Bill would revamp, ‘modernize’ federal workers’ comp
Employers urged to protect workers from heat stress
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With the headline “Federal government seeks to take workers’ comp off ‘autopilot’, ” a July 21 piece at Risk & Insurance says, “As many state legislatures are looking at ways to revamp their workers’ comp systems, a similar move is afoot at the federal level.
“Earlier this month a congressional committee passed legislation to overhaul the federal workers’ comp program — the first such action in nearly 40 years.”
History and perspective
FedSmith.com provides some background and an example:
Since 1916, a workers’ compensation program has provided benefits to federal employees who suffer injuries or illnesses as the result of their work. The program, established by the Federal Employees’ Compensation Act (FECA), is operated by the Department of Labor and covers an estimated three million federal employees. During the last fiscal year, beneficiaries received nearly $3 billion in compensation.
The problem the Congressmen outlined as defining the need for the legislation is that the federal employees’ workers compensation program has not been updated in nearly 40 years which has led to a number of inefficiencies.
A couple of examples: Workers in rural areas often have limited access to medical care and only certain medical professionals can certify a worker’s disability. Additionally, compensation is often determined by outdated information that does not reflect the realities of the 21st century workplace.
Funeral expenses and disfigurement benefits
A July 13 account at Federal Times explains further aspects of the proposal: “HR 2465, the Federal Workers’ Compensation Modernization and Improvement Act, would provide up to $6,000 for funeral expenses when a federal employee dies from injuries sustained in the performance of his job. And a federal employee whose face, head or neck is severely disfigured in the line of duty would get up to $50,000, depending on how bad the disfigurement is.
Enhanced capacity for Labor Department to ID double-dippers
“The bill would also give the Labor Department more power to identify employees who illegally work elsewhere while receiving federal workers’ compensation. Labor would be able to check Social Security Administration earnings data for someone on workers’ comp to make sure he isn’t double-dipping.
Certification capabilities extended to physician assistants and nurse practitioners
“The bill would allow physician assistants and advanced practice nurses, such as nurse practitioners, to certify that someone has been disabled by a traumatic injury. That provision is expected to speed up the process for someone to receive disability benefits. The bill’s sponsors, such as committee chairman John Kline, R-Minn., said this will help federal workers in rural areas who often have limited access to medical care.”
Addressing workers hurt in zones ‘of armed conflict’ and as ‘result of terrorism’
A July 14 report from Insurance Journal adds that “The measure also streamlines the claims process for workers who sustain a traumatic injury in a designated zone of armed conflict; authorizes the labor department to collect administrative costs and expenses from the federal agency that employs the injured or ill worker; ensures injuries sustained as the result of terrorism are covered as a war-risk hazard; and provides additional support for funeral expenses (up to $6,000) and for workers who sustain an injury that leads to facial disfigurement (up to $50,000).”
Keeping workers safe when exposed to extreme heat
A timely piece at an insurance “trade journal” site reminds us to manage heat-related stress to keep workers safe and prevent unnecessary workers’ comp claims. The article cautions managers and employers to remember that heat-stress is not limited to outdoor workers:
Heat-related exposure includes not only heat cramps, heat exhaustion, fainting and heat stroke, but also injuries from falls, equipment operation and accidents that occur when a worker has sweaty palms or fogged safety glasses or becomes dizzy, disoriented or fatigued as a result of dehydration.
Studies show that dehydration levels of 2 percent of body weight or more impair visual motor tracking, short-term memory, attention and arithmetic efficiency. A 23 percent reduction in reaction time occurs at the 4 percent dehydration level. Such declines in cognitive performance significantly can increase the risk of work-related accidents.
The problem is not limited to those who work outside. Those who work around machinery and in confined spaces – such as mechanics, steamfitters, ship builders, plumbers, bakery workers, boiler room workers and drycleaners – can be at risk for heat stress.
According to the CDC, heat stress manifests in five major ways, from most dangerous to least:
- heat stroke
- heat exhaustion
- heat syncope (fainting, dizziness)
- heat cramps
- heat rash.
Recommendations for Employers
Employers should take the following steps to protect workers from heat stress:
- Schedule maintenance and repair jobs in hot areas for cooler months.
- Schedule hot jobs for the cooler part of the day.
- Acclimatize workers by exposing them for progressively longer periods to hot work environments.
- Reduce the physical demands of workers.
- Use relief workers or assign extra workers for physically demanding jobs.
- Provide cool water or liquids to workers.
- Avoid drinks with caffeine, alcohol, or large amounts of sugar.
- Provide rest periods with water breaks.
- Provide cool areas for use during break periods.
- Monitor workers who are at risk of heat stress.
- Provide heat stress training that includes information about:
- Worker risk
- Prevention
- Symptoms
- The importance of monitoring yourself and coworkers for symptoms
- Treatment
- Personal protective equipment
Next time: More info, resources for workers at risk of heat stress.
We can help you find an attorney
Frequently enough, a worker’s compensation case may be so complex as to demand legal representation. However, sometimes what seems like a cut-and-dried situation to an injured worker may result in a smaller award than envisioned–or even a denial. Have you, a friend or a loved one been injured on the job? Whether you’re merely seeking answers about your rights or believe a lawsuit may be necessary, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:
