Workers can exercise their litigious rights
- A worker whose rights have been violated can file a civil lawsuit for reinstatement, lost wages and benefits, mental anguish, and even punitive damages.
- The worker also has the right to a jury trial. Other states, such as Florida, Illinois, and New Jersey, similarly permit a claimant to file a lawsuit for retaliation.
- Certain states, instead, allow claims to be made to their administrative agencies.
- New York permits an administrative complaint of retaliation with the New York Worker’s Compensation Board, which may order a worker’s reinstatement.
Decrease in Lousiana
- Louisiana Insurance Commissioner Jim Donelon recently approved the annual loss cost filing of the NCCI for a -12.2% reduction in workers’ compensation rates.
- The decrease, which takes effect May 1, 2023, continues the downward trend experienced in nine of the last 10 years.
- Workers’ compensation rates have dipped over the past two decades, with a combined decrease of minus 35% over the past five years, minus 47% over the past 10, and minus 63% over the past 20 years.
- The total Louisiana workers’ compensation insurance market in 2022 is estimated to have about $850 million in written premiums.
DOB responds to recent tragedies
- The New York City Department of Buildings announced a new winter construction safety campaign after four construction-worker fatalities at building sites throughout the city.
- All of the 40,000 permitted work sites in the city will be subject to ongoing enforcement sweeps and educational outreach through February.
- DOB inspectors will walk the site looking for unsafe conditions, distribute multilingual educational materials to construction workers about avoiding hazards, and talk directly to workers.
- Worker falls were responsible for eight of the ten building construction fatalities that have taken place in New York City in 2022.
Injury triage can help reduce claims
- Research shows that delayed reporting of workplace injuries can increase the cost of workers’ compensation claims for the company by up to 51%.
- That can impact employees and a company’s bottom line.
- Injury triage helps manage and reduce claims and about 40% of worksite injuries, first aid, or self-care can be used to reduce or eliminate emergency room fees.
- When necessary, injury triage will refer injured employees to in-network facilities to take advantage of prenegotiated fees.