Accident Classification and Workcomp

7/29/2019 Accident Classification and Workcomp

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Accident Classification

Records and Rates


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Williams-Steiger Act of 1970

Created OSHA

Requires most employers to maintainrecords of employee work-related injuriesand illnesses

Additionally, reports must be made to statecompensation authorities


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Two Injury Recording Systems

OSHA recordkeeping

employers with 11 or more employees

records must be kept for each individualestablishment

3 forms

OSHA No. 300 Log

OSHA No. 300A Summary OSHA No. 301 Supplemental record


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OSHA 300

Log of Work-Related Injuries and Illnesses

OSHA 300A Summary of Work-Related Injuries and

Illnesses

OSHA 301

Injury and Illness Incident Report


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OSHA Definitions

Recordable case must involve a death, injury, or illness to an

employee

must result from work must result in one of the following

medical treatment beyond first aid

loss of consciousness

restriction of work or motion transfer to another job


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Recordable cases

All occupational illnesses must berecorded

Injuries must meet previous criteria


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Recordable cases

Three categories Fatalities--all must be recorded regardless

of time between injury and death

Lost workday cases--results in either daysaway from work or days of restricted workactivity

Cases not resulting in death or lost

workdays


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OSHA Definitions

Work Relationship

To be work related, must meet one of thesecriteria

engaged in work activity

present as condition of employment

travel status and engaged in work or travel function


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OSHA Incidence Rates

Method of measurement which adjusts forcompany size and employee exposuretime

Based on exposure of 100 full-time (40 hr.)employees, working 50 weeks peryear=200,000 man-hours


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Incidence Rate

Equals

No. of recordable cases

X

200,000

______________________

Total man hours in period


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Severity Rate

Equals

No. of lost workdays

X

200,000

__________________

Total man hours in period


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Average Severity

Severity Rate divided by incidence rate

Provides average measure of the severityof all injuries


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Definition

Lost workdays--no. of days, consecutive ornot, beyond day of injury or onset ofillness, the employee was away from work

or limited to restricted work activity due tothe injury or illness.


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Counting Lost WorkdaysOSHA

Days away from work or of restricted workactivity does NOT include day of injury oronset of illness but does include normal

days off until the worker returns to his/herregular job.


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Workers Compensation

Characteristics of State Laws


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Compulsory vs. Elective Laws

Only Texas, N.J., and S.Carolina areelective

Compulsory laws require employers toaccept its provisions and provide forbenefits specified

Indiana employers may purchaseinsurance through competitive market


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Exclusive Remedy

Requires employers to acceptresponsibility for injuries arising out of andin the course of employment without

regard to fault Employees give up right to sue employers

for unlimited damages

Still may sue equipment manufacturers, orbring negligence action


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Covered Injuries

Personal injury now includes occupational diseases

except ordinary disease of life

By accident eliminates self-inflicted intentional injuries

Arising out of employment

occurs on-site or in travel In the course of employment


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Benefits

Loss of income 70% of cases are temporary total disability

only 25% of cash benefits paid

66% of cash benefits for permanent partialdisability

Benefits based upon gross weekly earnings 66% - 100% of wages

Delayed payment, usually 2 weeks, butretroactive


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Benefits

Medical benefits

first aid, physician services, hospital services,nursing and drugs, supplies, prosthetics

all states require medical benefits, but somelimit total amounts or payment period

insurer usually selects physician

Other sources of medical benefits private disability insurance, Social Security


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Benefits

Rehabilitation

primary source is federal-state vocationalprogram

funded by fed, administered by state

provide medical care, counseling, job placement,training


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Problems To Address

Workers lost wages

Poor public image for employer

Lost productivityHigher production costs

Reduced tax revenue

Less marketable products Financial burden on society


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Early Workers Compensation

1708--Sailors hospital established inBoston ($.06/mo. Deduction)

1789--Marine Hospital Service established

(predecessor to U.S. Public Health Service 1852--Massachusetts passes first safety

law dealing with steam engines

1867--Massachusetts Factory InspectionAct


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Moving Along.

1887--Massachusetts passes textile spinningmachinery safeguards law

1908--Federal Employees Workers

Compensation Act applied only to certain federal employees

Teddy Roosevelt outraged that burden fell oninjured or diseased worker

1911--First state Workers Comp law inWisconsin


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Workers Comp Laws

Purposes

Income replacement

2/3 normal salary (non-taxable)

Vocational rehabilitation

work hardening

Reduce accidents Fair and equitable cost allocation


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Workers Comp Laws

Eliminate suing employer

exception is gross negligence

Injury must result from the accident

Injury must have arisen out of employment

Injury must have occurred during course of

employment


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In Indiana

Law passed in 1915

Statute of limitations

most cases--3 years

radiation illness--must file within 2 years ofdiagnosis

asbestos--35 years from last exposure

all other occupational diseases--2 years fromlast exposure

Documents

Accident Classification and Workcomp