San Diego Workers' Compensation Law Blog

WCRIB: Premiums and Losses Rise in First Quarter of 2010

Last Thursday, the Workers' Compensation Insurance Rating Bureau (WCIRB) of California issued its first quarter report on workers' compensation benefits, premiums and losses.

The conclusion?

California workers compensation premiums and losses continue to trend upward. Specifically, the report found that written premiums for the first quarter of this year (January 1 through March 31) were roughly $2.9 billion, up 12 percent from the first quarter of last year.

Breaking the numbers down, the WCRIB found:

• In terms of policies written and issued this year, employers across the state are now paying roughly $2.47 for every $100 of payroll. This represents a five percent rate increase from the same time last year.
• Over the course of the past three months, insurers spent nearly 73 cents on claims for every dollar of premiums they accumulated. This represents a five percent increase in loss ratio from the same time last year. 

The previous post discussed the recent release of the 2009 National Census of Fatal Occupational Injuries (CFOI) by the Bureau of Labor Statistics (BLS). Specifically, it examined the dramatic decline in the total number of recorded fatal work injuries in 2009 and how our nation's current economic climate (i.e., a six percent reduction in the total number of hours worked) contributed to this figure.

(Please see "BLS Releases Findings on 2009 Workplace Fatalities" for more information.")

Today's post will continue to examine the CFOI's statistics regarding the number of fatal work injuries in 2009.

Last week, the Bureau of Labor Statistics (BLS) released its 2009 National Census of Fatal Occupational Injuries (CFOI). The findings of the survey, while preliminary, reveal some very interesting trends regarding the types and total number of fatal work injuries suffered by American employees over the previous year.

According to the CFOI, the total number of recorded fatal work injuries in 2009 was 4,340. (This translates to a fatality rate of 3.3 per 100,000 full-time employees.) While this figure may seem high, consider that the number of fatal work injuries in 2008 was 5,214, a difference of 874 lives. In fact, the 2009 total is actually the smallest preliminary total since the BLS began conducting the CFOI in 1992.

What is behind this significant drop in the number of fatal workplace injuries?

In recent workers' compensation law news, California officials recently sanctioned a series of modifications to the basic workers' compensation notice materials (i.e., the resources used to notify employees of their rights and responsibilities under California law).

Accordingly, both insured and self-insured employers are required to implement the following modifications by October 8:

• Provide all injured workers with an updated version of the Division of Workers' Compensation (DWC)-1/Notice of Potential Eligibility
• Provide all new employees hired on or after the deadline with a modified version of the workers' compensation new hire pamphlet
• Post amended workers' compensation employee posting notices
• Post new medical provider network (MPN) notices (if applicable)

These modifications to the workers' compensation notice materials cover a variety of topics and accomplish a series of tasks, including updating references to state web sites, terminating all references to vocational rehabilitation and requiring more information on MPNs.

An employer that fails to make the necessary modifications can suffer rather serious consequences, including:

• A complete loss of medical control
• A tolling of the statute of limitations for filing claims
• A fines of up to $7000 for every violation
  

Workers at construction sites across the country report to work every day, ready to begin their vigorous day of lifting, carrying, holding, pulling or pushing heavy loads or large pieces of equipment. Unfortunately, many of these workers put their hard work ahead of their own health, and unknowingly subject themselves to the risk of debilitating neck, back and spine injuries.

A previous post dissected some of the more prevalent neck, back and spine injuries in the construction industry. (Please see "A Closer Look at Construction Site Injuries" for more information.)

Today's post will continue this analysis by briefly exploring a few measures/solutions that both employers and employees can take to greatly reduce the number of serious construction site injuries. If implemented correctly, these measures can significantly lessen the amount of stress placed upon the neck, back and spine, as well as lessen the frequency and duration of this stress.

If you have been injured on the job and are seeking to secure workers' compensation benefits, you more than likely have many questions. These questions may start with the benefits themselves. Perhaps you have seen various benefit acronyms (TTD, TPD, PTD, etc.) and were left wondering what they stood for, and whether or not you were even entitled to these benefits.

Today' post is the first in a series designed to provide a broad overview of workers' compensation benefits. It is provided for informational purposes only and is not to be construed as legal advice.

It may come as a surprise to many, but the number of crane accidents resulting in serious workplace injuries or fatalities is relatively high. Between 2003 and 2005, the average number of crane-related fatal occupational injuries was 78. In 2006 alone, there were 72 crane-related fatal occupational injuries.

The United States Department of Labor's Occupational Safety and Health Administration (OSHA) is looking to change these staggering statistics through the publication of a new rule governing the use of both derricks and cranes in the construction industry.

The new rule is designed to address the most common causes of crane-related fatal occupational injuries, including electrocution, collapses, overturns and assembly/disassembly accidents.

Specifically, it will do the following:

• Establish requirements for ground conditions and crane operator assessment
• Address tower crane hazards and the use of synthetic slings in disassembly/assembly work
• Provide both a functional description and examples of covered equipment in order to clarify the scope of regulation

"The significant number of fatalities associated with the use of cranes in construction led the Labor Department to undertake this rulemaking. After years of extensive research, consultation and negotiation with industry experts, this long overdue rule will address the leading causes of fatalities related to cranes and derricks," said Secretary of Labor Hilda L. Solis.

The previous rule dated all the way back to 1971, and was viewed by many in the construction and safety industries as obsolete. Technological advancements, updated practices and procedures, and new safety requirements were simply not accounted for by its 40-year-old standards.

"Compliance with the rule will prevent needless worker injuries and death, and provide protection for the public and property owners," said Dr. David Michaels, Assistant Secretary of Labor for OSHA.

Stay tuned for more work injury news ... 

Related Resources:
  
• US Department of Labor's OSHA Publishes Final Rule on Cranes and Derricks in Construction (United States Department of Labor)
• Crane-related Occupational Fatalities Fact Sheet - July 2008 (Bureau of Labor Statistics)

In recent workers' compensation news, the Workers' Compensation Insurance Rating Bureau (WCIRB), the organization that advises California's insurance commissioner on work comp base rates, is currently considering a substantial rate increase.

Specifically, it is believed that the WCIRB will recommend a 30 percent increase in the workers' compensation rates that insurance companies charge employers across the state of California.