Deadline for Filing 9-11 Claims Approaches - Cancer Claims Soar

As the October 3, 2013 deadline for filing 9-11 World Trade Center claims for benefits approaches, an increase in the number of claims flowing from cancer continue to soar. Over 1,100 cancer claims have been filed to date.

"More than 1,100 people who worked or lived near the World Trade Center on 9/11 have been diagnosed with cancer, according to the Centers for Disease Control and Prevention."

Click here to read the compete article from CNN.

Click here for more information about filing a claim. 

….

Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Lobbyists: Postal Service will try to hike stamp price

Today's post was shared by WCBlog and comes from thehill.com

The troubled United States Postal Service is likely to vote to raise its prices at a Thursday meeting of its Board of Governors, according to top Washington lobbyists opposed to the hike. Greeting Card Association lobbyist Rafe Morrissey told reporters Wednesday that he expects the USPS to try to increase price of the 46 cent first-class stamp by 3 cents. That would consist of a 2 cent increase on top of a 1 cent inflation adjustment already expected in January. The magazine industry is anticipating as much as a double-digit increase for periodicals, another lobbyist source said. Currently, magazine postal rates average 27 cents per magazine. The Board vote would start a process of seeking emergency price-raising powers from the Postal Regulatory Commission. Congress under current law does not have a role in the process, but both the House and Senate are weighing overhauls of the USPS. “The Board seems to me moving down the path of filing an exigent case,” Morrissey said. “We don’t think that is part of a common-sense or sustainable solution.” He argued that the rate increase along with proposed reductions in service such as the end of Saturday delivery would only contribute to a agency's death spiral. The Greeting Card Association wants Congress to adjust the formula by which the USPS prefunds the future health benefits for its retirees and for it to consider delivering mail to curbside cluster boxes rather than individual...

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CDC: Public Health Practices to Include Persons with Disabilities

Today's post was shared by WCBlog and comes from www.cdc.gov

This is another in a series of occasional MMWR reports titled CDC Grand Rounds. These reports are based on grand rounds presentations at CDC on high-profile issues in public health science, practice, and policy. Information about CDC Grand Rounds is available at http://www.cdc.gov/about/grand-rounds. "Persons with disabilities" is a vague designation that might not always be understood.  Persons with disabilities are persons with limitations in hearing, vision, mobility, or cognition, or with emotional or behavioral disorders. What they have in common is that they all experience a significant limitation in function that can make it harder to engage in some activity of daily living without accommodations or supports. According to the World Health Organization, disability has three dimensions: 1) impairment in body function or structure, such as loss of a limb or loss of vision; 2) limitation in activity, such as difficulty seeing, hearing, walking, or problem solving; and 3) restriction in participating in normal daily activities, such as preparing a meal or driving a car. Any of these impairments, limitations, or restrictions is a disability if it is a result of a health condition in interaction with one's environment (6). These limitations all relate to health conditions experienced within the environment in which persons live, as well as to other personal factors. Environmental barriers can be physical barriers, such as stairs; communication barriers, such...

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Jobs are coming back, but they don't pay enough

Workers' Compensation benefits are usually based on an individual's wages and limited by the State Average Weekly Wage (SAWW). Likewise, premiums paid by employers are also determined by payroll costs. As medical costs soar, wage are not keeping up with wages, therefore premiums must rise. The result is a push by employers to limit workers' compensation claims through regulation and statutory reforms. Today's post was shared by Steven Greenhouse and comes from www.baltimoresun.com

The good news as Labor Day approaches: Jobs are returning. The bad news: Most of them pay lousy wages and provide low, if not nonexistent, benefits. The trend toward lousy wages began before the Great Recession. According to a new report from the Economic Policy Institute, weak wage growth between 2000 and 2007, combined with wage losses for most workers since then, means that the bottom 60 percent of working Americans are earning less now than 13 years ago. This is also part of the explanation for why the percentage of Americans living below the poverty line has been increasing even as the economy has started to recover — from 12.3 percent in 2006 to around 14 percent this year. More than 35 million Americans now live below the poverty line. Many of them have jobs. The problem is that these jobs just don't pay enough to lift their families out of poverty.

OK's True Cost Control Feature

Counsel fees are a critical element to workers' compensation claims. David DePaolo's recent blog post highlights how counsel fees motivate some claim strategies in Oklahoma where a 30% fee prevails. Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com

Most of the attention Oklahoma's reform is getting in the work comp world is about opt-out. But another minor provision of that law may be something more meaningful for traditional work comp systems to keep an eye on. Oklahoma for some time has had a "value added" provision on its books for attorney fees. In short, claimant attorneys fees are capped at 30%, but in the past that cap was available only if the employer admitted the claim, provided medical coverage and made a written settlement offer. Under Senate Bill 1062 all that is required now is that the employer make a written settlement offer, then the claimant attorney fee is capped at 30% of the difference between what the settlement offer is, and what the award actually ends up being. For instance, if an employer offers an injured worker a settlement of $10,000, the worker hires an attorney and obtains a $15,000 settlement, the claimant's attorney would only be entitled to attorney fees of up to 30% on the $5,000 difference between the two awards. Because the law in the past required admitting liability and providing medical services, many employers deferred making settlement offers, thus prolonging case adjudication, ergo expense. Since employers would have to admit the claim in order to invoke the cap on attorney fees, claimants' attorneys began adding additional body parts to increase the value of the case and make it more difficult for employers to admit the claim - employers were loath to admit to body parts that they...

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Nation’s Biggest Assisted Living Chain Agrees to Pay $2.2 Million to Settle Claims of Cheating on Wages

Wages in workers' compensation claims determine rates pf payment. The higher the wage usually, the higher the benefit payment. Today's post was shared by FairWarning and comes from www.fairwarning.org

Workers who care for frail seniors win settlement from Emeritus Senior Living. The chain, the country’s largest assisted living company, agreed to pay up to $2.2 million to settle claims that it routinely underpaid workers at dozens of California operations. Hands-on workers at Emeritus centers – non-salaried aides and support staffers who provide care and clean — alleged in a suit that the company had not only shortchanged them in their pay, but also violated state laws on mandated meal times and rest periods.

Report Recommends Raising Workers' Compensation Premiums

The California "too good to be true" reform effort, was just that, too good to be true. Rates are going up and benefits are going down. Today's post was shared by votersinjuredatwork and comes from www.californiahealthline.org

Workers' compensation premiums in California should increase by 3.4% in 2014, according to a report by the Workers Compensation Insurance Rating Bureau, the Sacramento Bee's "Capitol Alert" reports.The report represents a non-binding recommendation for insurers (Walters, "Capitol Alert," Sacramento Bee, 8/12). Background In September 2012, Gov. Jerry Brown (D) signed into law a bill (SB 863) that overhauled the state's workers' compensation system. The law -- by Sens. Kevin de León (D-Los Angeles) and Jose Solorio (D-Anaheim) -- changed the formula used to calculate benefits for injured workers, increasing their compensation by an average of 29%. It also eliminated benefits for certain health conditions that often are subject to lawsuits, such as psychiatric problems, sexual dysfunction and sleep loss.

Walmart CEO Mike Duke Pushes Back Against Company's Minimum Wage Reputation

The struggle to increase minimum wages continues. Some perceptual targets such as Walmart are trying to spin the story a to a different perspective. Today's post was shared by Huffington Post and comes from www.huffingtonpost.com

Fast food and retail workers across the country have taken to the streets this year to decry their low wages. But the CEO of Walmart, which is often a target for criticism in that battle, claims a very small share of its workers actually make the bare minimum. “I think less than one percent of our associates make the minimum wage,” Walmart CEO Mike Duke said in an interview with CNBC's Maria Bartiromo. "The vast majority of our associates are paid more than that.” More specifically, less than one half of one percent of Walmart's hourly associates make their state or federal minimum wage, according to a Walmart spokesman. The company claims that full-time Walmart workers make $12.78 per hour on average, much more than the federal minimum wage of $7.25. Yet that figure excludes part-time workers, a group that likely makes up a substantial share of Walmart's workforce, thought not its majority, according to the company.

Fast-food workers call for nationwide walkout Aug. 29

Low wages, adverse working conditions  and minimal benefits are epidemic in the US fast food industry. As workers' compensation benefits are based on salaries, fast food workers tend to receive minimum standard benefits. Today's post was shared by Steven Greenhouse and comes from www.washingtonpost.com

Emboldened by an outpouring of support on social media, low-wage fast-food and retail workers from eight cities who have staged walkouts this year are calling for a national day of strikes Aug. 29.

The workers — who are backed by local community groups and national unions and have held one-day walkouts in cities such as New York, St. Louis and Detroit — say they have received pledges of support from workers in dozens of cities across the country.

The workers are calling for a wage of $15 an hour and the right to form a union. Organizers of the walkout say cashiers, cooks and crew members at fast-food restaurants are paid a median wage of $8.94 an hour.

Since some 200 workers walked off their jobs at fast-food restaurants in New York City in November, the strikes have moved across the country, drawing attention to a fast-growing segment of the workforce that until recently had shown no inclination to organize for purposes of collective bargaining.

Workers' Compensation Benefits, Employer Costs Rise with Economic Recovery

NASI issued the following press release reflecting that workers' compensation costs are continuing to soar on the back of ever increasing medical expenses. The real question that remains unanswered is whether the Affordable Care Care will rein in costs and capture the workers' compensation delivery system in the process. Increased costs are good for workers' compensation carriers as they increase premiums to reflects those numbers. Looking down the road, a single Universal Medical Benefit program may present the only true alternative to achieve the cost savings employers need and want. Today's post was shared by WCBlog and comes from www.nasi.org

After declining in the wake of the recession, workers’ compensation benefits paid to injured workers and costs borne by employers increased in 2011 as the U.S. economy continued to recover, according to a new report by the National Academy of Social Insurance (NASI).

Total benefits rose by 3.5 percent to $60.2 billion.  The benefits include a 4.5 percent rise in medical care spending to $29.9 billion and a 2.6 percent rise in wage replacement benefits to $30.3 billion. Total costs to employers rose by 7.1 percent to $77.1 billion.

"Workers’ compensation often grows with the growth in employment and earnings,” said Marjorie Baldwin, chair of NASI’s Workers’ Compensation Data Panel and Professor of Economics in the W.P. Carey School of Business at Arizona State University.  When benefits and costs are measured relative to total covered wages, then benefits remained unchanged, and costs to employers rose very modestly (to $1.27 per $100 of wages) after declining in the previous five years.

Workers’ Compensation Benefits, Coverage, and Costs, 2011
Covered workers (in thousands)
Covered wages (in billions)
Workers' compensation benefits (in billions)
Cash benefits	$30.3	2.6%
Employer costs (in billions)	$77.1	7.1%
Amounts per $100 of covered wages
Cash payments to workers
Source: National...

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Modern Families and Worker Protections

The word "spouse" has a new legal definition following the US Supreme Court's recent decision in US v. Windsor (2013). Today's post was shared by US Dept. of Labor and comes from social.dol.gov

Until 1993, there was no law that protected workers from having to choose between their jobs and their health – or the welfare of family members who needed their care. The Family and Medical Leave Act changed that, by allowing covered employees to take up to 12 weeks of unpaid leave without getting fired. This law provided greater protection and flexibility to America’s workers, and the Wage and Hour Division has been proud to uphold it for the past 20 years.

But our agency doesn’t just enforce the law. We also provide guidance to employees and employers, to make sure they understand their rights and responsibilities. Earlier this week, the Wage and Hour Division made a few revisions to some of our guidance documents that reflect changes to our enforcement of the FMLA in light of the Supreme Court’s recent decision in United States v. Windsor.

These updates remove all references to the Defense of Marriage Act’s provisions that denied federal benefits to legally married, same-sex couples. In light of the Supreme Court’s decision U.S. v. Windsor, the updates clarify the definition of “spouse” for Title I of the FMLA, which applies to covered private-sector employers and any covered public agency. The updated documents can be viewed at these links:

These changes are not regulatory, and they do not fundamentally change the FMLA. They simply recognize that the Supreme Court’s Windsor decision expands the number of employees who...

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Workers are too scared in the US to file claims

A recent research report indicated that workers fail to report occupational illness and accidents for fear of retribution by their employers. Most state laws prohibition retaliation by employers, but it is very difficult to enforce that aspect of workers' compensation statutes.

Health Serv Res. 2013 May 13. doi: 10.1111/1475-6773.12066. [Epub ahead of print]

The Proportion of Work-Related Emergency Department Visits Not Expected to Be Paid by Workers' Compensation: Implications for Occupational Health Surveillance, Research, Policy, and Health Equity.

Groenewold MR, Baron SL.

Source

National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention, Cincinnati, OH.

Abstract

OBJECTIVE:

To examine trends in the proportion of work-related emergency department visits not expected to be paid by workers' compensation during 2003-2006, and to identify demographic and clinical correlates of such visits.

DATA SOURCE:

A total of 3,881 work-related emergency department visit records drawn from the 2003-2006 National Hospital Ambulatory Medical Care Surveys.

STUDY DESIGN:

Secondary, cross-sectional analyses of work-related emergency department visit data were performed. Odds ratios and 95 percent confidence intervals were modeled using logistic regression.

PRINCIPAL FINDINGS:

A substantial and increasing proportion of work-related emergency department visits in the United States were not expected to be paid by workers' compensation. Private insurance, Medicaid, Medicare, and workers themselves were expected to pay for 40 percent of the work-related emergency department visits with this percentage increasing annually. Work-related visits by blacks, in the South, to for-profit hospitals and for work-related illnesses were all more likely not to be paid by workers' compensation.

CONCLUSIONS:

Emergency department-based surveillance and research that determine work-relatedness on the basis of expected payment by workers' compensation systematically underestimate the occurrence of occupational illness and injury. This has important methodological and policy implications.

© Health Research and Educational Trust.

PMID:

 

23662682

 

[PubMed - as supplied by publisher]

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When Should A Disabled Worker Take Social Security Benefits

Disabled workers are faced with complex decisions on when they should take Social Security benefits. The senario is complicated with the addition of  workers' compensation benefits and pensions, especially if they are married and/or have dependent children.

Answers to maximizing Social Security benefits are now available on-line as reported by the PBS Newshour. Several versions, including a free basic version, of software is available from Laurence Kotlikoff, Professor of Economics at Boston University. A version called, Maximize My Social Security is available for a licensing fee of $40.00 per year.

Obama to Increase Workers' Compensation Benefits

President Obama announced a plan this week that will increase benefits paid to injured workers though workers' compensation insurance. Obama intends to increase the minimum wage from $7.25 to $9.00 per hour and "index" future increases.

The majority the nation's patchwork of workers' compensation systems are based on a payment scheme linked to wages. The State Average Weekly Wage (SAAW) establishes the foundation upon which temporary disability and permanent disability payments are determined. As wages increase so will benefits.

President Barack Obama
Delivering The State of The Union
White House Photo: Chuck Kennedy

A White House spokesperson announced that, "The President’s plan strengthens the middle class by making America a magnet for jobs, equipping every American with the skills they need to do those jobs, and ensuring hard work leads to a decent living."

"The President believes that no one who works fulltime should have to raise their family in poverty. But right now, a full-time minimum wage worker makes $14,500 a year – which leaves
too many families struggling to make ends meet, with a family of four with a minimum wage worker still living below the poverty line. That’s why the President is calling on Congress to raise the Federal minimum wage for working Americans in stages to $9 in 2015 and index it to inflation thereafter."

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Downton Abbey and Workers' Compensation

Highclere Castle (Photo credit: Wikipedia)

The PBS series, Downton Abbey, has many parallels to the nation's workers' compensation system and reflects how outdated the present benefit system is to meet current needs of injured workers.

The critically acclaimed fictional British TV series, that begins a 3rd broadcast season this month in the US. The first season was set in 1912, with the sinking the RMS Titanic and the outbreak of World War I. 

 The drama concerns itself with non-working aristocratic elite who had amassed multitudes of wealth and were land barrons. The post-Edwardian era Crawley family had a large entourage of servants, who worked 

"downstairs," at low pay and no benefits, providing services to the heirs of Downton Abbey, a lavish estate in England.

It mirrors the era of the enactment of the original European, and thereafter adopted US, workers'  compensation programs. The system provided an administrative remedy to provide a summary, remedial system of benefits to workers in lieu of a trial by jury in the civil justice system.

While workers' compensation is not explicitly mentioned in the TV series, the viewer can gain an understanding of the perspective of the oppressed employees who devoted their lives to the land owning family and considered it an honor and privilege to stay in their employ. Dedication to the employer resulted in lifelong career positions with little complaint of working conditions and lack of benefits.

The British aristocracy system portrayed in the Downton Abbey soon fell into economic ruin, as did the entire British workers' compensation system, yielding to a better medical delivery system and socialized benefits. 

On the other side of "the pond," in the US, the program has just persisted with more money going to the richest individuals, reflected in with major compensation packages. On the other hand, working Americans have lost jobs, benefits, and income as the nation's economy continues to decline. The US needs to adjust the benefit system to approach what the European Economic Union has achieved.

The second Obama Administration is beng recomposed with a Cabinet to achieve a better funded and structured benefit system. Hopefully a better benefit system will be formulated for injured workers and their families.

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Slow Recovery Affects Workers' Compensation Benefits and Costs

Today's post comes from guest author Kit Case from Causey Law Firm.

A Press Release by the National Academy of Social Insurance

WASHINGTON, DC - Workers' compensation benefits declined to $57.5 billion in 2010 according to a report released today by the National Academy of Social Insurance (NASI). The drop in workers' compensation benefits was largely due to a 2.1 percent drop in medical benefits for injured workers. Employers' costs for workers' compensation also fell by 2.7 percent in 2010. As a share of covered wages, employers' costs in 2010 were the lowest in the last three decades.

"As a share of covered wages, employers' costs in 2010 were the lowest in the last three decades."

"Employers' costs as a percent of payroll declined in 43 jurisdictions," said John F. Burton, Jr., chair of the study panel that oversees the report. "This decline is probably due to the slow pace of the recovery, with many jurisdictions still experiencing relatively high unemployment rates."

Workers' Compensation Benefits, Coverage, and Costs, 2010
Total	2010	Change   Since 2009 (%)
Covered workers (in thousands)	124,454	-0.3%
Covered wages (in billions)	$5,820	2.6%
Benefits paid (in billions)	$57.5	-0.7%
Medical benefits	$28.1	-2.1%
Cash benefits	$29.5	0.7%
Employer costs (in billions)	$71.3	-2.7%
Per $100 of Covered Wages	2010	Change   Since 2009 ($)
Benefits paid	$0.99	-$0.03
Medical benefits	$0.48	-$0.03
Cash benefits	$0.51	-$0.01
Employers' costs	$1.23	-$0.06
Source: National Academy of Social Insurance, 2012.

The new report, Workers' Compensation: Benefits, Coverage and Costs, 2010, is the fifteenth in the series that provides the only comprehensive data on workers' compensation benefits for the nation, the states, the District of Columbia, and federal programs. 

"This report represents the first time the Academy has released employers' costs by state."

This report represents the first time the Academy has released employers' costs by state. For a table showing employers' costs for all fifty states and the District of Columbia, refer to Table 12 (page 34).

Most states reported a decrease in the number of workers covered but an increase in covered wages between 2009 and 2010. During the same period, the total amount of benefits paid to injured workers declined in 26 jurisdictions and increased in 25. As a share of payroll, benefits paid to injured workers fell by three cents to $0.99 per $100 of payroll in the nation.

The share of medical benefits for workers' compensation has increased substantially over the last 40 years. During the 1970s medical benefits nationally accounted for 30 percent of total benefits, whereas in 2010 the share of benefits paid for medical care was almost 50 percent. Experts attribute this trend to the rising cost of health care.

Read more about the economic recovery and workers compensation

Workers' Compensation: The New Economic Recovery Act Fails to ...

Feb 14, 2009

The new stimulus package, The American Recovery and Reinvestment Act [ARRA], fails to protect medical record privacy for injured workers. The new economic recovery package includes an appropriation of $19 Billion for ...

http://workers-compensation.blogspot.com/

Is The Recovery Of The Workers' Compensation System An Illusion?

Feb 23, 2009

Is The Recovery Of The Workers' Compensation System An Illusion? The present economic downturn has been compared to the Great Depression of the 1930's or the recession of the 1980's. The factors that existed during ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Privacy Went Out the Window

Feb 08, 2009

As the country embarks on a new economic recovery program, including national health care, the Federal government must rebuild the national system of workers' compensation system. Privacy should not be thrown out the ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Making a Fatal Circus Out of Safety

Feb 27, 2010

The system provides for a limitation of recovery and economic caps that shield employers from threatening damage claims. Without an economic incentive employers just won't do what's necessary to prevent accidents and ...

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If You’re Going Out To Eat Check Out “Behind The Kitchen Door”

For many celebrating the holiday season is inggo out to eat for an enjoyable experience. Unknown to many restaurant patrons are the problems of restaurant workers and include:  low wages, occupational stress and lack of medical benefits that requires restaurant workers to go to work sick.

Behind The Kitchen Door exposes the working conditions in the restaurant industry.
 “How do restaurant workers live on some of the lowest wages in America? And how do poor working conditions—discriminatory labor practices, exploitation, and unsanitary kitchens—affect the meals that arrive at our restaurant tables? Saru Jayaraman, who launched a national restaurant workers organization after 9/11, sets out to answer these questions by following the lives of ten restaurant workers in cities across the country - New York City, Washington DC, Philadelphia, Houston, Los Angeles, Houston, Miami, Detroit, and New Orleans. Blending personal and investigative journalism, Jayaraman shows us that the quality of the food that arrives at our restaurant tables is not just a product of raw ingredients: it’s the product of the hands that chop, grill, sauté, and serve it, and the bodies to whom those hands belong.

“Behind the Kitchen Door “ is a groundbreaking exploration of the political, economic, and moral implications of eating out. What’s at stake when we choose a restaurant is not only our own health or “foodie” experience, but the health and well-being of the second-largest private sector workforce—the lives of 10 million people, many immigrants, many people of color, who bring passion, tenacity, and important insight into the American dining experience.

Download the 2012 National Diners Guide – See how your favorite restaurant ranks

Read more about "food" and "workers compensation"

Workers' Compensation: Clint Eastwood at the 2012 Republican ...

Sep 04, 2012

What kind of corporate man was Eastwood when he owned his restaurant, “Hog's Breath Inn,” in Carmel, California, when he was mayor? How did he treat his workers and what did he think about unions? It turns out Eastwood ...

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Workers' Compensation: Compensating Injured Oil Spill Workers ...

Jun 21, 2010

"So if a Boston restaurant says, 'We're losing business in our restaurant because we can't get shrimp from the Gulf,' let's take a look at Massachusetts law. Would Massachusetts law recognize that claim? If it would, I will.

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Workers' Compensation: No Free Lunch For Salty Foods

Jan 13, 2010

"The New York City Health Department is coordinating a nationwide effort to prevent heart attacks and strokes by reducing the amount of salt in packaged and restaurant foods. ...Subscribe To Workers' Compensation. Posts ...

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The Illusion of Workers Compensation Reform and Corporate America

Apr 20, 2011

Having gained experience fighting hotel and restaurant unions, Levitt sent out seminar brochures across the country marketing his expertise and spreading fear. He included newspaper clippings from a Las Vegas strike, and ...

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Distracted Driving Increases Workers' Compensation Risks

In a recent video interview, Jon Gelman, spoke about the serious workers' compensation and liability risks that employers face flowing from distracted driving.

For the complete interview click here.

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Compensating Sick Workers at Home with H1N1 Flu

While the United States has established a national protocol to meet the medical challenges H1N1 flu pandemic, there remains a void on how to pay workers who are ill and have been encouraged by the government to stay home.  The litigious workers' compensation adversarial system may provide benefits ultimately for those who can demonstrate that their illness "arose out of and occurred in the course of the employment," after months, if not years, of delay. 


Some states have temporary disability programs, fraught with bureaucratic delay and red tape, while the issues of denial in the workers' compensation claims become identified. If held to be compensable, reimbursement is then sought by the temperate disability plan, public or private, 


The issues of a lack of an efficient wage replacement system for those workers affected by the H1N1 flu will be addressed by Congress shortly. The chorus of advocacy is increasing as this debate advances. The following is a recent post from the occupational-environmental mailing list setting forth a pretty persuading argument to establish a plan to pay sick workers with H1N1 flu.

Sick At Work

When the first cases of the H1N1 virus (swine flu) were confirmed in America back in April, the Centers for Disease Control and Prevention advised that sick individuals stay home from work or school. "Influenza is thought to spread mainly person-to-person through coughing or sneezing of infected people," the CDC said."If you get sick, CDC recommends that you stay home from work or school and limit contact with others to keep from infecting them." However, for many Americans, staying home from work due to illness -- or to care for a sick child -- is an impossibility because of a lack of job-protected paid sick days. In response to the threat posed by H1N1, Rep. George Miller (D-CA) has proposed legislation that would "guarantee five paid sick days to employees at businesses with 15 or more workers who are directed to stay home by management." However, Miller's plan sunsets in two years and gives employers, not employees, the right to decide when leave is taken. Plus, under Miller's plan, employees cannot use leave time to care for a sick child. The Healthy Families Act (HFA), which is also before Congress, would guarantee seven paid sick days per year to all workers at firms with 15 or more employees. "Paid sick days has always been a good, common sense idea, but, in light of the recent H1N1 epidemic, it has also become a necessary one," said Rep. Rosa DeLauro (D-CT), an HFA sponsor. "Right when more and more workers are feeling economically vulnerable and afraid to even miss one workday, we face an extraordinarily serious health risk that spreads much more quickly if the sick do not stay at home." Last week, the Obama administration officially agreed, and endorsed the HFA.

LOW-INCOME WORKERS HIT THE HARDEST: The U.S. is currently the only developed nation that does not require some paid sick leave for workers. Nearly 40 percent of private sector workers have no paid sick leave, including 78 percent of hotel workers and 85 percent of food service workers. A survey last year by the National Opinion Research Center at the University of Chicago found that "68 percent of those not eligible for paid sick days said they had gone to work with a contagious illness like the flu." As CAP Senior Fellow Ann O'Leary and Karen Kornbluh, U.S. Representative to the Organisation for Economic Co-operation and Development, pointed out in The Shriver Report: A Women's Nation Changes Everything, "too often, most low- and many moderate-wage workers cannot access even the minimum benefits provided to more highly paid workers." And this is true of paid sick leave, as 88 percent of workers in the top 10 percent of wage earners have it, compared to just 22 percent of workers in the bottom 10. "Hopefully, employers are doing the right thing and not disciplining workers who are out sick as a result of the flu," wrote Center for American Progress Senior Economist Heather Boushey. "But there's no penalty for employers who choose not to pay workers in this situation, or who refuse workers any time off at all."

A BETTER BUSINESS MODEL: Big business organizations have panned the notion of required sick leave, with the Chamber of Commerce saying that "the problem is not nearly as great as some people say," and the National Association of Manufacturers warning that the HFA "would impose an inflexible government mandate on employers, making it more difficult for manufacturers to preserve and create jobs." However, lost productivity due to sick workers attending work and infecting others costs the U.S. economy $180 billion annually. For employers, the cost averages $255 per employee per year and "exceeds the cost of absenteeismand medical and disability benefits." The National Partnership for Women and Families actually found that "while a paid sick days policy would impose modest costs, the estimated business savings total $11.69 per week per worker from lower turnover, improved productivity and reduced spread of illness." The Center for Economic and Policy Research has also concluded that "there is no significant relationship between national unemployment rates and legally-mandated access to paid sick days." "When businesses take care of their workers, they are better able to retain them, and when workers have the security of paid time off, their commitment, productivity and morale increases, and employers reap the benefits of lower turnover and training costs," said National Partnership President Debra Ness.

LOCAL EFFORTS: Two major cities -- San Francisco and Washington, D.C. -- have implemented mandatory paid sick leave policies, while a third -- Milwaukee -- has passed the requirement, only to see it tied up in court. In addition, 15 states have proposed mandatory sick leave laws. "We are all being advised by our doctors to stay home if we're sick, but that is a cruel piece of advice if you don't have paid sick time," Maine Senate President Elizabeth Mitchell said. New York City is also looking at mandatory leave, which Mayor Michael Bloomberg has expressed support for, at least for the city's large employers. New York's proposed requirement would also allow workers to stay home in the event their child's school was closed for public health reasons. "Many working parents suffered this past spring because their children's schools were closed even though their children were not sick," said Donna Dolan, chairwoman of the New York State Paid Family Leave Coalition.

To read more about flu and workers' compensation click here.