Insurance

You could be personally liable for injuries under N.C. workers’ comp law

07/25/2008

On-the-job injuries generally are covered by the North Carolina Workers’ Compensation Act and the required workers’ compensation insurance. That means employers are not liable for negligence, and that employees receive benefits under the act whether or not their employers were negligent and whether or not the employees were contributorily negligent. But in certain cases the employer and its managers—as well as co-workers—can be liable for certain workplace injuries …

Can FMLA leave run concurrent with workers’ comp?

07/25/2008

Q. May I treat as being on FMLA leave an employee who is absent with an injury covered by workers’ compensation? …

Contacting the Georgia Department of Labor

07/21/2008

Q. I understand that my company can be held liable for statements I make to employers seeking references for my former employees. What about statements I make or information I provide to the Georgia Department of Labor (GDOL) regarding employment security benefits? …

‘Utilization review’ is exclusive way to challenge treatment

07/18/2008

The California Supreme Court has ruled that there is only one way for employers to challenge the medical treatment injured workers and their doctors want to pursue. All challenges must use a process created by the California Legislature called “utilization review.”

Same-sex marriage: What the trend means for employers and HR

07/17/2008

No federal law mandates that employees who are in state-sanctioned same-sex unions must receive the same employee benefits that heterosexual married couples receive. But the writing is on the wall. And even employers in states that ban same-sex unions may find themselves targeted by advocates for greater benefits …

Must we offer EAP services to those on COBRA?

07/17/2008

Q. Currently, we offer our employee assistance program (EAP) to those who elect COBRA coverage. But are we required by law to offer the EAP to COBRA participants? This is the first time I’ve seen a company offer an EAP through COBRA. Participants pay $3.08 plus a 2% administrative fee if they elect. — T.A., Maryland …

States settle deceptive practices lawsuit against Express Scripts

07/14/2008

Pharmacy benefits management giant Express Scripts has agreed to pay $9.5 million to 28 states, including Florida, to settle lawsuits alleging deceptive business practices. The lawsuits claimed the company convinced doctors to change patients’ cholesterol drug prescriptions to brands that offered Express Scripts a rebate …

Back pain and workers’ compensation

07/11/2008

Q. We have an employee who has a “bad back.” We have medical reports indicating he has a congenital back problem that frequently causes severe pain. Although he has a light-duty job, he frequently misses work because of his back pain and often seeks workers’ compensation benefits during his absences. Are we always going to be liable for workers’ compensation benefits when his back prevents him from working? …

Before canceling health insurance, beware FMLA trap that could cost big bucks

07/09/2008

If, like many employers, you provide health insurance benefits to full-time employees but not part-time ones, you may be tempted to cancel coverage as soon as an employee falls to part-time status. But what if the employee is eligible for FMLA leave? Canceling may not be an option—and can lead to a big jury award …

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