Interdependent relationships are important in the workers’ comp world, too, especially when it comes to helping injured workers return to work. If you use the seven habits to build a highly effective return-to-work process, you can take steps toward reducing your workers’ comp costs and improving your productivity.

Habits one and two: Lay the groundwork

You will work with your employees to develop your return-to-work process. But first, you will lay the groundwork on your own.

Habit one teaches you to be proactive. Proactive people believe that they are a product of their choices, not their circumstances. You should not accept injuries as a cost of doing business. Instead, choose to invest the time and resources to develop a return-to-work process.

The goal of your process will be to help injured workers get well and back on the job. In habit two, you learn to begin with the end in mind.

Write a policy statement that confirms your commitment to the return-to-work process. Your policy should stress the importance of operating safely and getting immediate medical care for injured workers. It should also explain that the company will work with injured employees to help them recover and return to the job, either at full or modified duty, as soon as medically appropriate.

“A good return-to-work process eliminates surprises,” said Pat Crawford, return-to-work education coordinator at the Texas Department of Insurance, Division of Workers’ Compensation. “Everyone should know what to expect if they get injured on the job. We encourage employers to post their return-to-work policy in high-traffic areas and give every employee a copy.”

Habits three through six: Build the process

Now you’re ready to partner with your employees to build your process. Habit three teaches you to start by putting “big rocks” first. Big rocks are things that are important for your long-term success. A task analysis is one of the biggest rocks in a return-to-work process.

Partner with your employees to identify the activities involved in their jobs. Document the postures, lifting and carrying requirements, actions and motions, equipment and environmental conditions. Then, identify alternative work that meets the employee’s restrictions as specified by the doctor.

“We’re not talking about busy work,” cautions Crawford. “Alternative work should be meaningful, and it should contribute to productivity. Research shows that injured workers who get back on the job in some capacity actually recover faster.”

Crawford’s advice makes for a smooth transition into habit four, when we learn to think win-win.

Return-to-work is a clear win-win for you and your workforce. You win by reducing lost productivity, workers’ compensation benefits and other costs of workplace accidents. Your employees win by getting well and remaining as productive members of the workforce.

You can promote the recovery process by simply staying in touch with your injured workers. In fact, communication drives the entire return-to-work process. Before you can communicate effectively, however, you must master habit five: Seek first to understand, and then to be understood.

Call injured employees regularly while they are off work recovering. Ask them if they have questions about the return-to-work process. Find out if they need help with their recovery. By showing that you care about injured employees, you keep them connected to the workforce.

That sense of connection sets your company up for success in habit six, when you learn to synergize. Synergy means working together to find a better way to do something.

Get your employees’ input as you develop and implement your return-to-work process. Ask them to help you identify the hazards of their jobs, redesign tasks, write job descriptions and identify alternative productive work. Employees who feel a sense of ownership over the return-to-work process are more likely to embrace it.

Habit seven: Keep it fresh

You now have a solid return-to-work process, complete with employee buy-in. You’re on your way to controlling your claim costs and improving your productivity. But don’t stop there. Your process needs regular attention if you want to keep it fresh.

Habit seven is the habit of renewal and continuous improvement. Treat your return-to-work process as a work in progress. Employees will come and go, and job tasks will change. Work closely with your employees to regularly review your process and make sure it fits your operations.

Texas Mutual Insurance Company and the Texas Department of Insurance, Division of Workers’ Compensation (DWC) offer free materials that can help you launch a return-to-work process or improve an existing process.

Visit texasmutual.com/safety/rtwtools.shtm to download a “Return-to-Work Kit,” PowerPoint presentation and DWC forms that facilitate the return-to-work process.

Visit the DWC at http://www.tdi.texas.gov/wc/rtw/index.htmlfor a free return-to-work poster, return-to-work success stories and information about the return-to-work reimbursement program.

The court sentenced Hernandez to six years’ deferred adjudication and 100 hours of community service. It also ordered him to pay $250,000 to Texas Mutual and a $2,500 fine. 

Hernandez operated A & R Interests, Inc., a temporary employment agency in Austin.
A & R obtained workers’ compensation insurance through Texas Mutual from February 6, 2004, to July 2, 2007.  During that time, Hernandez was involved in a scheme to conceal the number of employees and annual payroll of A & R Interests, Inc. from Texas Mutual.

Because workers’ compensation insurance premium is based in part on payroll, such a scheme results in a business paying less premium than it actually owes. By paying less premium, an employer can gain an unfair advantage over competitors.

Flu season peaks in January or February. The Centers for Disease Control and Prevention (CDC) estimates that 15 million to 60 million Americans are exposed every year. They miss a combined 70 million work days.

Here are some tips to help control the flu’s effect on your workplace. Texas Mutual encourages you to share them with your employees.

Take preventive measures
The CDC recommends this three-step approach to keeping yourself and your loved ones free of the flu:

1. Consider a flu shot. This is the most important thing you can do, especially if you are at high risk of serious flu complications. High-risk people include young children, pregnant women, people 65 and older, and people who live with or care for those who are at high risk. People with chronic health conditions, such as asthma, diabetes, heart disease and lung disease are also at risk. Although children under six months of age are considered high risk, they are too you to be vaccinated. People who care for them should be vaccinated instead. Visit flucliniclocator.org for low-cost flu shots.
2. Do the simple things. Cover your nose and mouth with a tissue when you cough or sneeze, and throw the tissue in the trash after you use it. Wash your hands often with soap and water or alcohol-based hand cleaners. Try to avoid contact with sick people.
3. Ask your doctor about antiviral drugs. Antiviral drugs are prescription medicines that keep flu viruses from reproducing. They are used for treatment of the flu. They are not a substitute for a flu shot, and you should not take them without asking a doctor. Antiviral drugs work best if you start taking them within two days of symptoms.

If you get sick
If you follow the steps above, you can reduce your chances of catching the flu this season. But as with most things in life, there are no guarantees.

If you experience high fever, headache, extreme tiredness, dry cough, sore throat, runny or stuffy nose, or muscle aches:

1. Go to the doctor immediately. Most healthy people recover from the flu. Others experience serious complications, including bacterial pneumonia, dehydration and worsening of chronic medical conditions, such as congestive heart failure, asthma or diabetes. Children and adults may develop sinus problems and ear infections.
2. Avoid spreading it. The CDC recommends that you stay home from work or school, and limit contact with others. Avoid touching your eyes, nose or mouth. That is how germs spread.
3. Take care of yourself. Get lots of rest, drink plenty of liquids, and avoid using alcohol and tobacco. A pharmacist might be able to recommend over-the-counter medications that relieve flu symptoms, but never give aspirin to children or teenagers who have flu-like symptoms, particularly fever.

For more information about the flu, visit cdc.gov/flu/protect/preventing.htm. The site includes a free, downloadable poster that outlines the three steps to avoiding the flu.

Blankenship, a Texas Mutual policyholder, reported a company fatality involving his son as a work-related accident. As a result, Texas Mutual began paying death benefits to him. Meanwhile, a Texas Mutual investigation uncovered evidence that Blankenship knew the fatality was not work-related.

The indictment alleges that Blankenship obtained $39,000 in workers’ compensation benefits he was not entitled to.

In an unrelated case, Tendayi reported a job-related injury while working as a youth care worker for Youth and Family Alliance in Austin. She claimed she was unable to work as a result of the injury, and Texas Mutual began paying income benefits to her.

Meanwhile, Texas Mutual uncovered evidence that Tendayi worked for another company while receiving income benefits.

The indictment alleges that Tendayi obtained $5,762 in workers’ compensation benefits she was not entitled to.

Note: A grand jury indictment is a formal accusation – not a conviction – of criminal conduct.

Agents or policyholders may use a standard ACORD form to certify workers’ compensation coverage that includes the WC420601-Notice of Material Change Endorsement or an equivalent endorsement approved by the Texas Department of Insurance. Attaching this endorsement will amend the policy to ensure that any cancellation of the policy would require 30 days’ written notice to the Railroad Commission’s Alternative Energy Division, Licensing Section. These forms should be forwarded directly to the RRC. 

Contact information for the RRC can be found at www.rrc.state.tx.us.

The Supreme Court upheld Texas’ main legal tenet that employers cannot, intentionally or unintentionally, split their workforce to leave some employees uninsured. The court’s opinion states that a key purpose of the rule against split workforces is that employees know whether they have the protections of workers’ compensation coverage.

“This decision is great for Texas workers because it assures them that they will be covered, and it reinforces a longstanding workers’ compensation rule,” Mary Barrow Nichols, general counsel and senior vice president for Texas Mutual, said. “This straightforward ruling from the Texas Supreme Court is also positive for Texas employers, because it strengthens the exclusive remedy protection given to workers’ compensation policyholders.”

Previously, the court of appeals awarded nearly $3 million in damages to the family of a temporary worker who died on the job at Port Elevator. Texas Mutual provided workers’ compensation insurance for Port Elevator, and the temporary staffing company had workers’ compensation through another insurance company. The plaintiffs claimed that Port Elevator intended to and did exclude the worker from its workers’ compensation coverage on various theories rejected by the court. The court held that an employee may have more than one employer, and each employer who has workers’ compensation insurance is entitled to the exclusive remedy as a bar to claims about the injury.

Fire and chemical accidents, falling objects, ergonomic injuries, and slips, trips, and falls are some of the most common industrial accidents. Fortunately, most types of industrial accidents are preventable with repeated safety training and industry-specific safeguards.

Hazardous materials

Some industries have a higher likelihood of a large-scale workplace accident because of the materials that are handled. For example, the Chicago fire in 1871 was made more severe because of the heavy concentration of industry materials in a small area—lumber, fuel and chemicals, among others.

Routinely check the emergency evacuation and sprinkler system, and hold regularly scheduled emergency drills. If a workplace accident requires evacuation, employees should know the proper procedures. Fast, calm action after an accident can save lives.

Chemicals carry their own special hazards. The key to avoiding a chemical accident is to know how to properly use and dispose of these chemicals. Material safety data sheets (MSDS) are important components of workplace safety. MSDS are intended to provide workers and emergency personnel with procedures for safely handling or working with chemical substances. MSDS include information about the materials, such as physical data (melting point, boiling point, flash point, etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment and spill-handling procedures. Every employee should know what chemicals are present in the workplace and how to use MSDS.

Strenuous activity

Industrial jobs often require heavy lifting or the use of heavy machinery, which can result in overexertion or exhaustion in the employee. It is important that employees know their limits when it comes to lifting objects and that they rest when necessary. It is not wise to continue a task and cause injury to the body. Some jobs may be more strenuous than others. Employers may require a physical exam to ensure their employees are able to perform the job properly and safely.

Additionally, there should be a clear outline on rules and requirements for overtime to avoid strain on employees. Fatigue is extremely hazardous in the workplace, especially in industrial settings where employees may be working with heavy machinery or hazardous materials. Every employee should be well rested and alert when they come to the workplace. If the job requires employees to work for long stretches of time, especially on their feet, then employers should provide a rest area for breaks or naps between shifts.

Slips, trips and falls

Slips, trips and falls are some of the most common injuries in most industrial settings. By removing the hazards, employers can reduce the risks for fall injuries. If there are any spills, ensure they are cleaned up promptly and “Caution: Wet Floor” signs are displayed. Electrical and telephone cords should be routed around doorways and walkways to keep walking paths clear. Worn, torn or loose floor coverings should be repaired or replaced immediately. Floors should be swept or vacuumed daily, and proper footwear, shoes and boots with nonslip soles should be worn at all times to reduce the risk of employee slip and fall accidents.

Some companies, such as Corpus Christi-based Refinery Terminal Fire Company (RTFC), pride themselves on putting these safety practices to work.  

RTFC was created in response to what is largely considered America’s worst industrial accident. In 1947, a French cargo ship carrying 2,300 tons of ammonium nitrate exploded while docked in Texas City. More than 500 people died, including 28 firefighters. The following year, RTFC was created in the Corpus Christi port area.

Today, RTFC responds to fires, rescues, medical and hazardous materials emergencies in the oil, petrochemical, pipeline and port facilities across Texas. The company’s employees are committed to doing their jobs safely.  

Aside from having a dedicated safety officer, RTFC starts every day with a safety meeting to review the hazards of the job. Together, the staff reviews a safety checklist about personal protective equipment to ensure that all equipment is in proper working order.

During monthly safety meetings, the staff reviews any incident that may have occurred in order to learn from it. RTFC’s goal is to uncover the root causes of incidents, identify ways to prevent similar incidents and continue to keep employees engaged in workplace safety.

It’s important for employers to learn from each other and gather best practices for workplace safety. RTFC is as a prime example of how to operate together and safely.

Whether at a large, complicated operation such as a refinery or in a small, family owned business, proper workplace safety training and safeguards can reduce the number of on-the-job injuries, which is a benefit to the company and—more importantly—its employees.

Since 1999 Texas Mutual—the state’s leading provider of workers’ compensation insurance—has awarded a combined $2.8 million in safety education grants, and 20,000 students have attended free safety courses at the three colleges over the past 13 years.

“We are grateful for the support that Texas Mutual continues to show Kilgore College and the emphasis the company places on safety education in the workplace,” said William Holda, Ph.D., president of Kilgore College. “Since the beginning of our partnership with Texas Mutual, the KC Risk Management Institute has been a valuable resource for area employees and employers. It has not only proved to be an important educational tool for participants, but has also helped to make them more competitive in today’s job market.”

Courses at the safety institutes include general topics, such as ergonomic safety and OSHA standards, but students may also choose to attend courses tailored to the dominant industries in the Houston, Midland and Kilgore areas.

In addition to these safety grants, Texas Mutual hosts free workers’ compensation workshops across the state for local employers. The workshops include a presentation by Texas Mutual safety professionals and an opportunity for continuing education on workplace safety, workers’ compensation and fraud prevention.

“These grants and workshops exemplify Texas Mutual’s ongoing commitment to workplace safety and prevention of workplace accidents through education,” said Bob Barnes, chairman of the Texas Mutual board of directors. “We recognize the value safety education provides to employers—giving them tools to keep their businesses, and more importantly, their employees safe. Safety education is always a sound investment.”

For more information about the workshops and safety courses, visit texasmutual.com.

Vanco Insulation, Inc., owned by Robert Crow of Midland, obtained workers’ compensation coverage through Texas Mutual from April 2003 to October 2006. During that time, related company, AB Abatement, Inc., misrepresented numbers of employees and payroll associated with the Vanco Insulation, Inc. policies to Texas Mutual.

Because workers’ compensation insurance premium is based, in part, on payroll, this type of scheme results in an employer being charged a lower premium than it actually owes. By hiding payroll, an employer can gain an unfair advantage over competitors.