B. 5081, to strengthen safety measures for warehouse workers. This bill builds upon the existing Warehouse Worker Protection Act (S.B. 8922) that was passed in December 2022. The new bill requires companies with workers engaged in manual materials handling tasks to develop an injury reduction plan to minimize the risk of musculoskeletal injuries and disorders such as tendonitis, arthritis, sprains, and strains.

    This plan includes hiring a certified ergonomist to evaluate the worksite and gather input from workers. An ergonomist is a professional who studies, designs, and evaluates human work systems with the goal of optimizing the performance and safety of those systems. The bill also includes protections against retaliation to protect any worker who reports any issues. Furthermore, employers must promptly address any risk factors that have caused or could potentially cause musculoskeletal injuries and disorders.

    Partner With Us!

    If this bill that requires safety initiatives for warehouse workers to pass, a professional employer organization (PEO) like GMS can assist small business owners in a variety of ways. Our experts help you navigate complex employment laws and regulations. We will help you understand the requirements of this bill and ensure compliance with its provisions, including developing and implementing the necessary safety initiatives and injury reduction plans.

    In addition, our safety experts can conduct comprehensive risk assessments of the workplace to identify potential hazards and areas of non-compliance and implement measures to mitigate them effectively. Ultimately, we’re here to provide ongoing HR support to small business owners. We help you stay updated on any changes to laws or regulations, provide guidance on best practices for maintaining a safe workplace, and assist with resolving any safety-related issues that may arise. Contact us today to learn how we can help your business thrive.

  • Workers’ compensation is a crucial aspect of the employment system that protects employees who are injured or have fallen ill while performing their job duties. It provides medical expenses, lost wages, and rehabilitation costs to employees who are injured or become ill at their job. It also pays death benefits to families of employees who are killed on the job. Each state mandates the coverage, and the wage and medical benefits vary by state.

    Unfortunately, many misconceptions about workers’ compensation can prevent workers from receiving the support they need. In this blog, we’ll discuss some of the most common misconceptions about workers’ compensation and how to avoid them.

    Misconception #1: Workers’ compensation is only for workplace injuries

    One of the most common misconceptions about workers’ compensation is that it only covers injuries that occur on the job site. In reality, workers’ compensation can cover various work-related injuries and illnesses, including those outside the workplace. For example, if an employee is injured while attending a work-related event or traveling for work, they may be eligible for workers’ compensation benefits.

    Misconception #2: Workers’ compensation is only for severe injuries 

    Another common misconception is that workers’ compensation is only for severe injuries that result in long-term disability or death. However, workers’ compensation can also cover minor injuries that require medical attention, such as sprains or strains. In fact, employees must report even minor injuries to their employer and seek medical attention, as these injuries can worsen over time and lead to more serious health problems.

    Misconception #3: You can’t receive workers’ compensation if the accident was your fault

    Some employees may hesitate to file a workers’ compensation claim if they believe the accident was their fault. However, workers’ compensation is a no-fault system, meaning employees can receive benefits regardless of who caused the accident. As long as the injury occurred while the employee performed work-related duties, they may be eligible for workers’ compensation benefits.

    Misconception #4: Workers’ compensation is too difficult to navigate

    Navigating the workers’ compensation system can seem overwhelming; however, resources are available to help employees understand their rights and file a claim. Employees must familiarize themselves with their company’s workers’ compensation policies and procedures and seek help if needed.

    Have You Considered Utilizing A PEO? 

    At GMS, we understand how challenging workers’ compensation can be while you’re trying to grow your business. Since we’re a professional employer organization (PEO), we provide small businesses with the peace of mind they need when it comes to workers’ compensation. By partnering with us, small business owners can avoid common workers’ compensation pitfalls and protect their businesses from the financial and legal repercussions of workplace injuries. You can now focus on running and growing your business, knowing you have the expertise and resources to manage your workers’ compensation needs. Don’t let these misconceptions about workers’ compensation hold your business back – partner with GMS today and take the first step toward a simpler, safer, and strong business.

  • Workplace safety oversights can be expensive mistakes for employers. When an injury occurs, and a claim is made, the Bureau of Workers’ Compensation (BWC) will come down hard on an offending business if they determine it’s at fault. Depending on the situation, employers may also find themselves dealing with a Violation of a Specific Safety Requirement (VSSR), another violation that can lead to additional penalties.

    As a business owner, you know the importance of the safety of your workers. By understanding the implications of a VSSR, you can ensure a safe workplace for your employees and prevent costly violation fees. The following information pertains specifically to Ohio’s BWC, and you should refer to your state’s regulations when handling a VSSR claim.

    What Exactly Is A VSSR? 

    A VSSR is the most serious violation that can be issued by the BWC. It’s issued when an employer has been cited for disobeying one or more specific safety requirements defined by the Ohio Administrative Code (OAC) that led to a workplace accident. The list of safety requirements is outlined in the OAC and helps determine the validity of the claim. Neglected safety specifications could include the failure to:

    • Replace damaged or outdated equipment 
    • Update workplace fixtures
    • Provide the appropriate safety gear
    • Implement standard protective barriers such as rails or guarding 

    According to the BWC, “the Ohio Revised Code (ORC) states it is the responsibility of every employer in Ohio to provide a safe workplace and adhere to all safety rules.” If you fail to adhere to one of the listed safety requirements and an employee is seriously or fatally injured, you could be hit with a VSSR. The existence of this VSSR could mean that the injured employee would be eligible for additional compensation through their BWC claim.

    How Does The BWC Determine If A VSSR Occurred? 

    There are a few requirements that must be met before the BWC determines that an injury was the result of a VSSR. First, the claim must be filed within two years from when the occupational injury, disease, or death occurred.

    To file a claim, the injured worker or an injured worker’s dependent, when there has been a worker fatality, must submit Form IC-8/9 with the specific code sections that allegedly have been violated to the Industrial Commission of Ohio (IC). The employee must also have a workers’ compensation claim for the same injury. All involved parties will receive proper notification of the VSSR application.

    At this point, you, the employer, have 30 days to file your response. Additionally, the Safety Violations Investigation Unit (SVIU) begins acquiring information from both parties.

    In order to collect a compensatory award, the injured worker must prove the following:

    • That the safety requirement(s) was both specific and applicable to the employer
    • That the employer what not in compliance with the safety requirement(s) when the accident occurred
    • That the non-compliance with the requirement(s) directly contributed to the injury, disease, or death

    Once an impartial investigator is assigned to the case, they will begin to gather pertinent information, including OSHA records, equipment purchase dates, manufacturer, model, and serial numbers, witnesses, and accident descriptions. The investigation will also inspect the injury site, equipment, and conduct interviews. It’s recommended that both you and your legal counsel be present during the on-site visit.

    When all the facts have been gathered, the investigator will file a report with their findings in the BWC claim before the IC has a hearing on the matter. A pre-conference hearing occurs with the opportunity to settle the issue. Otherwise, a hearing will determine the merit of the claim.

    Defending A VSSR Claim

    The burden of proving employer liability falls on the injured worker, and they must prove the points previously listed. You can defend your business by simultaneously proving whether or not the safety provision cited in the VSSR is applicable to your business or industry. If facing a VSSR, you should prepare for the investigation by assembling critical documents such as maintenance and training records. Additionally, it’s recommended that you immediately contact legal counsel to defend or settle the issue at hand.

    Keep in mind that the ORC does not place all the responsibility of safety on the employer. Workers are also expected to properly use the safety equipment provided by the employer. For example, if you provided the appropriate protective equipment, such as work gloves, harnesses, or safety goggles, and your employee failed to use them, then due to their negligence, the BWC may not find you at fault for the injury.

    What Are The Penalties Associated With A VSSR?

    If the IC decides that an employer is at fault for a VSSR, it’s going to cost that company quite a bit. The IC will grant the injured worker an additional monetary award, which the BWC states can range anywhere “from 15 to 50 percent of the maximum allowable weekly compensation rate granted to the injured worker.” The percentage awarded goes directly to the injured employee or their dependents. Multiple VSSRs can also become a costly problem. If a company has been charged with two or more VSSRs within a 24-month period, the IC can impose an additional penalty of up to $50,000.

    Do VSSRs Affect Workers’ Compensation? 

    A VSSR claim is not a bar to receiving workers’ compensation benefits; it’s an additional award paid to the injured employee. Not only did an injury occur, but your specific violation of safety requirements led to their personal harm. However, even if the VSSR claim is denied, medical and income benefits are unaffected.

    What Can My Business Do About VSSRs? 

    The easiest and most important way to avoid VSSRs is to crack down on any potential violations and ensure you’re adhering to safety requirements to create a safer working environment for you and your employees.

    One of the best ways to prevent violations is by implementing a strong safety training program for all employees. They should have appropriate instructions for all equipment and procedures, including:

    • How to operate machines safely
    • How to use personal protective equipment (PPE)
    • What hazards exist in the workplace
    • How to recognize hazards and how they can be controlled or eliminated through engineering controls and administrative controls 

    In addition to training, you must provide the appropriate PPE for the tasks of your employees. Think – eyewear when operating machinery or driving vehicles; hard hats when working near exposed electrical wires; gloves when handling chemicals or sharp objects; earplugs if there’s loud noise from nearby machinery or vehicles outside your facility.

    Risk Management In The Workplace

    It’s important to remember that safety training isn’t reserved solely for onboarding new employees, it should be consistently reviewed with all employees to ensure safety compliance.

    Of course, this is easier said than done, especially if you’re not an expert on risk management and don’t have the time to become one. A professional employer organization (PEO) can provide your business with expert risk management services and strategies that can help you create a safer workplace and limit your risk for workers’ compensation claims.

    At GMS, we take a proactive approach to workplace safety by working closely with you to build a comprehensive risk management plan, including onsite consulting, job hazard analysis, training services, and OSHA inspection assistance. Contact us today to talk to one of our experts about how we can help you make your business a safer place.

  • The California Division of Occupational Safety and Health Standards Board (Cal/OSHA) published an official draft of an indoor health illness prevention standard. While heat illness regulations are already applicable to outdoor workers, this new regulation strictly applies to employees working indoors when the temperature reaches at least 82 degrees.

    Understanding The Proposed Regulation 

    Under this draft version, business owners must have written heat illness prevention plans. The plan would be necessary to include the following:

    • Access to water
    • Cool-down spots
    • Acclimatization for newly assigned workers
    • Emergency response procedures 
    • Control measures to minimize the risk of heat illness

    Heat illness is a severe medical condition resulting from the body’s inability to cope with a particular heat load, including heat cramps, exhaustion, and heat strokes. There are 67,512 emergency department visits yearly due to heat in the U.S. In addition, 702 heat-related deaths occur each year. What will you do to protect your workers?

    Nick Clark, GMS’ Safety Manager, emphasized, “As a business owner in California, it’s essential to prioritize indoor heat illness prevention in the workplace. With temperatures rising across the state, you must take extra precautions to ensure your employees’ safety and well-being. Heat-related illnesses such as heat exhaustion and heat stroke can be severe and, in some cases, even fatal. To prevent these illnesses, you should provide cool and shaded areas for workers to take frequent breaks and access to plenty of water. You should also schedule physically demanding work during the cooler parts of the day and provide appropriate protective clothing. By implementing heat illness prevention measures, employers can protect their employees and improve productivity, reducing the risk of heat-related accidents.”

    This proposed indoor heat illness regulation is currently in the 45-day comment period, and the Cal/OSHA Standards Board will hold a public hearing on the proposed regulation on May 18th, 2023.

    Partner With GMS

    While we wait to hear if this will become a law in California, consider partnering with GMS to ensure the safety of your workers. We work with thousands of businesses and help them comply with all regulations and laws. When you partner with us, we update your employee handbook to reflect the necessary changes. In addition, our team of safety experts will come out to examine your facility to ensure you have complied with the law. Whether you need help creating cool-down spots for your employees or writing a proper emergency response procedure, we do it all. Contact us today.

  • The Illinois Supreme Court issued an opinion on Walton v. Roosevelt University on March 23rd, 2023. This affirms the validity of a vital preemption defense for employers facing litigation under the Illinois Biometric Information Privacy Act (BIPA). Before we hear the decision of the Illinois Supreme Court, let’s understand the history of this case and what BIPA means.

    Understanding BIPA

    The Illinois legislature unanimously passed BIPA in 2008. This law ensures that individuals are in control of their own biometric data and prohibits private companies from collecting it unless they do the following:

    • Inform the person in writing of what data is being collected or stored
    • Inform the person in writing of the specific purpose and length of time in which the data will be collected, stored, and used
    • Obtain the individual’s written consent 

    Biometric data is data based on an individual’s biometric identifiers that are used to identify an individual. It can include a retina or iris scan, fingerprints, voice print, hand scan, and face geometry. BIPA has become the most litigated biometric privacy statute in the nation. It establishes standards for how businesses must handle Illinois consumers’ biometric information. The main goal of this law is to create a standard of conduct for private entities to collect or possess biometric information responsibly.

    Walton V. Roosevelt University Case

    This case is about an employee at Roosevelt University who brought a class action claiming the University violated various provisions of BIPA by using a biometric time-clock system. This system was used to scan his fingerprints without obtaining his informed written consent. The University then disclosed his biometric information to a third-party payroll services provider without his consent. The employee sued the University, alleging that they violated BIPA by doing the following:

    • Failing to develop a written policy made available to the public, establishing a retention policy, and guidelines for destroying biometric data 
    • Collecting his biometric data without providing him with the requisite notice and obtaining his written consent
    • Disclosing his biometric data without consent 

    However, an Illinois Appellate panel held that the Labor Management Relations Act (LMRA) prevents the employee from usurping the bargained-for dispute resolution requirements in the collective bargaining agreement by first suing the University directly in court. The University moved to dismiss the case because LMRA pre-empted the plaintiff’s claims.

    What The Illinois Supreme Court Decided

    The court affirmed the appellate court’s holding that Illinois’ BIPA is pre-empted by federal labor law for plaintiffs who are members of a bargaining unit and covered by a collective bargaining agreement. The court held that Illinois would follow Seventh Circuit precedent. In addition, the court found that the Seventh Circuit decisions governed the case and should be followed because they concern federal law and were reasonable.

    Ultimately, the Illinois Supreme Court ruled that the LMRA preempts BIPA claims brought by an employee of a bargaining unit if the employer cites the collective bargaining agreement’s management rights clause in response to the claim. The court deferred to the federal case law on this issue.

    What This Means For Business Owners

    While you may think this case does not directly impact your business, you may have thought wrong. Unionized employees are not prohibited from seeking redress for alleged BIPA violations. They must pursue these claims through the grievance procedures in their collective bargaining agreements instead of in state or federal court. In addition, business owners should be aware of their obligations under BIPA if they collect, use, or store biometric data from employees or customers.

    Business owners must consult legal counsel to understand the pre-emption issues that may arise in specific situations. Partnering with a professional employer organization (PEO) such as Group Management Services (GMS) provides you with the support you need. GMS experts help business owners comply with federal and state laws and regulations, including anti-discrimination and privacy laws. In addition, we can help employers manage their employment-related risks by providing employment practices liability insurance (EPLI) coverage. EPLI helps protect employers from the financial loss associated with claims of discrimination, harassment, retaliation, and other workplace-related claims. GMS ultimately helps business owners mitigate legal risks by providing up-to-date employment policies, procedures, and employee handbooks that are compliant with state and federal laws. Protect your business and contact us today.