Workers Comp, the Bright Spot

• Rates in many property casualty coverages are seeing rate increases with numerous factors playing a role.
• Rates could see as much as 20% jump in sectors with a tougher geographic and a expensive claim history.
• But workers’ comp is bucking this trend. This line could see a 5% drop and an a increase of a mere 2%, according to a major insurance analyst.
• Part of this may be the result of limited venues for both workers’ comp and general liability. Insurers tend to want to stay away from particularly more litigious markets, such as California and New York.
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WC Claims, the Heat is On

• When the heat exceeds 80 degrees in the Empire State , worker’ comp claims can jump by 45%, according to the State of New York Workers’ Comp Insurance Fund.
• Data gathered by NYSIF also show that the average claim was more severe and likely to cost more on hot days.
• Scientists blame climate change, warning that temperatures may continue to rise, and fossil fuel emissions trap more heat in the atmosphere.
• NYSIF warns that this study is not limited to those workers, who just work outside. The data reflects claims across all industries.
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NJ Targets Insurers Who Won’t Pay Their Bills

• The New Jersey Legislature has introduced a bill to expanding its’ uninsured employers fund to go after any principal owner of an employer for failure to pay workers’ comp claims.
• Employers already pay an an annual surcharge and are charged a $1000 penalty for failure to carry coverage.
• This bill will subject any principal owner of an employer to “joint and several liability…such that any penalty imposed shall be levied against any principle owner of the employer.
• The reach of the uninsured employers’ fund is expanded to pursue any workers’ comp benefits owed, via subrogation.
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Court: No PTSD Benefits

• A Washington State Appeals Court rules that a firefighter is not entitled to benefits, related to Post Traumatic Stress Disorder.
• Frank Shaw was a firefighter and paramedic for an agency from 1998 to 2007. He filed a workers’ comp claim for PTSD in 2015. A psychiatrist confirmed that Shaw’s PTDS was the result of working at his job.
• The law did not cover PTSD, so the claim was dismissed. The law changed in 2018, so Shaw refiled.
• The court rules that the legislature to did not make the law retroactive. Furthermore, the court opines that it is long-standing practice that the time of the diagnosis is when the clock starts, not at the time of the claim filing.
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