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August 25, 2010
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August 18, 2010
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Workers' Comp Kit Blog

  • Employer Retaliation Against Employee By Requiring Waiver in Illinois EEOC Suit
    09/01/2010

     Requiring employees to waive their rights under federal employment discrimination law and threatenin[...]

     Requiring employees to waive their rights under federal employment discrimination law and threatening them with dismissal for failing to comply violates federal law the EEOC charges in a recent lawsuit.

    The EEOC alleges Cognis Corporation terminated a longtime employee after he refused to enter into a “last chance agreement.” allegedly waiving the employee’s right to file a charge with any civil rights commission or other government agency. (WCxKit)
    It also prospectively waived his right to pursue relief in any forum if Cognis decided to discharge him in the future, according to Chicago District Director John Rowe, who supervised the EEOC’s administrative investigation.
    Although the worker originally signed the agreement, he later rescinded it because, as he explained to Cognis, he did not wish to waive his civil rights. The man was immediately fired, the investigation indicated.  According to Rowe, other employees were also asked to sign last chance agreements purportedly waiving their rights as a condition for keeping their jobs.
    The agency seeks compensatory and punitive damages for the employee in addition to an order barring future retaliation and other relief. The suit, captioned EEOC v. Cognis Corporation, C.D. Illinois No. 10-C-2182, was filed in federal district court in Urbana, Ill. and assigned to U.S. District Court Judge Michael P. McCuskey. (WCxKit)
    Rowe said, “We are always concerned when employers take measures which appear designed to prevent employees from making use of their rights under federal employment discrimination law. That problem is compounded when employees who resist these efforts face retaliation, including termination. That is sure to get our attention.”

     Author Rebecca Shafer,  JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing.
    Contact: RShafer@ReduceYourWorkersComp.com
     or 860-553-6604.

      Join WC Group:  http://www.linkedin.com/groups?homeNewMember=&gid=1922050/

     
    Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

    ©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
    Info@WorkersCompKit.com.
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    Wed, 01 Sep 2010 22:47:58 +0000
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  • Overcoming Resistance from Senior Management When Implementing a Workers Comp Program
    09/01/2010

    A Reader Writes:
    I am a newly hired  workers' compensation management specialist tasked with creating[...]

    A Reader Writes:
    I am a newly hired  workers' compensation management specialist tasked with creating a workers' comp management program at my company.  Right now, we have one site, with plans to acquire more within the next five years. I've been assigned this project by the company's new president who thinks workers' comp is a good idea.  But the other members of senior management are stonewalling the concept – they are subtle, but impenetrable. They have been with the company for years and have entrenched viewpoints.  They view workers' comp costs as just another operating expense.

    This is going  to have a negative impact on my ability to design and implement a cost-savings program for the departments they manage.  How can I convince  them workers' comp costs are not set in stone and costs can be  reduced, resulting in better fiscal health for everyone?

    Bob Elliott Replies:
    You are right  on target when you say management commitment is a must when moving ahead with a workers' comp management plan.  You need their clout to assure departmental cooperation, and you need their buy-in to obtain the resources you need to get this program started. 

    So where do you start?  In my experience, management is primarily interested in the monetary impact and how it affects them.  If you can head off the monetary impact before it affects them, you will be a hero, but first they need to know how close to danger they really are.

    First, I would  get assurance the company president is solidly behind me when I present the facts.  It is unrealistic for the president to task you with program without supporting you.   The president needs to be  ready to institute a charge-back system so management feels the sting of unresolved costs where it counts most:  their own pocketbooks. 

    Then, I would  develop a small presentation detailing the financial impact of workers' comp costs.  I would develop a Sales Required to Pay for Accidents matrix, tailor it to your business. Use the calculator at the bottom of this blog or at this link:  http://www.ReduceYourWorkersComp.com/calculator.php

    For example,  if you sell nuclear generators providing power to large facilities -  Ask:  How many generators must be sold just to break even on just one open workers' comp claim, with no signs of closing? Answer:  The company  probably must sell a dozen generators.  But, since the claim is still open and time is running,  until the claim closes, it continues to bleed company coffers dry.  Multiply that by the number of actual open, going nowhere claims, and it's a huge figure.

    If your company  installs carpeting – how many rooms of carpeting will you have to sell – minus labor and travel costs – to compensate for the open claims you have?  If you sell widgets, how many widgets must you sell and gain net profit in order to cover the costs of open claims?

    When you present  workers' comp in this light, — in terms of the real business of making money, your management must then take a step back and take notice — especially if it's their cost centers being charged for these claims.

    So, on slide 1  show how much workers' comp costs in terms of the business you perform. 
    Slide 2  could contain some benchmarking — How well do your costs  measure up  against the national average or to other companies?

    After you've  scared them to death though, you must be ready with concrete workable solutions.   Keep it VERY high level.  Management isn't interested in the details.  Provide them with a timeline or calendar of program events and milestones. (WCxKit)

    Then wow  them with the cost savings they can expect to see within the first year.  This will really get their attention and they will be delighted.

      \Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact:  Robert_Elliott@ReduceYourWorkersComp.com   or 860-553-6604.

    WC Calculator: http://www.reduceyourworkerscomp.com/calculator.php

    Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.

    ©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com 

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    Wed, 01 Sep 2010 22:38:38 +0000
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  • Survivor of Tragedy Files Lawsuit for 16 Million For Injuries When Scaffold Snapped in Half
    09/01/2010
     The sole survivor of a scaffolding accident in Toronto last Christmas Eve
    [...]
     The sole survivor of a scaffolding accident in Toronto last Christmas Eve that killed four men has reportedly filed suit seeking $16.3 million in damages.
     
    Word of the suit comes not long after the Ministry of Labour made 61 charges against a pair of companies and certain company officials. (WCxKit)
     
    The Globe and Mail reports the lawsuit filed by 22-year-old Dilshod Marupov names the companies involved and the Ontario Ministry of Labour.
     
    Marupov, who is from Uzbekistan, fell 13 stories when scaffolding he was on while repairing balconies on a Toronto apartment building snapped in half. Both of his legs were crushed, his spine was broken, and he was in the hospital for several months.
     
    Charges were made against Metron Construction of Toronto and Swing N Scaff of Ottawa under the Occupational Health and Safety Act. The charges include failure to ensure workers used proper devices to prevent them from falling and failure to ensure the platform was not overloaded.
     
    We are suing them because we think they have a duty that they didn't exercise properly, claimed Marupov's lawyer, William Friedman. (WCxKit)   Allegations in the lawsuit have not been proven in court.
       \
     
    Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.

     
    Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

    ©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
    Info@WorkersCompKit.com.
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    Wed, 01 Sep 2010 22:25:39 +0000
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Index of Workers' Comp Quick Links
 
•   5 Steps for Risk Managers to Contain & Control Costs
Abbreviations
•   Advisen
Assess Your Work Comp Practices
Benchmarking Report
Bring Workers Back to Work Sooner
Buying Workers' Comp Insurance Coverage
Choose an Insurance Broker Wisely
Cost Reduction Modules
Custom Workers' Comp Training
Drug Testing State Laws
Eliminate Workers' Comp Fraud
FAQ Best Practice Assessment
Forms to Help Reduce Your Workers' Comp Costs
FREE Calculators
Gap Analysis for Multiple-Site Employers
Implement Cost Control Process
Improve Immediate Injury Response
Insurance Terms
•   Legal Library - 50-State Workers' Compensation Laws & Regulations
List of Workers Comp Kit Modules (PDF opens in new window)
Lower Your WC Costs Forever
Maximize Insurance Claim Results
Medicare and Medicaid Abbreviations
National WC Score Tracker
National Workers' Compensation Management Score
•   PDF Brochure (opens in new window)
Print Workers Comp Kit PDF Brochure (opens in new window)
Print Workers Comp Kit PDF List of Modules (opens in new window)
Quality Control Claims Review
Recommendations for Improvement Report
Reduce Wasteful WC Practices
Resource Partners
Return to Work (RTW) Ratio
Risk and Insurance Management Society (RIMS)
•   Sales to Pay for Accidents Calculator
Sample WCK Document Gallery (opens in new window)
Selecting a Third-Party Administrator
Test Your Workers' Comp IQ (new window)
Transitional Duty Cost Calculator
WC Best Practices Profile Ranking
WC Score Ranking: Best-to-Worst
WCK Dashboard Sample
WCK Video Overview
Workers' Comp Blog with Guest Experts (opens in new window)
•   Workers' Comp Books and Manuals
Workers' Comp Boot Camp
Workers Comp Kit Overview
Workers' Comp Kit distributed by Advisen (opens in new window)
Workers' Compensation Terminology & Abbreviations
WorkersCompResearch.com


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