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SAFE 101 NSC Chapter 8 Worker’s Compensation

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Presentation on theme: "SAFE 101 NSC Chapter 8 Worker’s Compensation"— Presentation transcript:

1 SAFE 101 NSC Chapter 8 Worker’s Compensation

2 SOCRATIVE APP DOWNLOAD APP ROOM 966784 RESPOND TO QUESTIONS
IF NO SMART PHONE, USE PAPER & HAND IN AT END OF CLASS

3 HOMEWORK 3 Due Date: Wednesday February 19, 2014 Workplace audit form(s) 1. What are the benefits of using this form? 2. What are possible oversights of this form? 3. Using the example found as an example. CREATE an audit/inspection form to identify potential hazards in a classroom/building.

4 Objectives Explore economic losses due to injury
Defining Workers Compensation Provide historic overview of compensation Review primary objectives of WC Benefits of WC How WC is administered Disability Classification Managing workers compensation

5 What types of problems did workplace injuries cause?
Socrative Student App Room #966784 What types of problems did workplace injuries cause?

6 ECONOMIC LOSSES Loss of earnings Additional expenses
Business Loss vs. Personal Loss Additional expenses Tax Revenue, Products, Services Public Assistance

7 What Is Workers Comp.? A “safety net” to alleviate the problems that workplace injury can cause, while providing employers some relative predictability of the costs that injuries will impose on the employer. Lawsuits Against Employer Fellow Servant Rule Contributory Negligence Assumption of Risk EMPLOYEE LOST EMPLOYER LOST

8 Disability vs. Loss of Man as a Whole
A fatality is < injury? TRUE/FALSE

9 Early Laws WC HISTORY IN THE UNITED STATES
After the onset of the Industrial Revolution 1902: Maryland. Overruled 1908: Massachusetts. Dead from the start 1908: Federal WC act 1909: Montana (mining). Overrruled 1910: New York. Limited coverage 1911: Wisconsin. Finally!

10 History of Workers’ Compensation
0:40 - 6:36

11 WC OBJECTIVES Provide no-fault income and medical benefits
Provide a single remedy Relieve charities of financial drain Eliminate (?) lawyer fees and court costs Encourage employer safety programs Promote frank study of accidents

12 Benefits of Workers Compensation
Income Replacement Replace lost wages 2/3 in most states = 66% Medical Benefits RTW and rehabilitation ACCIDENT PREVENTION AND REDUCTION

13 WC IN THE UNITED STATES CURRENTLY:
All 50 states and territories have WC acts Federal Employees’ Compensation Act (FECA) for federal employees Acts for shipping and railroad

14 WC is better for EMPLOYEES than for EMPLOYERS?
IS WC FAIR? WC is better for EMPLOYEES than for EMPLOYERS? TRUE/FALSE

15 http://www.youtube.com/watch?v=ENjPBkntfcU 0:00 – 2:10
Smooth Criminals 0:00 – 2:10

16 LIMITATIONS WC laws were political compromise
Determining the extent of disability EXCLUSIVE REMEDY Fault free worker protection Other sources of liability Dual capacity doctrine Intentional tort Gross negligence

17 Workers’ Compensation
MAJOR CHARACTERISTICS COVERED INJURIES Personal injury In the course of employment Work Premises? ‘an accident arising out of and in the course of employment’

18 Work place injury vs. Injury in Workplace
A Heart attack at work is a work related injury? TRUE/FALSE

19 OCCUPATIONAL DISEASE Not ordinary disease Hearing Black lung disease Federal Black Lung Act 1996

20 HANDOUT

21 INCOME REPLACEMENT WC BENEFITS About 70% of wage subject to maximum
Maximum lengths Waiting period

22 Maximum Length Member Lost Weeks of Compensation Arm 312 Leg 288 Hand
244 Foot 205 Eye 160 Thumb 75 First Finger 46 Second Finger 30 Third Finger 25 Fourth Finger 15 Great Toe 38 Other Toe 16

23 What Doctor is Legit?

24 WC BENEFITS REHABILITATION A primary goal
Training, education, testing, etc. Issues of settlement strategy

25 ADMINISTRATION OBJECTIVES Agency supervisor Employee advocate
HANDLING CASES Uncontested/contested

26 REHABILITATION Most return to work quickly
Up to 10% can be life-changing Medical and vocational rehabilitation

27 Disability Classification
Temporary Total Disability (TTD) Temporary Partial Disability (TPD) Permanent Partial Disability (PPD) Permanent Total Disability (PTD) Whole Person vs. Wage Loss vs. Loss of Wage-Earning Capacity theories

28 Workers’ Compensation
INSURANCE BASIS AND INCENTIVES Rating by business classification Payroll basis Experience modifier rate (EMR) - merit rating

29 MANAGING A WC PROGRAM Three goals: Prevent accidents Control costs
Respond to accidents promptly and efficiently Hiring First report of injury

30 Doctors and medical institutions Rehabilitation Follow-up!
MANAGING A WC PROGRAM Doctors and medical institutions Rehabilitation Follow-up!

31 MANAGING A WC PROGRAM

32 Review Explore economic losses due to injury
Defining Workers Compensation Provide historic overview of compensation Review primary objectives of WC Benefits of WC How WC is administered Disability Classification Managing workers compensation


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