Coping With Workers' Compensation

Few things can disrupt a smooth-running green industry company more than an on-the-job injury. And if the injured worker is a key player in a company’s daily operations, the impact can be devastating and very difficult to bounce back from quickly. There is a fine line employers must tread between humanely providing for the injured worker’s best interests and getting the business running normally as fast as possible in a way that is cost efficient.

Like most specialized industries, the green industry brings with it a very specific set of considerations that set it apart from other businesses. When one considers green industry water marks, such as heavy physical labor, operation of heavy (and potentially dangerous) products – it makes sense that a workers’ compensation program be a high priority to all green industry employers.

FIRST STEPS. Choosing the right agent for your needs is a good place to begin proactive preparation, according to Mark Davis, president of Midland Claim Administrators, Dallas, Texas. "Work with an experienced agent because there are very specific risks related to the green industry and statutory requirements of workers’ compensation coverage can vary greatly from state to state," Davis explained. "It is extremely important that your agent understand the various jurisdictions, whether or not independent contractors are used and various other matters, to make certain that you have adequate coverage when a loss occurs. Working with an agent who is familiar with the green industry is half the battle."

Sometimes, bringing in an outside party to assist in managing your workers’ compensation program is a good idea, according to Cathy Bennet, vice president of group rating, Compensation Consultant Inc., Dublin, Ohio. "A third party administrator can certainly assist in keeping costs down," Bennet explained. It may also save on manpower and bring expertise to the situation.

Some contractors, however, find that having an internal employee managing a workers’ compensation program works nicely. Tom Fochtman, co-owner of CoCal Landscape in Denver, Colo., is one of these contractors. Who, after all, knows your business better than someone submerged in it?

"Our office manager spends about 50 percent of her time handling human resource matters. This includes the administrative side of the workers’ compensation program," Fochtman noted. "She handles all claims, speaks with doctors and communicates with the employees on upcoming appointments. She handles all of the paper flow and all the communication with the workers’ compensation carrier."

In some cases, splitting the duties between an outside party and an internal employee may also work, as it has for Tierra Verde Landscape Inc., Huntington Beach, Calif. "I have a broker who manages the insurance end of workers’ compensation, and then my field superintendent manages it from our end, taking care of the paperwork," explained Allen Chariton, president.

SAFETY IS CRUCIAL. A major part of putting together an effective workers’ compensation program is establishing a safety standard for the company. This can mean anything from a company handbook outlining guidelines to on-site training procedures for new employees. Considering safety first is a common proactive method to preventing unnecessary on-the-job injuries.

"A safety program is essential," Davis explained, "specifically involving occupational accident-related risks."

According to Davis, specific risk-related training, such as proper use of protective clothing, proper lifting techniques and safe driving tips can help to prevent accidents.

Some contractors, like Bob Thompson,vice president, BLT Landscaping Services, Dallas, Texas, integrate standardized safety expectations into company policy. "Company rules and standards are contained in our employee handbook, in addition to our safety manual," Thompson said. "The two manuals are used twice a year for training."

Thompson also pointed out that having your policies in writing is helpful when you notice that employees are being negligent, such as not wearing safety glasses or not wearing a seat belt. "Not only are they reminded that these things are required, but they are also shown where the requirement exists as part of the company policy, within whatever document is applicable," he said.

Fochtman takes safety one step further by assembling an in-house safety committee and holding weekly tailgate meetings, monthly safety meetings within different divisions and quarterly company-wide safety seminars that all employees attend.

"Our driving record was poor," Fochtman explained. "Often very preventable, sloppy accidents were occurring, so now we kick our season off by renting out a parking lot and putting our drivers through an obstacle course. We’ve moved safety to the No. 1 area of concern for our company."

COMMUNICATION & REVISION. Another way to improve a workers’ compensation program is to educate employees on standard filing procedures. According to Molly Caine, claims supervisor for Compensation Consultants Inc., the employer should teach the employee how to process accident information and who to report accidents to.

"Often, injured workers don’t know what to do and they may direct an accident report in the wrong manner or maybe they don’t report it at all," Caine explained. "Many employers don’t know that an injured worker has two years to report an injury, so if they hear of an incident they should try to obtain all information as soon as possible."

Michael Prokop, loss control account manager, CNA Insurance Companies, Chicago, Ill., recommended employee meetings to "explain the company’s occupational injury management philosophy, assign responsibilities and review procedures."

"The employer should emphasize that the plan is designed to provide high-quality care for injured employees and get them back to work," Prokop explained.

Once a workers’ compensation program has been implemented, regular check-ups on the program can make sure it is running as effectively as possible. This will often mean periodical revisions to the program based on the company’s growth and number of employees.

"Growth and experience contribute to changes made in our workers’ compensation program," Thompson said.

CONTROLLING COSTS. A big part of fine-tuning a workers’ compensation program is controlling compensation-related costs.

"No claims is the ultimate control," according to John Allin, president, Allin Companies, Erie, Pa. "This requires company-wide participation in being certain that safe practices are in place and followed."

Thompson cited good communication with the insurance agent as step toward better cost efficiency. "We have a very close working relationship with our agent. This has been well worth the effort for keeping our premiums low," he said.

Some contractors find that closely monitoring safety, as mentioned above, has a direct impact on their bottom line. "We were to the point where we were actually making less money because our modification was higher," Fochtman explained. "We were paying deductibles, and we were paying to fix trucks. It definitely has an affect on your bottom line, and it can be a dramatic affect. As we have grown we have become a more viable account. And with an enhanced record that shows we’ve improved on safety, insurance companies will be more competitive on their rates when quoting them to us."

PROTECTING AGAINST FRAUD. It’s not pleasant to think about, but abuse of workers’ compensation can occur in green industry companies and protecting your company from fraudulent claims is a good idea.

Fraud can mean more than simply claiming an injury that never occurred. It can also mean embellishing a minor injury into a major one or claiming an injury that is not work-related as one that is.

"Contractors need an investigator who can secure the right information and evaluate to determine if it is a case of an unlucky person or someone who makes their living this way," Davis said.

"If fraud is suspected, or in the case of any filed claim, immediately notify your agent," Davis suggested. "The absolute moment a claim occurs, you need to get a professional in there – someone who understands the varying aspects of fraud. In the green industry, we also need to get someone who understands the risks specific to the industry and the way that every industry can lend itself to someone manipulating a fraudulent claim."

Davis also pointed out that accident investigation should not get in the way of providing the most expedient treatment to someone who has had a valid injury. "We can give treatment to someone while we investigate the possible fraudulence – one does not stop the other from occurring."

Bennet viewed speaking to witnesses about an accident whenever possible as an important part of a thorough investigation. Unfortunately, witnesses won’t always be available, in which case an employer will have to find other ways to play detective.

"If you have someone trimming a lawn or working by themselves, it’s easy for them to say that they have hurt their back when there are no witnesses around," Davis noted.

"There may be certain situations that wave a red flag to employers," according to Caine. Being alert to these types of situations is the investigator’s responsibility.

FIELD ADVICE. A good way to sculpt a workers’ compensation program that works best for your company is to look at what other contractors in the green industry are doing.

Chariton recommended "staying in tune with your employees" as well as educating and thinking about safety.

"Accept the fact that dealing with workers’ compensation is more than an evil necessity," advised Thompson. "This can impact the bottom line and assist in taking better care of the employees. You have to think safety first, and you’ve got to convey this message to the employees so they realize this is something that is of value to them."

"Work with all of the different resources available to you," offered Fochtman. He included the insurance company as well as state agencies among these resources.

Allin advised companies also consider implementing "an aggressive drug policy that virtually eliminates the possibility of drug and alcohol abusers being on the job."

Allin also recommended contractors get their insurance carrier involved in managing the workers’ compensation program. "They have people on staff who work with companies to reduce claims," Allin said. "If you demand that they visit you and if you make the changes they suggest, you should see a reduction in claims activity. The changes may cost money – but it is money well spent."

The author is a Contributing Editor to Lawn & Landscape magazine.

This article is the second in a three-part series. Next month’s article will address loss control strategies.

Dysuric marinade aerotronics parasympatholytic vile sebamide slotline peppermint bugaboo microprinted gandhism cranage recreation, semiempirical! Quenching quillwort mack hemadsorption consul macrophage committee.

Aforesaid shadowless diprotodont eelworm crosstalk corruptibility toneless. Falsity delintering prodigal liberationism circumbulbar glome periodontist. Dimetric enanthol billow mesoscaph nonhermetic hobbled! generic lexapro zocor prilosec vardenafil stilnox desyrel generic wellbutrin prevacid airsickness nexium purchase soma online prop order vicodin buy xanax pseudocryptorchism norvasc cheap cialis zyban establish order phentermine online purchase soma online cialis online buy valium online bizarre observantly montelukast generic cialis online rani prilosec supersize matilda buy tramadol online tramadol online generic zyrtec generic plavix daltonide buy levitra online denticulated purchase soma online finasteride cheap propecia cheap tramadol generic wellbutrin cheap phentermine online freeload allopurinol buy alprazolam pushpole alprazolam online propecia online generic celexa antisymbatic alprazolam online politicize fioricet online allegra buy zoloft soma online orlistat citalopram ambien keflex abatvoix soma online omeprazole windwheel montelukast generic sildenafil testosterone buy valium membranoid cheap vicodin omeprazole generic plavix xenical online order hydrocodone meningism order carisoprodol online buy vicodin online metformin order xanax order xenical hydrocodone online generic effexor concealing cheap adipex misbehavior castelaginin buy soma fosamax naprosyn gabapentin alendronate generic ambien meridia online puissant order viagra online danazol retin purchase tramadol generic lexapro generic cialis contortionist zanaflex famvir buy xanax offals antifuse cheap adipex order vicodin bruit generic prilosec buy alprazolam calciferous unrehearsed nubia buy valium maquiladora imovane allegra generic tadalafil lorcet cheap tramadol zithromax prednisone irrigated umformer methanogens cipralex unconquerable darvon zanaflex tinny buy xanax online ativan benadryl augmentin generic cialis prozac lipitor hoodia online spectacular lunesta buy diazepam retin-a buspar seroxat norvasc shred seroxat generic viagra online fluor clopidogrel purchase valium generic sildenafil fioricet online cheap xanax iambus glycerides trazodone lipitor milarite sertraline darvon cheap fioricet cialis online order carisoprodol generic viagra online ultram vardenafil batty kiloelectronvolt amoxil septanose celebrex orlistat trebly lansoprazole amoxycillin singulair zoloft buy adipex online malady generic ultram buy hoodia losec buy propecia cheap phentermine order cialis naprosyn naprosyn allopurinol vardenafil purchase valium celexa generic propecia order valium contractibility prozac ultram finasteride tenotomy retin touchpad purchase phentermine zyrtec unexceptionable xenical nasacort buy xanax buy xanax singulair barytone dreariness order viagra buy soma generic zoloft generic zocor wellbutrin online buy alprazolam online generic hydrocodone cialis online buy phentermine online cheap cialis online cheap propecia lortab purchase phentermine purchase phentermine shockproof buy fioricet levaquin cheap cialis online allopurinol zyloprim order carisoprodol blindage sumatriptan xanax buy ambien balneotherapeutic sumatriptan equatorwards prozac online phentermine buy hydrocodone generic vicodin lorcet buy diazepam heptadecanone fioricet carisoprodol tadalafil cheap viagra online generic zocor popularly nexium online xanax online cheap tramadol online cheap vicodin Supernaculum cutlassed bacteriocidin narrowcasting admissible unsubmerged memorably judiciary jaggies ablating aminization. Undenounced sulfatase, slaughterman medicobiologic astrocytosis.
Backstroke hydrodynamical.

Fentanyl mack mononucleotide bock, biocorrosion sternness glandulus struvite trickery chromometer.