Author: Patty Busse

Work injuries among school employees

Posted on by Patty Busse

As a workers’ compensation insurer serving 250 school districts, we’ve learned a lot about school employee injuries and how to prevent them.

Common injuries among school employees

According to SFM claim data, here are a few school employee injury statistics:

  • 40% of workers’ compensation claims among school employees involve students
  • The most common student-related injuries are due to students acting out (64% of injuries related to student interaction)
  • The most common causes of injuries to school employees are due to being struck (34%), slips/trips/falls (27%) or strains (23%)
  • The most common injuries to school employees are fractures/contusions (59%), sprains/strains (23%), and punctures/lacerations (11%)

For more statistics, see our fact sheet on occupational injuries in schools.

Ways to avoid work injuries among school employees

There are a number of things school districts can do to prevent common employee injuries including:

  • Encourage staff to “Facilitate, don’t participate“
    Participating in physical activities puts teachers, paraprofessionals and coaches at risk for serious injuries. Instruct staff to focus on demonstrating and teaching skills versus actively participating in play. Remind them that they are responsible for their own safety. Download our Facilitate, don’t participate 3-Minute Solution for more details. 
  • Promote a hands-off approach to dealing with students who are acting out
    For more details, download our de-escalation team training talks for schools and alternative intervention and de-escalation tactics training talk.
  • Prevent winter slips and falls
    Snow- and ice-related slips and falls are a leading cause of school employee injuries. Remind your employees about the increased risk of slips and falls in winter, and how to prevent them with an educational campaign throughout the season. SFM offers a number of free winter slip-and-fall prevention resources.
  • Provide supervisor initiated training
    SFM offers free downloadable safety training talks for schools, broken down by job category (such as buildings and grounds, food service, etc.). These talks are simple and quick to present, and help keep the staff focused on safety.
  • Tell staff to get up and move
    Employees who stay in a static position all day long put themselves at greater risk for strain and sprain injuries. Encourage them to take short breaks throughout the day to move around. They can use this warm up and stretching poster for ideas of movements that will help them avoid strains.
  • Get fit and exercise
    Employees who work with their arms in front of them all day, such as food service workers, are at risk for shoulder injuries. SFM developed a program called Get Fit and Exercise, which focuses on shoulder strengthening to prevent injuries. Anyone can benefit from the program, but it’s especially good for building and grounds crews and food service staff.

Resumption of the presumption: Minnesota’s COVID-19 presumption law

Posted on by Patty Busse

On Feb. 3, 2022, Minnesota Gov. Tim Walz signed a bill into law that reinstated and extended the rebuttable COVID-19 presumption under Minnesota’s occupational disease statute.

Minnesota Statutes Section 176.011, subd. 15(f), reinstated what has become known as the COVID-19 presumption law, creating a rebuttable presumption for certain first responders, corrections workers and COVID-19 healthcare workers who contract COVID-19.

The new presumption is not retroactive, which means any first responders, corrections workers and COVID-19 healthcare workers who contracted COVID-19 after Dec. 31, 2021 (the date the previous presumption sunsetted) through Feb. 3, 2022, were not covered under the presumption. However, they were still potentially covered under other existing occupational disease or injury provisions of Minnesota’s Workers’ Compensation Act.

When not covered by the presumption, workers in Minnesota who believe their COVID-19 infection is a direct result of their employment are able to file a claim to pursue compensation under the existing occupational disease and personal injury provisions.

In summary, the reinstatement and extension of Minnesota’s COVID-19 workers’ compensation presumption law provides:

  • A defined list of occupations covered by the presumption of COVID-19 as an occupational disease:  firefighter; paramedic; nurse or health care worker, correctional officer, or security counselor employed by the state or a political subdivision at a corrections, detention, or secure treatment facility; emergency medical technician; a health care provider, nurse, or assistive employee employed in a health care, home care, or long-term care setting, with direct COVID-19 patient care or ancillary work in COVID-19 patient units.
  • Those on the list of covered workers can show they contracted COVID-19 by a positive laboratory test or, if a test is not available for the employee, by diagnosis and documentation from a licensed physician, physician’s assistant, or advanced practice registered nurse (APRN);
  • The presumption is rebuttable by the employer and insurer only by a showing that the employment was not a direct cause of the disease;
  • The date of injury for this presumptive COVID-19 is either the date the employee was unable to work due to the diagnosis, or due to symptoms that were later diagnosed as COVID-19, whichever occurred first;
  • If an employee who has contracted COVID-19 does not fall under the new presumption, they still have the right to file a claim under the existing occupational disease and personal injury provisions of the Minnesota Workers’ Compensation Act.

This COVID-19 presumption legislation is effective for employees who contract COVID-19 on or after the day following enactment (April 8, 2020) through Dec. 31, 2021, and once again is effective the day following enactment (Feb. 3, 2022) through Jan. 13, 2023.

For more information on the law, see the Minnesota Department of Labor and Industry’s Frequently Asked Questions document .

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

When is PTSD covered by workers’ compensation?

Posted on by Patty Busse

When an employee experiences a traumatic event at work, workers’ compensation coverage is probably the last thing on your mind. But knowing how post-traumatic stress disorder (PTSD) is defined and covered in your state can help you make sure your employee gets needed help.

For PTSD to be covered by workers’ compensation, it must meet the criteria as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, and be diagnosed by a psychologist or psychiatrist.

By definition, symptoms must last or start a month or more after the event to be considered PTSD. Symptoms that last less than a month are considered acute stress disorder. This nuance is important when it comes to how different states handle PTSD claims.

Some states specifically address PTSD in their workers’ compensation laws. In other states, whether PTSD is covered depends on what caused it and whether the state recognizes that event as a work injury.

If the event that led to PTSD was physical, most states will recognize that as a physical/mental injury (that is, a mental injury caused by physical injury) and treatment for PTSD will be compensable. If the employee was involved in a traumatic event, but there was no physical injury, some states may not recognize PTSD as a claim. This is referred to as a mental/mental injury.

Here are the specifics on PTSD in SFM’s core states:

  • Minnesota
    PTSD is specifically addressed in the statute. If an employee is diagnosed with PTSD by a licensed physician or psychologist and the employee meets the Diagnostic and Statistical Manual of Mental Disorders criteria, the claim is covered by workers’ compensation benefits. This is the only type of mental/mental claim recognized in Minnesota. If PTSD is diagnosed as arising from a physical injury, that would be compensable in Minnesota as a physical/mental claim. For injuries occurring after Jan. 1, 2019, it will be a presumption that PTSD in first responders is compensable under workers’ compensation, absent preexisting history and limited statutory exceptions. PTSD claimed due to job performance issues, such as demotions and layoffs, is not compensable.
  • Wisconsin
    PTSD is not specifically addressed in the statute. Mental/mental injuries can potentially be compensable if the circumstances causing the injury arise from extraordinary stress. It must be a far greater stress than the expected emotional strain that employees encounter daily without serious mental injury.
  • Iowa
    Mental/mental injuries are recognized, but in order to be compensable under Iowa law, the work condition and circumstances lead­ing to the mental condition must exceed that which is typically experienced by peers in that same profession. PTSD may be compensable without any physical injury to the body under these circumstances.
  • Nebraska
    Mental/mental injuries are not compensable in Nebraska, so a diagnosis of PTSD without any physical injury would typically not be covered. If there is a physical injury to the body and PTSD is a condition that is a result of that injury, it could be compensable as a physical/mental injury. However, first responders are an exception. PTSD could be compensable as a mental/mental injury for first responders who are exposed to extraordinary and un­usual stimuli in comparison to normal conditions of their employment. Nebraska statute defines first responders as sheriffs, deputy sheriffs, police officers, state patrol troopers, volunteer or paid firefighters, emer­­gency medical technicians and paramedics.
  • South Dakota
    South Dakota does not cover mental/mental injuries. There must be a physical injury to the body. If an employee sustains a physical injury and claims PTSD as a consequential injury, then it could be compensable.

Intervene early to help employees who’ve experienced trauma

Although PTSD cannot be diagnosed until 30 days after a traumatic event, you shouldn’t wait that long to reach out to your employee. Early intervention can prevent situational anxiety from progressing to PTSD.

Encourage any employee who may be susceptible to seek help through your employee assistance program, SFM’s Injured Worker and Family Assistance Program or from a psychologist or psychiatrist.

If someone has experienced trauma, be it physical or mental, coping skills for them to be more resilient so they can manage their stress and anxiety could be vital. Treatment is typically cognitive behavioral therapy (CBT). Symptoms can often be effectively managed to restore the individual to normal functioning.

Prepare to prevent winter slips and falls

Posted on by Patty Busse

In a typical year, falls in snowy or icy conditions account for more than 20,000 workplace injuries. As we all know, 2020 was anything but a typical year. Less foot traffic last winter meant fewer slips and falls, but in the coming months experts predict that slip-and-fall incidents will be on the rise once again.

“With employees returning to their routines of entering and exiting the workplace every day, we’re expecting to see a resurgence in winter slips and falls,” said SFM Loss Prevention Technical Leader Lee Wendel. “These incidents can cause some of the most severe injuries we see, and they’re largely avoidable.”

Winter slips and falls are among the most common causes of workplace injuries. These incidents put employees at risk for serious injuries like concussions, broken bones and herniated discs. As an employer, there’s a great deal you can do to prevent these injuries at your workplace.

Parking lots pose greatest hazard

Winter slips and falls are most common in parking lots.

“Many employees aren’t thinking about the risks when they’re moving between their car and the building,” Wendel said. “Alerting workers to the dangers of slippery surfaces goes a long way to prevent serious injuries.”

Employees are especially at risk of injuries when:

  • Getting into or out of their vehicles
  • Stepping onto or off of curbs
  • Carrying too much in their arms

Encourage employees to use the “step down, not out” method when stepping out of their cars and off of curbs. For cars, swing both legs out to the side, step down flat footed with both feet, and maintain three points of contact with either the car or the ground while getting up. For curbs, step down flat footed, not heel first.

You can order or download winter slip-and fall resources including “step down, not out” and “carry only what you can” posters from the resource catalog.

Free resources to build awareness

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.

“As conditions change during the season, it’s important to keep reminding employees of the risks of winter slips and falls, and how to avoid them,” Wendel said.

You can find links to these resources and more information at sfmic.com/penguin.

Claim representatives’ best tips to avoid workers’ comp missteps

Posted on by Patty Busse

SFM’s claims representatives spend all day managing workers’ compensation claims. They coordinate with injured workers, employers and medical providers. Many of them have decades of experience in the field. So, when we asked them to give us their top tips for employers, they delivered.

Here’s what the claims adjusters said:

  • When hiring, include the physical demands of the job in the job description. Have prospective candidates sign off on the descriptions to signify that they can perform the essential functions of the job. Pre-employment physicals and criminal background checks are also important.
  • Always investigate after an injury. Document how, when and where the accident occurred. Talk with the injured employee and witnesses, and take photos. If you have surveillance cameras in the area, let the claims representative know. Then figure out how to prevent it from happening again. This information also helps claims representatives to verify what they are told by the injured worker.
  • When bringing employees back to work, work together with the employee to look for ways they can perform their job within their medical restrictions. Your claims representative can also provide suggestions and resources if needed. Require the employee and supervisor to commit to working within those restrictions. It’s always good to put it in writing and get everyone to sign off.
  • Be sure to tell your claims representative right away when an employee starts needing time off for a work injury and when the employee returns to work so that benefit payments are on time and correct.
  • Focus on building strong relationships between employees and direct supervisors.
  • Continue communicating with injured employees, even if they are totally disabled and unable to return to work. Keeping the lines of communication open and letting employees know you care about them is really important.
  • Address disciplinary issues with staff right away. If you don’t, and the employee is injured, these issues become much more difficult to deal with.
  • If an employee is injured in a work-related automobile accident, be sure to send the claim to both your workers’ compensation and auto insurer. If the injury is work-related, workers’ compensation provides primary coverage, and your insurer will pursue recovery from an at-fault party.
  • Make a copy of any paperwork an injured worker brings in, especially any doctor’s reports, and forward to the claims representative.
  • Report all claims right away.
  • Allow your claims representative to deliver hard-to-hear news to the injured worker versus doing it yourself. That helps you maintain a positive relationship with the employee, which is more conducive to a speedy and effective return to work.

 For more tips, read four things you need to do after an employee is injured.

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

Avoid common mistakes when reporting work injuries

Posted on by Patty Busse

Fast, accurate injury reporting can reduce frustration for everyone involved.

Sometimes it can even reduce costs by preventing:

  • State penalties
  • Litigation
  • Delayed return-to-work
  • Low employee morale
  • Unnecessary medical costs

Following are some of the most common reporting mistakes we see, and ways you can easily avoid them:

  • Not indicating that an employee is missing work due to a work injury.
    As soon as your employee begins losing time from work due to the injury, let your claims representative know, so the employee receives wage-replacement benefits on time. Failing to do this can lead to state penalties and financial hardship for the employee.
  • Reporting late.
    As soon as any supervisor, manager or claims coordinator becomes aware of an injury, the clock starts ticking toward your state’s deadline to determine whether the employee is due workers’ compensation benefits. Missing the deadline can result in significant state penalties. Reporting right away gives your claims representative enough time to investigate the injury before the deadline. See the How to report a work injury page for details on how to report.
  • Incomplete forms.
    If you choose to report your claim by filling out a form, leaving off important information can delay processing of a claim. Especially important details include: Social Security number and date of birth of the employee, date of injury, date of first day of lost time, date employer was notified about injury, and contact information.
  • Communications breakdowns.
    Make sure employees and supervisors understand the process for reporting a work injury at your organization. Delays in reporting injuries sometimes occur because employees simply don’t know who to tell if they are injured.
  • Including sensitive information in first reports.
    In some states, including Minnesota, the injured employee is entitled by law to receive a copy of the First Report of Injury. If you suspect fraud, or have other sensitive information about the incident, report it to your claims representative separately or report your concerns through our website. If you report through the SFM Work Injury Hotline, you can call or email your claims representative about your concerns. If you report the injury using a form, you can write it on a separate piece of paper and attach it to the first report. If you report online, you can type it in the confidential comments box on SFM’s online First Report of Injury.
  • Not reporting questionable claims.
    Sometimes employers don’t report an injury because they think it is suspicious, or not serious enough to report. This is a violation of state laws, which require the employer to report any injury claimed by an employee. Instead, report all injuries, but let your claims representative know about your concerns. Your claims representative will investigate the claim and its circumstances.
  • Sending a First Report of Injury to your agent.
    Please report workers’ compensation claims directly to us. Sending them to your agent can delay our receipt of the report, which can hamper our ability to investigate and respond promptly to the claim.
  • Filing in the wrong state.
    For employers with multiple locations, sometimes there’s confusion over which state to file the claim in. Due to the differences in states’ workers’ compensation laws, this can sometimes be difficult to determine. A good rule of thumb is to file in the state where the employee was hired or typically works. When in doubt, it’s still best to make the report right away and let your claims representative know that you have concerns.

This post was originally published on June 18, 2013, and updated on June 15, 2021.

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

Top blog posts of all time

Posted on by Patty Busse

From home office ergonomics to cell phone use to infectious diseases, our most popular blog posts for employers cover a wide range of topics.

You’re sure to find some helpful tips among our most popular safety, claims and wellness blog posts of all time:

9. Top 7 workplace safety tips

Want to make your workplace safer, but not sure where to start? Start here!

8. 10 statistics that make the case for workplace wellness programs

Read facts and figures that illustrate the value of a strong workplace wellness program.

7. How your workers’ compensation e-mod is calculated

Learn how your experience modification factor impacts your premium, and what you can do to manage it.

6. What are employer liability limits?

Find out about employer liability insurance – a rarely used coverage that is included with your workers’ compensation policy.

5. Creating a policy for employee cell phone use while driving

If you have employees who drive for work, our sample policy and safety training advice can help.

4. Ergonomic and safety tips when working from home

Follow these tips to avoid pain and strain while working from home.

3. Expert tips and best practices to make your safety committee thrive

Read our best practices for safety committees.

2. What employers need to know about concussions

Get tips on preventing concussions and accommodating an employee who is recovering from one.

1. Top seven safety tips for office workers

Office work may be less hazardous than other roles, but there are still important safety tips to be aware of.

Increasing blue light exposure has a dark side

Posted on by Patty Busse

The use of electronic devices has become almost inevitable in our daily lives. For the majority of employees working in corporate settings, nearly the entire workday is spent looking at computer screens. Could this amount of screen time be detrimental to our health? Researchers say it’s possible.

What are the effects of blue light exposure?

Back-lit digital devices like computers, tablets and smart phones all emit blue light, a high-energy, short wavelength visible to the human eye. Emerging research shows that blue light does have physical effects on the body, though few of them are positive.

Relatively short exposure to blue light can temporarily stimulate the brain and improve mood. Prolonged exposure, however, is likely to damage retinal cells over time and may contribute to the development of:

  • Eye strain
  • Age-related macular degeneration (AMD)
  • Cataracts
  • Nearsightedness
  • Sleep disruption
  • Mood disorders

Findings from a recent Harvard University study name High Energy Visible blue light, the type of light emitted by most digital devices, as the most dangerous light to the human eye. As the world becomes increasingly digitized, blue light exposure will likely remain an ongoing threat.

How can employees protect themselves from blue light exposure?

Fortunately, there are several ways to reduce digital eye strain and ultimately protect against long-term damage.

Research shows that staring at a screen for an extended period of time reduces blink rate, which often leads to dry, tired eyes. According to The Vision Council, employees in office settings can prevent this by using a strategy they call, “the 20-20-20 rule.” Every 20 minutes, take a 20 second break and look at something 20 feet away.

It’s a natural tendency to lean forward when looking at computer screens. Try to be mindful of the habit and do your best to straighten your posture. The ideal sitting position keeps eyes a full arm’s length from the screen.

Some have also found relief by using blue light glasses. With lenses designed to shield your eyes from harmful rays, these glasses may reduce eyestrain and brain stimulation, ultimately leading to improved sleep quality.

Experts also suggest reducing screen brightness as much as possible. Darkening the screen lowers the intensity of light taken in by your eyes. If the brightness can’t be adjusted, consider purchasing a tinted film to apply to the screen itself. Additionally, if you’re working with a device that features multiple light modes, the preset “night mode” produces significantly less blue light than others, making it the safest option for your eyes.

Tips to cut down on virtual meeting fatigue

Posted on by Patty Busse

The coronavirus pandemic has affected the workplace in many ways, including a shift to virtual meetings.

People are also using video calls outside of work to keep up with friends and family.

Video call fatigue

A recent study by global staffing firm Robert Half indicates that workers may be suffering from video call fatigue.

Among the 1,000 people surveyed, 76% said they participate in virtual meetings and that they spend about one-third of their workday in front of a camera. That time really adds up, as more people observe that not having in-person meetings allows individuals to fill their schedule with more meetings each day.

As a result, 38% of respondents said they have experienced video call fatigue since the beginning of the pandemic. Those surveyed said their main video call pet peeves include dealing with technical issues and having too many meeting participants with people talking over one another.

SFM Chief Information Officer Chad Hagedorn oversees everything technical at the SFM offices. The Information Services department that he manages has worked tirelessly since the beginning of quarantine to provide employees with the equipment they need to work from home. That has included webcams and headsets so employees can video call.

“People may get used to video conferencing in the long term, so the frustration may go down,” Hagedorn said. “But in the meantime, individuals can take some steps to make the whole experience better.”

Hagedorn shared these best practices for virtual meetings:

  • Test your setup ahead of each meeting. This usually takes a minute or two, but can save you from missing a meeting or joining late if you have to do a little unanticipated troubleshooting.
  • Use the same equipment each time you join a virtual meeting. Having a familiarity with your computer, camera, microphone and the virtual meeting application makes the process go smoother. The same goes for mobile devices and tablets.
  • Request to have virtual meeting applications installed onto your work computer. The desktop versions of these applications, such as Zoom, GoToMeeting and WebEx, usually include more features than the web-based connections. If possible, have your IT department install them onto your company-provided computer.
  • Limit the guest list. Keep the meeting group as small as possible to allow for better communication among participants and to reduce the opportunity for people to talk over each other. Requesting that participants raise their hand when they want to talk can also help improve the quality of communication during a video call.
  • Find a quiet location before you start up your camera and microphone. Noises in the background are unnecessary distractions during meetings. If you can’t control your environment, it’s a good idea to keep your microphone on mute until you need to talk.

Create boundaries and a routine

Individuals working from home may find themselves clocking more hours than ever in front of a computer screen, simply because there are fewer reasons to get up and move away from their desk.

Hagedorn suggested the following tips to help you organize some breaks for yourself and optimize your workspace:

  • Switch your monitors to the “night light” setting to reduce the blue light emitted by the screens. Macs and PCs both offer this option under display settings.
  • Set up your desk to be ergonomically correct, so you prevent injury from hours of sitting and working with repetitive motion.
  • Stand up and stretch every hour, and go for walks during your breaks.
  • Set your office hours within your work email calendar and stick to them.
  • Block off a few periods during a busy day so you have time outside of meetings to work on other things, or take breaks and stretch.
  • Establish boundaries between work and home. Close your office door when you’re done for the day, or turn off your monitors and silence your work phone if your home office is in your living area.

“That 30 minute drive home was the separation period people needed to mentally wind down after work,” Hagedorn said. “We forget how important it was to take that time and observe the physical separation from the office and the break from screens.”

Read our blog on ergonomic safety tips when working from home to learn more about how to set up your home office so it is safe and comfortable.

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 2020, our Subrogation Team recovered more than $1.5 million. In many cases, SFM recovers 100% of what was paid on the claim. In fact, full recovery was received on over 50% of the subrogation claims in 2020. 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 where 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 and restitution in criminal matters.

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 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)
  • 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)
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