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Workers’ Compensation

Cumulative trauma claims tend to be income-replacement only, litigated more

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Sixty percent of so-called cumulative trauma workers compensation claims involve injuries that progress over time and are indemnity-only, thus involving no medical component, according to a report released Thursday by the Workers’ Compensation Insurance Rating Bureau of California. Overall, 77% of indemnity cumulative trauma claims involving more than $1,000 in expenses attributed to settling and defending claims, while only 53%…

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Man alleges wrongful termination after filing for work comp benefits

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A former employee of Brandsafway claims he was wrongfully terminated for seeking worker’s compensation benefits after he was injured on the job. Plaintiff Fred Skelton filed the lawsuit in the Madison County Circuit Court against defendant Brandsafway, LLC formerly known as Safway Services, LLC, citing retaliatory discharge in violation of the Illinois Worker’s Compensation Act. According to the lawsuit, Skelton…

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Shortage of qualified, trained workers increases construction sector exposures

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Acute labor shortages across the construction industry are hitting everything from quality control to worker safety, keeping busy risk engineers and others involved with construction risk management. The labor crunch can lead to work being done by less qualified or inadequately trained workers, causing mistakes that require expensive rework, often at the expense of the contractor. In other cases, there…

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Illinois contractor again cited for trench cave-in hazards

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Occupational Safety and Health Administration investigators again cited a Schaumburg, Illinois-based excavating contractor for failure to follow federally mandated safety measures to protect workers from potentially deadly trench cave-ins. Trench collapses are among the construction industry’s most lethal hazards and a recent focus of OSHA. OSHA reported that an inspector in June observed two employees of A. Lamp Concrete Contractors…

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COVID-19 workers comp claims fall in 2021

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COVID-19-related workers compensation claims fell last year compared with 2020, when the pandemic first hit the United States, but indemnity-only claims continued to represent the biggest share, a group of rating agencies said in a report released Tuesday. The average claim cost over the two-year period was $9,600, according to the report from the National Council on Compensation Insurance and…

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Rise in construction comp claims severity offset by flat frequency

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While claim frequency in workers compensation has been flat for a decade, claim severity is increasing, and no industry is seeing it more than construction, according to panelists at the 42nd International Risk Management Institute Inc. Construction Risk Conference. “This is driven by medical advances,” said Mark Walls, vice president, communications & strategic analysis, for Safety National Casualty Corp. “They’re…

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Pandemic’s first year sharply affected benefits, costs: Report

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An annual study conducted by the National Academy of Social Insurance revealed workers compensation cost and benefits took a sharp downturn during the first year of the COVID-19 pandemic, while reporting at the state level uncovered a stark contrast in results. Data compiled by the academy ran over a five-year period from 2016 to 2020 and highlighted trends and outcomes…

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OSHA seeks to protect food processing workers in high-injury states

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The Occupational Safety and Health Administration announced Wednesday that it has launched a local emphasis program aiming to reduce the higher rates of injuries among the more than 90,000 food production workers in Illinois and Ohio. The program, which began Oct. 3, started with an initial outreach focused on more than 1,400 manufacturing facilities in Illinois and Ohio where year-round…

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Predominant cause at issue as mental health claims rise

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Mental health-related workers compensation claims continue to rise, many fueled by the COVID-19 pandemic, relatively new presumption laws countrywide that broaden workers compensation eligibility for post-traumatic stress disorder and other mental injuries, and greater awareness of mental health issues, experts say. Yet traditional mental injury claims can and are being defended, as legal experts report a rise in such claim…

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Federal Judge Dismisses FedEx From Indiana Shooting Lawsuit, Citing Work Comp Act

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A federal judge has dismissed FedEx from a lawsuit filed by relatives of five of the eight people who were fatally shot last year at an Indianapolis warehouse by a former employee of the shipping giant. U.S. District Judge James Sweeney on Monday granted a FedEx Corp. motion to dismiss it and three of its divisions from the wrongful death…

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