scholarly journals Modern Us Workers’ Compensation and Work-Related Injury: No Evidence of Moral Hazard

2020 ◽  
Author(s):  
Emiliano Huet-Vaughn ◽  
Youssef Benzarti
Keyword(s):  
Moral Hazard ◽  
Workers Compensation ◽  
Work Related ◽  
Work Related Injury

Impairment Tutorial: Rating Facial Disfigurement After an Injury

1998 ◽  
Vol 3 (4) ◽  
pp. 6-6
Author(s):  
Marc T. Taylor
Keyword(s):  
Current Work ◽  
Workers Compensation ◽  
Loss Of Function ◽  
Facial Disfigurement ◽  
Work Related ◽  
Work Related Injury ◽  
Compensation Claim ◽  
Impairment Ratings

Abstract This article discusses two important cases that involve the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides). First, in Vargas v Industrial Com’n of Arizona, a claimant had a pre-existing non–work-related injury to his right knee as well as a work-related injury, and the issue was apportionment of the pre-existing injury. The court held that, under Arizona's statute, the impairment from the pre-existing injury should be subtracted from the current work-related impairment. In the second case, Colorado courts addressed the issue of apportionment in a workers’ compensation claim in which the pre-existing injury was asymptomatic at the time of the work-related injury (Askey v Industrial Claim Appeals Office). In this case, the court held that the worker's benefits should not be reduced to account for an asymptomatic pre-existing condition that could not be rated accurately using the AMA Guides. The AMA Guides bases impairment ratings on anatomic or physiologic loss of function, and if an examinee presents with two or more sequential injuries and calculable impairments, the AMA Guides can be used to apportion between pre-existing and subsequent impairments. Courts often use the AMA Guides to decide statutorily determined benefits and are subject to interpretation by courts and administrative bodies whose interpretations may vary from state to state.

Underreporting of Work-Related Injury or Illness to Workers??? Compensation: Individual and Industry Factors

2006 ◽  
Vol 48 (9) ◽  
pp. 914-922 ◽  
Author(s):  
Z Joyce Fan ◽  
David K. Bonauto ◽  
Michael P. Foley ◽  
Barbara A. Silverstein
Keyword(s):  
Workers Compensation ◽  
Work Related ◽  
Work Related Injury

More than Meets the Eye: Social, Economic, and Emotional Impacts of Work-Related Injury and Illness

2008 ◽  
Vol 18 (3) ◽  
pp. 343-360 ◽  
Author(s):  
Michael B. Lax ◽  
Rosemary Klein
Keyword(s):  
Access To Health Care ◽  
Health Condition ◽  
Injured Workers ◽  
Workers Compensation ◽  
Occupational Illness ◽  
Work Related ◽  
Work Related Injury ◽  
Retirement Funds ◽  
Financial Impacts ◽  
The Impact

The impact of an occupational illness or injury on an injured worker can be severe. This study assessed several dimensions of the impact on a group of 50 injured workers, all patients at an Occupational Health Center. The dimensions assessed included aspects of access to health care, support from treating physicians in obtaining Workers' Compensation benefits, financial impacts, the role of attorneys and “Independent Medical Examiners,” and the impact on mental health. The results showed almost two-thirds of respondents lost their health insurance after diagnosis with a work-related illness or injury, most for more than a year. Many reported that their treating physician did not want to become involved in Workers' Compensation, despite indicating a belief that the health condition was work-related. The financial impacts of a work-related diagnosis were particularly striking, with respondents reporting that they were burdened with both costs directly related to the medical care of their condition, and with coping with ongoing general expenses on a reduced income. Many respondents reported depleting savings, borrowing money, taking out retirement funds, and declaring bankruptcy in efforts to cope. Emotionally, respondents almost universally reported their diagnosis and related issues were associated with depression, anxiety, and loss of identity and self-worth. This study demonstrates how a work-related injury or illness can extend far beyond the physical impact for injured workers. Existing systems fail to adequately compensate or rehabilitate injured workers, leaving them to their own devices to deal with their losses, medical or otherwise.

Literature Review

1997 ◽  
Vol 2 (1) ◽  
pp. 4-8
Author(s):  
James B. Talmage
Keyword(s):  
Workers Compensation ◽  
Body Parts ◽  
Injured Worker ◽  
Disability Benefits ◽  
Fourth Edition ◽  
Permanent Disability ◽  
Work Related ◽  
Work Related Injury ◽  
Whole Person ◽  
Compensation Law

Abstract Evaluating physicians should understand how their impairment evaluations are used, and to these ends Section 1.5 of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), Fourth Edition, discusses impairment and workers’ compensation. Permanent disability rewards may be paid according to a schedule that associates impairments of certain body parts, functions, or systems (eg, amputation or loss of sight or hearing) with specific awards. Typically, a schedule in the workers’ compensation law equates disability and a maximum number of weeks of benefits, but what occurs when an injured worker has both scheduled and unscheduled injuries? Under Colorado statute, scheduled injuries involve those to the neck, head, torso, and any injury not specifically enumerated in the statutory schedule. Because schedules usually do not cover all conditions following injuries, nonscheduled awards are available and are based on the extent of impairment, the nature of the injury, and the employee's occupation, experience, training, and age. The Colorado Supreme Court ruled that when a work-related injury results in both a scheduled and a nonscheduled injury, the scheduled injury must be converted to a whole person impairment rating and combined with the nonscheduled injury's whole person impairment when calculating permanent disability benefits. In its decision, the court relied heavily on and cited provisions in the AMA Guides.

Coverage Gaps and Cost-Shifting for Work-Related Injury and Illness: Who Bears the Financial Burden?

2019 ◽  
Vol 77 (3) ◽  
pp. 223-235
Author(s):  
Jeanne M. Sears ◽  
Amy T. Edmonds ◽  
Norma B. Coe
Keyword(s):  
Health Care ◽  
Occupational Injury ◽  
Financial Burden ◽  
Safety Net ◽  
Flow Diagram ◽  
Workers Compensation ◽  
Social Safety Net ◽  
Cost Shifting ◽  
Work Related ◽  
Work Related Injury

The heavy economic burden of work-related injury/illness falls not only on employers and workers’ compensation systems, but increasingly on health care systems, health and disability insurance, social safety net programs, and workers and their families. We present a flow diagram illustrating mechanisms responsible for the financial burden of occupational injury/illness borne by social safety net programs and by workers and their families, due to cost-shifting and gaps in workers’ compensation coverage. This flow diagram depicts various pathways leading to coverage gaps that may shift the burden of occupational injury/illness-related health care and disability costs ultimately to workers, particularly the most socioeconomically vulnerable. We describe existing research and important research gaps linked to specific pathways in the flow diagram. This flow diagram was developed to facilitate more detailed and comprehensive research into the financial burden imposed by work-related injury/illness, in order to focus policy efforts where improvement is most needed.

Work-related injury and illness in the Victorian healthcare sector: a retrospective analysis of workers' compensation claim records

2020 ◽  
Vol 44 (1) ◽  
pp. 24 ◽  
Author(s):  
Ting Xia ◽  
Alex Collie
Keyword(s):  
Social Workers ◽  
Social Care ◽  
Psychological Injury ◽  
Workers Compensation ◽  
Age Group ◽  
Work Related ◽  
Work Related Injury ◽  
Care Workers ◽  
Health And Social Care ◽  
Compensation Claim

Objective Health and social care workers have a significantly higher rate of work-related injury and illness than workers in other industries. The objective of this study was to examine the rate and distribution of work-related injury and illness in the Victorian health and social care sector by demographic, occupation and injury characteristics. Methods A retrospective cohort analysis was conducted of population-level workers’ compensation claim records, including 43910 claims from the Victorian health and social care over a 10-year period from 2006 to 2015. Negative binomial regression was used to compare claim rates between occupation categories. Results The 55–64 year age group had the highest injury rate compared with the 15–24 year age group (rate ratio 2.26; 95% confidence interval 1.91–2.68). Ambulance officers had the highest overall injury claim rates and had a fluctuating trend of musculoskeletal, psychological and neurological injury claims during the study period. Social workers had the second highest rate of psychological injury and up to threefold the risk of psychological injury compared with nurse professionals. Conclusions Although the greatest volume of claims was observed in nurses, ambulance officers and paramedics were at higher risk for injury, followed by social workers. The differential patterns of injury and illness among occupation groups suggests a need for primary and secondary prevention responses tailored by occupation. What is known about the topic? The health and social care industry is a large and diverse industry. Health and social care workers encounter unique occupational health risks, with exposure varying by occupation. What does this paper add? This study provides evidence of a high rate of work-related injury and illness among health and social care workers, with ambulance officers and social workers at highest risk. Notably, there are also high rates of psychological injury claims among these two occupations. What are the implications for policy makers? This study compares rates of compensable injury and illness in the Victorian health and social care sector by occupation. The study provides guidance on which occupations and which health conditions require greatest attention.

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