Workers Compensation law is far from static. Each year, a number of changes are instituted across the country – and this year is certainly no exception. From coast to coast, changes to Workers Comp law have constituents cheering – or jeering – depending on where they live and how they stand to gain or lose as a result of the new legislation.

• In Connecticut, a woman who lost her fiancé in last year’s workplace shooting spree at Hartsford Distributors in Manchester is now considered a member of his family in a precedent-setting ruling in a Workers Compensation case. In what has been branded a decision that could shape legal notions of what constitutes a family, Middletown Workers Compensation Commissioner Daniel Dilzer ruled that Stephanie Laurin is entitled to fiancé William Ackerman Jr.’s Workers Compensation benefits even though they had not yet married. Legal experts say the decision reflects changes in social views about what constitutes a family, as well as the healing purpose of the Workers Comp statute.
• Florida Workers Compensation rates are expected to increase as of January 1st, 2012, once a filing by the National Council on Compensation Insurance (NCCI) receives approval from the Office of Insurance Regulation (OIR). Citing increases in claim frequency during 2009 and 2010, NCCI requested an 8.9 percent rate hike. Even with the increase, Florida would still have the lowest Workers Compensation rate in the Southeast and rank among the 20 states with the lowest rates nationwide, NCCI claims.
• Also in Florida, the Jacksonville Jaguars and the Orlando Magic led the charge to change the state’s Workers Comp law to prevent workers who are injured while temporarily working in another state from pursuing a claim in that state. The reason for the teams’ involvement is simple: Although the Jacksonville Jaguars have only played five games in California stadiums since their inception in 1995, 95 percent of their injured players have filed for benefits in that state, which boasts the most liberal Workers Comp benefits. Florida employers will benefit from the legislation in that Workers Comp claims by employees injured in the course of employment in another state (for short term travel of under 10 days duration or less than 25 days total over the course of a year) will be handled as if the injury occurred in Florida.
• A Missouri appeals court ruled that a law mandating the reduction of a Workers Compensation award by 25 to 50 percent when the injured employee fails to follow an employer’s safety instructions is constitutional. Critics charge that the court could inadvertently be encouraging employers to look for fault on the part of workers. The law also allows for a 15 percent increase in benefits when the injury is caused by an employer’s failure to comply with a state statute or order from Missouri’s Labor and Industrial Relations Commission.

For assistance sorting out changes to Workers Compensation law that may affect you, contact The Foley Insurance Group. We have the knowledge and experience to help you make the right decisions to protect your business.