Battle brews in West Virginia
- The United Mine Workers of America has voiced its opposition to a proposed workers’ compensation bill in the West Virginia Legislature.
- The measure would amend the state’s deliberate intent law to cap economic damages at $250,000.
- Under the current law, injured workers can sue their bosses and recover damages if the bosses knowingly placed them in harm’s way.
- Workplace management would face no consequences under HB 3270, UMWA President Cecil Roberts said in a statement.
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Counties opposed to workers comp changes
- Counties in Maryland are resisting costly changes and the removal of offsets to workers’ compensation benefits in the state.
- The measure — SB 0377 — would expand existing eligibility for workers’ comp related to hearing loss, according to the Maryland Association of Counties.
- While expanded eligibility could cause challenges for employers due to the increased number of benefit claims, the changes to offset ability are concerning.
- The measure would void the ability to offset a workers’ compensation benefit and allow claimants to receive double benefits on the same claim, the association said.
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The Pine Tree State has lowest number of injuries
- Maine reported the highest rate of non-fatal workplace injuries in the U.S., according to the Bureau of Labor Statistics.
- Employers are required to report injuries to the OSHA, and participating states and territories share that data with the Bureau of Labor Statistics. BLS tallies the data and calculates the injury rate per 100 full-time workers.
- In 2021, Maine reported an incident rate of 4.7, that’s a 9% increase from 2020 when the rate was 4.3.
- The national average rate in 2021 was 2.9 and three states tied for the second-highest incident rate, — Washington, Oregon, and Vermont (3.8).
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New Jersey Supreme Court clarifies rules for brokers
- The Supreme Court of New Jersey confirmed a rule that insurance brokers inform new LLC members of the availability of workers’ comp coverage to members.
- The brokers have the right to elect coverage at the time of a workers’ compensation policy’s purchase or renewal.
- The court’s opinion clarifies the insurance broker’s duty in this context of workers’ compensation for LLC members.
- Workers’ comp coverage for LLCs must include notice of the availability of coverage along with notice that the coverage will not be provided unless specifically elected.
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