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Insurance Industry Defies Logic with Workers’ Comp Fraud Estimates

In recent months the California Department of Insurance has been trying to enlist “suspicious employers,” investigators, and “concerned co-workers” in the fight against insurance fraud by asking them to use social networks and “smart interviewing techniques that uncover information [leading] to prosecutions.”  The CDI is even holding workshops and distributing DVDs to reinforce their campaign.  Yet in the process, it’s been making some outrageous claims about the rates and cost of workers’ compensation fraud.

Recent discussions encouraging the use of tools like Facebook to combat fraud portray insurance companies as victims beset by California workers who “prey on the workers’ compensation system.” But in one rather ironic passage, the Department of Insurance tries to create the impression of a fraud epidemic in 2011 by citing the 103 individuals convicted of fraudulent acts “in and around the workers’ comp system” that year.  To me, 103 people in a state of 37 million didn’t seem like a very substantial percentage; but since I can’t do long division with numbers in the millions off the top of my head, I pulled out my trusty calculator to determine the rate of verified fraud in 2011 – based on the Insurance Department’s own figures:

Grand total: 0.0002%.

But just in case this doesn’t seem like sufficient cause for alarm, the California Department of Insurance reminds us that its figures don’t include cases that went undetected.  (So maybe the number is even bigger.)

The CDI’s argument goes from absurd to outrageous when it claims to have “new data”on the costs of insurance fraud last year: “the overall impact of fraud exceeds $1 billion annually, according to CDI estimates.”

One billion. With a “B.”

If this number bears any relation to reality, it might indeed support the Insurance Department’s suggestions of an epidemic. But again, I’m bad at unaided long-division when someone throws a number like one billion at me. So going back to that rate of convicted fraudsters, I once again run the figures through my calculator. And according to CDI’s allegations, costs would have to stand at an average of $9.7 million dollars per fraud case for this to be true.

For a brief moment, I considered the possibility that this was simply a typo – a scenario that’s hardly farfetched given the overtime hours that Public Relations folks have to put in for the Insurance Industry these days. But no: the California Department of Insurance reported similar numbers the previous year as well.

As countless events have shown over the past few years, banks and insurance companies do not have the best track record when it comes to accurately representing numbers — or the threat to national prosperity posed by American workers relative to the financial sector. Moreover, as studies by the American Association for Justice show, the lion’s share of criminal activity is committed by insurance companies, not by injured workers.

To learn more about how insurance companies put profits above people, please see our discussion of industry tactics used to deny injury claims for workers’ compensation injuries and personal injuries. And if you or someone you know needs help with an L&I claim, contact a Seattle Workers’ Compensation Attorney at Emery Reddy today. We also encourage workers to consult with an attorney prior to completing an Independent Medical Exam, which is often required by L&I for many workplace injury claims.

Do I have to have an Independent Medical Exam?

Union Membership Continues to Decline

Union membership in Washington State and the U.S. has fallen yet another year, continuing a trend now spanning several decades. According to the Bureau of Labor Statistics, membership rates in 2011 fell to 11.8% of the American work force.  That figure was down slightly from 11.9% in 2010, despite the fact that total union membership rose slightly by 49,000 workers last year (membership now stands at 14.76 million). The overall membership rate declined because the uptick in organized labor’s ranks failed to keep pace with an overall growth in employment.

The bureau announced these figures as American labor unions came under increasing political attack. Republican governors and Republican-controlled legislatures in Wisconsin and elsewhere have moved to diminish public employees’ rights to collective bargaining. More recently, Indiana is moving to become the first state in over a decade to implement a “right to work” law, which bars employers and unions from entering into contracts that require workers to pay fees for union representation.

According to the BLS, unions currently represent 16.3 million workers, some 1.5 million more than the total membership, suggesting that many workers choose to refrain from joining the unions that represent them in their place of work.

The percentage of public sector workers in unions stood at 37% last year, more than five times higher than the 6.9% membership rate for private sector employees. By comparison, more than 35% of private sector workers belonged to unions in the 1950s.

The Bureau of Labor Statistics claims that the total number of private sector employees in unions rose by 110,000 to 7.2 million, aided by a partial recovery in manufacturing and construction sectors. Yet as an increasing number of states, cities and school districts lay off workers, the number of public sector employees in unions fell 61,000, to 7.56 million.

The Labor Department reported that the highest union rates were in New York State, where 24.1% of workers are members; this is followed by Alaska (22.1%) and Hawaii (21.5%). North Carolina currently has the lowest rate at a mere 2.9%, followed by South Carolina (3.4%) and Georgia (3.9%).

If you are in need of a Washington Employment Attorney, Workers Compensation Lawyer, or need experienced counsel for any part of your L&I Claim, contact Emery Reddy for help with your case.  Our team can also provide confidential legal advice and representation to workers who have been ordered to complete an independent medical examination for a workplace injury.

Employee Misclassification as Independent Contractors

The Department of Labor’s recently-launched Misclassification Initiative – initiated though Vice President Joe Biden’s Middle Class Task Force – is showing signs of early success in cracking down on businesses that misclassify workers to cheat them of workers’ compensation benefits and other benefits to which they are entitled. The misclassification of employees as “independent contractors,” for example, harms both workers and the economy as a whole, denying individuals access to important benefits and protections like family and medical leave, overtime, minimum wage and unemployment insurance. Employee misclassification also has a negative impact on L&I’s workers compensation funds.

The Misclassification Initiative is restoring rights to those who have been cheated through their employer’s improper practices. In September of 2011, Secretary of Labor Hilda L. Solis signed the Memorandum of Understanding between the Labor Department and the IRS. This arrangement enables agencies to work more closely and share information that will reduce the overall incidence of employee misclassification.

The Wage & Hour Division and the State of Washington Department of Labor & Industries joined forced with the shared goal to provide clear, reliable, and accessible outreach to employers, workers, and other Washington residents. To this end, L&I and the Labor Department will share resources and increase enforcement of worker classification laws by conducting joint investigations and providing ease-of-access to information pertinent to the enforcement of such laws.

Click here for a recent CBS story on Misclassification of Independent Contractors.

If you feel you are a misclassified worker, and have been denied benefits as a result, contact an L&I Attorney to represent your rights.

Black Friday Violence: Workers Face Stampedes, Robberies, Pepper Spray and Fatigue

For American workers, the Thanksgiving Holiday ends earlier and earlier each year as retailers compete to open their doors before competitors and lure shoppers with product discounts. This year a number of stores moved up their sales launches to intrude on Thursday’s national holiday, which was then followed by all-night service on Black Friday.  While most American families were coming together to enjoy football, food and company on Thanksgiving morning, Sears opened its doors for early-bird shoppers. Workers at Toys-”R”-Us also had to cut their holiday short to prepare for a 10pm opening on Thursday, while retail giants like Target and Best Buy upset many employees by opening doors at midnight on Thanksgiving instead of the usual 5 am early-bird time on Black Friday.

Yet these extreme working hours are not the only thing to encroach on workers who, not long ago, still enjoyed a full day to celebrate Thanksgiving with family and friends: violence has also become increasingly common during the Black Friday shopping frenzy, putting more and more workers at risk of physical injury, anxiety, fatigue, and emotional stress.

According to Los Angeles police, one woman at a Los Angeles Wal-Mart used pepper spray on at least 20 other shoppers to gain a competitive edge on accessing discount items. Wal-Mart workers, who are already grossly under-paid and receive negligible benefits, also had to deal with shootings and robberies in California, Florida and South Carolina. Police also reported a stabbing outside the Wal-Mart in Sacramento, N.Y.

In another case, a grandfather fell victim to police violence after stuffing a product in his waistband to free his hands and help his fallen grandson to his feet (although there are vast discrepancies in witnesses reports, with others claiming that the man was shoplifting, and merely subdued by the police with appropriate force).

Even after the long Black Friday shifts ended, workers continued to suffer injuries. According to the Palm Beach Florida Sheriff, one Target worker driving home from her early-morning shift fell asleep at the wheel and veered into a canal. She was submerged for 5 to 6 minutes before being rescued, but miraculously survived the ordeal. Despite the fact that exhausting workplace demands and conditions caused her fatigue, it is unlikely that she will qualify for workers’ compensation benefits for her injuries, since she the employee already completed her shift and left her workplace.

Many Americans are alarmed to see these long work hours (and the shopping frenzy in general) eclipse the Thanksgiving holiday, and are signing petitions or joining movements like “Save Thanksgiving.”

VIDEO: Workers & Black Friday Violence

Toxic Travel Alert: Boeing Settles Workers’ Compensation Suit

Boeing AircraftBoeing Corporation recently settled a suit by a former American Airlines worker who claimed she has suffered from multiple complications after being exposed to toxic fumes in the cabin.  Terry Williams now suffers from a range of symptoms, from memory loss to sever headaches.  What is particularly troubling is that her experience was not an isolated incident and that design flaws in the very construction of jet liners might lead to toxic substances entering the air circulation system.

While the conditions of the settlement were not made public, the success of the suit has stirred debate about this health hazard that may be more common than most realize.

Judith Murawski, an industrial hygienist for the Association of Flight Attendants, told msnbc.com, “The issue is really heating up now.”  She added that she handles sometimes twelve new cases a month of flight crew employees reporting exposure to toxic fumes.  In fact, these injuries are often reported as employees are en route to medical care.

Industry officials say that on at least one domestically registered jetliner per day, all aboard are exposed to toxic fumes or even smoke.  However, these are only the documented exposures.  Fumes can include a number of chemical and carcinogenic compounds, including carbon monoxide and tricresyl phosphates (TCPs).

So…how do toxic fumes get into an air conditioning system built for human respiration?

On many jetliners, and on most Boeing commercial jetliners, cabin air is pumped from the engine itself.  Boeing insists that any leaks into this system are rare and such slight exposures ultimately pose no health risk.  Boeing released a statement saying it “still contends that cabin air is safe to breath and studies by independent researchers have consistently shown that existing systems for providing cabin air to passengers and crew meet applicable health and safety standards.”

Airline workers counter that “bleeding” air from engines into air conditioning systems have caused problems going back nearly half a century.  Some argue that it is the very location of intake – the engine – that is the root of the problem and that this antiquated design is ultimately faulty.

Flight Attendant Terry Williams argues a single exposure to toxic fumes led to her disabling symptoms.  Her workplace injuries include memory loss, asthma, tremors, speech impairment and loss of balance.   Workers’ Compensation physicians determined that she was suffering from a neurotoxic disorder due to her workplace environment.

The Airlines themselves are predictably fighting back by claiming that the issue is exaggerated and “emotional” for flight attendants.

If you are the victim of a workplace accident, be sure to first seek medical care.  Next, contact an experienced Seattle Workers’ Compensation Attorney before you initiate the claims process.  The attorneys at Emery Reddy are standing by to help you with your claim.