Author: Patty Busse

Prevent litigation, stay in contact with injured employees

Posted on by Patty Busse

Prepared by SFM’s in-house legal team

Many litigated workers’ compensation claims could have been avoided if the employer had simply shown concern for the employee’s welfare early on.

When an injured worker hears nothing from their employer, they get the impression nobody cares.

Often, litigation is a reflection of feeling ignored—if the employer won’t make time to listen, an attorney will.

Show concern right away

As soon as you learn of an injury, have your claims coordinator, risk manager, or the employee’s supervisor follow up. If the employee is off work, call them at home or visit in person if appropriate.

Some supervisors avoid reaching out because they worry about saying the wrong thing. But saying nothing is a sure way to deliver the wrong message. Set up a regular check-in schedule.

What to say when you reach out to injured workers

Injured workers worry about their jobs and livelihood. Reassure them that you’re looking forward to their return and will have a position for them when they’ve recovered.

Let them know you’ll provide work or accommodations so they can return as soon as medically possible — even if that means a different role based on their restrictions.

This matters more than you might think: fear of losing their job or income is one of the most common reasons injured employees decide to hire an attorney.

Stay professional during disputes

If a benefit dispute arises and you attend hearings or proceedings, remain civil and respectful — even if relations are strained. If the employee is still actively employed, walk over to greet them and their family. It signals that the dispute is “just business,” not personal.

Train your supervisors to separate personal feelings from any disputes that come up along the way.

Be ready for their questions

Injured employees will have questions about workers’ compensation and employee benefits. Be prepared to review your company’s policies and direct them to their claims representative for detailed benefits or claim questions. If the claim is denied or disputed, discuss other benefits they may be eligible for either separately or concurrently, including short-term disability, long-term disability, or paid or unpaid leave, such as FMLA.

Review policies on health insurance continuation. When you’re the one answering their questions, they’re less likely to seek outside sources prematurely.

Take work restrictions and retaliation concerns seriously

Staying in contact remains important even after the employee returns to work.

If the employee or coworkers raise concerns about return-to-work issues, respond promptly. Be alert to any perception of retaliation or discrimination — don’t ignore these concerns.

If supervisors or coworkers report that the employee is working outside their medical restrictions, address it immediately. Emphasize the need to work safely within restrictions. If the employee continues to disregard instructions, you may treat it as a performance or safety issue. While you cannot retaliate against an employee for having a work injury, you can enforce reasonable safety expectations.

If the employee complains that the supervisors or coworkers require the employee to work outside of restrictions, or retaliate when he or she declines to perform duties outside of restrictions, investigate those concerns. If the investigation suggests this is occurring, discipline or write up the supervisor or coworker if the behavior continues.

The bottom line

Work injuries can generate bad feelings or goodwill. Your care, concern, and attention throughout an injured worker’s recovery can prevent unnecessary conflict—and costly litigation.

For more information on what to do after an employee is injured, see these additional SFM resources:

This content is provided for general informational and educational purposes only and is not intended as legal advice for specific situations or as a legal basis for your employment practices. For guidance on particular circumstances, consult with qualified legal counsel.

 

Originally published in December 2018; updated in January 2026

Subrogation: When third parties bear responsibility for work injuries

Posted on by Patty Busse

By Tom Davern, Esq., Senior Defense Counsel with SFM’s in-house law firm, and Julie Bischoff, Senior Subrogation and Special Investigations Representative

When one of your employees is injured in the course and scope of employment and a negligent third party bears some responsibility, we can sometimes recover a portion or all of the workers’ compensation claim costs from the responsible party through subrogation.

Each of SFM’s core states have different workers’ compensation subrogation laws, but the basic principles are the same across the board. If a third party’s negligence causes a work injury to some significant degree, there is a possible subrogation claim. The employer and insurer have to prove negligence, causation and damages.

When we recover claim costs, it lowers the impact that the claim has on future workers’ compensation premiums by mitigating the hit to the employer’s experience modification factor (e-mod). In 2025, our Subrogation Team recovered more than $1.8 million. In many cases, SFM recovers 100% of what was paid on the claim.

In fact, full recovery was received on more than 50% of the subrogation claims in 2025. A complete recovery is most likely when there is no liability dispute and the injury is not serious enough to allow or motivate an employee to pursue a personal injury claim. If the employee pursues a claim for damages against the third party, it usually results in a partial recovery for the employer and insurer.

Common recovery scenarios

Motor vehicle accidents, slip-and-fall injuries and dog bites are just three types of claims in which we can often make subrogation recoveries.

For example, if a pizza delivery driver is hit by a drunk driver, we may be able to recover the workers’ compensation benefits paid from the at-fault driver’s insurer.

If there is provable negligence, slip-and-fall claims can result in a subrogation recovery. However, these have to be carefully analyzed on a case-by-case basis. There is not going to be a viable claim if a slip and fall happened in a parking lot during a blizzard, but if a vendor spilled oil in a hallway and failed to clean it up, there may be a claim.

If a dog bites a home health care worker or delivery person at a customer’s home, we may be able to recover costs from the individual’s homeowners or rental insurance policy. SFM also pursues product liability claims, medical malpractice, restitution in criminal matters and other general liability claims.

How employers can help

If you have a claim that has recovery potential, your claims representative or someone from our Subrogation Team may reach out for assistance in the investigation. It is helpful to gather and preserve any available evidence in cases that may have recovery potential.

Anytime you think a third party could be responsible for a work injury, let your claims representative know. SFM aggressively pursues recoveries on behalf of our policyholders when another party is at fault.

Common requests for subrogation claims

  • Motor vehicle accident: Police report, photographs of the property damage or scene, third-party driver/insurance information, and video of the incident (if available)
  • Dog bites: Name and address of the dog owner, photographs of injury, and police or incident report
  • Slip, trip and fall: Photographs of the area of the fall, any available video (we also recommend reporting the incident to the property owner), and witness information
  • Assault: Whether criminal charges were filed, and if so, the name of the assailant
  • Product liability claims: Secure the product and provide owner manuals, maintenance records, purchase receipts and manufacturer information (for equipment malfunctions, we recommend also taking photos and keeping any broken equipment)

 

Originally published April 2021; updated January 2026.

Preventing injuries among aging workers

Posted on by Patty Busse

​By 2032, nearly 25 percent of the U.S. workforce is projected to be 55 and older, according to the U.S. Bureau of Labor Statistics (BLS).

And surveys show that more and more Americans are working past the traditional retirement age of 65.

What does it mean for your company? How can you prevent injuries as your workforce ages?

Why older workers are at higher risk for serious injury

Although older workers are injured less frequently than younger workers, their injuries are typically more severe and take longer to recover from.

They may have comorbidities, such as diabetes or heart disease, that lead to slower recovery and higher medical costs — older workers typically take twice the recuperation time of younger employees, according to the BLS .

There are physiological reasons why aging employees are at higher risk for serious injury.

The first is muscle strength. The aging process leads to distinct muscle mass and strength loss, according to the National Library of Medicine . In fact, muscle strength declines from people older than 40 between16.6% and 40.9%.

The second is hearing and vision loss. As people age, the chances of experiencing hearing and vision loss increase. These changes can make employees less aware of their surroundings, and therefore more susceptible to injury. For example, a construction worker who can’t hear the warning beep of a vehicle backing up.

But the No. 1 risk for older workers is falls, and they can result in more serious injuries than you might expect. For example, workers who’ve slipped and fallen on ice while shoveling have ended up with multiple fractures or even traumatic brain injuries.

Four tips for preventing injuries among older workers

Workplace safety is important for all your workers, no matter their age or experience level. A comprehensive safety program will benefit your entire workforce.

Here are a few practical ideas to better protect your older workers in particular.

1. Enhance injury prevention through a wellness program

Employers can help prevent strains, sprains and falls by encouraging improved flexibility, strength and balance.

Consider starting a flex and stretch program, walking program or covering all or a part of the cost of gym memberships — especially if there’s one nearby with a pool. Swimming is a great form of exercise for injury prevention because it improves strength and flexibility without high impact.

Some companies are constructing workout centers onsite for employee use or holding exercise classes such as yoga, Pilates or Tai Chi.

2. Prevent slip-and-fall injuries

Ensure a safe working environment by maintaining parking lots and sidewalks, keeping walkways dry and clear of clutter and applying slip-resistant floor treatments in appropriate areas. Then, make sure your employees are aware of the risks of slip-and-fall injuries.

Oftentimes, simple steps like wearing appropriate footwear, walking cautiously in wet or slippery conditions and using handrails can prevent a fall.

For employees who spend any time working outside during the winter — like bus drivers, maintenance workers or playground supervisors — encourage wearing traction footwear. Employees who work in environments that are sometimes wet or greasy, such as kitchens or hospitals, should wear slip-resistant footwear. (See a list of slip-and-fall prevention vendors recommended by SFM.)

3. Make sure employees can meet the physical requirements of the job

For new hires, require a pre-employment physical to ensure they are capable of all the tasks the job requires. Make sure the person doing the testing has an up-to-date job description that includes all the essential functions. As part of the examination, have the physician review a medical history questionnaire, which may reveal issues not apparent during the physical exam. The cost of testing will likely pay for itself if you prevent even one back or shoulder injury.

State laws and the federal Americans with Disabilities Act govern how pre-employment physicals can be conducted and used, so it’s important to consult your legal counsel before starting such a program at your company. Any tests used must be job-related and consistent with business necessity. Generally, if applicants have disabilities that interfere with their ability to participate in the testing process, result in them failing the exam, or both, employers must engage in an interactive reasonable accommodation process.

For more information see the Pre-employment physical examinations Legal Advisory.

4. Improve ergonomics

Focusing on ergonomics becomes even more important with older workers. Perform ergonomic evaluations in your employees’ work areas — whether they work at a desk, in a vehicle, on a production floor or in another environment. Ask your employees for their suggestions on how their jobs could be altered to avoid fatigue or soreness.

Eliminate manual lifting wherever possible by changing the layout of the work area or providing lifting equipment. If lifting is required, use proper lifting technique. This is especially important in health care, where injuries from patient handling are common.

For repetitive tasks, practice job rotation. This requires cross-training employees on more than one job, which can be a benefit if someone quits or is absent.

Older workers offer knowledge, experience and expertise that many employers find desirable and will try to retain in the coming years. A little planning and attention can help keep your workforce safe and productive at any age.

Originally published in November 2018; updated in August 2024 and November 2025.

Winter-proof your workplace to stop slips and falls

Posted on by Patty Busse

The flakes have already started to fall – are you ready for winter?

Now is an ideal time to figure out how you’ll mitigate the safety risks that come along with snowy and icy weather.

Winter slips and falls are one of the most common causes of workplace injuries. They can happen at any workplace, to any employee, and they can lead to serious injuries — concussions, broken bones, herniated discs and more avoidable injuries.

Every year, we see employers suffer due to employee injuries caused by winter slips and falls. The impact can include:

  • Lost productivity
  • Costs to injured workers and their families
  • Replacement employee costs
  • Overtime for existing employees
  • Increased workers’ compensation costs
  • Facility damages from conditions caused by varying temperature fluctuations

That doesn’t even include the negative impact on injured employees’ lives.

“To avoid these costs, we recommend employers do everything they can to eliminate hazards and generate winter safety awareness among employees,” said Steve Sandilla, SFM Senior Vice President & Chief Business Officer. “Getting a jumpstart before the snow flies and providing simple reminders to employees can make a big difference.”

The cold facts

Nationwide, there were 20,000+ workplace injuries due to falls from ice, sleet and snow that resulted in a day or more away from work in 2017, and 28% of those resulted in more than a month off work, according to the U.S. Bureau of Labor Statistics. The average number of days to recover from these types of injuries varied in the Midwest.

According to OSHA, slips and falls contribute to 20% of all workplace injuries, costing companies billions in insurance claims, lost hours in liability lawsuits, and 15% of all accidental deaths (second only to motor vehicle accidents).

Moreover, the CDC indicated that the medical costs for winter slips and falls topped out at $50 billion, and more than 800,000 have been hospitalized due to slip and fall injuries (mainly hip and head injuries).

Bureau of Labor Statistics data also show that thousands more winter slip-and-fall-related injuries were minor and did not result in lost work time.

SFM estimates the average winter slip-and-fall lost-time claim costs range from $50,000 to $55,000. The costs — direct and indirect — mount quickly and can’t be ignored.

It pays to start early

The good news is that slip-and-fall injuries don’t have to “just happen.” You as an employer can do a lot to prevent these injuries at your workplace, and the earlier you start, the better.

Prepare your workplace

Follow these steps to prepare for winter weather both inside and outside:

  • Discuss expectations with your maintenance staff or snow removal vendor.
    Make it clear you expect snow and ice accumulation to be removed quickly and salt or other surface treatments applied to melt icy spots. Discuss which entrances should be cleared first, how often snow removal should occur, and who is responsible for what. Ensure snow is piled in a low area of the lot to prevent hazards from melting and refreeze. Develop an accountability plan with the vendor to deal with staffing problems and poor workmanship. Request that your vendor supply you with a copy of the checklist given to staff which outlines the most important aspects of the services provided.
  • Spot check for hazards.
    Identify potholes and cracks that may cause issues in inclement weather. Arrange for repairs before it snows. Check that drain pipes, grate covers and catch basins are not clogged with debris. Once the snow comes, ice dams can form, causing water from melting snow and ice to back up onto sidewalks and refreeze. Make sure lighting systems covering parking lots and sidewalks are checked regularly to verify they are working properly. Poor lighting makes it more difficult for employees to see patches of snow and ice. Check entrance steps and handrails for damage. Employees need a sturdy handrail to grip when conditions are slick. Eliminate unauthorized walkways using hazard tape or barriers to keep people from taking shortcuts across unshoveled areas.
  • Use previous injury records to set your priorities.
    Review the previous year’s reports to determine where there has been a history of slip-and-fall incidents. Find solutions to eliminate those problem areas.
  • Make plans to prevent indoor slips.
    When snow is tracked indoors, interior walking surfaces in entrances, reception areas, hallways, and stairwells can be dangerous. To keep employees safe, use a floor fan to help keep walkways dry. Strategically place “wet floor” signs to slow people down as they enter the building. Use beveled floor mats to catch excess water. Keep extra mats on hand in case they become saturated with water and need to be changed.
  • Clean up spills or puddles immediately.
    Create a procedure for taking the appropriate action when someone causes or comes across a spill.

Tips to winter-proof your workplace

Winter safety tips to give employees

Your employees play a key role in preventing slips and falls by being aware of their surroundings and making good decisions. Get your employees ready for the change in weather conditions by reminding them:

  • Focus on your footing. Watch where you walk. Concentrate on getting from point A to point B safely.
  • Walk like a penguin. Use short, slow steps.
  • Don’t use your cell phone while walking from the parking lot or on stairs.
  • Use handrails on stairways and don’t rush.
  • Be aware of changes in walking surfaces. Many falls are caused when people don’t realize they’re leaving non-slippery surfaces for slippery ones.
  • Free up your hands. Use a carrying case with a shoulder strap for laptops and files.
  • Wear appropriate footwear — no high heels or smooth-soled shoes.
  • Step down and not out when getting out of a vehicle. Swing both legs out. Place both feet on the ground and use hands for support.
  • Step down off curbs, not out. Landing on your heel first instead of flat footed can cause a fall.
  • Use authorized paths. If it’s not clear of snow, don’t use it. No shortcuts.
  • Report unsafe conditions to a supervisor or maintenance person.

Depending on your business, you may also consider implementing a traction footwear policy that requires employees who work outside in the elements to wear traction footwear to keep them safe. A number of SFM policyholders have implemented mandatory footwear programs for employees who work outdoors and have seen significant reductions in incidents as a result.

Use SFM’s winter slip-and-fall prevention tools

SFM provides many resources to keep your employees aware of winter slip-and-fall risks throughout the season, including posters, handouts, safety talk outlines and videos.

“It’s important to keep reminding employees of the risks of winter slips and falls, and how to avoid them, throughout the season,” said Director of Loss Prevention Lee Wendel. “We’ve tried to make that easy for employers by offering a variety of different resources.”

There is great truth to the adage, “an ounce of prevention is worth a pound of cure.” With a little prevention, costly injuries that greatly affect both employers and employees can be easily avoided!

You can find links to these resources and more information to help you have a slip-free winter on SFM’s winter slips and falls page.

 

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

Originally published in September 2016; updated in September 2018, November 2022 and November 2025.

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Injuries while entering and leaving the workplace: A primer

Posted on by Patty Busse

Did you know that a workplace injury can occur before or after the workday?

Workers’ compensation law requires that employers provide safe, well-maintained and accessible routes for employees to and from their parked vehicles into their place of work, referred to as safe ingress and egress.

So, if an employee falls in the employer’s parking lot while walking to the employer’s office building, for example, he or she would most likely be entitled to workers’ compensation benefits.

Requirements to qualify for workers’ compensation benefits

In order to qualify for workers’ compensation benefits, the employee must be able to prove that the injury:

  • Occurred reasonably close to the start or end of the workday.
    While there is no strictly defined rule, over the years, Minnesota case law has appeared to define a reasonable time period to be about one hour before or after work. So, if employees stay after work for a couple of hours to watch a sports game or have drinks with coworkers, for example, they might not qualify for workers’ compensation benefits if they are injured while leaving the workplace.
  • Happened on the employer’s premises.
    This could include a public street, if an employee must cross the street to get from the work premises to an employer-owned parking lot. This could also include property owned by a non-employer entity (such as a shared building parking lot) if the employer requires or regularly allows employees to use the property to enter and exit the workplace.
  • Took place within a customary route of entry or exit.
    If the employee decided to take a shortcut not typically used by other employees, an injury might not qualify for workers’ compensation.

Related Minnesota case law

Following are a couple of Minnesota cases that involved employee injuries while entering or exiting work:

  • Birch v. Hance Distributing
    In this case, the employee had finished his shift at Burger King at 2:30 p.m., joined some friends and coworkers in the lobby briefly, and then went to socialize in the parking lot for about 15-30 minutes longer. When he eventually traveled to his car to leave, he stepped off a curb and hurt his knee. The Minnesota Workers’ Compensation Court of Appeals determined that he sustained a compensable injury and was still well within the timeframe that was reasonable for ingress and egress.
  • Johnson v. Ricci’s of Hugo
    In this case, the employee punched out from her bartender job and then spent the next hour drinking, playing pool and socializing with friends at the business. She slipped and fell while leaving through the back door and fractured her ankle. Because the employee was not engaged in activities incidental to her job duties and instead had become a customer at the establishment, the appeals court ruled that her injury wasn’t eligible for workers’ compensation benefits.
  • Olson v. Total Specialty Contracting
    In this case, the employee had been instructed by the employer where to park and what specific route to take to enter a jobsite. He was specifically instructed to park, cross the stress, walk between buildings to the jobsite fence, and follow the fence to the gate to enter the building. When about 5-10 feet from the gate to enter the building, the employee slipped and fell. Even though he was not on the actual jobsite at the time of the fall, the Worker’s Compensation Court of Appeals determined that he was still in the course and scope of his employment at the time he fell while using a designated route in ingress, and awarded benefits.

 

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices. Originally published December 2013; updated October 2025.

 

School bus drivers can be safety heroes

Posted on by Patty Busse

Skip isn’t the only superhero who cares about safety. School bus drivers play the role of safety hero every day as they go about their jobs.

The 2025 National School Bus Safety Week is Oct. 20-24, and it reminds us of bus drivers’ important roles in getting people where they’re going safely.

National School Bus Safety Week brings awareness to the dangers for drivers, students and pedestrians. It’s everyone’s responsibility to stay safe around school buses.

School bus driver safety tips and resources

Bus drivers have additional duties beyond transportation. Drivers must be aware of their own risk of injury, while driving safely and keeping an eye on their surroundings.

School Bus Safety Week offers a chance to provide drivers with a few safety basics, including:

  • Remember that drivers and pedestrians around you may be distracted
  • Use safe practices when performing checks or maintenance
  • Maintain three points of contact when entering or leaving the bus
  • Make sure everyone is seated before starting to move the bus

SFM’s safety resources help keep bus drivers injury-free, from pre-trip inspection to exiting the vehicle using 3 points of contact. Download SFM’s Supervisor Initiated Training talks tailored to transportation workers to make it easy for your leaders to have a discussion with their teams about school bus safety.

National School Bus Safety Week is sponsored by the National Association for Pupil Transportation , National School Transportation Association and National Association of State Directors of Pupil Transportation Services .

 

Originally published October 2018; updated August 2025.

Are employees compensated when injured while violating company rules?

Posted on by Patty Busse

By Beth Giebel, Esq.

Employers can be surprised and frustrated to learn that an employee who was injured while violating company safety rules can still receive workers’ compensation benefits.

This isn’t always the case.

In these situations, it is possible to deny liability for an injury on the basis of the “prohibited act” defense, but the employee’s injury must occur as a direct result of a violation of a clearly stated, and consistently enforced, prohibited act, policy or rule.

A Minnesota case illustrates the applicability of this defense.

In Smith v Metro Transit , the employee, a bus driver, was driving his route when a passenger wanted to get off at a non-designated stop. The employee did not feel it was safe, so declined to stop. At the next designated stop, the passenger spat in the employee’s face as he exited the bus. The employee then got off the bus and chased after the passenger. When the employee caught up with the passenger, the passenger shoved the employee, causing him to fall and injure his shoulder.

Employee injured while violating policy

The employer, Metro Transit, had published a bus driver’s guide that established guidelines for dealing with unruly passengers. Their bus drivers were instructed to “avoid physical confrontations wherever possible and were told to refrain from leaving the bus operator’s seat to settle disputes unless it was necessary to do so in self-defense.”

The employee had previously acknowledged these work rules and had been disciplined for violating them.

The compensation judge denied the employee’s claim and found that the injury occurred as a direct result of the employer’s prohibited act. The Minnesota Workers’ Compensation Court of Appeals affirmed the denial of compensation, and reviewed the six factors to consider in determining whether the prohibited act defense would disallow the employee’s claim:

  • Whether the employee knows of the prohibition
  • Whether the prohibition was customarily observed
  • Whether the employer took reasonable steps to enforce the prohibition
  • The reason for the prohibition
  • Whether the performance of the prohibited act was unreasonably dangerous
  • Whether it was reasonably foreseeable by the employer that the expressly prohibited act would occur

Violations of safety standards

Violations of standard safety procedures – such as failure to wear a hard hat or eye protection – do not typically bar compensation if an employee is injured while otherwise performing his or her authorized employment activity.

Failure to abide by safety policies and procedures may provide the basis for disciplinary action against the employee, but the presence or absence of safety equipment does not necessarily give rise to a prohibited act defense.

Depending on the laws in your state, failure to follow safety rules could result in decreased compensation.

For example, in Wisconsin, compensation is decreased by 15 percent if an injury is caused by the employee’s failure to use a safety device – provided in accordance with a statute or with a Wisconsin Department of Workforce Development administrative rule – if the device is adequately maintained and its use is reasonably enforced. Compensation is also reduced if the injury is caused by the employee’s failure to obey a reasonable safety rule adopted and enforced by the

Create a ‘prohibited acts’ policy

Having policies that clearly articulate prohibited practices at the workplace can improve the safety and health of your employees, decrease costs and missed work days, help control your workers’ compensation premium, and send a strong message that may warrant a denial of compensation for certain injuries.

But having a policy is just the first step. Be sure to:

  • Clearly identify prohibited acts
  • Communicate prohibitions to employees
  • Consistently enforce policies
  • Discipline violations of the policies

This will help make your policy as effective as possible in preventing injuries among your employees.

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

 

Originally published August 2019; updated August 2025.

Top seven workplace safety tips

Posted on by Patty Busse

Want to make your workplace safer, but unsure where to start? Or maybe you want to be sure you have all the basics covered before you delve deeper in a certain area.

Either way, these seven essentials, identified by SFM’s loss prevention staff, will help make your organization a safer place to work.

1. Know the hazards

To reduce your risk of work-related injury or illness, you must first know the particular hazards of your job or workplace.

Help identify hazards by downloading this free workplace safety analysis checklist . You can also learn about risks by analyzing all workplace injuries to find the root causes and asking your staff for input.

2. Reduce workplace stress

Job stress has been linked to health problems, higher health care costs, increased risk of workplace accidents and more. Take steps to prevent stress from interfering with employees’ productivity, health and well-being with these strategies to reduce stress in the workplace.

3. Get up and move

Encourage employees to take breaks and move around regularly throughout the day. Simply working in small breaks for movement can make a big difference in combating the dangers of staying in a static position all day long.

4. Pay attention to ergonomics

Use ergonomically designed furniture and equipment , and rearrange work areas to maintain a neutral posture and keep everything within easy reach.

5. Use safe lifting techniques

Use four safe moves when picking up and carrying heavy loads: Lift from a position of power, keep the load close to your body, use a staggered stance and don’t twist.

And watch the weight — the National Institute for Occupational Safety and Health recommends limiting manual lifting to a maximum of 35 pounds for the average person. Check out more safe lifting techniques or our lifting safety video  to see the technique in action.

6. Ensure employees wear personal protective equipment

Personal Protective Equipment (PPE) can dramatically reduce risk of injury if worn correctly. Examples of PPE include gear such as earplugs, hard hats, safety goggles, gloves, full-face masks and safety shoes.

7. Encourage employees to speak up

Ask for input from employees often, and ensure everyone feels comfortable bringing safety hazards to their supervisors’ attention. Employees should feel that their concerns are being heard and acted upon by company leaders.

Workplace safety matters to every industry

When we think about workplace safety, images of construction workers hanging off skyscrapers or power line technicians in cherry pickers often pop into our heads, but there are hazards in any workplace — even office environments.

According to the National Safety Council , the top three causes of workplace injuries accounting for at least one day away from work from 2021-22 were:

  • Overexertion in lifting (such as a strain or sprain caused by lifting something too heavy)
  • Contact with an object or equipment (being hit by something)
  • Slips, trips and falls

While some injuries might be unlikely in an office or other relatively low-risk environment, certainly a slip-and-fall or lifting injury is possible anywhere.

Reducing hazards as much as possible and training employees about the risks can go a long way toward prevention. SFM offers a number of free resources to prevent indoor slips and falls, winter slips and falls and lifting injuries.

 

Originally published June 2017; updated August 2025.

 

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Why return to work matters

Posted on by Patty Busse

There are many reasons why return to work matters for both employers and employees.

For employers, the benefits include the potential to lessen impacts on future premiums, reduce costs for lost-time claims and lessen the likelihood of litigation. Just as importantly, it helps maintain a connection and good working relationship with your employees during times of uncertainty following an injury.

At the same time, return to work also benefits the employee. The longer an employee remains away from the job following a workplace injury, the less likely it becomes that the employee will ever return to work. Even if injured employees can’t return to their regular jobs right away, bringing them back as soon as possible by providing transitional or light-duty work helps them:

  • Recover faster
  • Stay in the routine of working
  • Feel productive
  • Maintain workplace relationships

Below, we outline the reasons why return to work matters — including the effect on claims — and how to establish your own return-to-work program.

Past workers’ compensation claims affect future premiums

You probably know that your loss history is taken into account when calculating your workers’ compensation premium, but you may not know exactly how it works.

Your state’s workers’ compensation data collection organization calculates an experience modification factor (e-mod) for each employer that meets state-specific qualification requirements.

If your loss history is average for your class and size of business, your e-mod will be 1.00. If it’s better than average, it will be less than one. Because your e-mod is used as a multiplier when calculating your premium, a better-than-average e-mod will generally lower your premium.

For more details on this process, see our CompTalk on e-mods and read our blog, How your workers’ compensation e-mod is calculated.

Preventing lost-time claims pays off

When calculating an e-mod, not all claim costs are treated equally.

If a claim remains medical-only, meaning the injured worker does not receive wage-replacement (also called lost-time) benefits, claim costs are discounted by 70 percent.

To keep a claim medical-only, you must bring the employee back to work before your state’s waiting period ends. For example, waiting periods in these states are:

  • Three days in Minnesota, Wisconsin and Iowa
  • Seven days in Nebraska, South Dakota, Kansas, Indiana and Tennessee

Example: How return-to-work impacts future premium

If you can bring an employee back to work before the waiting period ends, the impact of the claim on your e-mod and future workers’ compensation premiums will be significantly less.

Here’s an example:

Consider two assisted living facilities, each with about a dozen employees and currently paying about $23,000 in workers’ compensation premium.

A certified nursing assistant at the first facility slips and falls while working. Her medical bills total $7,500, but she is able to start doing light-duty work filing and answering phones before the state’s waiting period ends, so the claim remains medical-only.

At the second facility, another nursing assistant has a similar accident, but her employer does not provide light-duty work, and she ends up receiving some workers’ compensation benefits for lost pay. The combined cost for her medical expenses and lost-time compensation total $7,500.

Although the total cost for both claims is the same, the impact on their respective workers’ compensation costs are very different — only 30 percent of the medical-only claim impacts the employer’s e-mod, compared with 100 percent of the lost-time claim.

What does this mean for these employers’ work comp premiums? The claim that remained medical-only would cost the employer $2,850 over three years in terms of increased premium. In comparison, the lost-time claim would cost the employer $9,494 over three years.

How to start a return-to-work program

If you don’t have a return-to-work program already, follow these four steps to start one:

1. Draft your policy

Tell all of your staff ahead of time that your company intends to bring injured employees back to work as soon as they’re medically able, and will provide adaptations or light-duty work when needed. For guidance, see SFM’s sample return-to-work program.

2. Appoint a claims coordinator

This is an individual tasked with overseeing workers’ compensation claims and return to work. Have this person develop a plan for reporting injuries and communicate it to supervisors and employees.

Having step-by-step instruction sheets around also helps the process. For more details, see SFM’s CompTalk on claims coordinator duties.

3. Select a primary care clinic

Establish a good working relationship with a local clinic where the physicians understand occupational medicine and return-to-work.

If possible, meet with doctors at your preferred clinic to give them an overview of your organization and tell them you are committed to returning employees to work as soon as they are medically able. Suggest that your employees go there if they’re injured.

Note that in most states, employees have the right to choose where to have their injuries treated.

4. Identify transitional jobs

Transitional or modified-duty jobs provide opportunities for your employees to return to work even when medical restrictions prevent them from doing their regular jobs. Having these jobs identified before an injury occurs will help limit possible delays in return to work.

That might mean having an injured employee work in a different department temporarily.

To come up with ideas ask your managers, “What would you do if you had an extra pair of hands?” For more ideas, check out our lists of transitional jobs broken down by industry.

 

Originally published in 2020; updated May 2025.

Outdoor hazards to watch for during warm weather months

Posted on by Patty Busse

Especially for people who work outdoors, the summer months bring a host of potential hazards, including heat-related issues, slips and falls, severe weather and more.

Share the following tips with your employees and colleagues to help them stay safe during warmer months.

Outdoor slips and falls

Potential tripping and slipping hazards can happen all year long.

Pay attention to the conditions of the surfaces you’re walking on. Parking lots, sidewalks, ramps and stairs can all have cracks, holes or uneven surfaces that could cause you to trip. Use handrails on stairs or ramps, and try to keep your hands free of encumbrances. Do not carry more than you can handle or items that block your vision.

Don’t take shortcuts through lawns or center islands. Uneven ground and concealed or hard-to-see holes can result in twisted ankles or worse.

Also, summer months might have employees wearing different footwear than at other times of the year. Flip-flops, sandals, loose-fitting shoes, high heels, cowboy boots, etc., all increase the risk of slip and fall injuries or feet and ankle injuries. Employers need to mandate proper footwear and enforce it with workers.

Also, report any unsafe outdoor conditions to the appropriate person.

Heat stress

When you’re working in the heat, it’s important to make sure you stay hydrated. If you aren’t taking in enough fluids or salts, it can lead to heat-related illnesses, such as heat exhaustion or heatstroke.

To prevent heat-related stress, give yourself time to adjust to hot weather by limiting your exposure at first, and gradually increasing the amount of time until your body has acclimated to the heat. Try to schedule work during the coolest parts of the day.

Drink plenty of liquids to replace what your body loses through sweating. You should be drinking approximately one cup of water every 15 minutes. Sports drinks with electrolytes are useful for replacing necessary salts, as well.

Don’t ignore symptoms of heat stress. Stop your work to cool off in a shaded or air-conditioned area if you experience dizziness, nausea or muscle cramping.

These tips are especially important for workers in certain industries. In early 2024, the American Society of Safety Professionals published the first national voluntary consensus standard addressing heat stress for workers in construction and demolition operations.

At a high level, the document:

  • Provides guidance on protecting workers
  • Outlines how to acclimate workers to high heat conditions
  • Gives tips for training employees and supervisors

The standard also contains checklists and flowcharts designed to help employers develop heat stress management programs.

Lightning safety

If you work outdoors, it’s important to pay attention to weather patterns. Thunderstorms are common across the country, and lighting safety is vital for employees who work outdoors.

From 2006 through 2021, there were 444 lightning strike fatalities in the U.S., according to the Centers for Disease Control and Prevention . Most of those deaths occurred in June, July or August.

Stay up to date on weather forecasts and watch out for early warning signs. If a storm is predicted, don’t start working on projects you won’t be able to stop quickly.

Clouds that grow vertically into towering cumulus clouds are often the first sign of a developing storm. Other indicators include high winds, dark clouds, rain and distant thunder.

When you see lightning, count the seconds until you hear thunder. If the time is 30 seconds or less, then the storm is close enough to be dangerous. Leave any open-air structures or areas with tall trees and seek shelter inside an enclosed building. Metal-topped vehicles are also safe.

If you are outdoors, stay off and away from tall structures or large equipment. Do not touch anything that can conduct electricity. Wait at least 30 minutes following the last clap of thunder before resuming your work.

Insect-borne diseases

Summer is peak season for ticks and insect bites. If you work outdoors, be aware of the conditions that put you most at risk. Insects are most active at dawn, dusk and early evening in tall grass, shrubs and wooded areas.

You can avoid insect bites by wearing long pants, sleeves, closed-toe shoes and a hat. Use insect repellents on clothes and exposed skin.

After being outdoors, you should perform body checks for ticks. If one is found, remove it immediately with fine-tipped tweezers by pulling it straight out. Then cleanse the area with antiseptic.

At the same time, illnesses such as Lyme disease and West Nile virus can be passed on by deer ticks and mosquitoes. An estimated 476,000 people in the U.S. are diagnosed and treated for Lyme disease each year, according to the CDC . And in 2024, more than 1,450 cases of West Nile virus were detected across 49 states, the CDC reports .

If you suspect you or one of your employees may have contracted an illness, seek medical attention right away.

Conclusion

Spring and summer months come with their own unique safety risks.

Getting back outside after a long winter can feel like a relief, but don’t let that cause you to let your guard down while working outside.

Lastly, federal officials have created a heat safety tool app employers can use as an additional resource.

 

Originally published in May 2019; updated May 2025.

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