Business: Workers Comp Means Safety

Small Businesses: Safety Is Biggest Consideration

  • The Hanover Insurance Group has issued a 2024 report revealing that small business consider the cost of workers’ comp as one of their top concerns in their workers’ comp purchases.
  • The study also reveals that 45% of small businesses with more than one claim, place a greater emphasis on the risk management and claims handling.
  • Small businesses also take the safety of their employees very seriously. Over 90% provide safety training for their employees. They consider it as one of the most important services offered by the workers’ comp insurance.
  • The study finds that 67% of small businesses have faced a workers’ comp claim in the last five years. Small businesses with several workers’ comp claims were less likely to rate their safety programs as excellent.
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Companies Face Big Bucks for Misclassification

  • Misclassification of workers is costing companies in Texas and Virginia at least $1 million in combined violations.
  • The two companies incorrectly classified workers as independent contractors instead of employees, in violation of the Fair Labor Standards Act, according to the Department of Labor.
  • While these companies were cited for wage and hour violations, misclassification of workers is also used by employers to deny other benefits, including workers compensation benefits and safe workplaces. Employers will also misclassify workers’ to under cut the amount of workers’ comp premium they should pay.
  • The violations come in the wake of a final Department of Labor rule defining independent contractors.
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Nebraska Gets a New Judge

  • The Nebraska Workers Compensation Board has a new judge.
  • Governor Jim Pillen has appointed Brynne Hosten Puhl to the judgship vacated by a retiring judge.
  • WCB judges have state-wide jurisdiction, but are based in Lincoln.
  • Puhl has been an attorney with the law firm Atwood Law focusing on workers’ comp law. She has managed cases that were brought before the WCB.
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No Immunity for You

  • A Florida Court rules that Pepsi doesn’t get to invoke the workers’ comp immunity defense. Worker Giovanni Bastion was employed by company Bottling Group at a Pepsi plant when he was shot several times by a disgruntled employee.
  • He said he was going to file workers’ comp claim, but Bottling told its carrier to deny it stating that the injury occurred off premises. Bastien filed a lawsuit against Bottling to which Bottling Group said it had immunity.
  • The Florida Court of Appeals disagreed saying that Bastien acted within the law. He accepted Bottling Group’s denial, bore his own expenses, and then filed suit against Bottling Group. And because there was never a workers comp claim to contest, Bottling Group cannot claim immunity.
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