The Reschini Blog: Workers’ Comp and the Pandemic
Believe it or not, 2020 may not have been such a bad year for workers’ compensation insurers and insureds after all.
The National Council on Compensation Insurance (NCCI) looked at results through the third quarter of 2020 and extended those through the end of the year, using data from private carriers and state funds in 41 jurisdictions. The NCCI figures are calendar year and do not reflect the full costs of treating COVID-19 or other health conditions with long-term effects.
Overall for 2020, NCCI found:
- Worker claims due to COVID-19 have ranged from no symptoms to critical care, hospitalizations and, unfortunately, fatalities in some cases.
- The overall COVID-19 claims picture is by no means dire, with the majority of cases only requiring the injured worker to miss work and quarantine or recover at home.
- About 80% of the COVID claimants received very limited treatment, with 20% admitted to the hospital, representing the costliest and most complicated cases.
- The typical COVID inpatient stay lasts on average about seven to eight days.
- The majority of workers filing COVID workers’ compensation claims were women, at nearly 70%. These claimants are also generally older than the typical injured worker, with a large share age 55 years and older.
- Also, injured workers who contracted COVID-19 and required medical treatment were more likely to have comorbidities such as hypertension and chronic pulmonary disorder.
- COVID-19 claims were predominantly among frontline workers, first responders, healthcare and other essential workers, and teachers.
As the Delta variant surges across the U.S., it will be important to see how trends impacting workers’ compensation claims mirror or diverge from those seen from the initial round of COVID-19.For more information, contact the workers’ compensation experts at The Reschini Group.Download our resources about Workers Comp and COVID:
Copyright 2021 The Reschini GroupThe Reschini Group provides these updates for information only, and does not provide legal advice. To make decisions regarding insurance matters, please consult directly with a licensed insurance professional or firm.
The Reschini Blog: How to Avoid Being Zoom-Bombed
In the age of COVID-19, platforms like Zoom, Skype, Blackboard Collaborate, Microsoft Teams, and WebEx have been lifesavers for businesses, schools, and families. But, regrettably, the emergence and widespread adoption of these wonderful tools have also enabled the rise of those who would use them to break in uninvited, to steal information and data for their own purposes.
Such video-conferencing hijackers practice what has been dubbed “Zoom-bombing,” or the act of disrupting a virtual meeting with graphic or threatening messages or actions, including hate speech or pornographic images. Beyond being incredibly annoying and hurtful, such intrusions can also cause liability exposure based on the highly offensive harassment.Protecting innocent users against these disruptions is both a moral and legal obligation, as state and federal civil rights laws require businesses, organizations, and public entities to prevent discriminatory harassment. So how can you avoid being Zoom-bombed? Here are some suggestions:
- Know and test the technology first.
- Use options that require authenticated users only.
- Make all meetings private, with controlled admission.
- Only share the link to the room with those invited.
- Disable the "join before host" setting.
- Restrict screen-sharing options to the host only.
- Use the latest technology with updated security enhancements.
Our society, educational system, and business communities have survived the pandemic by leveraging the incredible power of these video-conferencing tools. Their staying power in a post-COVID world is guaranteed. That makes it all the more essential for users to remain vigilant in protecting themselves and those who they invite to join them online.Contact The Reschini Group for information on insurance-related matters affecting your organization.Copyright 2021 The Reschini GroupThe Reschini Group provides these updates for information only, and does not provide legal advice. To make decisions regarding insurance matters, please consult directly with a licensed insurance professional or firm.Source: https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/avoiding-zoom-bombing-in-the-new-age-of-meetings.aspx
The Reschini Blog: Nursing Home Turnover Presents Fresh Challenges
One of the more obvious ramifications of COVID-19 has been seen in high rates of staff turnover at nursing homes. But that trend had been in place long before the pandemic, with the median staff turnover at U.S. nursing homes of 94% and a mean rate of 128% in 2017 and 2018, according to industry journal Health Affairs.
Mean rates exceeded 100% across all three primary employee types studied — registered nurses (140.7%), certified nursing assistants (129.1%), and licensed practical nurses (114.1%).With facilities suffering this rate of turnover, exposure to lawsuits and insurance claims asserting wrongful termination or unsafe on-the-job conditions – especially in the era of pandemic – could escalate. Take, for example, a claim filed in 2018 that was never pursued to resolution. The claimant’s attorney picks up the case again in 2021, but the specifics of the situation have been lost to memory and time.Refuting those challenges becomes difficult, if not impossible, opening the door to financial exposure for the nursing home facility.Situations like this – which are not as rare as one might think – only serve to emphasize the need for diligent, comprehensive, up-to-date record keeping regarding all employees, their performance records, any disciplinary actions required, and the details of how their employment ends. Only documentation like this can prevent or limit potential damages being charged to the employer.An escalating rate of turnover cannot be used as an excuse for substandard record-keeping.Contact The Reschini Group for information on insurance-related matters affecting your organization.Download these resources about turnover and employment tracking:
Contact The Reschini Group with your questions or concerns regarding a need for Employment Practices Liability Insurance (EPLI).
Copyright 2021 The Reschini GroupThe Reschini Group provides these updates for information only, and does not provide legal advice. To make decisions regarding insurance matters, please consult directly with a licensed insurance professional or firm.Source: https://skillednursingnews.com/2021/03/nursing-homes-have-94-staff-turnover-rate-with-even-higher-churn-at-low-rated-facilities/
Benefits Blog: Benefits Adjustments Based on COVID-19
As the COVID-19 pandemic continues, national benefits experts have determined that 20% of employers need support in updating their benefits programs to accommodate the changes the virus has created. Here are some of the most common changes being considered for 2021 and beyond.
Potential Cost Increases and Plan Designs – Health care premium costs have increased at a steady rate over the past few years, with the most recent average increase being around 6%. Despite many health care providers having waived fees associated with COVID-19 testing, those costs will likely trickle down in the long run.Employers will need to evaluate their unique circumstances and consider whether they need to shift some of their cost-sharing burden with a new plan design.Mental Health Benefits – According to a survey from a major mental health provider, nearly 7 in 10 employees cited the COVID-19 pandemic as the most stressful time in their careers. As employees return to work, many are experiencing financial hardship, balancing new caregiving responsibilities, managing concerns over their physical and mental well-being. Employers should consider offering or revamping an existing employee assistance program (EAP) and expanding mental health resources.Flexible Workplace Benefits – Even before the COVID-19 pandemic, employers were feeling the pressure to provide flexible workplace benefits. As such, employees are likely looking for expanded flexible work benefits, including:- Work-from-home – While not always feasible, employees who may already be working from home due to the pandemic or are equally as productive from home may expect to continue to do so.- Flexible work hours – Flexible work hours or alternative schedules during these uncertain times and moving forward may help employees balance their various responsibilities, and prioritize their health.Virtual Open Enrollment – Traditionally held in the office during a specific time frame, organizations could instead hold town hall meetings and provide regular communications on open enrollment, and plan to conduct it virtually as necessary.For more information surrounding the employee benefits landscape post-coronavirus or how to prepare for an alternative open enrollment approach, today.Related Resources from The Reschini Group:Idea sheet regarding helping reduce COVID-19 related stress in the workforce. Easing Employee Stress Surrounding the Coronavirus Pandemic_ The EAP and Return to Work plans post pandemic - a starting guide. Post-coronavirus Return-to-Work Plans and EAPs
Copyright 2021 The Reschini GroupThe Reschini Group provides these updates for information only, and does not provide legal advice. To make decisions regarding insurance matters, please consult directly with a licensed insurance professional or firm.
The Reschini Blog: Preparing for COVID-19 Lawsuits and Claims
According to national human resources and legal experts, employers can expect to face many lawsuits and claims related to COVID-19 from infected or laid-off employees and families of deceased workers in the coming months. Claims for gross negligence, wage and hour oversights, discrimination, and layoff-notice discrepancies are possible.
Workers Compensation claims are being submitted to insurers and tracked by rate-making or -reporting bodies at the state level. WC laws vary by state, as they relate to communicable diseases, with some state legislatures enacting laws to expand statutes related to COVID-19 claims.Uncertainty about whether workers' compensation will apply to COVID-19-related illnesses remains at the federal and state levels. For that reason, employers would be wise to do all they can to limit potential liability, legal experts advise. The best way for employers to do this is by following all guidance from the U.S. Centers for Disease Control and Prevention (CDC), state and local health departments, and the Occupational Safety and Health Administration.Exposure to lawsuits and claims could take a number of specific paths:
- Employers should expect a wave of workers' compensation claims from employees who have contracted COVID-19, claiming that they contracted the virus while at work. Causation should be easier to prove with someone who worked at a facility that continued operating after multiple employees tested positive for COVID-19 than with an individual who worked at a site with one previously confirmed case in a location far from that person.
- In states that exclude flu-like illnesses from workers' compensation coverage, employees might still bring negligence claims, or their families could still allege wrongful death, since workers' compensation laws' exclusive remedy provisions wouldn't apply.
- Laid-off workers may claim discrimination. Reduction-in-force decisions can impact older workers disproportionately because they tend to be the most highly compensated.
- The Americans with Disabilities Act may come into play, as well, if an employer denies a COVID-19 related accommodation.
- There also could be Occupational Safety and Health Act retaliation claims from workers who contend that they were let go after refusing to return to an unsafe workplace.
The best advice to policyholders is to submit all claims promptly to get an initial coverage determination. Waiting makes it harder to gather critical information to manage costs and losses later. The professionals at The Reschini Group can expertly advise any public or private company on crafting the proper coverage, or anticipating how current coverage terms will be able to handle COVID-19 related claims as they are presented. Contact us today to learn more.Related Resources from The Reschini Group:Read an update from OSHA about COVID-related preparedness in the workplace. OSHA Issues Prevention Guidance on COVID-19 in the Workplace 2.1.21 Read a primer about gathering information related to Workers Compensation Claims. WCI- The First 24 Hours After an Injury Watch a video regarding latest trends in litigation related to COVID-19 and the resulting economic impact. (LINK: https://www.reschini.com/litigation-trends-regarding-covid-19/ )
Copyright 2021 The Reschini GroupThe Reschini Group provides these updates for information only, and does not provide legal advice. To make decisions regarding insurance matters, please consult directly with a licensed insurance professional or firm.Source: https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/coronavirus-wide-range-of-lawsuits.aspx
The Reschini Blog: Preparing for Covid Claims
Covid-19 has placed a spotlight on insurers, who have been preparing for the waves of inquiries and claims across multiple categories of coverage.
Many insurers, following the 2003 SARS outbreak, introduced exclusion clauses for communicable diseases and epidemics/pandemics into most non-life products such as business interruption and travel insurance.
Because business interruption policies usually pay out only if physical damage occurs to an organization's assets or operations, coronavirus-related claims may not be covered. Claims and related litigation have already begun and the marketplace is reacting.Travel insurance may offer cover if a customer is diagnosed with the virus before or during a trip, but not for travel cancelled because of the pandemic. The lone exception would be if the policyholder has taken out premium “any cause” cover, but very few do. The pandemic may actually spur increased interest in such premium policies.Two major areas to watch are trade credit insurance and workers compensation.Trade credit insurance covers businesses against debts that can’t be paid by customers or suppliers. Small-to-medium sized businesses could be hit hard due to supply chain disruption and a crunch in business levels. The cost may hinge on the extent of the pandemic and government restrictions on non-essential businesses. Claim activity in this sector could spiral quickly.Regarding workers' compensation, claims could rise from employees asserting they were not adequately protected by their employers against exposure to the virus brought about by their normal working duties. Insurers offering this type of coverage to employers should prepare for this level of increased activity.The professionals at The Reschini Group can guide you in determining how best to safeguard your organization against exposure in the wake of Covid-19.Source: https://home.kpmg/xx/en/home/insights/2020/03/do-insurers-have-covid-19-covered.html
Copyright 2021 The Reschini GroupThe Reschini Group provides these updates for information only, and does not provide legal advice. To make decisions regarding insurance matters, please consult directly with a licensed insurance professional or firm.