Risk & Safety Tips from the ILLINOIS PUBLIC RISK FUND IPRF.com ISSUES MARCH 2021 Vol. 20, No. 2 • Bi-Monthly Issue
ILLINOIS PUBLIC RISK FUND 3333 Warrenville Rd. Cost Control Through Cooperation Since 1985 Lisle, Illinois 60532
INSIDE THIS ISSUE: Covid-19 and Mental Health ...... 2 PEDA and Workers’ Comp Benefits ...... 3, 4 HURT ALERT: Salt Truck Auger ...... 4 Spring IPRF Legislative Watch List ...... 5 Is Opioid Accessibility Fueling Addiction? . . 6 IPRF Risk Reminder: 3 Point Contact ...... 7 IPRF Announcements ...... 8 IPRF Claims & Loss Control Directory ...... 8
Illinois Springtime Beauty WHAT COVID-19 IS TEACHING US ABOUT MENTAL HEALTH Pandemic anxiety, depression and isolation gives us a taste of what employees face in overcoming a work injury. Americans have come a long way in better understanding and appreciating mental health and its important role in maintaining activities of daily living. This is especially true now, as we struggle to cope with a pandemic that has just started to loosen its grip on our way of life. With a third of Americans showing signs of clinical depression over the past two months and two-thirds of adults reporting more stress now compared to this time last year, living with anxiety, depression, loss, isolation and fear has become a major problem for many. For those concerns early on so injured workers can receive a true of us in the workers’ comp industry, we are getting a taste severity score to determine what needs to be addressed of the psychosocial effects many injured employees face throughout the claim. during their recovery. “Case managers often play a role, similar to a detective, in And perhaps stepping in those shoes may help the discovering what underlying problems there may be that industry further recognize the need for psychosocial could be delaying the claim,” Blue told R&I. intervention and retire old stigmas regarding mental health and claims management. I was recently And, as coronavirus continues to ramp up anxiety and encouraged to see Risk and Insurance publish an article psychosocial concerns in injured employees, Blue says that focuses on the “7 Mental Health Myths — and Why that early case management intervention can make all the They Matter in Workers’ Comp.” The detailed piece difference in the world in closing claims on time. During features leading industry experts who discuss the most this pandemic, we’ve seen numerous examples of how common misconceptions regarding mental health in our case managers helped address anxious workers’ industry that, when not correctly addressed, lead to delays concerns to ensure they continue to progress through in claim duration and return to work. their claims. Uncovering the Myths So, as we all continue to adapt to an uncertain and, often, fearful world, we’ve begun to walk that mile in the injured Chief among these is that psychosocial concerns need employee’s shoes. Here’s hoping we complete this only be addressed in those injured employees with pre- journey with a better understanding of how much mental existing mental health disorders. As Mariellen Blue, health impacts overall health and well-being. National Director of Case Management Services at Genex Services, points out in the article even minor injuries can Could psychosocial issues be the cause of your delayed bring on symptoms of anxiety and depression in claims? Learn how Genex case management can help otherwise mentally stable individuals. So much so, that keep your injured employees on the path to recovery. some psychologists have nicknamed this type of Article compliments of: adjustment disorder “broken bone depression.” https://www.genexservices.com/ Another long-standing myth in workers’ comp is that mental health concerns drive up claims costs and delay return to work. However, as Blue notes in the R&I article, though there is often a connection between high claims costs, delayed return to work and mental health, many of 24/7/365 CLAIMS those who subscribe to this myth have the connection backwards. Depression isn’t causing the inability to REPORTING return-to-work; it’s the inability to return-to-work that causes the depression. “Work really defines who you are as a person. It gives you purpose in life. When that’s taken away from you, depression is something that can set in,” Blue said in the article. Illinois Public Risk Fund Early Recognition Leads to Better Coping Which leads to another myth referenced in the piece, that mental health can’t be approached from a preventative 1-844-522-6082 standpoint. In fact, early case management intervention Email: [email protected] has been successful in better addressing mental health
Page 2 PEDA THE INTERSECTION Public Employee OF PEDA & WORKERS’ Disability Act COMPENSATION BENEFITS When an employee injured in the line of duty whether the employee may also sustains an injury recover workers' compensation benefits when she is while “on the job,” already eligible for benefits under PEDA? Subpart (d) most commonly, specifies that during the period of disability, any salary the employee seeks counsel for a workers’ compensation compensation due the injured person from workers' claim, while the employer looks for the name and compensation or any salary due her from any type of telephone number of its insurance agent so its workers’ insurance that may be carried by the employing public compensation carrier can be notified. When the injury is entity “shall revert to that entity during the time for which suffered by a public employee, workers’ compensation is continuing compensation is paid” under PEDA. not the only avenue an injured worker, and the employer of Furthermore, any person with a disability receiving an injured worker, should consider. compensation under the provisions of PEDA is not entitled Both public employers and employees in the State of to any benefits for which she would qualify because of her Illinois should be familiar with the Public Employee disability under the provisions of the Illinois Pension Code. Disability Act (5 ILCS 345/1 et seq.; “PEDA”). PEDA See 5 ILCS 345/1(d). provides that any part-time or full-time public employee is The framework of PEDA is designed to prevent an injured eligible to receive benefits for injuries suffered on the job. employee from “double dipping” so that she cannot Specifically, PEDA defines an “eligible employee” collect both PEDA benefits and workers’ compensation as follows: benefits, or receive benefits under the Illinois Pension [A]ny part-time or full-time State correctional officer or Code, at the exact same time. Otherwise, an injured any other full or part-time employee of the employee could recover PEDA benefits, which covers the Department of Corrections, any full or part-time entire amount of an injured employee’s wages for a year. employee of the Prisoner Review Board, any full or And, that same public employee could recover workers' part-time employee of the Department of Human compensation Temporary Total Disability (“TTD”), which Services working within a penal institution or a State typically covers 2/3 of the injured employee's wages. The mental health or developmental disabilities facility result would be a financial “windfall” to the injured operated by the Department of Human Services, and employee. To be clear, however, receipt of PEDA benefits any full-time law enforcement officer or full-time does not perpetually prohibit an employee from receiving firefighter, including a full-time paramedic or a workers' compensation benefits. An employee can receive firefighter who performs paramedic duties, who is TTD from workers’ compensation after the year of PEDA employed by the State of Illinois, any unit of local benefits has been exhausted. government (including any home rule unit), any State supported college or university, or any other public entity granted the power to employ persons for such purposes by law. See 5 ILCS 345/1(a). Subpart (b) of PEDA provides that whenever an eligible employee suffers any injury in the line of duty that causes her to be unable to perform her duties, she “shall” continue to be paid by the employing public entity on the same basis as she was paid before the injury, with no deduction from her sick leave credits, or compensatory Although PEDA inhibits the ability of an injured public time for overtime accumulations or vacation. The time- employee from double dipping, it does not conflict with limit for benefits under PEDA is one year. An employee of workers’ compensation in all respects. While PEDA will the Department of Corrections or the Prisoner Review only cover wages, workers’ compensation benefits will Board working within a penal institution or an employee of also pay for medical or rehabilitation treatment. Also, the Department of Human Services working within a while an employee collecting PEDA benefits cannot work departmental mental health facility only qualifies for (with or without monetary compensation), an employee benefits under PEDA if the injury is “the direct or indirect can still collect partial workers' compensation benefits if result of violence by inmates of the penal institution or she is able to return to work in a reduced/limited capacity. residents of the mental health or developmental Another important aspect of PEDA benefits involve their disabilities facility.” tax treatment by the IRS. PEDA benefits are not subject to See 5 ILCS 345/1(b). income tax. The IRS understands that state and local Of course, the question arises when a public employee is government employees, such as police officers and
Page 3 PEDA & WORKERS’ COMPENSATION, CONT. firefighters, may receive payments due to an injury in the line of duty under a statute that isn’t the general workers’ compensation law of a state. “If the statute limits benefits to work-related injuries or sickness and doesn't base payments on the employee’s age, length of service, or prior contributions, the statute is ‘in the nature of’ a workers’ compensation law. Payments under a statute in the nature of a workers’ compensation law aren't sick pay and aren't subject to employment taxes.” PEDA benefits are an important aspect to public employment, and the intricacies of such benefits should be familiar to both public employers and their employees. This article was written by Joshua Rosenzweig, IPRF Legal Counsel. For more information, contact Josh via email: [email protected], or call (630) 682-0085.
HIGHLY URGENT REMEDIAL TRAINING
Purpose: The purpose of the HURT ALERT is to inform our members of a recent incident in which a member’s employee was or could have been seriously hurt. IPRF encourages all members to review the HURT ALERT and analyze if any corrective measures are needed within your organization. Our goal is to prevent the re-occurrence of a similar incident. Topic: Working on equipment while it is running. Accident Description: A snowplow operator was attempting to unjam a salt blockage within the dump truck. In order to reach into the dump truck, the employee was standing on a pile of salt. The employee slipped on the pile of salt, as he reached out to catch his fall, he got his hand caught in the operating salt auger/spreader. Photograph: The picture at right illustrates an auger used for spreading salt. Potential Discussion Points/Preventative Action: 1. Turn off machinery when working on or near it. a. Either lockout/tagout or notify co-workers of situation. b. Work from a stable area. In this case employee stood on salt. 2. Provide proper training: a. This includes lockout/tagout. b. Use of proper tools for safe performance of task. References: 1. IPRF Loss Control Manual: Section 20 – Establishing a Lockout/Tagout Program 2. OSHA Fact Sheet for LOTO: https://www.osha.gov/OshDoc/data_General_Facts/factsheet-lockout-tagout.pdf Should you be interested in receiving any additional information, please contact your IPRF Loss Control Consultant or email our Loss Control Department at [email protected]
OUR BUSINESS IS YOUR WELL BEING AAA IPRF has continuously ILLINOIS PUBLIC Illinois’ largest self-insured pool for received the highest RISK FUND Workers’ Compensation, financial stability rating www.iprf.com successfully serving public entities since 1985. “AAA” Unsurpassed.
Page 4 ILLINOIS GENERAL ASSEMBLY (IGA) 2021 SPRING SESSION IPRF LEGISLATIVE WATCH LIST (UPDATED 02/25/21) The 2021 Spring Session of the Illinois 102nd General Assembly has begun. With each new session, thousands of bills are introduced and many of those bills could impact our Members, as well as the Fund. Due to that potential impact, the IPRF Legislative Advocacy Committee will be reviewing every bill for its potential effect. February 19, 2021 marked the deadline for the introduction of substantive bills to be introduced in both the House and the Senate. With that said, we have 20 bills on our legislative watch list that we will be tracking over this legislative session. We strongly encourage our members to visit the Illinois General Assembly website, http://www.ilga.gov/ and review each bill listed on our list to assess the impact of that bill have on your organization as well. As the IPRF Legislative Advocacy Committee takes an official position of these bills, we will disseminate to our members Legislative Updates and when necessary, Call to Action Alerts. As you review the legislative watch list, we encourage you to provide feedback and questions by emailing GENERAL ASSEMBLY DEADLINE DATES Robert M. Buhs, Executive Director at [email protected] February 5, 2021 Deadline for LRB Request February 19, 2021 Introduction of Substantive Bills And as always, IPRF members are encouraged to March 26, 2021 Substantive Bills Out Of Committee contact their state elected officials and let them know April 23, 2021 Third Reading of Substantive Bills our position. IPRF LEGISLATIVE WATCH LIST BILL SPONSOR SHORT DESCRIPTION IPRF POSITION LOCATION COMMITTEE ASSIGNMENT HB0128 Michael Halpin UNEMP INS-WRKR COMP RATES WATCH House Referred to Rules Committee HB0351 Lance Yednock PEN CD-DNST FIRE-INJURY REPORT WATCH House Referred to Rules Committee HB1957 Thaddeus Jones INS-VARIOUS WATCH House Referred to Rules Committee HB2947 Bob Morgan INSURANCE COMPLIANCE DIVISION SUPPORT House Referred to Rules Committee HB2965 Dan Ugaste WRKRS COMP EMPLOYEE TRAVEL SUPPORT House Referred to Rules Committee HB3081 Kambium Buckner WORKERS COMP COVER PTSD WATCH House Referred to Rules Committee HB3293 Jay Hoffman WKR COMP COMM SALARIES SUPPORT House Referred to Rules Committee HB3554 Dan Ugaste WORKERS COMP-PRIOR INJURY SUPPORT House Referred to Rules Committee HB3555 Dan Ugaste WORKERS COMP-BENEFIT RATES SUPPORT House Referred to Rules Committee HB3556 Dan Ugaste WORKERS COMP-CAUSATION SUPPORT House Referred to Rules Committee HB3557 Dan Ugaste WORKERS COMP-SHOULDER-HIP SUPPORT House Referred to Rules Committee HB3558 Dan Ugaste WORKER COMP-DRUG FORMULARY SUPPORT House Referred to Rules Committee HB3559 Dan Ugaste WORKERS COMP-FEE SCHEDULE SUPPORT House Referred to Rules Committee HB3560 Dan Ugaste WRKRS COMP-COMPOUND DRUGS SUPPORT House Referred to Rules Committee HB3654 Dan Ugaste WKRS COMP-COVID VACCINE LIMIT SUPPORT House Referred to Rules Committee HB3662 Marcus C. Evans, Jr. WKRS COMP-MRSA PRESUMPTION OPPOSE House Referred to Rules Committee HB3697 Jay Hoffman WRK CMP-BIOMETRIC NOT PREEMPT OPPOSE House Referred to Rules Committee HB3837 Lindsey LaPointe PENSION & WRKRS COMP-PTSD WATCH House Referred to Rules Committee HB3896 Michael Halpin INS CD-EMPLOYERS INS CO OPPOSE House Referred to Rules Committee SB0301 Neil Anderson WRKRS COMP-FIREFIGHTER/EMT OPPOSE Senate Assigned to Judiciary
Page 5 IS OPIOID ACCESSIBILITY FUELING ADDICTION? Opioid addiction has claimed roughly 450,000 lives in the United States from 1999 to 2018, according to the U.S. Centers for Disease Control and Prevention. Although there are many articles indicating a reduction in opioids, they continue to be widely dispensed to workers with work-related injuries in several states, according to a study released by the Workers’ Compensation Research Institute. For more information on opioids and There are a number of lawsuits that have made the news recently on the cases listed at left, please visit: addressing this. In an article published by Business Insurance it was noted that there are more than 3,200 lawsuits pending against drug makers seeking to hold drug makers, distributors and pharmacies responsible for opioid addiction. There was also an article in October 2020 advising that Walmart filed a lawsuit against the federal government seeking clarity on the roles and legal responsibilities of pharmacists and pharmacies in filling opioid prescriptions. This lawsuit was dismissed in February 2021 by a federal judge in Texas. The government has filed its own lawsuit accusing https://www.hhs.gov/opioids/ Walmart of fueling the U.S opioid epidemic by filling prevention/index.html thousands of invalid prescriptions. We will continue to monitor this issue. The Drug Enforcement Administration’s (DEA’s) resource guide is designed to be a reliable resource on the most commonly abused and misused drugs in the United States. This comprehensive guide https://www.businessinsurance.com/ provides important information about the harms and article/20210204/NEWSO6/912339566/ consequences of drug use. McKinsey-to-pay-$573-million-to-settle- Drugs of Abuse, A DEA Resource Guide: 2017 Edition Purdue-Pharma-opioid-claims-Source
Accidents happen. Fortunately, IPRF is here to help you MEDICAL CARE MADE EASY move forward. IPRF connects you with healthcare professionals at the time of injury so you can get the quality care you need and return to work faster. The HIPPA-compliant platform is accessible from any smart device or computer. ADVANTAGES • 24/7/365 availability • On-demand consultations • Board-certified physicians & NPs • Avoid hassle of urgent care
TELEMEDICINE WHAT WE TREAT (Common Injuries) • Sprains/Strains • Bodily Fluid/Infectious • Back Pain Disease Exposures WE WANT TO HEAR FROM YOU! • Abrasions • Burns & Rashes Tell us about your experience using Telemed at [email protected] • Bites • Contusions
To speak with someone at IPRF regarding Telemedicine, please call us at (888) 532-6981
Our members are doing great things, and we want to share that information in our bi-monthly newsletter. Please send IPRF photos to [email protected] with a brief description of what is happening, then check the IPRF newsletter to see if you’re WE WANT YOUR PHOTOS FOR photo has been featured. If your photo is selected, you walk away with awesome IPRF THE IPRF NEWSLETTER! gear, so snap away!
Page 6 ILLINOIS PUBLIC RISK REMINDER RISK FUND 3 POINT CONTACT
Help to prevent slips and falls while working by maintaining three points of contact when entering or exi ng the cab of your equipment. The operator should have two feet on the foot placement steps and one hand on the handhold, or two hands on the handhold and one foot on the step. The fact is that three-point contact gives you the best balance and least chance of slipping, tripping or falling, as well as the best chance to catch yourself if you do slip. Cabs can be several feet off the ground, and an operator can sustain serious injuries if he/she falls while entering or exi ng the cab. Transi oning out of the cab and onto uneven terrain, slippery, muddy or wet surfaces can cause slips and falls. Mud and water can accumulate on yard surfaces and be transferred to the operator’s shoes. In winter weather, snow and ice can accumulate on hand rails and foot placement steps that leads into/out of the cab. To reduce these exposures, consider: • Use of foot and handholds, as well as non-skid step material, can help prevent such falls. • Remember to always face your equipment when entering or exi ng your cab. • Put anything you are carrying into the cab first, and then climb in. Don't try ge ng in with an armful. • Operators should be aware of which leg they lead with when climbing into and out of the cab. • Based on the design of the steps, leading with the le or right leg can reduce the amount of twis ng of the torso and increase the ease of maintaining a three point stance. • The operator must be aware that jumping from a cabs is an unsafe and prohibited prac ce. This is especially true when considering some of the ruts and uneven terrain you encounter on a job-site. Jumping out of the cab and landing on this uneven terrain can cause significant injuries such as twisted or broken ankles. • Also avoid bad habits such as swinging down from the cab, skipping or missing steps.
IPRF Reminds You To Think Safety, Work Safely and Be Safe!
“It is hard to fail, but it is worse never to have tried to succeed.” ~ Theodore Roosevelt
USING IPRF RX CARDS Illinois Public Risk Fund FOR WORK INJURIES Did you know that you can use an IPRF Rx card to pay for prescription drugs related to a covered work injury? In order to provide the best claims experience to IPRF injured employees, IPRF partners with CastiaRx, to provide customized Rx cards for employees who require prescription drugs. The card can be used at all major retailers and will cover 100% of the work related prescriptions. When you file a claim with your employer, they will provide you with all the information needed to fill your first prescription. You will then receive a personal card in the mail a few days later. This card can then be used throughout the life of your claim to pay for all prescriptions, related to the work injury. Please contact your IPRF Claim Advocate with any questions on Rx cards or for any assistance with your claim.
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ANNOUNCEMENTS DIRECTORY? Look no further!
IPRF Team Member Birthdays • Carolyn Biagi • Paul Boecker • Kevin O’Rourke • Daniel Stella
Celebrating IPRF Anniversary • Carolyn Biagi ~ 12 Years • Elena Lumbreras ~ 8 Years • Glenn Macey ~ 19 Years • Lisa Spangler ~ 6 Years IPRF is privileged to have such a collective group of • Karen Thomas ~ 1 Year experienced and ambitious leaders to guide our organization. Their mastery efforts surrounding insurance has truly driven us to great heights. 24/7/365 CLAIMS REPORTING All contact information for the IPRF Claims and 1-844-522-6082 Loss Control Departments can be found by clicking here Email: [email protected]
ILLINOIS PUBLIC RISK FUND Cost Control Through Cooperation Since 1985 HOW CAN WE BETTER SERVE YOU? ILLINOIS PUBLIC RISK FUND The Illinois Public Risk Fund (IPRF) Cost Control Through Cooperation Since 1985 is dedicated to its members and is always working toward higher levels of service. TOLL FREE: 1-888-532-6981 We need your input on: Toll Free Fax: 1-888-223-1638 • Safety Concerns • Claims • Loss Control 3333 Warrenville Rd., Suite 650, Lisle, Illinois 60532 • Timeliness of Claims Processing • Helpfulness & Courtesy of Our Claims Team Back issues available online at: www.IPRF.com The information contained in this newsletter has been obtained from Please contact Robert M. Buhs sources believed to be reliable, and the editor has exercised reasonable IPRF Executive Director care to assure its accuracy. However, the Illinois Public Risk Fund (IPRF) does not guarantee that the contents of this publication are correct, and the (708) 935-9979 or statements attributed to other sources do not necessarily reflect the email: [email protected] opinion or position of IPRF.
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