Construction Safety: Occupation Safety and Health

Transcription

1 Construction Safety: Occupation Safety and Health 1. Explain the differences between temporary disability and permanent disability claims. What are some theories that are used in handling permanent and partial disability cases? Personal accidents are classified as permanent and temporary disability. The forms are disabilities are used to explain the anticipated length of impairment rather than the degree of severity. For instance, one is regarded to have temporary disability in the case where the individual can achieve a complete recovery in future while permanent disability is where the injury remains in a person s lifetime (Goetsch, 2010). With respect to temporary disability, individuals are prevented from performing their usual duties while recovering hence qualifies to get benefits associated with temporary disability. However, this happens when the doctor treating the injury indicates that such individuals are not in position to carry out their usual duties for roughly three to four days; hospitalized; their employers fail to provide alternative or other responsibilities which pays usual wages. By and large, handling cases involving temporary disability receive monetary compensation equal to their two thirds of weekly wages after fourteen days till they are pronounced permanent and stationary (OSHA, 2014). On the other hand, permanent disability cases involve injuries or diseases that permanently impair an individual thus hindering them from competing in the labor market. Upon the last health appointment, the doctor provides a report stating that the individual has a permanent injury (Goetsch, 2010). Then the issue is handled by calculating with regards to the individual s age, occupation at the time of the accident then added to the injury rating. Both maximum and minimum permanent disability payments for each percentages range are equal to two thirds of average weekly wages during injury or disease. In addition, individual injury ratings, the injured employee gets temporary as well as permanent rate. 2. Based on the findings of a compliance officer s workplace inspections, OSHA is empowered to issue citations and penalties. Compare and contrast the four different types of citations that can be issued. How are they different from each other? 1 / 6

2 A citation notifies the employer of OSHA contraventions. Penalties are anything but fines evaluated as the outcomes of citations. Citations are as follows: Serious: This is a contravention in which death or severe physical injury would possibly stem from the peril, and where the employer knew, or should have acknowledged, about the peril. This type of citation attracts a fine of up to $7,000 for gross misconduct (OSHA, 2014). Other-than-serious violation This is a gross misconduct with a direct effect to job security and health. However, it does lead to death or severe physical injury. The suggested penalty for such violation is flexible. A fine for an other-than-serious gross misconduct may be adjusted downward by ninety-five percent based on the employer s good faith, chronology of previous contravention and the scale of business. For such wrongdoing, OSHA levy fines of up to $7,000 Willful violation- This is a breach that the employer deliberately and consciously commits. In such a case, the employer could have an idea that what he is engaged in amounts to a breach or understands that a perilous condition subsists and not a single attempt has been made to contain it. A projected fine for a willful breach might be adjusted downhill, based on the size of the business as well as its previous breaches. Normally, no acclaim is given for good faith. In the event that an employer becomes convicted based on an obstinate breach of a regulation that stems from the death of a worker, the felony is punishable in a court of law by way of an imposed fine of up to $70,000 for each or up to six months in prison (OSHA, 2014). Repeated: This is where the current breach is analogous to the previous breach. In such a case, OSHA may levy fines of up to $70,000 for each repetitive violation. Failure to correct prior violation: The inability to correct a previous violation might culminate into a civil penalty that goes up every time the violation continues beyond the arranged 2 / 6

3 abatement date. OSHA levies a fee of up to $70, 000 in terms of fines (OSHA, 2014). 3. Explain the rationale for workers compensation. What are the objectives of workers compensation? Who is covered by this program, and how does it attempt to help prevent future accidents? Employee compensation represents a negotiation between the workers and employers needs. Workers renounce their right in search for unlimited payment as a result of pain and suffering by way of legal means. In this program, workers are covered through insurance premiums in spite of of their negligence. However, on a long term basis workers and employers benefit more compared to taking legal action. Additionally, these attempts to prevent future injuries whereby employers invest in accident prevention initiatives to reduce compensation costs. Basically payments are in form of lower insurance premiums which in turn lead to fewer injuries. Some of the objectives of employees compensation include; Replacement of earnings; workers injured while on job lose their wages if they are not in position to perform. As such, employees compensation purposes to replace the lost earnings in an adequate and prompt manner. Moreover, benefits continue even though the employer is not in business. Rehabilitated injured worker; a main principle of employees compensation is that injured employee returns to work in any case possible, though not the same job or career. Therefore, the worker compensation program rehabilitates such employees by providing the required medical attention free of charge till such workers are fit to resume work. Moreover, the program offers vocational training or even retraining as required. The idea is to encourage injured employees to return the job market immediately (OSHA, 2014). Allocation of costs; the possible risks related to various jobs differ. For instance, roofers are normally regarded as risky occupations compared to architects. The underlying premise of allocation of costs is to distribute of employees compensation suitably as well as 3 / 6

4 proportionately among sectors from most risky to less risky ones. For that reason, accident costs is distributed based on accident record in the sector to ensure that risky sectors such as construction compensate higher insurance premiums compared less risky ones. 4. Summarize some of the problems associated with workers compensation. What types of actions are workers compensation reform movements likely to recommend in the future? Some of the problems associated with employee compensation includes many claim process take place behind the scenes. A number of transaction involving injured workers and insurance firms occur without the understanding of the employer. As a result, several employers take wrong position that when a claim is turned to insurance firm, it s out of their control. Though, the opposite of actions require to be taken. Poor claim reporting; despite the size of the company, setting up and adhering to some process of claim reporting is important in getting detailed understanding of the risks. Therefore, it is necessary for all the parties; employee and employer to understand the procedure of reporting a claim, who is in charge, and necessary steps to follow in case of workplace accidents. Late reporting; a number of employers delay when it comes to reporting claims to insurance firms, a n act that should be discouraged by all means. Late reporting may be a result of misguided perception of employers that is the claim was not correct or low costs as such employer was willing to pay. Irrespective of the basis, late reporting leads to increased claim costs as well as confusion. In the event that claims are reported late, it takes the capacity to appropriately investigate claims from insurance company (OSHA, 2014). In future, employees compensation reform movement is likely to recommend various actions such as eliminating claims through provision of safe workplaces and decreasing insurance premiums paid. In addition, following the discovery as well as implementation of appropriate claim practices employers should handle their employees compensation claim cases resulting to safe workplaces and enhanced pricing variables of their policies. The need for reviewing claims by an independent consultant. In this, it should entail verifying the claim validity and open reserves. 5. Explain how workers compensation can sometimes result in people abusing the system? Describe cautionary flags that could raise suspicion of workers compensation 4 / 6

5 fraud. Identify and explain a past case of workers compensation fraud. What were the results? In some cases, employees compensation can result to abuse of the system for instance, they mainly protect workers who are injured while on job. This important employee program compensates for healthcare expenses, lost earnings and other related expenses as the employee heals. Cautionary flags Employees can get injured off the job, and claim that they were injured at workplaces so that their employer covers healthcare expenses. Individuals can injure their neck while lifting a box or ankle sprain during their leisure time. Then, alleges that they were injured while loading dock at their workplaces (Goetsch, 2010). An employee can get minor accidents such as a slight twinkle in their lower back but alleges that they were seriously injured. This allows the workers to collect compensation and out of job for a lengthy period. In some case, employees can invent accidents. Soft tissue accidents like muscle pull in the back. This is difficult to disapprove though easier to benefit from. Furthermore, an employee with old injury that did not completely heal can claim that he was hurt while on job. Identify and explain a past case of workers compensation fraud. What were the results? Emily Kathleen Everett was charged with 10 counts of work related compensation fraud. The culprit presented herself before the California Federal Authorities after a warrant of arrest amounting to $120,000 was issued against her. She was charged with making false statements to underpin a workers compensation claim. Impeccable sources indicate that Everett was hurt in line of duty as a health worker for Laguna Hospital. She tripped and fell on a pond of water and as a result complained of right wrist, left knee, and hip area pain as well as restricted from retuning to work. Based on Everett s alleged falsifications, she was awarded roughly $9, 529 as collective disability benefits and $50, was paid as medical expenses. 5 / 6

6 References Goetsch, D. L. (2010). Construction Safety and the OSHA standards. Upper Saddle River, NJ: Prentice Hall. Occupational Safety & Health Administration (OSHA). Personal Protective Equipment, 29 CFR , General Requirements. Retrieved from NDARDS 6 / 6