Page 87 - An Indispensible Resource for Being a Credible Activist

CHAPTER 5

LEGAL ISSUES CONCERNING COMPENSATION,

INSURANCE, LEAVE, AND OVERTIME

WORKERS’ COMPENSATION

Different states have different workers’ compensation (WC) laws that often change. Both
JAN at http://www.jan.wvu.edu/ and DOL at www.dol.gov have the updated information
you need to know. Find out what deadlines apply to your state for submitting workplace ill-
ness and injury paperwork to your WC insurance carrier.

❱❱ HELPFUL TIPS

1. Make laminated business cards for every employee with the following information to
keep in their wallets, at home, and at their desk. An example is shown in the HR
Tool entitled “Sample WC Card,” at the end of the chapter, on page 75.
Provide employees with at least three cards, and remind them periodically via
monthly themes on workplace safety and how WC works that they use these cards
for workplace injuries, not their private health insurance.
2. Have self-inking stamps made of the following:
° Your company’s full address
° The full address of the nearest medical provider/hospital/ER that provides medical
care for WC injuries and illnesses
° The full address of your WC carrier
You will be stamping this information on many forms, letters, and slips of paper
for WC paperwork and confused employees. You will also need to learn how your
short-term and long-term disability carrier policy addresses workplace injuries and
illnesses and if it does at all. You will also need to keep very careful records of any
workplace injury both on the form OSHA requires you to post annually (in a place
where employees can see it) listing every workplace injury or illness for that year, as
well as on copies of the injury report forms required by your WC carrier and anyone
else in your organization (legal department, supervisors, safety committee, employee
files). These forms contain confidential information such as social security numbers,
so you must consider them confidential and treat them accordingly.
3. You will also want to cultivate an excellent relationship with the various representa-
tives of your WC carrier, who may call you with questions about injuries if your
descriptions on the forms are not accurate enough. They will also call you (or not) to
schedule safety examination site visits of your offices and operations. If you have a

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