Tag Archive | workers compensation
October 16, 2025  

Understanding Workers’ Compensation for Employees Traveling Out of State

You might assume your workers’ compensation policy only applies within your home state. But what happens if an employee gets hurt on a quick business trip? For example, they are attending a conference in Arizona or visiting a client in Nevada.

The good news: in most cases, your policy has you covered.

The Rule of Thumb

If your employee’s employment is principally localized in your home state — meaning that’s where they normally work or report from — your workers’ compensation policy typically extends protection even when they’re temporarily working or traveling elsewhere.

So if a California-based employee slips and falls while on a short business trip in Texas, your California workers’ compensation insurance policy would usually respond.

How Your Policy Handles This

Workers’ compensation policies have a section called:
Item 3.A – Covered States
This lists the states where your policy automatically provides benefits.

Then there’s Item 3.C – Other States Insurance, which acts as a safety net. It covers short-term or incidental work in states not listed in 3.A.
If your policy includes language like “All states except monopolistic states,” that means your employees are protected when they travel for temporary business outside your primary state.

When to Add Another State

That “Other States” safety net only goes so far.
If your business expands into another state — hiring local employees or setting up a remote team — you’ll want to add that state under Item 3.A to make sure you comply with local laws and avoid coverage gaps.

Also note: four states (North Dakota, Ohio, Washington, and Wyoming) are monopolistic, meaning they require a separate, state-issued workers’ comp policy.

Why It Matters

Even a quick, two-day business trip can lead to a claim — and if your policy isn’t set up correctly, you could be exposed to penalties or denied benefits.

By keeping your “Other States” coverage up to date, you’re protecting both your employees and your business from unnecessary headaches if someone gets hurt while on the road.

Final Thought

Workers’ compensation isn’t just about compliance — it’s about taking care of your people, no matter where work takes them.

If your employees travel, work remotely, or occasionally cross state lines, it’s worth a quick review to make sure your policy is structured the right way.

I help clients review these details all the time to make sure they’re fully protected in all states where they operate — even temporarily.

If you’d like a review of your current setup, feel free to reach out.

-JK

August 21, 2025  

California Workers’ Compensation: First Rate Increase in a Decade

For the first time in 10 years, California’s workers’ compensation rates are increasing.

The state has approved an 8.7% rate increase, driven by sharply rising claim costs and industry-wide financial strain.

The Workers’ Compensation Insurance Rating Bureau (WCIRB) projects the 2024 Accident Year Combined Ratio at 127%. This is the highest ratio since 2001.

Put simply, carriers are paying out $1.27 for every $1.00 of premium collected, which is unsustainable without pricing adjustments.

Why Are Costs Rising?

There are three major culprits behind the jump in workers’ compensation costs:

  1. Cumulative Trauma (CT) Claims
    CT claims are injuries that occur over time rather than from a single incident. They are rising rapidly. These claims are more complex, harder to close, and often stay open for years, adding significant cost to the system.
  2. Rising Medical Costs
    After years of stability, medical costs turned sharply upward in the past year. Factors include higher provider charges, more advanced (and expensive) treatments, and longer recovery times.
  3. Increased Litigation
    Loss adjustment expenses are climbing as litigation becomes more common. Disputes over claims often extend case duration’s and increase settlement values.

Together, these trends are straining the workers’ comp system. Unfortunately, employers will start to feel the impact as a result. It shows in the form of higher premiums.

What This Means for Employers

If you’re a California employer, expect workers’ comp pricing to firm in the coming policy renewal cycles. While legislation may eventually need to address systemic cost drivers, the immediate impact is higher insurance costs.

Now [and always] is the time to:

  • Focus on claims prevention: Invest in workplace safety programs and early intervention for injuries.
  • Review your claims history: Cumulative trauma claims often arise when small issues aren’t addressed quickly.
  • Work with an experienced broker: Having the right advocate can help you navigate pricing changes. They can also help you in exploring coverage options. Additionally, they implement risk management strategies to control costs.

My Take

While rate increases are never welcome news, disciplined carriers and proactive employers can still manage costs effectively. As your broker, our role is to help you stay ahead of these changes. We control risks and make sure you’re partnered with carriers who remain stable, consistent, and service-oriented. This is crucial in a hardening market.

-JK

January 23, 2025  

OSHA Form 300A Posting Begins February 1

Employers that had 11 or more employees in the company at any point in 2024 must post the Occupational Safety and Health Administration (OSHA) Form 300A.

This form is a Summary of Work-Related Injury and Illnesses. The posting period is from February 1 through April 30.

This requirement applies even if the company didn’t have any recordable incidents in 2024. A company executive must certify OSHA Form 300A. The form should be posted in each establishment. It must be in a conspicuous location where notices to employees are customarily posted.

Certain establishments are partially exempt from OSHA’s routine recordkeeping requirements. This includes establishments with 10 or fewer employees. It also includes those whose primary business activity is classified as low hazard according to OSHA’s guidelines.

A full list of exempt low-hazard industries, ordered by North American Industry Classification System (NAICS) codes, can be found here.

The exemption is “partial” because all employers must notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye.

Need help with this stuff? Give me a call or shoot me a message and we can talk.

-JK

November 18, 2024  

Important Changes to Workers’ Compensation Posting Notice in California

On July 15, California State Governor Newsom signed AB1870. This bill amends Labor Code 3550. It adds language to the workers’ compensation posting notice, DWC-7, that informs employees of their right to consult an attorney. This update takes effect 1/1/2025 and applies to any workers’ compensation policy, regardless of renewal term.

California has published the revised DWC7 which can be found HERE.

If you are are a California Workers Compensation insurance policyholder, I recommend that you:

  • Continue to report injury claims promptly
  • Educate managers, supervisors, and employees about their rights and the proper steps to take if an injury occurs
  • Supply the latest version of the DWC7 posting notice
  • Post the updated notice in a conspicuous place, where all employees have access to it (failing to post is considered a misdemeanor and can result in fines)
  • Talk with your Workers Compensation insurance provider about Back to Work options at your business

If you have questions, contact me.

-JK

November 11, 2024  

OSHA’s Top Ten Safety Violations for 2024

As OSHA unveils the 2024 list of its 10 most frequently cited safety violations, there are no surprises at the top once again. For the 14th consecutive year, Fall Protection came in at number one with 6,307 violations. It is far and away the most commonly cited standard following inspections of worksites for all industries. Hazard Communication was next at 2,888, followed by Ladders and Respiratory Protection.

OSHA’s 2024 Top 10 Safety Violations:

1- Fall Protection – General Requirements (1926.501) – 6,307 violations
2- Hazard Communication (1910.1200) – 2,888 violations
3- Ladders (1926.1053) – 2,573 violations
4- Respiratory Protection (1910.134) – 2,859 violations
5- Lockout/Tagout (1910.147) – 2,443 violations
6- Powered Industrial Trucks (1910.178) – 2,248 violations
7- Fall Protection – Training Requirements (1926.503) – 2,050 violations
8- Scaffolding (1926.451) – 1,873 violations
9- Personal Protective and Lifesaving Equipment – Eye and Face Protection (1926.102) – 1,814 violations
10- Machine Guarding (1910.212) – 1,541 violations

Do you need safe workplace resources like safety consultations, risk assessments, safety training webinars, or instructional videos? Contact me today. I have relationships with Risk Management consultants on how to be OSHA compliant.

-JK

August 28, 2024  

First Year Workers Account for 40% of Workers Compensation Claims

Workers who have been employed for less than a year are responsible for almost 40 percent of all workers’ compensation claims – according to the Workers’ Compensation Insurance Rating Bureau of California (WCIRB). This is staggering if you ask me. 40%?!!

There are many reasons that can lead to this statistic. Employee inexperience, unfamiliarity with workplace hazards and insufficient training to name a few.

The good news is, there was ways to help you ensure the safety of your new employees, preparing them properly for the workplace, preventing incidents and lowering claims.

Here are 7 proactive steps you can take to ensure the safety of your new employees. Actually, for ALL employees, but the emphasis here is the new employees who statistically show to be at higher risk:

1 – Comprehensive Onboarding and Training

Implement thorough onboarding programs that include detailed safety training. Make sure new employees are well-versed in workplace hazards, proper equipment use, and emergency procedures.

2 – Mentorship Programs

Create a supportive environment by pairing new employees with experienced mentors. These mentors can guide them through the job’s safety aspects and offer ongoing support, making them feel less isolated and more confident in their roles.

3 – Safety Culture Promotion

Foster a strong safety culture where employees feel comfortable reporting hazards and unsafe conditions without fear of retaliation

4 – Regular Safety Audits

Conduct regular safety audits and risk assessments to find and address potential hazards that affect new workers.

5 – Ergonomic Assessments

Make sure workstations and tasks are ergonomically designed to reduce strain and prevent injuries, particularly in industries like construction and restaurants where physical strain is common.

6 – Clear Communication

Keep open lines of communication about safety expectations and procedures. Encourage employees to ask questions and seek clarification on safety matters.

7- Adjust Workloads

Gradually increase the complexity and intensity of tasks assigned to new employees to allow them to build experience and confidence without overwhelming them

Proactively implementing these strategies significantly contributes to a safer work environment, reducing injuries among first-year employees and showing your commitment to their well-being.

But I want to emphasize, make sure you’re focusing on the safety and wellbeing of ALL employees. This creates a safe, positive work environment that can save a ton on operational costs by keeping your Experience Modification Rating DOWN.

I’m here to help!
if you have any questions or concerns, please contact me at jkinmartin@olsonduncan.com

Thanks for reading

-JK

November 30, 2022  

It Takes Twice as Long to Close California Workers’ Comp Claims Compared to Other States

File this under the “I’m not surprised” file, it takes seven years to close most workers’ compensation claims in California, more than double the time in the median state.

The Workers’ Compensation Insurance Rating Bureau of California (WCIRB) released a report detailing duration drivers for California workers’ compensation claims.

The report, Drivers of California Claim Duration, describes duration drivers for California workers’ comp claims, including how claim duration differs regionally across the state.

Here’s the report:

wcirb-claimdurationstudy-2022-1Download

Highlights of the report include:

  • It takes seven years to close 90% of claims in California compared to three years for the median state.
  • Longer California claim duration is driven by four “duration drivers,” including a higher share of permanent partial disability and cumulative trauma claims in California, greater utilization of medical-legal services in California and regional differences within the state.
  • Claim closing rates rose steadily following the reforms of Senate Bill 863, particularly for PPD claims of lower-wage workers.
  • Claim closing rates declined during the pandemic in 2020 and were relatively flat in 2021.

California, why do you have to make everything so complicated? [banging head on desk]

Source: Insurance Journal

-JK

May 10, 2021  

OSHA’s Updated COVID-19 Guidelines: What Businesses Should Do Now to Avoid Penalties and Legal Pitfalls

As businesses wait to see whether OSHA will issue emergency temporary standards and OSHA State Plans renew and consider their own standards, find out what your business can do now to get ready.

Hear from an OSHA 30 Certified legal specialist on the highlights of OSHA’s January 29, 2021 Guidance on Mitigating and Preventing of COVID-19 in the Workplace, how both management and employees play a role in developing and implementing the revised safety requirements, and how to minimize related legal risks.

In this pre-recorded webinar, AmTrust’s Kelley Barnett, VP Corporate Counsel – Labor and Employment and OSHA 30 Certified and Jeff Corder, VP of Loss Control shared:

  • Why should businesses care about the updates, and what are the consequences of NOT caring?
  • What do businesses need to know to implement OSHA’s guidelines?
  • What changes should businesses implement to avoid compliance landmines and legal pitfalls and get ready for increased OSHA enforcement?
Listen On Demand
January 18, 2018  

OSHA 300A Summary Posting Reminder

It’s that time of year when employers are required to tally the number of entries on their “Log of Work-related Injuries and Illnesses” (OSHA Form 300), and post the “Summary of Work-related Injuries and Illnesses” (OSHA Form 300A) in a prominent location.

The OSHA Summary Form 300A is required to be posted in the workplace beginning Feb. 1, 2018, and must remain posted for the entire three months of February, March, and April. It should be in an easily visible location so that employees are aware of the injuries and illnesses occurring in their workplace.

Employers that had 11 or more employees the previous year — except those in certain low-hazard establishments in the retail, professional services, finance and real estate sectors — are required to maintain records of all work-related injuries and illnesses, and post the summary of their records for the 2017 calendar year.

Many employers under Federal OSHA are required to electronically submit the summary of injuries and illnesses to OSHA. To ensure your entire management team is aware of these changes, I suggest making OSHA’s Recordkeeping Rule one of your first training sessions of the new year.

November 7, 2017  

Workers’ Compensation Fraud Billboard in San Diego

During a quick day trip down to San Diego last weekend, I caught this billboard from the San Diego County District Attorney which kind of took me by surprise. Picturing a handcuffed jail inmate it reads “Commit Workers’ Comp Fraud, Get A New Outfit.” In addition, “don’t do it, don’t tolerate it, report it” with a phone number to call right there. As a commercial insurance professional who sees’s businesses affected by this often, it was kind of refreshing to see actually. Here’s the sign:

Work Comp Fraud

Taken straight from the California Department of Insurance:

In California, workers’ compensation insurance is a no-fault system. Injured employees need not prove an injury was someone else’s fault in order to receive workers’ compensation benefits for an on-the-job injury. In addition to medical expenses being covered for injured employees, some injured workers are entitled to recover a portion of lost wages resulting from an injury. Fraudulent workers’ compensation claims can be an enticing target for criminals.

Workers’ compensation insurance fraud occurs in simple and complex schemes that often require difficult and lengthy investigations. Employees may exaggerate or even fabricate injuries. At the other end of the spectrum, white-collar criminals, including doctors and lawyers, entice, pay, and conspire with others to defraud the system by creating false or exaggerated claims, overtreating, and over prescribing harmful and addictive drugs. Insurance companies “pick up the tab,” passing the cost onto policyholders, taxpayers, and the general public.

The Workers’ Compensation Fraud Program was established in 1991. The legislature made workers’ compensation fraud a felony, required insurers to report suspected fraud, and established a mechanism for funding enforcement and prosecution activities. The legislation established the Fraud Assessment Commission to determine the level of assessments to fund investigation and prosecution of workers’ compensation insurance fraud.

Funding for the program comes from California employers who are legally required to be insured or self-insured. The total aggregate assessment for the fiscal year 2015-16 was $58,862,000.

During the fiscal year 2015-16, the Fraud Division identified and reported 5,380 suspected fraud cases; (SFCs) assigned 502 new cases, made 249 arrests and referred 167 cases to prosecuting authorities. Potential loss amounted to $193,354,616.

Workers’ Compensation Fraud Convictions

-JK

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