so you think you have a best practices workers' compensation program - giljum-parker 2012

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    So You Think You Have a BestPractices Workers

    Compensation Program?

    Midwest Employers Casualty CompanyDavid Parker, Practice LeaderPhil Giljum, Regional Account Manager

    June 1, 2012

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    Learning Objectives

    What is Best Practices and who defines it?

    Why is it important to always strive for BestPractices when you will probably never get all

    the way there

    Key components, too many to count

    Is your program at Best Practices level?

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    Best Practices

    Unofficially, Best Practices is: Always evolving and the list keeps growing

    Realizing that not everything fits well for everyorganization

    Something that someone says it is

    Something that works

    Probably impossible to achieve fully

    Is all of the above and then some

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    If it is nearly impossible to ever get allthe way to Best Practices level

    completely, why bother?

    Self Insurance. Its your money!

    Required for certain accreditations

    Sets the tone for company culture of caringfor its employees

    Enhances marketing advantages

    Improves employee recruitment andretention

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    Key Components

    of Best Practices Programs

    Can be different depending on your respectiveindustry

    Will be different depending on your company culture

    Too many components to count or review today

    In order to be completely effective it requires visibleand real commitment at all levels, from top

    management down

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    Key Components

    of Best Practices Programs

    Program Coordination

    Employee Health and Wellness

    Safety and Loss Prevention Claims Administration (includes Medical Management)

    Medical Management

    Return to Work Programs Data Management, Benchmarking, Goal Setting

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    Program Coordination

    Who has oversight for the Workers Compensation

    program internally?

    Are they well respected, highly motivated,

    knowledgeable about WC issues and laws, possessexcellent communication skills, empowered to influenceculture and company decisions?

    Who are their supporting players within your

    organization? (HR, finance, safety team/committee,management, supervisors, peer employees)

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    Program Coordination

    Are all the players trained and retrained regularly onworkers compensation issues and laws, along with

    your company policies and who does the training?

    Who are your insurance partners: insurance agents,claims administration company, excess insurancecarrier, attorneys, managed care, other vendors

    How often do you meet with them and why?

    Do you utilize them for education, training, keeping youup to date on current issues and changing laws?

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    Program Coordination

    Do your insurance partners make resources availableto you?

    Do they follow Best Practices standards and how do

    you know? What is your process of monitoring their work on your

    behalf?

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    Program Coordination

    Management Commitment:

    Visible presence sets tone: reinforces that employeesafety is a top priority for the organization

    Attend safety team/committee meetings

    Discuss workers compensation results and success

    stories at company meetings

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    Program Coordination

    Management Commitment:

    Author and issue the official workers compensation

    policy statement

    Get well cards, encourage employee suggestions, leadby example

    Did I mention? Be visible, very visible!

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    Program Coordination

    Funding:

    Where do the funds come from to cover the workers

    compensation claim and program costs?

    Partial or fully funded and what do you include in thecalculations? Annual actuarial analyses?

    Include Indirect Costs when evaluating the Total Costof Risk of your workers compensation program

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    Program Coordination

    Funding:

    Consideration of Profit or Operating Margins

    How do you make your business case to finance and

    top management as it relates to funding?

    Cost Allocation

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    Employee Health and Wellness

    Keeping in mind the basic obligation to ensureworkers physical abilities are equal to the duties

    they are expected to perform, you may wish to:

    Hire quality individuals to start Continue with Health Risk Assessments, but make

    sure to include family members and then link successto achievement of outcomes like weight reduction,blood pressure, smoking cessation, etc.

    Include mental and marital promotion in programs

    Consider having PT or industrial clinic physician onsite a few days a week

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    Employee Health and Wellness

    Acknowledge the Aging Workforce and address issuesof productivity, workplace injuries and institutionalknowledge

    Institute a Movement in the Workplace program as

    employees on average will sit 9.3 hours each day.People who sit 6 or more hours each day are 40% more likely todie within 15 years than a person who sits 3 hours per day.(Stanford Center on Longevity)

    Use stairways instead of elevators Consider treadmill workstations, encourage standing

    when reading documents, or attending meetings

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    Employee Health and Wellness

    Create workplace and personal policies to discourageunhealthy behaviors such as smoking and alcohol use,fast food, medication compliance, staying indoors formost recreation

    Exercise classes on site and funding of gymmemberships

    Provide employees with newsletters and bookletsinvolving medical self care tips

    Institute simple stretching exercises at regular intervalsat work can help to ensure employees are prepared torespond to work situations

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    Realize that training and education are different.Education is information taught, while training isobserving in practice the information that was taught

    Supervisory and peer observation

    Provide training to

    new employees, experienced employees, agingemployees, supervisors

    when new equipment is involved, new policiesimplemented, after an injury occurs that is specific to thatinjury cause or body part involved, when near missesreported, change in work assignment

    Safety and Loss Prevention

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    Safety and Loss Prevention

    Constant review of back injury, slip/trip/fall and motorvehicle policies as they are the costliest

    Enforce your own policies and procedures

    Ask management to lead by example

    Make use of vendor partners and their resources asemployees may be more likely to value coming froman outside source

    Develop and regularly use self inspection checklists

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    Safety and Loss Prevention

    Discuss importance of safety in the interview processwith potential employees

    Keep it creative and visible by using posters and

    handouts that are eye catching, witty or simple. Changetopics frequently and at least every month

    Dear John or Stall Street Journal in the bathrooms

    where you have a captive audience

    Consider incentives if it makes sense for your culture butmake sure that they are linked to outcomes and orinclude suggestions for improvement

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    Safety and Loss Prevention

    Your supervisors hold your checkbook in their hands asthey are the face of the organization, especially after aninjury occurs

    Supervisors are crucial to controlling claim costs bybeing empathetic to the injured work and getting theclaims process put into motion by reporting the injuryinternally immediately after it occurs

    Must fully support your Return To Work program Have a big say in whether a claim becomes litigated

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    Safety and Loss Prevention

    Supervisors and Accident Investigation: Dont hesitate to ask questions and dont rely only onTPA to conduct investigation

    Keep disposable/digital cameras on hand for photos

    Critical to get to the ROOT CAUSE. Dont settle forthe first answer or thought as the root cause. Aneasy way to get to the root cause is by using the5 Whys method. Keep asking Why until you cant

    ask any longerComponents

    Task, Material, Environment, Personnel, Management

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    Safety and Loss Prevention

    Supervisors and Accident Investigation: Root Cause Identification leads to Corrective Action

    Start with root cause and then define the Action Planto help correct or eliminate the weakness

    Create ownership by assigning tasks with due dates

    Track and monitor progress and make sure tocommunicate any new related policy to employees

    Require completed supervisory accident investigationand corrective action plan forms for all injuries

    Dont forget NEAR MISSES as part of this process

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    Claims Administration

    Important to get all claims reported to your claimsservicing company immediately after the injury. Claimcosts go up with every passing day. So even if youhave only minimal information, report the injury to yourTPA as soon as possible. Best Practices, while

    difficult, would be within 24 hours

    Let your TPA be the bad guy when it comes tocompensability decisions

    Gain an understanding of workers compensationregulations and case law from your attorneys whoactually handle your claims

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    Claims Administration

    Hold regular file reviews with your TPA to include openclaims, settlements and large payments made

    Establish guidelines for reserving and settlementauthority where appropriate

    Ask your TPA claim handlers or supervisors to visityour facilities to gain a better understanding of youroperations and job hazards

    Attend settlement or trial sessions on your claims ifallowed by presiding authority

    Position complex or high dollar claims for defense orsettlement

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    Claims Administration

    Utilize all available managed care options availableespecially since medical costs are expected to benearly 60% of every dollar spent on your claims

    Participate in prescription drug review programs

    Train internal staff on first aid basics and considerhire of nurse employee to conduct initial triage ofnon-emergency type injuries

    Be aware of employee referral network

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    Claims Administration

    Try to understand Medicare Set Aside process Ask your attorneys to provide educational sessions

    annually to your internal staff on WC basics andchanging laws

    Aggressively pursue suspected fraudulent claims

    Trend and track your injuries and use informationgained to direct loss prevention and training

    Ask supervisors to contact employees weekly whileoff work and frequently upon their return to work

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    Claims Administration

    Send supervisors to emergency room visits toensure information being shared properly while alsopromoting your caring culture towards employees

    Reinforce to employees the need to report all injuries

    immediately, regardless of whether treatment sought

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    Return to Work Programs

    Are the most effective counter to a host of moralhazards that keep employees from returning

    Are the only immediate and effective balance to fullsalary continuation programs

    Strongly influence the cost of medical Provides an employee for 1/3 of the cost you would

    already be paying 2/3 for them to sit at home (if theyjust sit at home)

    Require physicians to focus upon work restrictionsinstead of just off work

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    Return to Work Programs

    Best Practices traits include: Written transitional duty plan agreed to by employee in

    writing which include start and end dates

    Uniformly applied through all departments which may

    require light duty jobs to be cross departmentalized Involves meaningful work that actually needs to be

    done and is beneficial to the organization

    Creation of a bank of those same meaningful jobs with

    written job descriptions which can then be given totreating providers at time of office visit creating pro-active position rather than reactive

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    Return to Work Programs

    Require treating provider come out to visit yourfacilities to gain understanding of job types andhazards along with physical requirements

    Importance of employee to the organization isstressed repeatedly

    Utilize individualized functional assessments ifnecessary along with analysis of physicalrequirements of job in question to then use to informtreating providers in consideration of light duty

    Ask employees to come into facility to pick up TTDcheck as compared to mailing

    Communication both internally and externally is key

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    Data Management

    So now your organization is doing all the right things.

    How do you know?

    Do you collect data and if so, from what sources?

    How often do you want new data sets?

    What do you do with this data?

    What benchmarking methods willyou use?

    What goals will you set?

    How much data will you share withemployees?

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    Data Management

    Data sources include: Claims servicing company (TPA)

    Internal systems and reporting forms

    OSHA logs

    Excess workers compensation carrier

    Treating providers

    Managed care providers

    Insurance agents

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    Data Management

    In an effort to increase profitability or preserveoperating margin, reducing the expense associatedwith accidents is critical

    Tracking / trending of data gathered by various

    metrics including department, loss cause, body type,reporting lag time, average cost per claim, payroll,loss dollars, paid / incurred, department or location,age of employee, tenure of employee, job type, etc.

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    Data Management

    Tracking and trending of these and other data setscan give you a clearer picture of what is happeningwithin your claims and help address allocation offuture time and resources to address improvement

    Tracking / trending should be done quarterly at aminimum and ideally would be done monthly andselected results should be shared with employees

    Results should be communicated to senior

    management, safety committees, HR and everyoneinvolved in oversight of WC including dept.management and supervisors

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    Data Management

    Should be used to set and communicate realisticclaim frequency reduction goals as well as measureeffectiveness of initiatives put into place at variouspoints in time

    Should be evaluated in such a fashion to allow foractionable and follow up items

    Benchmarking your program against yourself is fine.Benchmarking your program against your peers is

    Best Practices

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    Data Management

    Ask your insurance partners what kind ofbenchmarking data sets are available to you

    Talk to your industry peers, review their websites,attend conferences and roundtables, read blogs as

    you need to know what others are doing that isperceived as producing positive results

    Industry specific benchmarking availability

    Research Best Practices standards for your industry

    and perform related self assessment

    So how does your program compare

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    So how does your program compare

    to Best Practices?

    Your organization is the best judge of what BestPractices standards to strive to achieve, and

    These standards are judged to be Best Practices for areason, because

    They have produced positive results for someone atsome point in time, so

    Have you done a self assessment of the Best Practicestandards most important to your organization?

    Remember, you are self insured for a reason. Theyare your employees, their claims are your claims, andit is your organizations money being spent

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    MECC Online ServicesSafetyLibrary

    A collection ofindustry specific,

    safety resources inan easy to use and

    customizableonline format

    ResearchLink

    A medical/researchreserving and return

    to work tool thatincludes 300 of themost common work

    related injuries

    SafetyTrainer

    Over 100 industryspecific online

    safety coursesmany available

    in Spanish

    WebEvents

    Regulatory andindustry specific

    events. All recordedand archived to

    view at yourconvenience

    For more information or to obtain aUsername & Password

    Email: [email protected]: 1-877-975-2667 (ask to speak with a Client Services Coordinator)

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    David ParkerPractice Leader

    [email protected]

    Phil GiljumRegional Account Manager

    [email protected]

    mailto:[email protected]:[email protected]:[email protected]:[email protected]