N1H1 and Workers Compensation - 10 Tips for Businesses

When we think of workers compensation claims, most employers think of accidents and injuries that occur in the workplace--however, it is also important to remember that work related illnesses and diseases are covered by workers comp (to continue click "view our blog" below).

Enter the “swine flu.”

If an employee believes they have contracted N1H1 Influenza at work, they can file workers comp claim. The cost of this claim will ultimately filter through to your experience rating.

It behooves all of us to prepare, prevent and react to protect the health of our employees. Here are tips from www.flu.gov

Keeping Healthy: 10 Tips for Businesses
Employees are a crucial resource at any business, and especially small businesses. There are steps you can take now, and during the flu season, to help protect the health of your employees.
1. Develop policies that encourage ill workers to stay at home without fear of any reprisals.
2. Develop other flexible policies to allow workers to telework (if feasible) and create other leave policies to allow workers to stay home to care for sick family members or care for children if schools close.
3. Provide resources and a work environment that promotes personal hygiene. For example, provide tissues, no-touch trash cans, hand soap, hand sanitizer, disinfectants and disposable towels for workers to clean their work surfaces.
4. Provide education and training materials in an easy to understand format and in the appropriate language and literacy level for all employees. See www.cdc.gov/h1n1flu/business.
5. Instruct employees who are well but who have an ill family member at home with the flu that they can go to work as usual. These employees should monitor their health every day, and notify their supervisor and stay home if they become ill. Employees who have a certain underlying medical condition or who are pregnant should promptly call their health care provider for advice if they become ill.
6. Encourage workers to obtain a seasonal influenza vaccine, if it is appropriate for them according to CDC recommendations (http://www.cdc.gov/flu/protect/keyfacts.htm). This helps to prevent illness from seasonal influenza strains that may circulate at the same time as the 2009 H1N1 flu.
7. Encourage employees to get the 2009 H1N1 vaccine when it becomes available if they are in a priority group according to CDC recommendations. For information on groups recommended for seasonal and H1N1 vaccines, please see www.flu.gov. Consider granting employees time off from work to get vaccinated when the vaccine is available in your community.
8. Provide workers with up-to-date information on influenza risk factors, protective behaviors, and instruction on proper behaviors (for example, cough etiquette; avoid touching eyes, nose and mouth; and hand hygiene).
9. Plan to implement practices to minimize face-to-face contact between workers if advised by the local health department. Consider the use of such strategies as extended use of e-mail, websites and teleconferences, encouraging flexible work arrangements (for example, telecommuting or flexible work hours) to reduce the number of workers who must be at the work site at the same time or in one specific location.
10. If an employee does become sick while at work, place the employee in a separate room or area until they can go home, away from other workers. If the employee needs to go into a common area prior to leaving, he or she should cover coughs/sneezes with a tissue or wear a facemask if available and tolerable. Ask the employee to go home as soon as possible.

Lawsuit for discharging employee after workers compensation claim

From the employer’s perspective: even if you win; you may lose! An employee has recently filed a civil lawsuit against a construction company when he was hurt on the job and subsequently let go after a short period of light duty.

The employee allegedly had a back injury and filed a workers compensation claim. He thereafter returned to work on light duty but after about a month was told, “your services are no longer required.” He now claims that he was fired in “retaliation” for filing the workers compensation claim.

If something like this happened at your company, would your workers compensation insurance pay for a judgment or settlement? Would there be coverage under the Commercial Package Policy or Business Owners Policy? Even if you win the case, would any insurance coverage pay the attorneys’ fees for defense?

The answer to these questions is usually – NO!

These are important questions involving the financial security of your business. It is always a good idea to have a qualified insurance professional or your attorney review this in advance. We can be reached at js@theinsuranceadvisory.com or jc@theinsuranceadvisory.com


The original story is from Brent Adams’ blog at
http://myblog.injuryboard.com/cgi-bin/mt/mt-tb.cgi/17201