Beware!
Severe Consequences for Suppressing Claims
Remember the old phrase, “No good deed goes unpunished?” While you may have the best intentions to help your employee, paying their medical bills after a work-related injury can have serious consequences.
Intentionally avoiding claims or paying an injured worker’s medical bills is against the law. The legal term for this is claim suppression. According to RCW 51.28.010 (4), claim suppression means intentionally:
- inducing employees to fail to report injuries,
- inducing employees to treat injuries in the course of employment as off-the-job injuries, or
- acting otherwise to suppress legitimate industrial insurance claims.
In simple terms, you cannot ask an employee to refrain from filing a claim, and you cannot pay for medical expenses out of pocket. Claim suppression is prohibited by law. Not only are there financial penalties for each offense, but L&I can also prohibit the offending employer from participating in a Retrospective Rating (Retro) program.
Activities related to claim suppression can put the entire Retro program at risk. The WHCA program takes this very seriously, and engaging in claim suppression may result in your removal from the Retro program and forfeiture of future refunds. If you have any questions, please contact Trish Leimbach at (253) 343-0153.
Get the Most…
Out of Your GRIP Participation
Your GRIP membership comes with many benefits. Not only are you eligible to earn refunds on workers’ compensation premiums you pay to L&I, you also get help managing tough claims, processing Stay-At-Work reimbursements, and reviewing safety programs and policies.
We realize that not everyone has worked with a Retro program before or understands the services that come with participation. In order to help you get the most out of this money-saving program, we offer monthly orientations and go into detail about things like your Experience Modification Rating (EMR) and how it’s calculated, the impact of claim losses on your future premium costs, and most importantly, how you can reduce costs and set your company up for success.
Go to ERNwest.com/GRIP for a list of resources and upcoming training. If you’d like a more customized review of the program and specifics about your EMR and premium rates, please reach out to Trish Leimbach at 253-343-0153 or TLeimbach@ERNwest.com
Safety
Mental Health and Suicide Awareness
and Prevention
September 23, 10:00-11:30am | Register Now
As founder and partner at Employer Solutions Law in Bellevue, Karen Forner understands that the mental health of employees, especially in the COVID-19 era, is a concern for most employers. During this seminar Karen will talk about how a suicide on or off the job impacts the workplace. Karen is acutely aware that mental health and suicide can be tough to talk about, and during this training, she will give you tools and resources for handling these difficult conversations. Learn how to spot warning signs and what to do in a crisis situation. The benefits of creating a culture of physical and mental health are substantial and in the best interest of your company and employees.
Coping with COVID Stress
With the ever-present pressures to adapt to evolving work conditions during a pandemic, some workers experience new fears and anxieties and emotions that can cover a broad range from one day to the next. Coping with these newfound states of mind is important to maintain a safe work environment, and recognizing fatigue and stress is more important than ever. The CDC offers some tips on recognizing and coping with work stress and how best to navigate emotional stress. Learn more.
Great ShakeOut
Shake it up baby! It’s time for the Great ShakeOut. On October 15, we are encouraging all members to practice how to be safe if an earthquake occurs. This is also a great time to review and update emergency preparedness plans and supplies. So, at 10:15 on 10/15, drop, cover, and hold! To register for the Great ShakeOut and learn more about its importance, go to ShakeOut.org.
GRIP Safety
Access Toolbox Tips and general safety resources. Learn more.
Upcoming Training
GRIP Webinar Training
These GRIP-specific trainings benefit new members or members who would like to review the content. Click on the dates below for more information about the training and to register.
September 1, 10:30am | Getting your GRIP on Claims, Comp & Safety
September 1, 12:30pm | Incident Analysis: A Systems Approach
ERNwest Webinar Training
Select the dates below for more information about ERNwest-specific trainings and to register.
September 3, 2:00pm | What is Retro*
September 15, 10:00am | Fundamentals of Claims Management*
September 17, 10:00am | Unified Fall Protection
September 22, 10:00am | Using Kept on Salary and Modified-Duty Effectively
View a list of all ERNwest training
Workers’ Comp News
Early Incident Reporting Saves Money
and Headaches
A strong focus and commitment to injury prevention is the most surefire way to improve your safety metrics and reduce your workers’ compensation costs. When prevention activities fail and an injury occurs, it is equally important to have strong claims-handling procedures in place. Our data supports that claims reported within one week are 44% less expensive than those reported at four weeks! Here are some other benefits of early claim reporting:
- Decreases attorney involvement – 31% of claims reported after 4 weeks have attorney involvement
- Closes claims faster – 71% of claims reported after four weeks are still open at 18 months
- Allows an immediate incident investigation which can help your safety team identify cause and avoid similar injuries in the future
- Promotes a caring and helpful atmosphere. When you know an incident occurs, you can help your worker navigate the confusing L&I system and overcome barriers with medical treatment
- Provides critical information for early claims management
- Ensures a level of accountability and helps you avoid fraudulent claims
Our team of dedicated claims managers is here to help you navigate the claims process, and the sooner we know about a claim, the sooner we can help. Please report claims to us immediately by calling your ERNwest Claims Manager, reporting claims through email at claimsreporting@ernwest.com, or reporting claims securely online in our ERNwest Reporting Portal.
L&I News
L&I Extends Workers’ Comp Premium Relief
The Washington State Department of Labor & Industries (L&I) is again extending the deadline for workers’ compensation premium for employers who are struggling to pay during the coronavirus pandemic. L&I is allowing employers to request a 90-day payment plan or request that payments be completely deferred for up to 90 days. The delayed payments will not accrue penalties and interest as long as premium payments are made within 90 days. Read the full article.
In order to take advantage of the L&I Employer Assistance Program, employers should contact the L&I Collections unit by calling (800) 301-1826, or by sending an email to dialercollections@lni.wa.gov.
Remember to report all incidents on the ERNwest website so that your claims manager is aware and can help guide you through the process. | ERNwest.com/report-an-incident
For precautionary reasons related to COVID-19, MBAKS offices are closed until King County enters Phase 3. Staff is working remotely and can be reached via phone or email. Events and class cancellations are noted on the MBAKS Events Calendar. Refer to the MBAKS COVID-19/Updates for up-to-date information.
GRIP Retro Questions?
Trish Leimbach, GRIP Group Manager | (253) 343-0153 | TLeimbach@ernwest.com
GRIP Safety Questions?
John Sevier, GRIP Safety Manager | (253) 300-6399 | JSevier@ernwest.com
GRIP Stay-At-Work Questions?
Tom Nelson, GRIP Stay-At-Work Coordinator | (253) 372-2357 | TNelson@ERNwest.com
