Legal and safety considerations for hybrid workers

The growing popularity of hybrid work schedules has many employers wondering about the workers’ compensation and safety implications.

There are some important legal and workplace safety considerations to be aware of if you have employees who work both remotely and on-site.

Injuries at home

Workers’ compensation coverage extends to hybrid employees whether they are working remotely or on-site at your office.

Overall, an employee’s injuries are usually compensable if they happen during the actual performance of work, and they are sustained during normal working hours. However, the presumption of the injury being work-related is what sets remote office work apart from injuries sustained on-site at an employer’s office.

In most cases, an employee injured in their home or remote office has the burden of proof, which means they must be able to document that their injury occurred within the course and scope of employment.

Personal comfort needs

Injuries that occur while meeting personal comfort needs are typically compensable whether an employee is working on-site or remotely. These can include injuries that happen while taking bathroom breaks, coffee and meal breaks, or other similar comfort tasks.

That does not extend to injuries suffered by employees working at home while they take breaks to complete personal life and home-related tasks such as caring for a child, carrying personal items up and down stairs, or doing housework. In those cases, compensability is determined by an investigation into whether the activity occurred in the course and scope of employment.

Commuting to work

The “coming and going rule” typically applies to employees commuting to work. Under this rule, workers’ compensation benefits generally do not cover vehicle accidents or injuries that happen while employees are driving to and from the employer’s on-site location because they aren’t providing a service to the employer during that time.

There are some exceptions that make it possible for an injury to be compensable when sustained during a commute to or from a workplace. For example, if the employee is required to drive their own vehicle to the office to use during their workday or for business travel, or if the injury occurs while an employee is running a work-related errand or operating a company-owned vehicle, it could be compensable. Careful analysis of the facts will help determine compensability.

Reporting injuries

No matter the circumstances, it’s important to report all injuries that occur during or around work hours whether they occur at an on-site location or the home office. Report injuries right away and let your workers’ compensation carrier determine compensability.

Setting expectations can help your hybrid workforce understand their role in safety and injury reporting. It helps to create a policy that clearly defines the terms and conditions of hybrid work activities and settings.

When injuries do occur, employers should promptly document in detail exactly when and how the accident occurred, and what the employee was doing before, during, and after the injury.

Remote work safety

The most frequent types of injuries we see among hybrid or remote workers are cumulative injuries that are usually a result of poor ergonomics at their remote workstation, and slips, trips, and falls.

An employer can manage ergonomics and reduce common hazards in an on-site office; however, the maintenance of the workspace shifts to the employee when they are setting up an office at home, so stressing the importance of good office ergonomics and good office housekeeping are important steps to providing and maintaining work safety for the hybrid employee.

Desk work completed in a home office may be lower risk for workplace injuries than other occupations, but it’s still important to talk about safety with your office employees, and to help your hybrid employees understand their role in home-office safety. We offer office-specific trainings and resources on our website at sfmic.com/safety/office.

Loss prevention insight from the experts

This article was adapted from our Loss Prevention 101 webinar. The full recording is available on our webinar page.

Preventing work injuries can save you money, time and stress, but those aren’t the most important reasons to establish a strong workplace safety program.

“Always remember that at the center of every workers’ compensation claim is a person and an injury can interrupt their life, their family, their hobbies, and more,” said SFM Loss Prevention Specialist Mike Fetting. “It’s important not to lose sight of that fact.”

In addition to the impact to the employee, work injuries can lower morale among coworkers and increase workers’ compensation premiums.

The only controllable item in an organization’s workers’ compensation premium cost is its experience modifier (e-mod) which is directly impacted by claim costs and severity. When a claim happens, it affects the company’s e-mod for 3 years.

If your claim history is about average among similar businesses, your e-mod will be 1.0. Each claim that results in a cost has the potential to increase your e-mod above 1.0, meaning worse than your peers, which directly increases the premium amount you pay. The lower your e-mod is, the less you pay in premium.

Hazard assessments and developing controls

Every safety program should include an ongoing process to identify workplace hazards, including anything within the scope of a job duty that could cause physical or mental harm to employees. For example, loud noise levels, wet floors or cracks in the parking lot could all be workplace hazards.

Depending on where employees are working, hazards could exist inside, outside, on a jobsite or even over the road, said SFM Loss Prevention Specialist Dana Mickelson.

Hazards can arise from materials, equipment, tools, or machines used by employees or within the workplace. They can even arise from people such as outside contractors, employees who create unsafe conditions for others, or supervisors who do not correct unsafe issues.

There are several assessment methods that safety and loss prevention leaders can use to identify hazards:

  • Identify loss history trends. For example, if an organization had 10 injuries last quarter and five are slips and falls from a wet floor, that should be a good indication to focus on slips and falls. Even if there aren’t any trends, employers can still use loss history to determine which jobs or areas to focus on.
  • Use other records to find risks and hazards to focus on. Examples include inspection reports, data safety sheets and job hazard analysis.
  • Complete inspections. Inspections can be done by a member of your safety committee, an employee, a supervisor or other leader, or a third party. They should also be completed after incidents occur as part of the investigation process. We recommend performing inspections periodically at different intervals, such as daily, monthly, or annually, depending on the hazard.
  • Conduct investigations. Injuries and near misses should always be investigated. The steps of an investigation include collecting facts – who, what, when, where and how – and then analyzing the facts to determine the root causes. Once the root causes are identified, decide what corrective actions to take for each root cause.
  • Have discussions. Ask employees about their safety concerns because they know and understand their job the best. Consider developing a safety committee consisting of different disciplines and departments to discuss hazards. During the discussions, think about potential emergency situations, and routine and non-routine tasks, such as those completed only once a year.

Prioritize the hazards identified

Some hazards will have easy fixes or can be corrected on-the-spot, but if there are several hazards without quick fixes, use a risk matrix to help you prioritize. A risk matrix is a grid where you plot likelihood of occurrence on one axis, and severity on the other.

First, determine the likelihood that an incident or event will occur based on a numeric scale – for example, one represents the lowest likelihood and four is the highest. Then, determine the severity if an incident or event were to occur, with one being low severity and four being catastrophic. For example, if you determine a hazard has a likelihood of three, and a severity of two, that is a medium-high risk hazard and should be given higher priority than the low-risk and medium-risk hazards.

Risk matrix: Use a risk matrix to help you prioritize which hazards to address first

Hierarchy of controls

After prioritizing hazards, determine what controls (i.e., corrections) to put in place. There are several options, and some are more effective than others. These options, ranked from most effective to least effective are:

  • Elimination: Physically remove the hazard
  • Substitution: Replace the hazard
  • Engineering controls: Isolate people from the hazard
  • Administrative controls: Change the way people work
  • PPE: Protect the worker with personal protective equipment

Hierarchy of controls from most effective to least effective: 1) Elimination: Physically remove the hazard. 2) Substitution: Replace the hazard. 3) Engineering controls: Isolate people from the hazard. 4) Administrative controls: Change the way people work. 5) PPE: Protect the worker with Personal Protective Equipment

There will most likely be several controls for each hazard. Some controls will be an immediate fix, and in most cases, you need to determine controls that will result in improved and sustainable corrections.

Finally, implement the controls. Develop a plan to document progress and set accountability. The plan should include the hazard, controls, target due dates, who is responsible for implementation, and a completion date.

Keep in mind that performing assessments and determining and implementing controls is a continual, repeated process.

To learn more about building and maintaining your safety and loss prevention program visit the safety tab on our website. You can also reach out to your SFM contacts.

Supporting injured employees’ mental and emotional health

When we think about work injuries, it’s natural to focus on the physical impact to the employee. But an employee’s mental and emotional health can also suffer due to life changes surrounding the injury.

Employees who are off work due to their injuries may feel worthless or lonely. They may be unable to do activities they used to enjoy such as sports or playing with kids. They may not be able to do their usual household work, causing family relationships to suffer.

As an employer, you can play an important role in helping an injured worker maintain their mental health. Read on to learn how.

Show care and concern

One basic and important thing employers can do for injured workers is to show care and concern for their health and well-being. This can come in the form of sending notes, text messages, emails, or even flowers to let them know you’re concerned about their health and wish them a full and speedy recovery. If they’re off work due to their injury, check in often so they know they are not forgotten and that you’re looking forward to having them back. Look for opportunities to help them maintain their social connections with coworkers. Injured workers may be nervous that they will be replaced, and won’t have a job to return to, so it helps to reassure them that this is not the case.

Point to support resources

Sometimes the mental health challenges workers are facing may require the help of a trained professional.

Knowing this, you can make your employees aware of any resources your company offers, such as a wellness program, health insurance benefits or an employee assistance program (EAP).

The Centers for Disease Control and Prevention (CDC) calls employee assistance programs one of the most effective ways to support employees with depression or other mental health problems. Employee assistance programs also offer managers’ assistance lines, which leaders and supervisors can access for guidance when one of their employees is experiencing difficulties.

Support return-to-work

Bringing employees back to work as soon as their doctor will allow it demonstrates your commitment to them and their recovery. It helps alleviate worries about losing their job and gives them a way to feel productive and connected.

This may require providing light-duty work to accommodate medical restrictions. Be sure that supervisors are aware the returning employee will have limitations, so they are welcoming and understanding toward the worker.

Emphasize positive relationships with employees

At all times, regardless of whether an employee is injured, provide a work environment where employees feel valued by their supervisors and the company. Place an emphasis on positive work relationships.

In the event of an injury, the employee will be less likely to worry, and more motivated to return to work.

In the rush of covering for an injured employee, it can be easy to lose sight of the employee’s needs. But taking even a little time to reach out and offer support can make a big difference in your employee’s mental health and recovery.

Bob Lund Scholarship invests in future insurance leaders

Bob Lund
SFM Former CEO Bob Lund

Earlier this year, SFM established a new scholarship program designed to identify and support future leaders and introduce them to rewarding careers in the insurance industry. The Bob Lund Scholarship is named for SFM’s former CEO, who is widely known for his service to the field of insurance and his continuing passion for making the world a better place.

The group of SFM employees behind this effort, known as the Insuring the Future Committee, chose to partner with Wallin Education Partners . This Minnesota-based nonprofit has an established history of connecting students in need with the support they need to succeed in college and beyond. The Wallin scholarship program is committed to supporting students from historically underserved communities and eliminating barriers for groups that are underrepresented in business leadership roles (see page 100 of the 2022 Wallin Scholarship Yearbook where the SFM program is detailed).

“We decided to partner with Wallin because not only do they facilitate the scholarship and help us find a student, but they also provide support to students in the program throughout their college career,” said Insuring the Future Committee chair Carl Gruber. “They’re committed to supporting their students and helping them succeed.”

Meet the first Bob Lund Scholar

Van Nguyen (photo), Robbinsdale Cooper High School, University of Minnesota - Twin CitiesThe inaugural Bob Lund Scholarship recipient, Van Nguyen, started this fall at the University of Minnesota – Twin Cities as a first-year student.

The major Nguyen has chosen to pursue is Finance, Operations Management. She graduated from Robbinsdale Cooper High School in 2022, having distinguished herself through both academics and extracurricular achievements. The plan is to award Nguyen a scholarship through all four years of school, as long as she stays compliant with the program’s requirements.

In her scholarship application, Nguyen shared: “I believe that a successful college experience would be being able to find out who you are as you’re developing so many new skills and academic enrichments while learning about your interests.”

In addition to sponsoring Nguyen, the Insuring the Future Committee plans to support a new student each year, aiming to provide scholarships for four students at a time. The committee is also working on starting an internship open to Wallin Scholars.

 

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How hobbies can improve mental health and overall well-being

We all know the saying “an apple a day keeps the doctor away.”

Just as eating fruits and vegetables can play an important role in physical health, research suggests there may be a similarly simple way to improve mental health – having a hobby.

At a time when managers and employees alike may be struggling with their mental health, hobbies can provide a fun way to beat the blues.

The science behind hobbies as mood-boosters

Hobbies can make us feel happier and more relaxed, and studies have shown that people who participate in hobbies suffer less from low moods, depression, and stress. Whether you enjoy athletics, creative endeavors, or academic hobbies, the result is the same if you find the activity meaningful and enjoyable.

That’s because hobbies trigger the brain’s natural reward system, according to The Conversation . If you treat yourself to a hobby you enjoy, it sets off your brain’s pleasure sensors, releasing chemicals that make you feel happy or content. In turn, these chemicals can increase your motivation to continue.

The hobbies you choose can provide you additional benefits. Physical activities can improve brain function and increase physical fitness, both of which have been linked to better moods and stress relief. Hobbies that require coordination or dexterity will tune up your motor skills. Examples include knitting, drawing, playing video games, and woodworking. You may improve memory by learning a language, taking up tai chi, doing a crossword puzzle, and reading, just to name a few.

Where to begin in the search for a hobby

If you don’t have a hobby in mind already, don’t worry. Exploring your options can be fun. Here are some ideas for hobbies you can take up to maintain good mental health:

  • Attend a photography class at your local technical college or just go out and take pictures of things you like. Experiment with photography techniques and different angles of a single subject. Use the time to observe things around you and try to see objects or people from new perspectives.
  • Attempt a new recipe in the kitchen, attend a cooking class, or teach yourself to bake. The obvious benefit is that these hobbies result in something tasty (which triggers your brain to release feel-good chemicals making you feel happy), but they also require your focus on the recipe which can take your mind off the negative. Cooking can be a stress reliever and the joy of accomplishing what you started, or providing for family and friends, can build self-esteem.
  • Start hiking and explore state and county parks near you. This form of exercise also gives you a dose of nature which can be both mood-boosting and calming. If you solo hike, you can use the time to practice mindfulness while taking in the sights around you.
  • Take lessons to learn a musical instrument. Playing a musical instrument can relieve stress for many people and is an outlet for creativity or emotions. Plus, experts say setting a goal to learn an instrument and achieving it can help boost your confidence.
  • Try gardening or growing indoor potted plants. This hobby is optimistic by nature because only time and care will help plants grow, and it can come with a sense of pride from working with your hands and succeeding in what you try.
  • Join a community recreational league like softball, basketball, badminton, or pickleball. You’ll reap the benefits of physical exercise and social interaction with others. There’s a bonus if you laugh and chat with your teammates because both can be good for your mental health.
  • Sign up for dance lessons or go to Zumba classes. You can express yourself in a different way through dance, get a fun workout in, and you might even meet new friends at class. Listening to upbeat music is also an effective way to lift your mood.

Trying new hobbies keeps your mind active and healthy, and these are just a handful of suggestions to get you started. Ask your coworkers what they do for fun, and you’ll probably hear some other great ideas.

Artificial intelligence-powered tool helps prevent pain and strain

SFM’s loss prevention representatives can put away their protractors.

They’re now measuring ergonomics with help from an artificial intelligence-powered app that can deliver assessment results in minutes.

The technology can most benefit employers with job tasks that involve material handling or repetition — the types of tasks that can lead to serious musculoskeletal disorders if done improperly.

Using the tool, loss prevention representatives can quickly identify any high-risk body positions during the course of a job task.

“It’s an exciting advancement in our ability to efficiently evaluate workplace ergonomics,” said SFM Loss Prevention Technical Leader Lee Wendel. “Policyholders appreciate that we can identify risks and recommend ways to make the work safer all within one day.”

How it works

To use the tool, loss prevention representatives simply take a short video of an employee working, and upload it.

That’s when the AI kicks in to evaluate the risk level of the worker’s body position using longtime, proven tools such as the Rapid Entire Body Assessment (REBA).

It then returns back the video with the worker’s skeletal position highlighted in red, yellow or green, based on risk.

The technology was designed with privacy in mind — employee faces can be blacked out and backgrounds blurred.

The software can do in minutes, what would have taken a safety professional hours to do by hand.

Once the results are back, the loss prevention representative can report the areas of concern to the policyholder and suggest ways to make the job safer. Sometimes simple adjustments to the workstation can solve the issues, and sometimes bigger changes, such as automation, are recommended.

Preventing injuries before they start

For certain employers, the AI tool will be a big help in taking injury prevention efforts to the next level.

“We’re excited that this technology will help prevent more employees from ever having to experience the pain of a musculoskeletal injury,” Wendel said. “We’ll be continuing to keep an eye out for more ways technology can help us better serve our customers in the future.”

Workers’ compensation waiting periods

A workers’ compensation “waiting period” is the number of days an employee must be off work before receiving wage-loss benefits.

This waiting period is established by state law, and differs from state to state.

It’s worth knowing your state’s workers’ compensation waiting period and the rules surrounding it, because bringing injured employees back to work within this timeframe whenever possible is one of the most important things you can do to control future premiums.

Bringing an employee back to work before the state’s waiting period ends will keep the claim “medical only,” which means claim costs will be reduced by 70 percent when determining your experience modification factor (e-mod).

Waiting periods and rules differ by state

It’s not always easy to figure out when your employee’s waiting period ends due to factors like weekends or partial days.

Different states handle these issues differently.

In all of SFM’s core states of Minnesota, Wisconsin, Iowa, Nebraska and South Dakota, days the employee isn’t scheduled to work (such as weekends) generally count toward the waiting period, with one important exception. In Wisconsin, Sundays do not count unless the employee was scheduled to work.

This means in Minnesota and Iowa, if your employee is injured on a Friday, the waiting period would be Friday, Saturday and Sunday, and benefits would be due on Monday. Therefore, you may have only until Monday to bring the employee back to work to avoid a lost-time claim.

Wisconsin is also the only state of the five where the waiting period does not start until the first full day of missed work. In the other four states, the waiting period starts on the first full or partial day of missed work.

Waiting periods in MN, WI, IA, NE, KS and SD

The following are the waiting periods in SFM’s core states:

  • Minnesota: 3 days
  • Wisconsin: 3 days
  • Iowa: 3 days
  • Nebraska: 7 days
  • Kansas: 7 days
  • South Dakota: 7 days

Days before wage-loss benefits are paid retroactively

State law also defines how many days an employee must be off work to be retroactively paid wage-loss benefits for the waiting period days that were not initially paid.

For example, in Iowa, this number is 14 days. This mean an employee who is off work for 20 days due to a work injury would receive wage-loss benefits for the first three days of time off, but an employee who is off work for 10 days would not.

Again, this number differs by state. The following are the number of days an employee must be off work to be retroactively paid wage-loss benefits for the waiting period:

  • Minnesota: 10 days
  • Wisconsin: 7 days
  • Iowa: 14 days
  • Nebraska: 6 weeks
  • Kansas: 3 consecutive weeks
  • South Dakota: 7 consecutive days

Bringing employees back to work

In many cases, a doctor may allow an injured employee to return to work, but not to their regular job. At times like these, it helps to be prepared with a list of light-duty jobs in advance. For ideas, find lists of light-duty jobs by industry in our blog post Free return-to-work resource provides ideas for light-duty jobs.

SFM Foundation featured on KARE 11 “Communities that KARE”

The SFM Foundation was featured on the November 9 edition of the KARE 11 “Communities that KARE” segment.

SFM Foundation Scholarship Director Debra Zorn was interviewed along with scholarship recipients Haley and Mason Rinzel and their parents.

KARE 11’s video and article showcase how the SFM Foundation changes lives and how their scholarships personally impacted the Rinzel family after Haley and Mason’s father, Greg, was injured in the line of duty as a Cottage Grove police officer.

“We are absolutely elated to have been featured by KARE 11,” said SFM Foundation President Linda Williams. “We are so grateful to KARE 11 for helping us spread the word about the important work we do so we can help more deserving families.”

View the full KARE 11 feature

 

About the SFM Foundation

The SFM Foundation was created in 2008 by SFM Companies, a regional workers’ compensation insurance group headquartered in Bloomington, Minnesota. SFM Foundation is dedicated to easing the burdens on families affected by workplace accidents. Since its inception, the Foundation has awarded 187 scholarships totaling $2.4 million. For more information, visit sfmfoundation.com .

SFM Foundation is an affiliate of Kids’ Chance of America  in Iowa and Minnesota.

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SFM rolls out online portal for injured workers

Injured workers covered by SFM now have 24/7 digital access to their claim information through SFM’s website.

Through a new self-service tool called SFM Claim Connection, workers with SFM claims can access claim details, review payments, download forms and set up text alerts to be notified of payment activity.

“This is the latest development in our ongoing initiative to improve the claim experience for the workers we serve,” said Steve Sandilla, SFM’s Senior Vice President of Strategic Business Operations. “We’re striving to eliminate barriers for the employees we insure, and this tool gives them a valuable new way to access critical information about their claims.”

Optimized for mobile devices

The system was designed with mobile users in mind, as we recognize that a growing percentage of users prefer to access this kind of information on their phones. Smartphone users can access all the same information that’s available on the desktop version. The application even includes a mobile-friendly insurance ID card that workers can take with them to medical appointments.

Empowering workers with information

“Equipping injured workers with the right information at the right time makes their lives easier,” Sandilla said. “We’ve always worked hard to empower our customers with reliable answers, and now we have a convenient new tool to help us deliver on that promise.”

Learn more about the SFM Claim Connection and how it can help injured workers.

 

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Star Tribune names SFM a Top Workplace for 2020

Star Tribune Top 150 Workplaces 2020BLOOMINGTON, Minn., June 25, 2020 — SFM ranked ninth among medium-sized employers in the Star Tribune’s Top 150 Workplaces in Minnesota for 2020.

The Star Tribune’s top workplaces were chosen based on anonymous surveys of employees which asked them to rank their employers in areas such as quality of leadership, cooperation between departments, meaningfulness of work, appreciation from coworkers, positivity of workplace, flexibility in scheduling, level of pay and quality of benefits.

92% of SFM’s 250+ employees participated in the survey. Key findings include:

  • SFM employees describe SFM as a caring, ethical, collaborative and supportive workplace
  • SFM employees rate their job satisfaction 77 percent higher compared to similar business insurance companies
  • 99 percent of employees feel well informed about important decisions at SFM compared to other business insurance companies
  • 93 percent of employees believe that there is good interdepartmental cooperation at SFM
  • SFM employees are engaged 9 percent higher than the industry benchmark

“I truly feel that we are the work comp experts because of our wonderful employees,” said Terry Miller, President and CEO. “Our employees are the heart and soul of SFM, and I believe they are the reason SFM is such a great place to work.”

SFM is known for its caring culture. We do this by helping employers keep safe workplaces, helping injured workers get their lives back, and making sure we take great care of our own employees.

“It’s wonderful to see that our employees feel good about working at SFM,” said Jody Rogers, Senior Vice President, Human Resources. “It’s always been our philosophy to take excellent care of our employees, and these survey results confirm that our efforts are being felt.”

The Star Tribune Top Workplaces designation is awarded based on the results of a survey of employees conducted by Energage, a company that specializes in employee surveys and conducts more than 66,000 annually.

View Star Tribune’s 2020 Top Workplaces article

View SFM’s Top Workplaces profile

 

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