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Risk Management for Work-From-Home Employees

We all know that workplace safety is important – but not much thought is given to those who have moved to teleworking during the COVID-19 pandemic. Many companies have found that moving to teleworking worked so well for them, that they have not insisted on people returning to the office full time. 
You can’t realistically go to every employee’s home and inspect their home office set up, but you can provide some helpful guidelines that should reduce the likelihood of work-related injuries at home. 

 

•    Seated desks should be about 29” high. For standing desks, use elbows as a guide for desk height, as it varies from person to person. 

•    The top of your monitor should be at eye level, and about 20-25” from your face. 

•    Try positioning yourself in an area of neutral natural light. A window behind the worker will create a glare on the screen, and a window behind their monitors can make the screen equally difficult to read – and both can lead to eye strain and headaches. 

•    Chances are they don’t have a proper (ergonomically correct) desk chair at home, so they should be able to rest their back against the chair back and their feet on the floor. The employer can choose to provide ergonomic supports for any shortcomings, but the employee can usually do this at home with a phone book under the feet or a rolled towel for added lumbar support.

•    No electrical cords should be running across a walking space, to avoid trip hazards. 

•    Speaking of electrical cords, don’t "Griswold" a home office by using more than one extension cord or surge protector for one area.

•    Have a plan for reporting WFH injuries, and provide injured workers with treatment options that are close to their home. The occ-health centers close to your business may not be convenient for employees in other cities. 

•    Consider having employees sign off on a “work from home” agreement outlining expectations.

Even with all of those checkpoints in place, you could still have an employee file a workers’ comp claim for an injury sustained while working from home. So what happens then? The same standards apply at home as when at a company worksite, which are – did the injury occur in the course of, and arising out of employment?
Examples include a slip and fall from tripping over a computer cord, or carpal tunnel from prolonged and repetitive typing.  The claimant would still have to prove that the injury occurred from an activity exclusively related to their job, and also that it occurred during work hours.


The other big question is, “Did the injury occur when the employee was doing a task to benefit the employer?” If there was no benefit to the employer when the injury occurred, an employer may want to contest that claim. If the employee slips and falls while going to answer the doorbell, where would the benefit to the employer lie?
A lot of gray areas can arise from these types of claims, but the same questions are asked and still need to be met by a claimant filing a workers’ comp claim. If you have questions about compensability of an at-home injury, please reach out your claims examiner at Spooner Inc. If you're not a Spooner client and would like to learn more about how our claims management team handles these gray areas to Brian Davis at 440-596-1978.
 

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We Won Again: An Update on Withheld Group Retro Refunds

Posted By Brandy King
January 07, 2025 Category: Ohio BWC, Group Retro, 20018 Group Retro, 2019 Group Retro, Group Retro Refunds Withheld

The team at Spooner Risk Control Services, Kent Elastomer Products, Inc. and Roetzel & Andress have scored another win in the fight to get businesses the Group Retro refunds they’ve earned. Background: At the end of 2020, we shared Ohio BWC’s decision to withhold Group Retro refunds owed to participating employers for the 2018 and 2019 policy years. This was based on the concept that employers were already returned 100% of premiums for those years via dividends released to Ohio employers in April and October of 2020. However, dividend distribution and Group Retro refunds are governed by different rules, and different portions of the Ohio Revised Code. We appealed this decision in August 2020, kicking off a legal battle with Ohio BWC that will continue into 2025. After the victory for Group Retro participants in February 2023, BWC appealed the magistrate’s ruling, stating five objections. A hearing was held on November 19, 2024 by the 10th District Court of Appeals, and four of the five objections were overruled. For the reasons detailed here, the court again ruled in favor of Ohio businesses granted a limited writ of mandamus (meaning BWC is obligated to pay out Group Retro refunds).   Hellbent on not paying these earned program refunds to employers, BWC chose to file yet another appeal on December 30, 2024 arguing their reasoning for withholding the refunds. From here, the matter will be referred to the Supreme Court of

Update on Non-Compete Ban for 2025

Posted By Brandy King
December 16, 2024 Category: Non Compete, Employment Law, Non Solicitation Agreement, Ohio

FTC’s Non-Compete Ban Blocked, But Gray Area Remains In early 2023, the Federal Trade Commission (FTC) introduced and finalized a rule banning the use of non-competes. Employers, Chambers of Commerce and trade organizations rallied against the new rule claiming it was anti-employer, some going as far as calling it “blatantly awful.” As expected, the change was met with litigation and in August of 2024, the ban was  struck down by a federal judge in Texas who claimed the FTC overstepped its authority by issuing the rule. A non-compete (or non-competition agreement) is an agreement in which the employee agrees not to engage in conduct or activities that could increase competition for their employer. These types of arrangements are prevalent in finance, healthcare, design, tech and all types of sales or business development roles. They’re meant to protect things like trade secrets, privileged info and client retention. Non-competes aren’t the same as non-solicitation clauses. These agreements err more toward not calling on your former clients in your new role. Here’s an example of differentiating between the two. Non-Compete: “Upon leaving ABC Company, you may not engage in a similar role for another insurance company within a 50-mile radius.” Non-Solicitation: “Upon leaving ABC Company, you may not solicit (contact/call on) clients of ABC Company in your new role with another insurance company.” For now, bo

Benefits Recap: Reminders for 2024 & Changes for 2025

Posted By Brandy King
December 16, 2024 Category: Contribution Limits, Employee Benefits, Retirement Plans, HSA, FSA, ACA

ACA Updates & Reminders It’s almost time for ACA reporting! There aren’t any major changes this year, but here are some items to be aware of for the 2024 tax year. The employee distribution deadline for the 1095-C forms is March 3, 2025. Since the 2023 tax year, the IRS requires all employers with more than ten (10) forms to report electronically. Employers can complete this either directly through the IRS website or through a third-party provider. Corrected forms are also required to be submitted electronically. If you’re submitting 10 or fewer forms, you can still file on paper. The deadline for this is February 28, 2025. The deadline for e-filing 1095-C and 1094-C forms to the IRS is March 31, 2025. Keep in mind that there could be additional ACA state reporting requirements for your organization with differing deadlines. The states to pay special attention to are California, New Jersey, Massachusetts, Rhode Island, and the District of Columbia. Updated penalties and affordability percentages. The ACA penalizes Applicable Large Employers (ALEs) that don’t offer what’s considered affordable coverage to full-time employees (FTEs). The affordability percentage is the maximum amount of an employee’s pay that “Employee Only” coverage can cost the employee in order to be considered affordable by ACA. For 2024, that percentage is 8.39%. The affordability percentage will jump to 9.02% for 2025, and the associated fines will

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