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Workers Compensation Essay
Workers’ compensation is the only means for workers to be able to support their families monetarily during the time of injury, which sometimes may be for a few months to a few years.
Many workers across America have had a negative, perhaps even slightly hostile, experience with workers’ compensation and have had the need to dispute certain aspects such as compensation, medical bill payment, and level of disability rating among other issues.
For this assignment, write an essay describing the benefit of the dispute process for the state that you live and/or work in.
Think about these questions when writing your essay:
Why is the dispute process even needed?
What are common causes of injured workers disputing the level of benefits or compensation?
What are the workers’ rights and responsibilities when dealing with disputes? · What is the root cause of disputes?
Is it a basic viewpoint of the accident situation in general, or is it a lack of communication, or inaccurate communication
between many different groups? Applied Sciences Homework Help.
How does the dispute process fit into the claims management process?
Your essay should be a minimum of five pages. At a minimum, the resources you identified in your Unit IV annotated bibliography should be used in your paper. The annotated bibliography itself will not be included as a part of the assignment, just the resources you identified. All sources used, including your textbook, must be cited and referenced following APA
guidelines, and your essay should be formatted in APA style to include a title page and reference page.
NOTE: Much of the dispute process may be reviewed on your state’s web page. Remember, the assignment is to show the
perceived benefits of the dispute process, not the actual description or purpose of the process.
Information about accessing the grading rubric for this assignment is provided below.
The state to be used is Texas
Occupational Injury and Illness Surveillance: Conceptual Filters Explain Underreporting
This article written in 2002 address’ how occupational health surveillance data are key to effective intervention yet the he US Bureau of Labor Statistics survey significantly underestimates the incidence of work-related injuries and illnesses. (Azaroff, Levenstein, & Wegman, 2002). The researchers concluded that the US Bureau of Labor Statistics survey does not have a comprehensive national surveillance system for occupational injuries and illnesses and lacking this system, major sources of US occupational health data include the Bureau of Labor Statistics (BLS) annual survey of occupational injuries and illnesses, workers’ compensation records, and physician reporting systems. produced by these systems have been described as fragmentary, unreliable, and inconsistent. Moreover, they have been shown to underestimate the incidence of work related injuries, illnesses, and even fatalities by as much as several hundred percent. (Azaroff, Levenstein, & Wegman, 2002) The researchers applied the filter model of Webb et al. to underreporting by the Bureau of Labor Statistics, workers’ compensation wage-replacement documents, physician reporting systems, and medical records of treatment charged to workers’ compensation. (Azaroff, Levenstein, & Wegman, 2002) They discovered that better methods to track the cases were needed as some were just lost during the process and that most workers typically risk negative consequences in order to get their claims actually filed. It was also found that due to the loss of claims and negative consequences that there were no actual steps to assist workers in filing of their claims and for the ones that do exist they weren’t helpful or barely existed at all. Applied Sciences Homework Help.
Compensating Workers for Permanent Partial Disabilities
This article address the major differences in different states and their workers’ compensation programs. Although workers’ compensation is the nation’s oldest social insurance program, it is less well understood than others. Perhaps the greatest variability is in how the jurisdictions compensate workers for permanent disability, particularly permanent partial disability. (Barth, 2004) A contributing factor is that the laws and administration of these programs vary by state. Even practitioners, who may be familiar with the application of the law within their own states, often have little knowledge about the workings of the laws in other jurisdictions (Barth, 2004). With the exception of Texas all states require that employers provide coverage for their employees in accordance with the state’s laws. Employers obtain coverage in one of three ways; purchasing insuracne from private carriers or competitive state based companies, self insure, or from the state operated insurance company which exists in four states. The basic approaches used by the states can be classified into four groupings; impairment-Based Approach, Loss-of-Earning-Capacity Approach, Wage-Loss Approach Bifurcated Approach. Although important differences exist within each group depending on the approach used, workers with similar injuries can receive substantially different amounts of benefits. Because compensating permanent partial disabilities frequently involves contention, the matters in dispute will depend on the approach used to determine benefits. The one issue all states agree on is that medical bills be aid for by the employer when an injury occurs on the job but there is tpically a 3-7 day waiting period for that to occur. The continuation of such differences in approach suggests that the states have not found a single “best practice” for determining what such benefits should be. (Barth, 2004)
TXANS tackle workers’ compensation
This article was written in order to discuss the organization TXANS, a nonprofit organization consisting of approximately 1,200 employers that have opted out of the state’s workers’ compensation system to provide a different option. Started in 1990, TXANS’ primary goals are to work with the state legislature to keep the system elective and to encourage members to develop effective employee injury benefit programs. (Christine, 1994) Those employers who are listed as “nonsubscriber” to the Texas workers’ compensation system, typically experience large cost savings. However, concurrent with this benefit is a significant risk: Nonsubscribing firms lose the statutory protections afforded by workers’ compensation, leaving them vulnerable to many types of negligence suits. (Christine, 1994) Those who choose to become nonsubscribers must provide insurance benefits to their employees bApplied Sciences Homework Help.ut must also maintain the safety standards as set forth by OSHA. TXANS requires that its’ members develop benefits that are equal to or greater than the benefits that state based workers comp programs provide. A survey conducted by Abilene Christian University demonstrates that TXANS members have been successful in creating their own programs. For example, although workers’ COMpensation coverage in Texas begins seven days after an injury, 91 percent of TXANS members begin paying benefits immediately. Also, nonsubscribing employers require a safety program compared to only 52 percent of subscribers. This emphasis on safety has reduced injuries and associated costs by 54 percent. And these savings can be accomplished at coverage rates that are 69 percent lower than the cost of workers’ compensation insurance. (Christine, 1994)
New Texas ‘Two-Step’ Program Aims to Simplify Workers’ Comp Disputes.
This article was written to address The Texas Division of Workers’ Compensation is taking a promising pilot program statewide to help simplify and speed resolution of some disputes. (Jones, 2020) No claim is the same so the program will have to take into account the difeerences that each individual case will undergo. The pilot program was started in 2015 and splits up related claim issues so that a hearing officer can decide the most far-reaching issue first. This can clear the way for secondary issues to be resolved sooner. So far, about half of the disputes accepted for the program have had a hearing, and a third of those have resulted in full agreement to resolve the dispute. (Jones, 2020) The Texas Workers Compensation Commissioner is hopeful about the program and its inception and ability to help the current system. When an injured employee has a dispute about a claim, it often involves three issues: extent of the injury, the date that the employee reached maximum medical improvement, and the impairment rating for the injury. Deputy Commissioner for Hearings Kerry Sullivan said even though extent of injury is a “threshold issue” that can affect the other issues, it was addressed at the same time as the other issues in the dispute process. (Jones, 2020). Although a voluntary program the option to participate in the program provides benefits to both the employee and employer. The option for this program is only used if both parties agree to use it and an agreement on the ratings can be reached. Applied Sciences Homework Help.
Texas lawmakers pass workers comp reforms
This artcle written in 2001, address’ how employers that opt out of the state workers compensation system will no longer be able to ask workers to waive their rights to sue for injury benefits under a measure passed in the final days of the state’s legislative session. This article also addresses how the a new piece of legislation would which would make the state’s workers comp fund a mutual insurer which means that it would be both a market of last resort and a competitive fund (Bradford, 2001). Since Texas, unlike all other states doesn’t require an employer to have workers’ compensation coverage this leaves an employer open to personal liability suits and a way to avoid this was to get employees to sign away their rights. H.B. 2600, sponsored by Sen. Robert Duncan, R-Lubbock, nullifies a recent Texas Supreme Court decision that upheld the right of employers that opt out of the state’s workers comp system to ask workers to sign the waivers. Non-subscribing employers typically have in place plans that provide benefits to injured workers, and some employers have sought to have workers waive their rights to additional benefits. (Bradford, 2001) This bill is important because although benefits should be given to those who actually protect their emloyees by providing some type of workers comp the state doesn’t want employers to use intimidation or other methods to convince employees to waive their rights. This could be especially important because Texas has a lot of immigrants and for employers that lean towards employing imigrants they could coherse them to work with no benefits if they don’t provide the translation. Applied Sciences Homework Help.
Trends in worker’ compensation
This article was written to address the issues within the workers’ compensation system and how corporations and the insuracne industry are rallying together to change laws to benefit thmeselves while hurting their employees and leaving them to end up on well fare after completion of benefits or resorting to violence. This article initially talks about employees who either murdered their boss and other employees and themselves after being told that they would no longer receive benefits from workers’ compensation even though they still needed the benefits and had received no compensation to sustain themselves or their families. The common issue with these employees was compensation laws have been passed denying injured workers the minimum financial sustenance they need to get healthy and go back to work. The laws are part of a nationwide attempt by the insurance industry and big business to gut individual state workers’ compensation systems. (McDonald & McDonald, 1997) While the “reform” has been disastrous for injured workers, employers and insurers have benefited. Changes in state workers’ compensation systems from 1991 to 1996 reaped $3.6 billion in savings nationwide, according to the National Council on Compensation Insurance, Inc. (McDonald & McDonald, 1997). The American Insurance Association (AIA) is already lobbying for additional “reforms” in several other states and these “reforms” will benefit the insurance companies as well as the businesses. Applied Sciences Homework Help. These so called reforms would limit what could be claimed Limiting or abolishing claims for nonscheduled soft-tissue-type injuries, repetitive motion injuries, and stress-related injuries, eliminating benefits for injuries related to preexisting conditions, pushing for the mandatory use of the American Medical Association (AMA) Guides, pushing for ironclad exclusive remedy provisions, Legislating attorneys out of the system to eliminate litigation costs in favor of alternative dispute resolution (McDonald & McDonald, 1997).
Barth, P. S. (2004, March). Compensating workers for permanent partial disabilities. Retrieved from Pro Quest Public Health Databse: https://search-proquest-com.libraryresources.waldorf.edu/publichealth/docview/227782154/5D3E993779A84E75PQ/1?accountid=40957
Bradford, M. (2001, June 4). Texas Lawmarkers pass workers comp reforms. Retrieved from Business Insurance Vol 35: https://go-gale-com.libraryresources.waldorf.edu/ps/retrieve.do?tabID=T003&resultListType=RESULT_LIST&searchResultsType=SingleTab&hitCount=13588&searchType=BasicSearchForm¤tPosition=63&docId=GALE%7CA75405484&docType=Brief+article&sort=Relevance&cont
Christine, B. (1994, April). TXANS tackle workers’ compensation. Retrieved from Gale OneFirle: https://go-gale-com.libraryresources.waldorf.edu/ps/i.do?p=PPIL&u=waldorfcoll&id=GALE|A15192957&v=2.1&it=r&sid=PPIL&asid=a1b63ac6
Jones, S. K. (2020, March 19). New Texas ‘Two-Step’ Program Aims to Simplify Workers’ Comp Disputes. Retrieved from Gale OneFile: https://go-gale-com.libraryresources.waldorf.edu/ps/retrieve.do?tabID=T003&resultListType=RESULT_LIST&searchResultsType=SingleTab&hitCount=1&searchType=BasicSearchForm¤tPosition=1&docId=GALE%7CA543099847&docType=Article&sort=Relevance&contentSegment
McDonald, G. R., & McDonald, L. A. (1997, October). Trends in worker’s compensation. Retrieved from GALE ONEFILE Criminal Justice: https://go-gale-com.libraryresources.waldorf.edu/ps/retrieve.do?tabID=T002&resultListType=RESULT_LIST&searchResultsType=SingleTab&hitCount=2737&searchType=BasicSearchForm¤tPosition=11&docId=GALE%7CA20018005&docType=Article&sort=Relevance&contentSegm. Applied Sciences Homework Help.