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Red Flags in Workers' Comp Claims

One of the things our team prides themselves on is identifying potential issues early on in workers’ compensation claims. Some of these can be so obvious that the employer will clue us in during the initial contact, but some are a bit more nuanced – and that’s where our expert claims examiners come in. Most people handling workers’ comp for a business know that a Friday afternoon or Monday morning injury is a little suspicious, even more if there were no witnesses.  However, there are other scenarios that employers may not consider relative to the validity of a claim, and it’s our job to gather that information and educate our clients on how to handle it. Here are a few examples of details that sound our alarms, both early on in the claim, and as it progresses. 

  • Claimant is hostile about answering any questions regarding the accident, or provides very vague answers.
  • Immediate representation by an attorney.
  • The details (like date, time and place of accident) are unknown or can’t be recalled. 
  • Late reporting of the injury. Not everyone seeks medical treatment right away, but an incident report (with witness statements) should be completed even if first aid isn’t needed. The statute of limitations in Ohio is 12 months from DOI. If witness statements don’t corroborate the claimant’s story or are all different, that could be another red flag. 
  • Claimant can’t be reached - never answers the phone, or always seems to be busy.
  • Claimant engages in secondary or self-employment, has other non-work-related injuries, or participates in athletic activities outside of work.
  • Claimant wasn’t in good standing at the time of the incident - poor attendance record, poor performance or frequent disciplinary problems; 
  • Claimant quits just before or just after the injury; injury coincides with layoffs, end of seasonal work, plant closure, or approaching retirement.
  • Claimant changes physicians immediately following emergent care, or as soon as the treating provider releases them to full duty.
  • Claimant’s wages were recently subject to garnishment or liens.
  • The physical injury doesn’t match the incident or isn’t consistent with nature of the claimant’s work.


This list isn’t all encompassing, but it’s enough to provide an idea of the myriad of details we consider when managing a claim. If your business has had a workers’ comp claim where one or more of these situations have presented themselves, did you feel like your concerns were taken seriously by the TPA paid to support you on claims management? If the answer isn’t yes, we’d like to learn more about the kind of support your organization needs, and how Spooner can deliver it. Contact us by phone at (440) 249-5260 or complete this quick form.  


 

Posted By Brandy King in General

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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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