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Is Our Company Allowed to Pay Cash for Workers' Comp Treatment in Ohio?

We know it happens. An employer pays cash at an urgent care for that “one and done” work-related injury visit, or maybe a handful of chiropractor visits. The employer didn’t want the claims costs hitting their experience and premiums, or to risk their EMR going even higher. Unless they’re in one of a few specific programs, employers paying cash for treatment of a work-related injury is prohibited. It can go left quickly and create some ugly scenarios for employers. We want to help you understand what can happen, and some above-board ways to reduce the impact of medical costs on future premiums.

Paying cash for an injured worker’s medical treatment is a slippery slope. Ohio BWC-approved providers should not be willing to accept an employer’s cash payment for treatment unless they are self-insured for workers’ comp in Ohio, part of the 15K program, or an Ohio-BWC approved deductible plan. If an employee hurts their back at work and claims they just want to see a chiropractor - it may seem both easy and tempting to pay cash for a few visits. No need to file a claim and make a big deal of it, right? Wrong. Especially with soft tissue injuries, treatment could go on for months (even years), and may eventually require an orthopedic surgeon. When BWC finds out that the initial injury wasn’t reported as a claim and the employer chose to pay cash for treatment, that employer now has a non-covered claim. That means the employer will bear all expenses associated with that claim going forward. In case you’re not familiar with the out-of-pocket price on something like a rotator cuff repair, it can average $25,000. 

We’re well aware that BWC over-recoups their costs on many claims, but you’re better off not trying to skirt the system. There are a few legitimate ways to achieve a similar goal.

Ohio BWC 15K program – This is a good way for businesses (who want to remain in the state fund) to keep small claims from impacting experience and premiums. The employer pays up to $15,000 in medical expenses on medical-only claims. If the claim moves into lost time territory (days away from work), it will be automatically removed from the 15K program. You can pick and choose which claims will be covered by $15K, and when to remove them from the program. Each claim doesn’t have to reach the full $15,000 in medical. If it’s sitting at $5,000 but headed towards surgery, it can be moved out of the program at your discretion.

Ohio BWC Deductible Program – This could be a good fit for some businesses that have a strong focus on safety and have historically kept claims costs low. Like other insurance deductible plans, the employer lowers premium expenses by choosing a deductible and paying the portion of the claim that falls under that amount. In this program, costs are initially paid by BWC, and the employer later reimburses them up to the deductible amount. For employers with more frequent or more costly claims, the ROI may not be appealing.

A self-insured PEO with deductible options – Possibly the best of both worlds for the right organization. In this scenario, the PEO is the insurer and carries the majority of the risk. Especially in Ohio, PEO clients already receive discounted workers’ comp premiums because PEOs can use their own underwriting guidelines (as opposed to BWC’s “only game in town” monopoly with the state fund). Some PEOs also offer the flexibility to create a deductible plan that works for your organization.

If you have questions about how to reduce your workers’ comp costs in Ohio and choose the best program for your business, contact us anytime at 440-249-5260 or sales@spoonerinc.com

  

Most Recent

DOL Issues Final Rule on Independent Contractors

Posted By Brandy King
January 17, 2024 Category: DOL, Independent Contractors, Ohio Bwc, Workers' Comp

Who’s Really an Independent Contractor? DOL Finalizes New Rule Clarifying Classification Earlier this month, the U.S. Department of Labor (DOL) finalized its rules regarding classification of independent contractors. The organization hadn’t previously defined this by regulations, only by guidelines (which are as clear as OSHA “best practices”).  The updated rule creates a six-factor “economic realities” test to determine whether or not a worker is truly an independent contractor under the Fair Labor Standards Act (FLSA). Among others, the test includes factors such as degree of permanence, amount of control the employer holds, and the worker’s skills.   Since Ohio employers aren’t required to cover 1099 employees under their BWC policy, we have a lot of discussions with clients about whether or not a worker actually meets the qualifications of being an independent contractor. Understanding these qualifications is not only important for insurance purposes, but also for recordkeeping, and the application of minimum wage and overtime rules.  Our friends at Roetzel & Andress have done a great job of explaining this new classification rule in a way that’s easy to digest and understand, so we’re deferring to their recent update for the details.  For more info on how independent contractors can impact your Ohio BWC policy, check out this blog.  This goes into effect March 11

A Guide to Submitting 2023 OSHA Logs

Posted By Brandy King
January 17, 2024 Category: OSHA, Electronic Recordkeeping, Form 301, Form 300, OSHA 300A, Safety, Incident Reporting, Compliance

It’s time to post and electronically submit your OSHA logs - and this year, submission requirements will impact far more U.S. employers. We discussed this in detail when the rule was finalized in July 2023. Effective January 1, 2024, OSHA will require employers with over 100 employees in certain high hazard industries to complete electronic records submissions of Forms 300 and 301, in addition to Form 300A. These are records that covered employers should already be keeping, but previously have not been required to submit. The impacted industries include (but aren’t limited to) retail, wholesale, performing arts, manufacturing, farming, and grocers. Our safety team agrees that the fastest, easiest way to find out your company’s submission requirements is to use this ITA Coverage Application. Enter your company’s NAICS code and employee count, and it will confirm which logs should be submitted. As a general guide: 20-249 employees and on this list must submit 300A 100 or more employees and on this list must submit the 300A, 301 and 300 log.  Employee count is “per establishment,” not entire corporation size. So, what is OSHA’s definition of an “establishment?” An establishment is a single physical location where business is conducted, or where services or industrial operations are performed. For activities where employees do not work at a single physical location - such as construction, transportation, communication

Grading Payroll Providers on Enrollment and W-2 Performance

Posted By Brandy King
January 17, 2024 Category: Payroll, Overcharging, Additional Fees, Surety HR, SI PEO, Payroll Processing Fees, ADP Fees, Paychex Fees

With 2023 group health enrollments behind us, and W-2 season wrapping up – most employers have a strong opinion about the role their payroll provider played in both of those, good or bad.  Let’s consider open enrollment first. If your payroll provider utilizes an electronic benefits module, and made an implementation plan with your broker – things should have gone smoothly. Benefits enrollment is always subject to hitting snags throughout the process. Here are some things to consider:  •    Was there communication between all parties if a timeline changed? •    Was everyone pulling in the same direction, without making you (the employer) an unnecessary go-between?  •    Was every party involved invested in making sure things were done right the first time? •    Have you considered an API connection or Data Bridge with your Carrier?  (Fees may apply)  It’s important not to over- or under-rely on technology. Let the electronic benefits modules do their job, but make sure you and your payroll provider have your eyes peeled for potential issues.  W-2 season brings similar headaches. If the employer has done their best to ensure that all employee info is up-to-date and accurate, the prevention and resolution of those headaches’ rests heavily on your payroll provider. If employees have questions about W-2s, or there’s a potentia

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