TANs Day at the Capitol Set for Feb. 26

TAN's "Day at the Capitol" Set for Feb. 26

The Texas Alliance of Nonsubscribers’ biennial lobby day at the Texas Capitol is set for Wednesday, Feb. 26. The day provides TAN members the opportunity to visit the Capitol during the state’s legislative session and meet with legislators to provide information about the organization and key issues of interest. The day is an important day for legislators to be introduced to “responsible nonsubscribers” within their communities and learn more about the state’s nonsubscription option. It has historically been a popular and enjoyable day for TAN’s members who participate.

The day will begin with a brief prep and training session at 10 a.m. at the offices of the Texas Star Alliance (1122 Colorado, Suite 102) across the street from the Capitol. Following the training, attendees will go in groups to the Capitol for meetings scheduled by TAN’s government relations team. Lunch will be provided at Texas Star Alliance’s office. Anyone interested in attending may register here. If you have questions about the day, you may contact tim.conger@bravarro.com.

TDI-DWC Announces New E-File Tool for Form DWC 5

Texas employers who choose not to provide workers’ compensation coverage for their employees are required to report their coverage status to The Texas Department of Insurance, Division of Workers’ Compensation each year using Form DWC 005. Employers can now use the new Employer E-File portal to file their yearly notices.

The new E-File portal:

  • Allows nonsubscribers and their agents to file annual notices online, from any device, 24 hours a day.
  • Lets nonsubscribers quickly report workplace illnesses, injuries, or deaths as Texas law requires.

The nonsubscriber reporting period is February 1 – April 30. 

For more information visit the TDI website or email Coverage.Verification@tdi.texas.gov.

DWC: Fatal Workplace Injuries in Texas Drop Slightly

The Texas Department of Insurance, Division of Workers’ Compensation (DWC) says the state recorded 564 workplace fatalities in 2023, down from 578 in 2022. Private sector employees represented 93% of total fatalities, with 526 incidents in 2023. Workers in the trade, transportation and utilities industry had the highest number of workplace fatalities in Texas in 2023, with 183 incidents recorded, according to data.

Meanwhile, workplace fatalities in the construction industry declined during the same period to 126, from 141 the year previous.

The types of occupations that saw large changes from 2022 to 2023 include:

  • Construction laborers, with a 60% increase to 48 in 2023, up from 30 in 2022.
  • Building and grounds cleaning and maintenance, with a 46% increase to 41 from 28.
  • Management, with a 58% decrease to 13 from 31 in 2022.

There were 71 fatalities due to violent acts in 2023, with 61% from another person (43). Twenty-eight violent act deaths were due to intentional self-harm. In 2023 there were 246 transportation incidents, representing 44% of all incidents. There were 192 roadway incidents involving motorized land vehicles, with 59% from roadway collisions with other vehicles (114). Eleven workplace fatalities involved explosions and fires.

Falls, slips and trips (92) accounted for 16% of all fatal injuries. Within this category, 56% were attributed to falls to lower level — distances of 6 to 30 feet (52). Exposure to harmful substances or environments (52) accounted for 10% of all cases, with 22 of them due to exposure to electricity. Fifteen percent of all fatal injuries involved contact incidents (86), with 43% of them due to being struck by propelled, falling or suspended objects (37).

More information is available here.

Report Tracks Increase in Mega Workers’ Comp Claims

The frequency of mega workers’ compensation claims is increasing, according to new research from 10 workers’ compensation rating bureaus.

Mega claims, defined as claims with reported losses above $2 million, represent less than 0.1% of total workers’ compensation claims but account for more than 2% of total loss dollars, in excess of $1 billion each year. The new research was compiled by the National Council on Compensation Insurance (NCCI), in collaboration with nine other workers’ compensation rating bureaus, and updates a 2020 analysis produced in response to stakeholder concerns about the relative frequency and cost of mega claims.

The new research shows that as of the end of 2022, 11,330 claims from accident years 2001 through 2021 were reported with incurred loss of more than $2 million.

Key findings in the report include:

  • The share of claims greater than $5 million is higher than those in the $2 million to $5 million range for injuries in construction to the head and brain and from motor vehicles. Claims with these characteristics also represent a larger share of losses more than $2 million.
  • Claims in the highest severity categories are also the fastest to emerge. The categories with slowest emergence are office and clerical, lower back, and strain or injury by strains.
  • Burn and electric shock mega claims have the fastest emergence. Almost all burn and electric shock mega claims are recognized within the first 18 months of policy inception.
  • Claims take longer to exceed the $2 million threshold than higher thresholds. Based on historic emergence, around 40% of mega claims reach the $2 million threshold by 18 months from policy inception and 82% of mega claims reach that threshold by 126 months from policy inception.

The report is available here.

OSHA and Amazon Settle Safety Inspection Case

The Occupational Safety and Health Administration (OSHA) and Amazon have settled a case stemming from safety inspections at 10 Amazon facilities beginning in the summer of 2022. This settlement resolves OSHA’s multiple ergonomics cases against Amazon, in the first major multi-site investigation brought by OSHA in more than a decade.

The parties were scheduled to begin trials in 10 cases before the OSHA Health Review Commission over alleged ergonomic issues found in inspections conducted across the 10 Amazon facilities.

The agreement requires Amazon to ensure ergonomic requirements are effectively implemented at each Amazon facility covered by the agreement. The agreement also applies to all Amazon fulfillment centers, sortation centers, and delivery stations, among other facilities, in federal OSHA’s jurisdiction. It provides an alternative dispute resolution process intended to quickly address and correct ergonomic hazards raised by Amazon workers.

Under the settlement, the parties will meet biannually to discuss leading and lagging indicator data, including muscular skeleton disorder injury trends, the status of pilot projects and controls intended to address ergonomic risks, and elements of Amazon’s corporate ergonomic program. Amazon will also pay a penalty of $145,000, more than 90% of the amount assessed by OSHA in the ergonomics citations.

The settlement also contains the following commitments:

  • Amazon’s corporate ergonomics team must conduct ergonomic risk assessments, identify and pilot engineering controls, provide ergonomic support and expertise to local sites, and have a designated Site Ergonomics Lead. SELs must review corporate’s ergonomic risk assessments and prepare their own site-level ergonomic risk assessments. SELs must also investigate and implement feasible site-specific controls.
  • Amazon must maintain multiple methods for employees to communicate with Amazon regarding ergonomic concerns and potential solutions, including methods that permit employees to submit concerns anonymously, if desired.

The agreement is for two years, although either party may seek to terminate the agreement after one year.

Survey Shows Frequency of Job Injuries in Retail and Wholesale Sectors

Nearly four in 10 on-the-job injuries in the retail and wholesale trade industry occur with workers who are in their first year on the job, says a new report from workers’ compensation insurer Sentry.

Sentry analyzed more than 22,000 of its injury claims to identify trends. Among its findings:

  • On average, employees missed 70 days of work due to injury.
  • More than 60% of industry injuries involved workers under 30 and over 50.
  • Workplace hazards such as falling objects, slippery surfaces, and strains from lifting inventory contributed to a significant portion of injuries.

According to Sentry, 38% of on-the-job injuries occurred within a worker’s first year at a retail or wholesale company, regardless of age. The second highest percentage of injuries — 28% — occurred among workers with a tenure of between one and five years.

Top injury causes identified by Sentry were strain by lifting (11%), struck by falling/flying object (8%), and slips from the same level (7%). Strain (27%) was the most common injury type, followed by contusion (18%) and laceration (15%). The most common body parts injured were fingers (11%), multiple (11%), and lower back (10%).

The report is available here.

Pew Research: Workers’ View of DEI Declines

American workers’ opinions on diversity, equity and inclusion (DEI) in the workplace have become more negative in the past 12 months, according to a Pew Research Center survey.

Compared with February 2023, workers are now somewhat more likely to say that focusing on increasing DEI at work is mainly a bad thing, and that their company or organization pays too much attention to increasing DEI.

About half of workers surveyed (52%) now say focusing on increasing DEI at work is mainly a good thing, down from 56% in February 2023. The share of workers who say this is a bad thing (21%) is up 5 percentage points since last year.

As was the case in 2023, women, Democrats, and Black, Hispanic and Asian workers are among the groups most likely to say focusing on increasing DEI in the workplace is a good thing. Republicans and men continue to be among the groups of workers most likely to see DEI efforts as a bad thing, and their views have become more negative since last year.

About four in 10 Republican and Republican-leaning workers (42%) now say focusing on DEI is a bad thing, up from 30% last year. The share of Republicans who offer a neutral view has dropped 8 points, while the share who see it as a good thing is virtually unchanged.

Among employed men, 29% say focusing on DEI is a bad thing, up from 23% who said this in February 2023. The share of male workers who see this as a good thing has dropped 6 points, from 50% in 2023 to 44% today.

Worker Responses to Extra Work

A new survey reveals that while 65% of workers feel empowered to say no to additional tasks, the emotional and mental toll of extra responsibilities continues to affect many employees. According to the survey, many employees are struggling to balance their professional responsibilities with personal well-being.

The survey was conducted in December by Resume Now. Among its findings:

  • Men are more comfortable setting boundaries (69%) than women (62%), while women are more likely to weigh the situation before saying no.
  • Younger workers (25 or younger) report the highest levels of empowerment to say no (77%) compared to workers aged 26-40 (56%) and workers aged 41+ (66%).
  • Workers aged 26-40 are the most likely to feel they cannot say no without negative consequences (12%), compared to just 3% of workers 25 or younger and 4% of those aged 41+.
  • Declining extra responsibilities commonly provokes relief (42%) and confidence in prioritizing tasks (31%).
  • Younger workers (25 and under) feel the most relief (45%) but also the most guilt (26%).

On the flip side, 59% of workers surveyed say they frequently experience burnout because of difficulty saying no to extra work. Additionally, accepting extra work often interferes with personal or family time, with 52% reporting occasional interference and 12% experiencing it constantly.

The survey also found differences when it comes to extra work’s impact on mental health, including differences in how men and women experience the issue. According to the survey, women are more likely than men to report frustration (43% vs. 36%) and difficulty concentrating (41% vs. 35%) because of extra work. Younger workers (25 and under) report higher levels of frustration (38%) and difficulty managing workloads (38%) compared to older colleagues.

A more detailed look at the survey findings is available here.

Judicial Workplace Arbitrations Joins the Texas Alliance of Nonsubscribers

Judicial Workplace Arbitrations, Inc. (JWA), a leader in workplace dispute resolution, is excited to announce its formal introduction to the Texas Alliance of Nonsubscribers. JWA offers innovative and effective arbitration services designed to meet the needs of employers and employees across Texas.

JWA specializes in providing impartial, confidential and streamlined arbitration processes for workplace disputes, focusing on reducing the time, costs and emotional toll of traditional litigation. With decades of combined experience in arbitration, JWA’s team of experienced neutral arbitrators is committed to resolving workplace disputes efficiently, fairly, and with respect for all parties involved.

JWA’s services benefit nonsubscriber employers that have opted out of the Texas workers’ compensation system and face distinct risks and liabilities regarding workplace injury claims, wrongful termination suits, and other employment-related disputes. By engaging in arbitration, employers and employees can avoid the lengthy and expensive process of going to court while ensuring that claims are resolved fairly and unbiasedly.

Key benefits of Judicial Workplace Arbitrations, Inc., include:

  • High-quality litigation partner for attorneys and their clients.
  • Cost-effective and confidential dispute resolution by experienced arbitrators.
  • All JWA arbitrators are former, senior or retired Texas judges.
  • Utilizes the Texas Rules of Civil Procedure & Rules of Evidence.
  • The same one-time administrative fee and refundable retainer fee regardless of the amount in controversy or the number of parties involved.
  • Proven history of handling Texas nonsubscriber cases since 2003.
  • One set hourly rate for all JWA arbitrators.
  • Personal service provided by knowledgeable and professional case administrators.

 For more information, please visit www.jwarbitrations.com.

Keeping Workers Warm Safely

Fresh from January’s artic blast of cold weather, Texas organizations are not necessarily safe from winter’s bite. February is historically the second coldest month in Texas, and with the winter weather comes challenges for keeping workers safe.

Besides the obvious risks that snow and ice bring for slips, trips and falls, cold weather brings danger that employers may not have considered. A common culprit is space heaters, which can cause fires if tipped over, and are also a potential source for carbon monoxide poisoning. In fact, the U.S. Mine Safety and Health Administration has warned space heaters have the potential to produce carbon monoxide poisoning when used in confined spaces such as vehicle cabs, work trailers, and other unventilated areas.

According to the federal Office of Congressional Workplace Rights, any space heater used in a business environment must meet the following conditions:

  • They must be approved by a Nationally Recognized Testing Laboratory, such as Underwriters Laboratory, Inc. Those not approved should not be used.
  • Space heaters must have an automatic safety switch (tip-over switch) that turns the unit off if it is tipped over.
  • Space heaters must have a thermostatic control that ensures that the unit will turn itself off and prevent overheating or creating an electrical hazard.

Workers’ compensation insurer AmTrust suggests that organizations that allow space heaters in the workplace create a policy regarding their safe usage. It suggests following these tips for using space heaters safely:

  • Always plug the space heater directly into an outlet. Never use an extension cord.
  • Place the space heater on a level surface with a 36-inch perimeter or clearance.
  • Only use a space heater in accordance with manufacturer specifications.
  • Do not set any objects on top of the space heater.
  • Do not leave it unattended. Always turn the space heater off when away from your work environment.

Texas News

NCCI
Texas—Legislative Activity
Summary of multiple Texas State legislature bills concerning workers compensation. Click here for full article. 

Insurance Business
Texas Mutual Reports 13% Drop in Serious Injury Claims for 2024
Texas Mutual has released insights into workplace injury trends for 2024, focusing on serious claims that include catastrophic injuries and fatalities. Click here for full article.

State News

Insurance Business 
Court Rules Workers’ Comp Cancellations Require Precise Notices
The Connecticut Supreme Court has ruled that insurers must comply with both state workers’ compensation rules and contract law requirements when issuing policy cancellation notices. Click here for full article.

Delaware.gov
Navarro Announces Eighth Consecutive Workers’ Comp Rate Decrease
Insurance Commissioner Trinidad Navarro announced today that workers’ compensation insurance rates will decrease for the eighth year in a row, effective December 1. Click here for full article.

Mesothelioma.net
Illinois Supreme Court Allows Workers’ Comp Claims for Mesothelioma
Mesothelioma victims whose occupational exposure to asbestos have numerous options for seeking compensation, including filing claims for workers’ compensation benefits, but some state’s rules have blocked these claims. Click here for full article.

Bloomberg Law
Illinois Workers’ Comp Exception Is Constitutional, Court Says
An Illinois statutory amendment broadening the ability for workers to sue for work-related diseases can apply to previously time-barred claims without violating due process, the Illinois Supreme Court said Friday. Click here for full article.

NFIB
New York Expands Workers’ Compensation for Work-Related Mental Stress to All Employees Beginning in 2025
Beginning in 2025, New York employees can file for workers’ compensation for specific types of mental injury caused by “extraordinary work-related stress.” Click here for full article.

Mintz
New York Expands its Workers’ Compensation Law to Extend Workplace-Related PTSD Coverage to All Employees
The most recent amendment to New York’s Workers’ Compensation Law, which went into effect on January 1, 2025, permits any employee to seek workers’ compensation benefits when they experience a “mental injury premised upon extraordinary work-related stress incurred at work.” Click here for full article.

Logan Daily News
Ohio Businesses Could Get Workers’ Comp Rate Cut
Private businesses across Ohio could have another drop in workers’ compensation premiums. Click here for full article.

Big Country News
Washington Man Pleads Guilty to Illegally Taking Workers’ Comp for Nearly 3 Years
Juan P. Delgado claimed his on-the-job injuries from falling off a ladder were so severe he couldn’t work for almost three years. But after investigators discovered he was working the entire time, the Pierce County man now has to pay back over $60,000 to the state workers’ comp fund. Click here for full article.

General News

Medical Xpress
Forgotten But Not Gone: COVID Keeps Killing, Five Years On
Five years since COVID-19 started upending the world, the virus is still infecting and killing people across the globe—though at far lower levels than at the height of the pandemic. Click here for full article.

American Hospital Association
OSHA Ends Efforts to Establish COVID-19 Safety Standard
The Occupational Safety and Health Administration Jan. 13 announced that it terminated efforts to establish a final COVID-19 safety standard to protect workers in health care settings. Click here for full article.

BBC
The Mystery of Why COVID-19 Seems to be Becoming Milder
When virologists took their first peek at XEC, the Covid-19 variant which started to become dominant in the autumn of 2024, the early signs were ominous. Click here for full article.

NCCI
Medical Inflation Insights
The Medical Inflation Insights report provides a quarterly overview of the latest insights and analysis into what is driving changes in prices and how these changes may or may not impact workers compensation. Click here for full article.

PBS News
5 Years After It Appeared, Things We Know and Still Don’t Know About COVID
Five years ago, a cluster of people in Wuhan, China, fell sick with a virus never before seen in the world. Click here for full article.

STAT
What COVID Tried to Teach Us – and Why It Will Matter in the Next Pandemic
Five years ago this week, STAT was interviewing nervous infectious disease scientists about a mysterious disease spreading in the central Chinese city of Wuhan, located roughly 500 miles west of Shanghai. Click here for full article.

Very Well Health
Flu, COVID, and RSV: RSV Season Peaks Across Most of the U.S.
Cases of respiratory syncytial virus (RSV) have peaked in many areas of the United States, according to data released last week by the Centers for Disease Control and Prevention (CDC). Click here for full article.

VOA
Could Bird Flu Pandemic ‘Dwarf’ COVID-19?
For the first time, a person in the United States has died after being infected with the bird flu. Louisiana health officials reported the death on Monday. Click here for full article.

WNEM
COVID: It’s Not Just Physical
Previous research on the effects of COVID-19 found it linked to heart attack, heart failure, brain fog, diabetes, and gastrointestinal issues. Click here for full article.

WorkersCompensation.com
Walgreens Lawsuit: Ripple Effects on Workers’ Compensation and the Opioid Crisis
The recent Department of Justice (DOJ) lawsuit against Walgreens sends shockwaves through multiple industries, including workers’ compensatio. Click here for full article.

WorkersCompensation.com
How to Leverage AI to Combat Burnout, Reduce Administrative Workload and Improve Retention for Claims Professionals
Staffing shortages have been in the headlines since the beginning of the pandemic. Today, this crisis is compounded by the “silver tsunami”—the mass exodus of older workers into retirement. Click here for full article.

WTAJ News
The Law and You: Can My Employer Fire Me While I’m on Workers Compensation?
With more than 80 years in practice in Altoona, Gieg and Jancula, LLC law firm offers the services of lawyers with a depth of experience. Click here for full article.

Yahoo! Life 
Ford Recalls Nearly 300k Diesel Trucks Because of COVID
Although Tesla held the title of most vehicles recalled for 2024, Ford Motor Company was hot on its heels with the number two spot. In one of its most recent recalls filed with the NHTSA, the Blue Oval added nearly 300,000 more vehicles to that total (which still leaves Tesla roughly half a million in the lead) because of another side effect of the COVID-19 pandemic. Click here for full article.