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Texas Workers Compensation Cases Involving SIBS Payments

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Job Finding Services are perfect for those Texas Workers compensation cases where the injured worker is receiving SIBS.  Those injured workers, or claimants, receiving SIBS are REQUIRED to look for and accept suitable employment. 

The qualifications for this program are a perfect match for a typical case that benefits from Job finding services.  15% or more impairment rating, physically demanding, relatively high paying blue collar positions.  

The limit for benefits is 401 weeks from the date of injury, approximately 7.5 years.  

http://www.tdi.state.tx.us/pubs/wcreg/2-1.html

Case Example:

Assuming a back injury with impairment rating of 15% or more.

Over 45% of back injuries with a rating of 15% or more go the full 104 weeks before reaching statuatory MMI.  Then, assuming this impairment rating, IIB benefits would be paid for 45 weeks.  Then the injured worker can apply for SIBS, which could continue for an additional  252 weeks of payments before reaching the 401 week limit. 

Therefore, using the current average weekly wage of 773/wk,  payments of 618.40 would be paid before reaching the 401 week threshold.  A total of  $155,836.80 in SIBS payments to the injured worker. 

Keep in mind, only 69% of these cases go the 104 weeks before reaching MMI, so the SIBS payments could begin earlier, and last longer.  

See below, information taken form the Texas site with regard to Workers compensation SIBS program. 

Changes to the Supplemental Income Benefits Application Process - for SIBs qualifying periods beginning on or after July 1, 2009.

Supplement Income Benefits (SIBs) are income benefits that you apply for quarterly (4 times per year, or every 3 months) and are paid monthly to injured employees that meet specific eligibility requirements.

You may be entitled to SIBs if you meet the following entitlement requirements:

  • you have an impairment rating of 15 percent or more;
  • you have not returned to work because of your impairment, or you have returned to work but are earning less than 80 percent of the average weekly wage because of the impairment;
  • you have made a good faith effort to find a job that matches your abilities to work; and
  • you did not take your impairment income benefits in a lump sum payment.

Texas has some very specific requirements with regard to the injured worker seeking re-employment.  Each time they apply for their SIBS benefits (quarterly) they are required to supply details of their search for work.  Our

Auto Claims And Loss of Earning Capacity Claims

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In most US States, auto insurance operates under a traditional fault system.  In an attempt to reduce costly court expenses over the determination of fault, 13 states have moved to an alternative no-fault system with regard to auto claims.  The states that have chosen to go this no-fault route are as follows:  Colorado, Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah. If you work cases in these states, they each have a different take on how they have implemented this no fault system, refer to your state sites for specifics.

Generally, loss of earning capacity claims involve a bodily injury resulting in permanent injury that hinders the claimants ability to work in their current position at the time of the injury. 

If you deal with auto claims in these states you may have Loss of Earning Capacity or wage-loss claims filed that can cost you a pretty penny.   Therefore, return to work options can be a cost containment option when it comes to reducing that part of the claim. 

As with Workers compensation law, the law has many variations between each states specifically. You will want to refer to your states individual laws and regulations with regard to deciding what type of return to work option best fits each case, claimant and jurisdiction. 

Workers Compensation- Cases Closed

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Depending on the laws in your particular state, you may be able to close your most expensive cases by using a job finding service.  The examples below have been cleared of any and all personal file information and details. 

Common case statistics:

Claimant is usually between the ages of 38 and 52, high school education, physically demanding or repetitive occupation, relatively high-paying blue collar occupation.  

Common injuries are carpal tunnel, rotator cuff and lower back/soft tissue damage. 

Average age of case from date of injury 2 years old.  Usually released with restrictions 12 months or more.

Some examples of actual cases:

Actual Case A

State:  Michigan

Male aged 46

Date of Injury: 12/03/07

Restrictions from IME: He is disabled for any job that requires the use of his left hand and his fingers for forceful grasping, climbing, pulling, lifting over 10lbs on a frequent basis or over 20 lbs on occasion. He is also disabled from work in cold environments or work that woulld result in vibrations to the left hand.

Industry:  Construction

Education: High School Education, no computer skills.

Results After 8 weeks:6 interviews  3 attended 3 not attended   We were informed that the claimant had accepted settlement. 

Actual Case B

State: Texas

Male Aged 53
 
Date of Injury 2006

Restrictions from IME: injured lower back circa 2006 reached MMI in 2007

Industry: Construction

Education:  High School Graduate

Results after 12 weeks: 8 Interviews attended: 2
Case was closed and settled favorably for the carrier after non- compliance was shown.
 
Actual Case C

State:  Michigan

Female Aged 37

Date of Injury:1993

Restrictions from IME: Can return to sedentary work.  Exerting up to 10lbs of force occasionally (i.e. activity or condition exists up to 1/3 of the time) and/or a negligible amount of force frequently (i.e. activity or condition exists from 1/3 to 2/3 of the time) or lift, carry push, pull or otherwise move options.  Sedentary work involves sitting most of the time, but may involve walking or standing for brief periods of time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met. 

Industry:  Nurse's Aid

Education: High School Education, no computer skills.

Results after 10 weeks:  7 interviews  0 attended 7 not attended We were informed that the claimant had accepted settlement. 

Actual Case D

State: Illinois

Male aged 53 

Date of Injury:  Nov 2006

Restrictions from IME: Lower Back injury.  Permanent restrictions of no lifting more than 25-30 lbs with no repetitive bending, twisting or stooping.  

Industry:  Construction (foundations)

Education: High School Education, 2 years vocational mechanics school.

Results after 6 weeks:4 interviews  0 attended 4 not attended Case closed. Claimant was refusing to get back operation that would allow him to return to his former occupation as foreman.  Back surgery scheduled. 

Actual Case E

State: Maryland

Male aged 34 

Date of Injury:  July 2008

Restrictions from IME: non-sedentary position, no jolting or vibration pressure to lower back.

Industry:  Transportation  (truck driver)

Education: High School Education

14 week results  8 interviews 3 attended 5 not attended. Spoke to Claims adjuster ,she said she was very pleased with the results and "got what she needed."  No other details provided. 

Actual  Case F

State: North Carolina

Male aged 55
 
Date of Injury 2007
 
Restrictions from IME:  No lifting above head of 50 lbs or more.
 
Education;  High School Graduate

15 week results: He went to all of the first 10 before he stopped going.  His attorney requested copies of each job notice prior to claimant going.  Was reported by HR as poorly dressed on the interviews and not filling out complete applications.
We were informed case was settled.

 

 

 

National Job Finders Press Release

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###

Alternative to quickly close your workers' compensation cases involving injured workers with Permanent restrictions.

National Job Finders Approach to Close your Workers Compensation Cases Quickly.

We invite you to visit our Workers' Comp blog at www.nationaljobfinders.com/Workers-comp-Job-Finding-blog

Or Contact us directly 800-225-4070 or Email Katrina@NationalJobFinders.com

About  National Job Finders:

We are a cost-effective alternative to Vocational Rehabilitation.  National Job Finders is a Job Search firm with bullet-proof follow-up and reporting capabilities.  We perform job searches for claimants and/or injured workers with permanent restrictions.

We find the right job for the claimants, set-up the interviews, notify all parties, and follow-up with hiring managers.  Our efforts culminate in one of two outcomes; claimant shows a pattern of compliance or a pattern of non-compliance.  In either event, cases can be closed as we have provided the proof that there are jobs available.  Our process is rigorous, detailed and we stand ready to be deposed or testify.

Many or our clients are under the impression that their third-party or internal vocational rehab resources are already working hard towards helping claimants' find work.  It is our experience that these resources simply do not have the time or connections.  Most voc rehab case managers are managing a huge caseload and spend most of their time reacting to calls and emails and do not have the time to do the outbound calling and networking necessary to prove the availability of jobs and help close a case quickly.

There is no great mystery to our system.  We find jobs and we create jobs by selling your claimants' assets to potential employers.  Even in this recession, there are still jobs available; most are not advertised and are found by cold-calling employers.  Unlike other vendors we do not rely on Internet postings and classified ads.  Our Employment Specialists are on the phone fulltime, every day finding job opportunities for your claimants.

We know that 80% of all jobs are not posted.  Therefore, it takes a significant number of hours to uncover these openings.  Are your current resources in a position to apply 80-100 job search hours on one case?  Give us a call to see how we can help or check out the 'Free Case Analysis' section.

We would like the opportunity to discuss becoming a vendor for your workers' compensation, auto, or liability divisions.  Specifically, to help you close cases faster saving you time and money.

Call us today and put our experience to work for you. 800-225-4070  ###

Online Job Postings Up 255,000 in December

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Well, it is nice to post something positive in 2010 about potential return to work possibilities.  National Job Finders does not use online job postings to find open positions for injured workers, but I watch this as an indicator of hiring overall.  This bodes well for the potential openings we can locate for injured workers with restrictions as well. Afterall, only a very few open positions are actually advertised anywhere, over 80% are not.  

If you would like to look into this information in more detail, please visit the link below to see information on a particular state or industry. I note that Michigan, the state where we do much of our workers compensation job finding is still struggling.  Though the postings are up, they have not caught up with the loss they suffered in Nov.  Despite these discouraging numbers, we have consistently been able to successfully find open, suitable, and acceptable positions for the injured worker cases in Michigan and elsewhere.

Also available at this link is a specific look at the posted jobs in relation to the number of unemployed in that industry.  Here we see that there are more jobs posted than unemployed in the healthcare industry and computer & mathematical science.  In all others, this is not the case.  

The transportation and material moving industry shows the highest ratio of unemployed to open positions at 13 unemployed per posted position.  This is one of the industries from which we see most of our job finding cases.  Others are manufacturing and construction.

 

www.conference-board.org/economics/helpwantedOnline.cfm.

 

 

Employer Has No Return to Work Program, or light duty? No Problem

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Sometimes an employer has no return to work program and cannot or will not provide light or modified duty positions for injured workers, or those out on workers compensation. 

You have a few options, it is up to the case manager to determine which is appropriate or effective in each case.

Volunteer or charity jobs- insurer still pays wage-loss benefits
Training programs- insurer still pays wage-loss benefits
Work at home -in many cases not accepted as true "employment".
Employment positions with new employer

Light duty or transitional duty:  Many companies do not have light duty positions available.  Especially companies in Construction, transportation, manufacturing and the like.  Many of these companies do not have office staff employed or an office at all for that matter.

Lets look at each option:

Volunteer or charity work.  
In most cases, it is best for the injured worker and the employer to get them back to work as soon as possible. It helps the injured worker mentally and physically and helps to keep cases from being strung out longer than necessary.  Oftentimes, volunteer or charity work is useful in keeping a worker in the workforce, though oftentimes the employer is still required to pay all or some of the wages for the injured employee.

Training Programs.
Training programs are another viable option for some cases.  If the employee is unable to attain equivalent income in another field with the skills they have, this may be necessary to get them into a position where they can earn at the level they were pre-injury.  For example, a trucker with incomplete high school education that has been doing that one job for 35 years and is now unable to, may be a good candidate for some sort of training.  As, his current skills and education preclude him from many positions.  This is a good option, and voc rehab is mandatory in some states. It is a good way to increase the employability of an injured worker. But, it does cost, and does not guarantee that the person will be better able to find a job. It also does not mean they will use the training to their benefit.  They will still need to aggressively and consistently look for work.  

Work at home.
Recently, I have seen the emergence of companies offering a combination of training to work at home and guaranteed position after training.  This is especially useful if someone has a severe permanent restriction that precludes them from commuting or driving to an office, or place of work.  On the other hand, many work at home positions are not considered true employment. You have to look at these prospects very carefully and make sure that such employment will be viewed as a true position if you go this route. Again, the training for this type of position can obligate the employer to pay for hundreds of hours of training, sometimes almost a year with no relief from indemnity payments (wage loss benefits) and , sometimes the added cost of the training for that same period. Yet, if this person is generally unemployable, this may be your only available course of action, and could save you substantially in the end.

Job Finding (National Job Finders Services)
Re-employment with a new employer ends (or at least immediately reduces) wage-loss or indemnity payments.  Workers Comp claimaints, in most states,  are required to look for and accept employment that is within their restrictions. This is the quickest and most effective way to end wage-loss benefits.  If you can find open positions that are appropriate geographically, financially and physically for injured workers, you can place the claimant or prove non-compliance if they do not participate in the search for new employment.  Usually, 4-5 interviews is enough to prove non-compliance.



Interesting Insurance Journal Article

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I just read this article on insurancejournal.com and found it is worth recommending to my readers.

Injury Severity, Not Legal Fees, Drives Workers Comp Costs in Illinois

http://www.insurancejournal.com/news/midwest/2009/12/07/105760.htm

What attracted me to this article is that I was specifically researching the number of injured workers or percentage of employees that are out on workers comp in different industries and in different states. It turns out, those in the industry do not have those numbers readily available. But, I think that it is worth looking into for your own education and future planning.  Especially considering the example shown in this article. 

"For every 100 illinois construction worker there are 1.21 injuries per year."  I also read recently that the average age of a construction worker is 44, up from 40 a few years earlier. This is probably due to the fact that people are staying in the workforce longer, retiring later.  

In addition, at least in illinois, the construction workforce is projected to increase in different sectors anywhere from 10-15 percent in 2010.  So, one would assume, there will be an increase of workers compensation claims that go along with that. 

Construction injuries, according to the insurancejournal are usually extremity injuries or back injuries. From my experience, most of the construction cases we handle are back injuries and/or rotator cuff.  These cases are the most expensive, because they go on for a long time.  Also, they are more difficult to place and require dedication and special attention.   Often, construction companies do not offer light or modified duty because they have no where to place the injured workers.  

This is also true of manufacturing and transportation companies among others.  My suggestions is that you take the time to find out what percentage of your workforce is out of workers compensation to get a handle on how much it is really costing you. 

You may even want to plug it into the free "Sales to pay for Accidents" calculator on reduceyourworkerscomp.com 

http://reduceyourworkerscomp.com/calculator.php

 

referenced article: http://ibjonline.com/print_swillinois_construction_workforce.html

 

I would like to invite people to participate in our poll

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 What percentage of your employees are out on workers comp?  

 Please take the time to participate in our poll (survey)  You may be interested in and surprised by the results.

I also invite you to share and comment as well.

http://www.nationaljobfinders.com/poll-question/ or click here

 

Injured Workers With Permanent Restrictions?

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What options do you have for Injured Workers with Permanent Restrictions?

If an Employer is unable or unwilling to offer light duty positions? what are your options?

What if the employer does not offer a return to work, RTW program?

Below, are some options available.

  • Volunteer or charity jobs- insurer still pays wage-loss benefits
  • Training programs- insurer still pays wage-loss benefits
  • Work at home -in many cases not accepted as true "employment".
  • Employment positions with new employer


What have you used, and what have been the results?

In my opinion, in comes down to the particulars of each case. when I posed this question on a public forum there was quite a bit of interest. 

In general, the responses expressed that offering light duty or transitional positions should be the first choice.  I would agree that if such positions are open, they are the best option for employers.  

Most agree that returning an injured employee to some sort of work quickly is the best policy.  I think the particulars of the case often determine what that option should be. 

Another point was made that training etc is very helpful. And, I agree with this as well. Oftentimes, it is beneficial to get these injured workers additional training to make them more marketable and employable. 

Lastly, quick settlement was suggested. Again, a good idea when possible. 

These are all good ideas. 

Lets look at each option:

Light duty or transitional duty:  Many companies do not have light duty positions available.  Especially companies in Construction, transportation, manufacturing and the like.  Many of these companies to not have office staff employed or an office at all for that matter. 

Training:  This is a good option, and voc rehab is mandatory in some states. It is a good way to increase the employability of an injured worker. But, it does cost, and does not guarantee that the person will be better able to find a job. It also does not mean they will use the training to their benefit.  They will still need to aggressively and consistently look for work.  

Settlement:  This assumes that you can get the claimant to settle.  The longer a case drags on, the more expensive it is.  

Employment with a new employer.  Re-employment ends (or at least immediately reduces) wage-loss or indemnity payments.  Workers Comp claimaints are required to look for and accept employment that is within their restrictions.  

 


 

Good News Or Bad For Claims Adjusters?

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This blog entry has more questions than answers, but I think it may be food for thought. I seem to be reading conflicting information about how the Economy may be affecting  claims adjusters.  If anyone has insight or an opinion, please let me know.  Send comments to Katrina@Nationaljobfinders.com

I read an article today about the future expected shortage of claims adjusters.  It was stated, in claimsmag.com that there will be a shortage of 84000 claims adjusters by the year 2014.  My first thought was that those in this field should feel a sense of well being or security based on this.  Next, because I have teenage children, I started to wonder whether or not I would steer my children towards this as a career choice. After all, 2014 gives us time to start filling that "funnel" of graduates that would have skills or tendencies toward this type of position.  Furthermore, as a "first job", the pay is comparatively good. 

 

On the other hand, I have noticed that there are also signs of claims adjusters being laid off or let go currently. Those left behind are taking on more and more cases, in addition to the new administrative responsibilities that come with each new law, rule, or reporting requirement.
What I am left wondering is the following:

Are companies taking action to fill this impending Gap in staff?  Are they planning to oursource much of these duties, or do they
plan to take on new claims adjusters?  

What are claims adjusters feeling now?  
Would they recommend this type of position to their children graduating from college in the next 4 or 5 years.

 

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