Remote and hybrid work arrangements, which were put in place when pandemic lockdowns forced many workers to stay home, have left employers with lingering safety-related concerns even as COVID-19 fades. Many ergonomics concerns related to remote work were well-known before the pandemic, but with home offices commonplace those issues demand an extra level of attention, sources say. And employers should…
The average cost of COVID-19 related claims increased “significantly” in the last six months of 2021, according to a report released Wednesday by San Diego-based Mitchell International Inc. As of December, the average indemnity cost for a COVID-19 claim increased 40% when compared with Mitchell’s analysis of data in June 2021 to about $3,478 per claim, according to the report,…
Illinois is the only state to introduce legislation this year to create a workers compensation drug formulary, despite the documented success of such regulations in limiting the prescribing of addictive pain medications to injured workers. But experts say they don’t see the issue of opioid prescribing in comp fading as other strategies are at play. Formularies — lists of prescription…
A recent federal court ruling holding that a migrant farm worker’s death from COVID-19 fell within the scope of workers compensation law is part of a growing body of rulings that bar liability lawsuits related to the pandemic against employers. The decision also highlights safety issues related to the housing of migrant workers during the pandemic. According to the ruling…
While the majority of workers compensation claims for COVID-19 during the first year of the pandemic involved a mild infection and no hospitalization, the Workers’ Compensation Insurance Rating Bureau of California reports that coronavirus claims with medical payments were more likely to involve hospitalization, intensive care and fatalities. “As a result, the average medical payments per COVID-19 claim during the…
The U.S. Supreme Court on Tuesday asked the Department of Justice to weigh in on whether workers compensation insurers should reimburse for medical marijuana. Specifically, the court is considering requests to review Minnesota Supreme Court decisions holding that employers can’t be compelled to reimburse injured workers for medical cannabis because it would require them to violate federal law. Before it…
The COVID-19 omicron variant appears to be waning and several states have lifted their mask mandates in recent weeks, but legislators are just getting started when it comes to the pandemic and workers compensation. Since state lawmakers went back to work in January, more than a dozen pieces of new or revived pieces of legislation have been filed, and more…
A bill before Illinois lawmakers this year would address recent court decisions finding that workers’ compensation exclusivity does not preclude claims for damages under the Biometric Information Privacy Act. H.B. 5396 would declare that if a worker brings an action against an employer for violations of the privacy act, the worker’s entitlement to relief shall be determined under the state’s…
The Illinois Workers’ Compensation Act (IWCA) does not bar claims for statutory damages under the state’s Biometric Information Privacy Act (BIPA), the Illinois Supreme Court unanimously ruled in a Feb. 3 opinion that could leave employers more vulnerable to a wave of privacy lawsuits. In McDonald v. Symphony Bronzeville Park, the seven-member court looked at a proposed putative class action…
Days away from work due to serious injuries decreased by 61% from 2019 to 2020, according to a new report from ISN Software Corp., despite an increase in the rate of serious injuries and fatalities. The analysis from ISN showed the three-year average for serious injuries and fatalities increased from 391 incidents per 100,000 workers in 2019 to 429 incidents…
