Workers’ Compensation: Articles Review

FindLaw. (2016). Workers’ compensation overview. Small Business Law. 

This article refers to workers’ compensation as a set of laws that provide guidelines for protecting injured employees by offering them health benefits. Although some states have unique insurance programs for workers, the Federal government outlines distinct compensation laws for specific industries. The article further heightens the importance and impact of such guidelines on employees and organizations. As workers receive monetary rewards for injuries, ill health, and loss, they are required to desist from litigating claims against their employers (FindLaw, 2016). This scenario implies that the worker’s compensation plan is an essential element in ensuring that employees are adequately insured against any form of injury, death, or sickness in the course of employment (FindLaw, 2016). The article unveils that most programs also protect employers from exploitation by outlining guidelines on handling damages that arise from individual negligence or the carelessness among workmates. For instance, an injury that occurs while undertaking personal activities that are not pertinent to the organization cannot be included in the compensation benefits.

Civil actions address the issue of third-party claims rather than the workers’ compensation system. The scope of the benefits either varies from one state to another, or by the type of job involved. Notably, some states do not warrant compensation plans for people working for agricultural, domestic, and independent sectors (FindLaw, 2016). Other countries implement such programs based on a minimum number of workers. Finally, the article delves into the idea of hiring an attorney to cover issues related to work accidents and illnesses. The opinion of a professional counselor plays a significant role in shaping an organization’s compensation plan to avoid cases where uncovered employees raise civil claims.

George, K., & Walls, M. Workers’ comp issues to watch in 2019. ITL. Web.

The article discusses issues that need close examination by the worker’s compensation committee in a bid to streamline the insurance of employees against injuries, fatalities, and general health issues that may arise in the course of employment. George and Walls (2019) note that the Affordable Care Act continues to provide budgetary, legislative, and regulatory guidelines regarding the provision of health-related benefits to workers. The authors unveil that the 2018 polls have a significant effect on the compensation program for employees. The article outlines that various national bills were introduced to primarily address issues on post-traumatic disorders among workers. However, there is a need to emphasize improving death benefits for bereaved spouses even after remarriage.

The article highlights the psychology of pain, which is perceived to hold more significance than medication. The authors note that pain is often influenced by biopsychosocial and emotional factors that may aggravate anxiety, fear, and loss of self-control. The need for better healthcare has resulted in the promotion of a multidisciplinary treatment of pain and the provision of comprehensive care services in many states across the United States. The article also places of interest in the economic impact of providing health benefits to workers. The authors note a trend of increasing wages across the country despite a reduced rate of employment. This situation has resulted in a higher payroll, which implies increased compensation premiums. For instance, approximately 20 states improved their minimum wages by the start of this year, resulting in increased recompenses and related insurance premiums for workers.

Szymendera, S. D. (2016). Workers’ compensation: Overview and issues. Digital Commons. Web.

This article provides an overview of the issues regarding the provision of cash compensation or medical benefits to workers who suffer from injuries, illnesses, or death during employment in the United States. It accentuates that benefits should be rendered to the affected workers as a remedy to unfortunate events that may occur in the workplace (Szymendera, 2016). The article reveals that the workers’ compensation regulations protect almost all the employees in the United States except for a few federal and private sector groups in Texas and Oklahoma. It is outlined that employers should take full responsibility for providing their workers with appropriate compensation benefits by enrolling them in dependable insurance firms (Szymendera, 2016). It explicates the limited role of the government in providing employees with compensation benefits due to the existence of state laws.

The article also touches on the grand bargain where employees are encouraged to refrain from suing their employers for workplace accidents, sicknesses, or deaths provided proper compensation plans are implemented – some employers in Texas opt-out from providing insurance benefits. Nonsubscribers often establish private employee compensation plans, but most of them incur penalties due to forfeiture of occupational regulations on staff protection against workplace illnesses, injuries, and deaths (Szymendera, 2016). The article brings into light that most employers in Texas prefer coming up with alternative benefit plans through the establishment of flexible compensation systems at the organizational level. However, the author mentions such strategies are aligned with the individual needs of the workers to increase efficiency in the delivery of health benefits.

Texas Department of Insurance. (2016). New Texas’ two-step’ program aims to simplify worker’ comp disputes. Insurance Journal. 

This article provides an insight into a two-step workers’ compensation plan pursued by the Texas Division of Worker’s Compensation to ensure an efficient dispute resolution process in the workplace. It elucidates the need for a program to manage employee claims on complex issues in Texas. It emphasized three primary elements that should be taken into consideration in case a worker needs compensation, which include the degree of injury, impairment rating for the injury, and the timeframe for complete recovery (Texas Department of Insurance, 2016). The article accentuates that the participants in dispute can agree on the extent of impairment and projected time for maximum healing in case of a workplace injury. However, the medical officer in charge also has a chance to advise the parties on the feasible conditions for recovery, which may raise a need for adjustment of the existing recommendations.

The article confirms that the two-step approach to workers’ compensation is voluntary, and its applicability is based on a mutual agreement between both parties. It is also clear that an increasing number of organizations in Texas are adopting this plan because there is a benefit of handling issues separately (Texas Department of Insurance, 2016). The approach provides an opportunity for every involved party to present its viewpoints on the associated loss, injury, or illness. However, the article points out that some inefficiencies associated with the two-step approach often lead to delays in delivering justice to employees. It also unveils that the DWC authorities have recently been consulting with the attorneys to see if they can come up with a more feasible compensation plan.

Texas Department of Insurance. (2019). New Texas workers’ comp laws were highlighted by the insurance department. Insurance Journal. 

This article discusses the issues highlighted in an insurance regulator bulletin in Texas regarding the guidelines for worker’s compensation. It accentuates the need for participants to use actual bills for reference when completing the content of the legislation. The article also outlines various laws that emphasize the rights of employees. The first bill, House Bill 29, gives permits to selected physicians to offer therapeutic services without a referral for not more than 15 business days (Texas Department of Insurance, 2019). This chance depends on various academic qualifications, possession of appropriate licenses, and hours of continuing competence. This bill also highlights the need for therapists to acquire professional liability insurance to cover them against eventualities such as negligence and related claims that may be raised by their clients. House Bill 1665 touches on obsolete reporting requirements, omitting the necessity of filing DWC Form-84 by contractors. House Bill 2503 addresses first-responder death benefits by explaining the eligibility criteria for bereaved spouses.

The article mentions numerous medical care services exempted from particular employees, as outlined in the statutory compensation requirements in Senate Bill 935. This regulation requires insurance companies to settle the charges placed by the Federal Military Treatment Facilities (FMTF) based on federal law. The article highlights Senate Bill 2551, which seeks to provide insurance cover for firefighter teams against certain types of cancer that are perceived to emanate from exposure to extreme heat conditions, radiation, carcinogens, and smoke. It outlines various causal factors that result in the development of cancerous diseases in a bid to clarify that political establishments also have to comply with regulations under the Labor Code 408.221 by ensuring the remittance of compensation benefits related to income or the demise of an employee.

Walker, K. (2019). Workers’ compensation trends: Forces changing the face of the market. Willis Towers Watson. Web.

The article discusses workers’ compensation patterns and market forces that are constantly changing the industry’s dynamics. The author notes that registered nurses (RNs) feature on the top list of jobs with occupation-related injuries due to the laborious lifting and shifting of patients. This situation has led to the introduction of robotic exoskeletons to assist RNs to perform such duties conveniently, thereby avoiding crippling injuries resulting from side-stepping (Walker, 2019). Companies in the construction industry have also introduced protective gear such as helmets that vibrate to keep workers aware of potentially hazardous work settings. The article also highlights the integration of corporate return-to-work programs to encourage the injured workers to resume duties or assume alternative roles to reduce compensation costs for an organization. The author notes that there is a steady decline in workers’ compensation claims, which resonates with reduced accidents and illnesses in the US job market. The National Council on Compensation insurance notes an approximately 3% decline in the number of occupation-related injuries in 2019.

The article also highlights the key forces reshaping the workers’ compensation program, such as unskilled labor, aging workforce, changing technology landscape, and the involvement of private contractors, among others. Workplace violence and sexual harassment also result in grave injuries, rejection, and low self-esteem. Homicide is also highlighted as a top-rated cause of workplace-related injuries. In 2015 alone, this factor accounted for about 9% of occupational fatalities across the United States, rising to 17% in 2017. The article reveals that advanced medical technology is also playing an enormous role in controlling compensation plans. However, the issue of privacy should also be addressed if organizations have to use wearable devices as a preventive measure to workplace accidents. The article also seeks to show that the ever-changing occupational demographics have a notable impact on a company’s adaptation to new ways of protecting the worker.

References

FindLaw. (2016). Workers’ compensation overview. Small Business Law.

George, K., & Walls, M. Workers’ comp issues to watch in 2019. ITL.

Szymendera, S. D. (2016). Workers’ compensation: Overview and issues. Digital Commons. Web.

Texas Department of Insurance. (2016). New Texas’ two-step’ program aims to simplify worker’ comp disputes. Insurance Journal.

Texas Department of Insurance. (2019). New Texas workers’ comp laws highlighted by the insurance department. Insurance Journal.

Walker, K. (2019). Workers’ compensation trends: Forces changing the face of the market.Willis Towers Watson.

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