Back Injury and Low Back Pain - Heavy Burden For the Construction Industry

Low back pain is the most common job related disability. Construction has the highest rate of back injuries in all types of industry, except for transportation. The rate of back injuries in construction, 25%, is notably higher than the average rate for all other industries. The costs of missed days of work and back injury claims are higher than any other type of industry. In 2004, construction had the most lost time due to back injuries with 51.2 injuries per 10,000 full-time workers.The Bureau of Labor Statistics reported that in 2005, a total of 4.2 million injuries and illnesses were reported in private industry and approximately 2.2 million of these resulted in days off work or restricted duties. Each year, a back injury causes 1 out of 100 construction workers to miss work. The amount of work missed averages 7 days but it can extend as long as 30 days. These injuries are a huge economic burden to the construction industry due to lost productivity and absenteeism, medical costs and benefits. The Bureau of Labor Statistics points out that middle-aged workers who have severe low back pain and carry out physically demanding work, as in construction, are much more likely to leave the industry due to disability than are other workers. The Bureau speculates that the number of back injuries is actually even higher due to under reporting,Most of the back injuries to construction workers affect the low back. Within the construction field, masonry workers have the highest rate of back injuries, approximately 1.6 times higher than the average rate for all of the construction trades. Back problems are the most common among these workers as they do heavy lifting and carrying.Factors Associated with Back Injury
Stressful living and work activities
Poor body mechanics when lifting, pushing, pulling, or carrying things
Repetitive lifting of awkward items, equipment, boxes, etc.
Twisting while lifting
Bending while lifting
Reaching while lifting
Lifting an object that is too heavy or unwieldy for one person to handle safely
Fatigue
Poor footing such as on a slippery floor or uneven ground
Lifting with a forceful movement
Maintaining bent or stooped posture for prolonged periods, fatiguing muscles
Staying in one position for too long with no stretch breaks, allowing muscles to become stiff
Poor layout of work area
Poor posture when sitting
Poor physical condition - losing the strength and endurance to perform physical tasks without strain
Vibration from a motor such as in a lift truck, a delivery truck, or from using a jackhammer for long periods resulting in increased muscle tension
Determining the cause of low back injuries in construction can be difficult because of the variety of work that is involved and the different methods that can be used to accomplish a job. The materials handled, body positions that are necessary, and the work conditions are different for each of the trades. Identifying the types of general construction tasks is the first step in designing safer ways to get the job done. When improved methods are used, there is a greater chance of reducing worker injury.A project funded by the National Institute of Occupational Safety and Health. (NIOSHA) evaluated the construction industry to identify areas of risk so more appropriate interventions could be developed. It identified:High Risk Construction TasksFraming
Working at ground level and having to reach up when using a saw, nail gun, etc.
Lifting building materials from ground level
Manually lifting trusses to top of a second story
Lifting and carrying plywood flooring
Lifting assembled walls
Moving materials to a second story
Drywall
Lifting sheets of drywall from ground level
Completing prep work such as sanding or cutting at or near ground level
Installation of dry wall sheets near ground level
Overhead installation of drywall on ceilings or high walls
Masonry
Distributing blocks or bricks throughout worksite from delivered piles with a wheelbarrow
Redistributing blocks or bricks from temporary files using a bucket or by hand
Erecting scaffolding
Lifting and positioning metal framework
Lifting and placing flooring of scaffold
Lifting bricks or blocks up to people on a scaffold by hand or using a bucket
Laying a brick or block foundation
Laying brick near or below ground level
Lifting bags to mixer
Shoveling
With the huge volume of low back injuries in construction, employers suffer as well as the workers. According to Liberty Mutual, the largest workers' compensation insurance provider in the US, back injuries and overexertion injuries from lifting, pushing, pulling, carrying or holding an object cost employers $13.4 billion every year!

The Choices for Contractors Insurance for Large Business and Small Business

Determining what you want to do for your contractors insurance can be a time consuming endeavor. In starting the research process you need to determine what type of coverage you need for your business. General contractors and Independent contractors typically need general liability and workers compensation.Liability coverage protects against the event that a company is sued. This coverage provides for payment in the event that either; an indemnity, a need for a settlement exists or a breach of contract. Determine what your organization needs prior to selecting a company to provide you with this service.In the event that your organization is held liable for a wrong done to someone, there exists an indemnity option in your liability coverage. To prevent a claim from going to court, providers can offer you coverage to prevent against this. This coverage option, called settlement of reasonable claims, pays the claimant money for the harm done to prevent the case from entering the court system.Workers compensation policies protect the employees of a particular company. In the event that an employee is injured during the daily duties of their job, they are then given money in order to pay for medical treatment. This money is used as a salary replacement for the employee in the event he or she cannot work due to an injury. The types of coverage available can depend upon the location, either state or country, in which the injury occurs.Some states and countries require that employers provide general liability and workers compensation coverage for their employees. In the event that this coverage does not exist, the local jurisdiction can choose to file a suit against an employer for not offering this coverage. Information regarding this type of suit will depend upon the state or country in which the organization does business.If you live in a part of the world that offers a savings plan of sorts, you will become familiar with the terms admitted or non-admitted carriers. An admitted carrier offers a savings plan option to the insured. Money is set aside by the insurer for each company for which they cover. A non-admitted carrier does not offer this option. Depending on your preference, you can select from one of these two types of carriers. Neither type of carrier is better than the other, the both provide the coverage and pay outs that you need.The cost for each type of policy will depend upon the coverage needed. Each carrier bases their prices on the basic aspects of each policy. If you need more extensive contract liability coverage, you may end up having a higher monthly premium. If your coverage need is not as extensive, your monthly premium will be lower.General Contractors and independent contractors that need contractors insurance have a variety of providers to choose from. Within each provider, the employer can determine the policy that fits their organizations needs. Typically, it is required by law, depending on where you live, to provide General liability and Workers Compensation coverage for your employees. When determining which organization to obtain your coverage from, review what they offer and what you need.

The Intended Consequences of Incentives and Compensation

The public is mad as hell at AIG (and other recipients of Federal bailouts) who have handed out lucrative retention bonuses. One might wonder, are incentives appropriate in such difficult times?It is not incentives that are on trial; it is distribution of bonuses when a company is performing poorly that is so infuriating. At a time where companies are facing a harsh business climate, industry leaders such as GE and WalMart are keeping score on their vendor's performance on price, quality, cycle time, etc. Those vendors have become more vigilant about scoring their suppliers and employees to insure that specific deliverables are met. In this economic mayhem, there is momentum towards more rigorous accountability and transparency.Thus incentive laced compensation systems (often known as pay for performance) are all the rage, as they reward the best performing employees for doing good work. In AIG's case, the design of their system was terribly flawed because it triggered massive payouts, even at a time when the company was crumbling.Every year, Bain and Company does a study of all the management initiatives (those fancy ideas consultants throw at you such as Six Sigma, customer satisfaction, time motion studies, etc.) and they found that pay for performance is the one proven to yield the greatest financial return. At a time when companies must do more with less, frameworks such as The Balanced Scorecard (also ranked high in the Bain study) help organizations to develop metrics that allow them to manage their strategic priorities and track individual contributions.The difference between the metrics used in a scorecard and those more typically found in financial statements are that they are more apt to include predictive indicators that are communicated to employees in public view. Using such numbers can provide a foundation on which individual performance measurements can be established. Tying employee compensation to predicative indicators is a powerful method for ensuring that employee behavior is consistent with the mission and goals of the organization. In a well designed compensation plan, an employee's pay is balanced between company performance and individual contributions, and poor corporate results typically trigger very modest incentives; or none at all.One of the more important lessons learned for some in this downturn is that companies must be vigilant in calibrating labor costs with demand. For years, employers have faced the prospects of labor costs increasing faster than profits, a zero sum game that can eat away profitability. Escalating employment costs such as health care inflation directly hit the bottom line. Over the long term, a shift to a higher proportion of incentives and lower salaries (which represent a more rigid cost structure) is both advantageous to the employer, and potentially to the best employees.Incentive pay has been somewhat controversial in H.R. circles, as organizations have pondered if it is inherently fair to treat people the same, or to reward those who accomplish the most. Organizations which are slashing costs are conflicted with the prospect of cutting or freezing the pay of some workers, so that they can afford to keep the most productive employees. Clearly, sharing the burden of variability in profitability is better than eliminating jobs, or cutting base pay.Certainly, there is a movement in leadership philosophy towards softer, trendier management techniques that enable innovation and employee growth, but that shift has to occur within the context of profit. A framework that includes scorecards and pay for performance can be used as a carrot (in lieu of being a stick) in a way that enhances the employee experience. For example, posting a handful of strategically significant numbers, and celebrating accomplishments after hitting specific targets is a great way to boost morale and enable results.A couple of years ago, Best Buy offered their 5000 corporate employees the opportunity to take part in a "results oriented work environment" test. Participating workers were provided the opportunity to work virtually, with no fixed schedule and had the option to work from home. Employees were told that they would only be judged based on quantitative business results. After achieving a staggering double digit increase in productivity, Best Buy is testing the program at the store level. Within our firm, we employ a similar model with our staff. If members of our team have to take their kids to soccer practice or the dentist, we just don't care, as long as we provide the best possible service, every day.As a business culture, we need to move away from measuring activity (such as how many hours a person works) and towards measuring their output. Paying people based on their specific results is simply a natural extension of the needs of organizations to be more productive, more efficient and more profitable. When structured properly, incentives can be a win-win for both employer and employee.

Scissor Lift Table Covers

There are many reasons why a company would want to install and use scissor lift table covers. One of the most important justifications is to protect their operators from injury. Any operator exposed to machinery which has moving parts is in danger of getting their arms or feet pinched or worse yet, completely removed. Thus, there is no compelling reason why a company would not use a scissor lift table cover to form a barrier between their workers and the potential pinch points of a lift tables inner workings.Some other indirect and direct benefits are as follows
lower workers' compensation insurance costs;
reduces the company medical expenditures;
reduces the liability insurance a company will have to pay
provides a safe work environment which will increase moral
lower costs for job accommodations for injured workers;
less money spent for layers and litigation
Many companies have come to the realization that accident prevention programs, materials, and devices are far less expensive than the cost of the accidents. It is also important to realize that lift table skirts are a relatively small investment and are easy to order and install. Thus, any plant that takes the initiative to outfit their equipment with these lift table skirts will have little time and resources wasted yet they will achieve an enormous jump in overall worker safety.In addition to protecting your workers, you really will be protecting you equipment as well. Equipment downtime can become very expensive and cost a lot of money to lost production. Any lifter that is a part of a critical process in your plant should be covered to keep out debris which could interfere with or wear out machine components.

Knowing About Worker's Comp

Worker's comp, or worker's compensation is a payment made by an insurance company for a worker who was injured on the job and is losing time on the job as well as wages because of the injury. The employer pays insurance, much like a liability insurance, which covers the payments made to the employee in the event of being injured on the job.Before an employee can claim worker's comp, they must be seen by a doctor as soon as the injury is realized. The doctor is usually a doctor who handles all of the company's business. Many injuries on the job do not require enough time away from work to qualify the employee for worker's comp payments.In most cases, the doctor must provide written documentation that the employee was injured on the job and that injury requires the employee to remain off from work for a specific period of time. The minimum is 8 days. After the seventh day of being off work, generally the worker's compensation payments are started.Worker's comp is not a full time salary, it is a percentage of your wages earned over a period of time. For example, some insurance companies use the last six months of wages to obtain an average per pay period salary. From there, the percentage that you are to be paid is calculated.Because worker's comp is so expensive for employers, many will try to get the worker back to work before the payments will be started. They offer jobs that the employee would be able to do with the injury.

Workplace Drug Testing and Its Consequences

Modern society nowadays is getting more vulnerable to drug and alcohol as an alternative for stress buster. This has rapidly increased the consumption of illicit drugs and alcohol among the youth. As per the data revealed by Substance Abuse and Mental Health Services Administration (SAMHSA) of United States for the year 2007, 11,891 (21 to 25 yrs) and 19,977 (26 to 34 yrs) tested positive for consumption of illicit drugs such as marijuana, cocaine, hashish, etc. (SAMHSA, 2007) United Nations in its effort to combat drug use and abuse has initiated several measures which includes workplace drug testing.Erstwhile US President Mr. Ronald Reagan stressed on workplace drug testing so as to maintain employee productivity and drug free workplace. (Infantry.army.mil) Many governments across the world have initiated 'attack on drug use' instead of 'attack on drug supply' as the latter was not providing any better results. It has found that many organizations have implemented this measure to enhance the profitability of the workforce, cut down absenteeism, safety of the workers, reduce the costs on healthcare management and maintain drug free environment at the workplace. Most of the employers have the freedom to deny or reduce workers' compensation payments, if illicit substance use is found to be proximate cause of employer's injury.JustificationsLegitimate or important interests are required to justify the drug testing. The workplace drug testing is aimed at safety of the employee and others, organization efficiency, reputation risk, employee welfare, etc. Various organizations in various countries in order to reduce the demand for illicit drugs, protecting health and promoting safety of workers and co-workers, public safety and efficiency, economy and honesty of the workers towards organization, have taken such measures of employee drug testing. It can also be justified as the measure to minimize damages caused due to accidents at workplace and on roads. (Drug Testing and Privacy, 1990) However, if any employee makes a plea against workplace drug testing, it is more likely to be dismissed. Drug testing can be justified on the basis that it is been done for the safety of an individual, the public and society at largeWorkers' Civil RightsWorkplace drug testing is a sensitive issue as it arises due to collision between workers' and employers interests. (ILO, Geneva, 2003) There are several types of testing method, all of which are controversial, but random testing method has always been the centre of argument. Drug testing may raise ethical and legal issues like employees fired from their jobs. Testing would illegal if it is performed without the consent of individual as it is deemed to be violating the integrity and privacy of individual. (IIDTW Report, 2004) As per the Privacy Act, 1983, only those information should be collected which are required to operate the program directly from the individual by taking all necessary steps to guarantee its accuracy. The Civil Rights Act, 1964 of US Constitution provides that it has freedom of speech, equal protection of laws and protection from unlawful discrimination. (hhs.gov, 2008) Some organizations may use drug testing method on pre-employment basis. If the candidate is tested positive, he is denied the employment. This issue raises the question of unlawful discrimination as stated in Civil Rights, 1964. And most of the employers' and employee have entered into a contract underlining the fact that if tested positive for drug, he will be fired or remuneration will be stopped. Such contracts have handcuffed the employees' right to appeal in the court of law. Drug testing at workplace has caused many of the full time employees to get treated for illicit substance use. The DASIS Report, 2006 presents that 58 % fulltime alcoholics compared to 39% unemployed were admitted for illicit substance use treatment. (The Dasis Report, 2008) Some countries and their states have made legal provision so as to encourage drug free workplace by providing compensation to the employers' just affecting the work, income and benefits of the employee. (ncsl.org, 2009)Who should be tested?Any organization performing drug testing must sort out the individuals whom to be tested and what are the drugs to be looked for. This may vary from the individuals who are newly appointed or past employee, senior officers, unionized employees, male or female, or those employees who are suspected to be drug addicted. (Drug Testing and Privacy, p.9) Some may classify on the basis of past or present impairment or drug use. When an employer has reasonable cause to suspect an employee of drug use on job or at any time, and due to which he has incurred any impairment or may cause impairment at workplace. (Drug Testing and Privacy, p.9) It would be appropriate to conduct such tests an inclusive basis to avoid discrimination and this will also help in avoid hesitation from the employees.Most of the organizations in different countries have implemented this method to overcome drug use at workplace, ensure safety of their employees and enhance their economic conditions. This method has provided positive benefits across the world. State of Ohio has been benefited from this method resulting in drop of absenteeism, fewer problems with supervisors and 97% decrease in on-the-job injuries. (Globalchange.com) Such facts and figures have encouraged many more states and countries to take up drug testing at their workplace. It is important to take such stern actions to curb the drug intake, mainly by the youth by attacking its usage.

Coal Workers Pneumoconioses (CWP) - Anthracosis, Silicosis and Byssinosis

Anthracosis and silicosis are major industrial problems in developing but industrialized nations since a large number of workers are engaged in mining in many states of such countries. Prolonged exposure to cola dust causes anthracosis among miners. These particles give a black color to the lesions.Coal particles reaching the alveoli are ingested by the alveolar macrophages. The phagocytes are activated by the presence of substances like silica. Fibrosis develops at these regions. The affected lobules undergo centrilobular emphysema. On prolonged exposure, progressive massive fibrosis (PMF) develops and this is the characteristic lesion in complicated pneumoconiosis. In radiological diagnosis, the lesions of progressive massive fibrosis appear as sausage-shaped densities exceeding 1cm in diameter, in the upper and mid-zones of both lung fields. Further complications such as chronic bronchitis, bronchiectasis, ischemic necrosis, thrombosis of pulmonary veins, pulmonary hypertension, cor pulmonale, and lymphatic obstruction may supervene.Clinical featuresGradual onset of dyspnea and cough with purulent expectoration mark the onset of the disease. Expectoration is more copious when bronchiectasis is also present. Dyspnea worsens when progressive massive fibrosis supervenes. Cavitation of these lesions gives rise to expectoration of large amounts of black sputum. Large nodular lesions develop in the lungs in subjects with rheumatoid disease who develop pneumoconiosis. These lesions are 1-5cm diameter and detectable in radiological diagnosis (Caplan's syndrome).SilicosisProlonged exposure to dust-containing silica (silicon dioxide) gives rise to silicosis. Often this occurs in combination with anthracosis. The lesions produced by silica dust are similar to those produced by coal dust, but the lesions are larger. In addition, silicosis also gives rise to pleural thickening and adhesions. Sometimes silicosis produces acute respiratory manifestations with dyspnea and impairment of gas exchange in the alveoli.Clinical featuresIn the acute form the disease manifests with dyspnea, cyanosis and constitutional disturbances. In the chronic form the prominent manifestations are cough and hemoptysis. Physical signs may be those of bronchitis, emphysema, a pleural thickening. Silicosis predisposes the development of tuberculosis and the two diseases may coexist (silicotuberculosis). The functional impairment is a combination of restrictive and obstructive features. Immunological abnormalities such as the presence of rheumatoid factor may develop in 50% of cases.RadiologyDiffuse military or nodular lesions are found in simple silicosis. Development of progressive massive fibrosis leads to the presence of dense shadows in the upper zones and this is termed "complicated silicosis". Hilar lymph nodes may show peripheral calcification.AsbestosisInhalation of asbestos dust leads to asbestosis. Asbestos is a widely used material in day-to-day life and industry. It is a complex silicate containing silicon, oxygen, hydrogen and metals like calcium, magnesium, and iron. The raw material is obtained by mining. Different varieties of asbestos such as chrysotile, crocidolite, amosite and anthrophyllite are obtained from different regions.Asbestos particles are needle-shaped and on account of this shape, these preferentially settle in the lower lobes. They may reach the alveoli or may be arrested at the small air passages. They give rise to alveolar epithelial hyperplasia and interstitial fibrosis. Eventually fibrosis develops around the asbestos particles and this obliterates the alveoli. Asbestos bodies are seen on histology of the lesions. These consist of asbestos fibers coated by proteinaceous material and ferritin granules derived from macrophages. Asbestos bodies may be demonstrable in the sputum. Mere presence of asbestos bodies in sputum does not indicate that the person is suffering from asbestosis.Asbestosis predisposes to bronchogenic carcinoma (especially in smokers) and mesothelioma of the pleura and peritoneum. This condition also predisposes pulmonary tuberculosis. Malignancies of distant organs such as Kidneys and breasts are more common in subjects with asbestosis.Clinical featuresThe symptoms starts with increasing dyspnea on exertion, cough, malaise, and weight loss. As the condition proceeds, cyanosis and digital clubbing supervene. The functional defect is one of restriction of lung parenchyma and impairment of diffusion. The clinical picture differs from case to case, depending on the extent of the lesion and presence of other coexistent conditions such as emphysema, bronchiectasis, tuberculosis, malignancy or pleural disease. In Radiological examination, fine mottling and prominent streaky fibrosis are seen in the middle and lower zones. Pleural thickening, pleural effusion, and calcification may be evident in some cases.ByssinosisPulmonary disease caused by exposure to cotton dust, flax or hemp is termed byssinosis. In the early stages the symptoms are tightness of the chest and wheeze usually felt by the patient when he resumes work after the weekly holiday. Later on cough and dyspnea become more prominent and persistent. Some subjects develop chronic obstructive airway disease. Persons employed in the carding section suffer more than those employed in other areas.Cotton dust probably contains non-antigenic substances which stimulate histamine release from mast cells in the lung. Pure cotton such as surgical cotton does not provoke the symptoms. The occurrence of dyspena and cough at the beginning of the week is attributed to depletion of the mast cells of their histamine. Radiological findings are nonspecific. Treatment consists of withdrawal of susceptible persons from the environment and symptomatic measures. Numerous other disorders have also been recognized as resulting from occupational exposusre to different materials.ManagementOnce established, pneumoconiosis are treated symptomatically since specific therapy is lacking.PreventionWorkers who are employed in industry should be recruited only after proper medical examination. Persons with family history of allergic respiratory disorders and those who have features of obstructive airway disease are more likely to develop permanent ill effects. Periodic examination of the persons to facilitate early detection and removal from the harmful environment is required by legislation. Industrial establishments where the risk of penumoconioses is present have to follow specifications intended to reduce the concentration of dust in the environment and also for giving protection to the workers. Many of the penumoconioses attributable to occupational exposure are eligible for compensation from the employers.

Medicare Lien Enforcement - Making a List, Checking it Twice

Parties to personal injury claims of Medicare beneficiaries who continue ignoring their duties to the federal government could get a wake up call next year. Like Santa, Uncle Sam is making a list and checking it twice; going to find out who's naughty and nice.The Centers for Medicare and Medicaid Services (CMS) apparently believes that the parties to personal injury claims of government healthcare beneficiaries are neglecting to meet their duties under federal law. Such as the duty to report the claim. And the duty to reimburse Medicare for payments it made for medical treatment arising out of the injury underlying the claim.Around Christmas 2007 Congress passed and President Bush signed into law Public Law 110-173, the Medicare, Medicaid and SCHIP Extension Act of 2007, now frequently referred to as the Mandatory Insurer Reporting law (or MIR) - 42 USC sec. 1395y(b)(7) and (8). Under the new law group health, workers' compensation, liability and no fault insurers and self-insurers will be required to provide information to CMS-beginning in 2009- on each claim of a Medicare, Medicaid or SCHIP beneficiary. Triggers for reporting include a decision to honor a claim and issuance of a check to pay a settlement, judgment or award.Once that reporting is done, CMS will have a quick and easy list of which of its beneficiaries received a settlement for an injury claim, what type of injury was suffered and who the settling party was. That will be very helpful information, making it easy to determine:o Whether CMS made any payments for treatment of that same injury, ando Whether the parties to the settlement made arrangements to reimburse CMS for any payments it made for that treatment, ando If no reimbursement was made, who CMS can go after to get reimbursement, ando Who CMS can go after to collect the penalties ($1,000 per claim per day's delay in reporting and double damages for failing to reimburse conditional payments.)Even before the December 2007 amendment to the Medicare Secondary Payer law, Congress made clear it was not going to listen to any quibbling about lack of liability on the underlying personal injury claim. Under the existing law, if an insurer or self-insured enters into a settlement of the personal injury claim, that insurer/self-insured is primary to Medicare for medical expenses related to that injury.Uncle Sam is looking for a little cash to help fund the Medicare trusts, and with the new reporting that will start in 2009, he is expected to have no trouble finding lots of new pockets to dip into to help keep those trusts going.

What to Expect When You Start a Home-Based Business

There are many advantages and disadvantages from starting your own business and working from home. Some the advantages are fairly obvious such as a very short commute time and the freedom to organize your work at times that suit you. This flexibility enables you to determine the amount of time that you're going to spend at work and how you are going to fit it in with your own family commitments. This means that if you are a parent that works at home, you can take your children to school and collect them at the end of the school day. If they are sick you can stay at home with them and if necessary take a day off from your work without having to answer to anyone. Probably the greatest advantage is that you are not bound by policies and practices that inhibit your freedom. Your start up capital for a home-based business is much less than a conventional one and your income is not limited by fixed salaries. Furthermore there are tax advantages that accrue from running a home-based business.There are disadvantages of working from home because it's necessary to have a high degree of planning and self-discipline. You will need the skill and planning to make the best use of your time because it is sometimes hard to manage the family interruptions when you are working. Self discipline is another factor that looms large for the person that works at home. It's very easy to spend a lot of time on the telephone because there is the social interaction that is available in the normal workplace. Working at home can sometimes be a lonely experience where you feel cut off from the rest of the world and spend too much time compensating by surfing the net.After working at home for 37 years, I have found that working in blocks of time suit me best. I will plan to work in a two-hour block and have a five minute break after each hour. Setting goals and targets is also an essential part of the home worker's regime. By setting goals and targets and milestones it is possible to be very productive if you are able to limit the interruptions that you create for yourself or occur through family members.No matter what type of work you do at home, you will need to understand how to market your products and services. This is the area where most new home workers struggle. The marketing of your products and services is an active rather than a passive process that continues relentlessly in times of high sales and low sales. The success of most people who work at home is a reflection on their ability to market their products. My advice to anybody contemplating a home-based business is to sharpen up your marketing skills so that you are in a position to promote your business from day one.

Workers' Compensation In California

The concept behind modern workers' compensation laws, that employers should provide for their employees in the event of injury, can be traced as far back as ancient Babylon where both employers and slave masters were required by law to pay for their workers' medical care in the event of illness or injury.The modern concept of workers' compensation developed during the Industrial Revolution in Europe in the 19th century. The concept crossed the Atlantic, and today, every State and territory has such laws in place, including the Federal government.Before the enactment of California's workers' compensation laws, injured workers were required to file common civil law suits against their employers in order to recover damages to pay for economic losses and medical treatment. Injured workers had the burden of proving their employer's fault, and employers were allowed to raise normal civil defenses such as contributory negligence of the worker, assumption of risk by the worker, and fellow-servant causation.If the worker failed to prove that the employer caused the injury, the worker recovered nothing. If the employer could prove that the worker's own negligence or that the actions of a fellow employee caused the injury, the worker recovered nothing. Or, if the employer could prove that the worker understood and assumed the risks involved in the job, and the worker was injured as a result of these dangers, the worker recovered nothing.California's workers' compensation laws were first developed in the early 1900's and were codified by the Boynton Act of 1913. Although there have been many amendments and reforms to these laws over the years, the basic principles have remained the same - that California workers are entitled to medical treatment and compensation payments for industrial injuries.Today, California's workers' compensation system is a "no-fault" system of recovery. Instead of having the burden of proving the fault of your employer in causing your injury, now you simply have to show that your injury arose out of and occurred during the course of your employment in order to present a legitimate claim. In turn, your employer can no longer assert the defenses of contributory negligence, assumption of risk, or the fellow-servant doctrine.DISCLAIMER: Please keep in mind that this article is intended for informational purposes only and does not constitute legal advice. You are expressly advised to seek legal counsel if you have questions about your particular workers' compensation claim.

Understanding Temporary and Permanent Disability

The workers' compensation system is intended to help injured employees address the financial effects of a workplace injury. As such, it is designed to serve as a temporary measure that fulfills a very specific set of needs for an injured worker and his or her family. But in instances where one suffers from an illness or physical ailment that leaves them unable to work for a significant length of time, it is instead the Social Security Disability Insurance system that supplies the necessary relief. The two primary forms of disability are Temporary Partial Disability and Permanent Total Disability.Since the determinations regarding benefits are made by a government agency, the bureaucratic hoops through which a disabled person must jump are considerable. The filing process is lengthy, and the vast majority of claims are denied upon receipt and review of the initial application for benefits. Commonly, these rejections are due to minor procedural and clerical errors of the submitted claim. But although they can be easily corrected once the problems are drawn to your attention, it still may delay the final approval and distribution of benefits for months, forcing your family to dig deep into savings if you have them.The Quirks of the Filing ProcessOne key distinction between the workers' compensation system and the SSDI benefits scheme as that eligibility for SSDI benefits does not require that your injury have been sustained in the workplace or in the performance of work related tasks. This is a fact that is often confused by workers who are unfamiliar with the structures in place to protect them if they become seriously hurt and one that is essential to ensuring that the appropriate steps are taken in the time allotted by the law. Some important statistics about the disability process to bear in mind are:
Approximately 30 % of claims are initially approved
15 % more are approved upon application for reconsideration
Nearly 60 % of claims that reach the hearing phase after appeals are approved
It can be more than 18 months from your initial filing until a final determination is made The length of anticipated disability, as well as the rated degree of disability ascertained through a formal medical evaluation with an approved physician, determines how long you can receive benefits and at what level you will be compensated for them. Temporary benefits are available when there is an expectation that you will be unable to work for a year or more, and permanent benefits are available when there is no likely recovery.For Help with Your FilingTo prevent costly filing errors and to present the strongest case possible, it is advisable to work with a skilled and experienced attorney. Contact the Raleigh disability lawyers of Scudder & Hedrick, P.L.L.C., to take the next step.

Seven Reasons Why You Should Quit Contracting and Find Another Job

I've been a licensed general building contractor for over 20 years now and have been working in the construction business since 1978. I don't know how many times I've thought about quitting, but haven't yet.1. You're tired of working for abusive clients. I don't know how many people I've actually worked for that have emotional and mental problems. Some of them were pretty abusive people.2. Nobody pays you on time anymore. If you're a contractor who works for other contractors, you know what I'm talking about. I had to quit working for one contractor, because they wanted to start paying me every 90 days. It just doesn't make any sense.3. Workers compensation rates are going through the roof. I had to quit using workers in 2002, because I was paying over 50% of my payroll to the workers compensation insurance company.4. You're tired of going to estimates. There was a time when I got nine out of every 10 jobs that I went to look at and now it seems like I get about four out of every 10 jobs.5. You're tired of people telling you that you're ripping them off. I couldn't even afford medical insurance for the longest time, when I first started working as a contractor.6. You can't find good help. I probably had over a hundred people working for me at one time and out of those people, there were less than 10 of them that knew what they were doing.7. If you do find someone that knows what they're doing, they either quit or want more money. Life's not fair all of the time, but it isn't a reason to quit either.There might be seven reasons why you should quit contracting, but there are at least a hundred reasons why you should stay in the construction business. Don't let things like this get you down.

Understanding the Role of a Safety Management Consultant

Organisations interested in becoming licensed self insurers should consider enlisting the help of a safety management consulting company to assist with all stages of the application and assessment process. Self Insurance is the practice of taking on the responsibility and liability of underwriting, assessing and paying out worker's compensation claims in-house.In the right situation, this can prove a sound financial move for businesses but also carries with it a great deal of responsibility in terms of regulatory requirements and ongoing assessment. It also requires a sound understanding and practice of managerial programs within a company, all of which are subjected to intense and ongoing auditing procedures. All of this regulation can seem overwhelming, which is why bringing a safety management consulting company on board is a wise decision.What Does a Safety Management Consultant Do?A Safety Management Consulting company specialises in risk management. From an in-depth and up-to-date knowledge of OHS best practises to a deep understanding of legal requirements organisations face, to ongoing advice and consulting services on the implementation of management programs, safety management consultants are experts in the field and an excellent source of confirmation on all manner of questions organisations may encounter. A safety management consultant can also create customised industry specific OHS management programs which is an advantage both for meeting and maintaining self insurance assessment criteria.How To Choose A ConsultantOne of the easiest ways to find an excellent consultant is to network with other organisations who have had similar experiences and find out who comes highly recommended. If you have a particular problem you need help with it is advisable to choose a consultant based on their experience with similar situations, or alternatively to find a consultant or consultancy firm that specialises in your particular industry. References from other clients are a good benchmark, as are qualifications and membership to associations.The ProcessOnce you've enlisted the help of a quality safety management consulting firm, the way to proceed will be determined based on the specific requirements of your organisation. Whether you need advice on OHS management systems, need a system designed, or need to discuss certain challenges involved with either an application for or maintenance of a self-insurer's license, a detailed program will be discussed and decided upon and your consultant can advise you as to how to move forward.With something like self insurance, millions of dollars can be involved in small mistakes or oversights, and especially for an organisation unfamiliar with the often complex legislature, it is a wise investment to double-check decisions with a qualified and experienced consulting firm.

Outsourcing HR - Advantages of PEOs For Employers

Size does Matter:Companies that benefit most from using a PEO have anywhere from 10-100 employees. There are a few reasons why.· When a company has less than 100 employees, hiring a full-time, competent HR professional can be too costly to justify. Most PEOs employ HR professionals who are certified by the society for Human Resource management, and many with a Master's Degree. The cost: $60-$110k per year.· When a company has more than 100 employees, they begin entering the range where economies of sale(savings achieved by producing or buying large quantities of an item)work in their favor when purchasing health and worker's comp insurance.· When a company has less than 10 employees, they will struggle finding a PEO that will accept them into their medical plan.· If a company has less than 10 employees, and they DO get accepted into a PEO's medical plan, the cost savings provided via medical insurance doesn't have a profound effect on offsetting the PEO's fees.· When a company has less than 10 employees, Human Resources is not a large burden to deal with.White Collar Companies:White collar industries such as IT, professional services, and financial services usually must attract highly skilled employees, to do this they must compete with huge corporations that provide structured career paths, and great benefit packages.Professional Employer Organizations provide a great solution for this challenge; they will provide a benefit package comparable to that of a Fortune-500 firm, and they provide HR support that allows a small business to organize its employees' career paths in the same manner.We also find that with high-growth companies, they are simply moving too fast to sidetrack themselves with the administrative burden of managing HR issues in a manner that keeps them in compliance, and also allows them to attract top talent.Blue Collar Companies:In low-skill orientated blue collar businesses, attracting top talent is not the same priority it is in white collar companies. However, semi to high-skill blue collar companies have to compete for talent with unions, especially if part of the work force is already unionized. For this reason again, PEO benefit packages provide a great solution.Workers Compensation Insurance is usually a high cost item in blue collar industries that have riskier occupations, more important is how costly an accident in the workplace will be for the company's workers comp experience rating, which determines future premium amounts. Through coemploymenta PEO provides insulation against future premium increases should an accident happen. More importantly, the PEO will provide risk management solutions to safeguard the company from having a worker's comp claim in the first place. If an accident does happen they will fight all workers comp claims in court to prevent fraudulent claims, which are more prevalent in high risk occupations.Seasonal Companies:Seasonal industries with large fluctuations in the workforce benefit greatly from Professional Employer Organizations. This is largely due to the stability PEOs provide as far as state unemployment taxes.PEOs make periods with voluminous new hires or terminations very easy. They offer new hire support; including services such as job posting discounts, employee enrollment kits, background checks, drug screens, etc. For terminations, the most important facet is that PEOs will help companies do it in a manner which is in compliance with all regulations.Multi-State Employers: Small companies that operate with employees in multiple states or of those that can benefits the most from using a Professional Employer Organization. PEO's allow a company to seamlessly hire employees in various states without additional administrative burden. Here are a few reasons additional reasons why:· Each state has their own set of employment laws to comply with (example for CA, example for NY)· You must file for a state unemployment ID in each state· You must find worker's comp insurance in each state· Setting up a benefit package, complete with supplemental benefits, across state borders created tremendous administrative burdenA multi-state structure may limit the amount of PEOs you should consider in the shopping process; as many regionally based PEOs are not competitive with multi-state benefit plans, additionally they may not be accustomed to various state regulations.LLC's: Limited Liability Corporation is a popular structure in law firms, medical practices, or other companies with multiple owners/partners. This structure yields various advantages; however one of the drawbacks is that LLC partners can't be W-2 employees of the LLC.If partners are not employees, they're not entitled to unemployment benefits, nor can they participate in company medical insurance plans. Often LLC partners purchase health insurance individually, which is normally more expensive.Professional Employer Organizations offer a unique solution. Through coemployment, an LLC member can be a W-2 employee of the PEO without being an employee of the LLC. Often partners take a minimal salary from the PEO, enough so that they qualify to participate in company benefits, but the smaller the better in order to keep tax burdens low.

Lifting Injuries at Work - Symptoms and How Employers Should Be Protecting Their Staff

Lifting injuries at work are caused either by sudden physical trauma, or cumulative strain over a period of time. Studies have found that up to a third of all major injuries in the workplace are caused by manual handling, the most common and dangerous forms of which are heavy and repetitive lifting. The majority involve damage to the lumbar region of the lower back. Even a partially torn muscle in this area can be a debilitating injury, requiring weeks of recuperation. More serious ones include slipped discs and fractured vertebrae, as well as long-term conditions, such as scoliosis and sciatica, can cause ongoing weakness in the back, or progressive loss of strength and mobility. Damage to the spinal cord meanwhile can have very severe consequences, including paralysis and disability.While a high percentage of work related lifting accidents affect the lower back, the upper back, neck, shoulders, arms, wrists and hands may also be damaged by heavy or repetitive lifting. Lifting at work is furthermore the number one cause of inguinal hernias, where a weakness in the abdomen muscle causes a lump to appear in the groin region. Hernias always require surgery, due to complications that may arise if they are left unattended. These include possible obstruction of the bowel, and the potential for an inguinal hernia to develop into a strangulated hernia, cutting off the blood supply to the surrounding area, and triggering a medical emergency. With hernias there is also the constant risk of recurrence, and in many instances this will prevent workers from carrying out heavy or repetitive lifting in the future.Many factors can increase the risk of strain injuries in the workplace. Apart from being required to lift excessive weights, workers may also have to lift loads in cramped, confined spaces, or in a high pressure working environment, where safety issues are over-looked. Mental stress increases the likelihood of lifting injuries, as the body's muscles are in a continual state of tension. Employers must provide workers with training in safe manual handling techniques, as well as giving them the necessary protective equipment, aimed at preventing these accidents, including back braces and weight belts. Management must also ensure that all work is properly risk assessed, and that the workplace itself, and work equipment in use, is ergonomically designed to offer workers the best possible protection.Industries with the highest incidence rates of lifting injuries among workers, are those where heavy and repetitive tasks take place on a daily basis, including construction, manufacturing and nursing. Nurses and carers are regular casualties, normally due to the cumulative amount of weight they have handled in the course of a busy shift. Otherwise symptoms may develop over time, and many nurses are ultimately forced to leave the profession due to long-term work related back problems. Supermarket and warehouse workers engaged in unloading pallets and stacking shelves face similar risks, as do postal workers and delivery drivers. These injuries may persist for months or years, or ultimately cause a permanent disability. Financial hardship resulting from loss of earnings is also common following moderate to severe lifting injuries, and this is taken into account when calculating how much compensation an injured worker may be due.

The Seaman's Act

For generations, sailors and commercial fishermen have faced hazardous working conditions and long hours while working on the seas. There was a time when seamen suffered under poorly maintained vessels, abusive employers, low wages and very few labor rights. Fortunately, seamen gained a voice in 1915 with the passage of the La Follette Seamen's Act.Because of the efforts of Robert M. La Follette, in 1915 congress enacted the Seamen's Act, which was formally known as the Act to Promote the Welfare of American Seamen in the Merchant Marine of the United States. The law was designed to provide the merchant marine with rights that were much like the rights acquired by factory workers. Basically, it was designed to improve the safety and security of United States seamen. The Seamen's Act was viewed as the "Magna Charta of the seas."The Seaman's Act contained the following key protections for seamen:1.) Guaranteed minimum standards of cleanliness and safety2.) Limited working hours for 56 per week3.) Established the ability of seamen to sue for damages against negligent ship owners4.) Established the right of crews to draw half pay while in port5.) Recognized the right of seamen to organize.6.) Abolish imprisonment for desertion7.) Reduce penalties for disobedience8.) Establish a minimum quality for rations supplied to seamen9.) Regulate the payment of wages to seamen10.) Set safety requirements, including the provisioning of lifeboats11.) Require a minimum percentage of the seamen aboard a vessel to be qualified, able seamenBenefits for SeamanOne of the circumstances that lead to the seamen's act was the 1912 Titanic tragedy. The seaman's act benefited seaman by mandating respectable treatment and a living wage on American ships. It freed seaman from the bondage of their contracts and to improve maritime safety regulations. But as important as the Seaman's Act was, it did little to help seamen injured as a result or negligence or their employers. Today, injured seamen have the right to sue for injuries caused by negligence under the Jones Act which was adopted in 1920, or in some circumstances under the Longshore and Harbor Workers' Compensation Act, adopted in 1927 which covers most maritime workers not covered by the Jones Act.If you or a loved one receives an injury while working on a U.S. ship, hiring an attorney specializing in maritime law will help you protect your rights and make sure you receive the right the compensation you deserve.

Eight Tax Tips - Employee Vs Independent Contractor

Small business owners often think they have a choice about whether the worker is an employee or an independent contractor. In fact, the business owner does not have a choice. The IRS sets many rules about if and when a worker is an independent contractor or an employee.The reason it is important to determine if a worker is an employee is the government has many rules about employees. Rules such as minimum wage, workers' compensation insurance, overtime pay, employment taxes, unemployment tax, filing tax forms for all employees, and many others.Of course, it is less work and cost less money for a business to hire independent contractors. Every year the IRS comes out with more rules making it harder to classify a worker as an independent contractor.The IRS has divided the rules into 3 broad categories. Who has control over the behavior, financial and the relationship of firm with the worker. Sales persons are in a different category and are subject to different rules.We will talk about 8 of the rules which will affect your classifying the workers which will affect your tax position regarding the workers. Generally, it is not just one isolated item or incident that will change a classification from independent contractor to employee.1. The contractor does not report to the business for assignments or make a report of every action to the business. The business only controls the result of the work and not the details of the work.2. The business does not control the number of hours, schedule or who works for the contractor.3. Included in the category of control the business may not require the worker to attend meetings, or have any penalties for not attending meetings or how assignments are made to the contractor's workers.4. Generally, the contractor supplies his own supplies, equipment and materials. If the business supplies all of these items then the worker is more of an employee than an contractor.5. Another part in the financial category is how the business pays the contractor. Does the business pay by the hour, commission, salary, piece work or lump sum. If the business is paying the worker by the hour or a salary the worker is more in the employee category and not an independent contractor.6. If the contractor does not have any risk of financial loss and/or is covered by worker's compensation insurance by the firm then the worker is probably an employee and not an independent contractor.7. Another broad category is the relationship of the worker and the firm. If the worker gets benefits from the firm such as paid vacation, sick pay, pension or job promotions then the worker is an employee and not an independent contractor.8. The IRS encourages workers to file a form to determine if the worker was really an independent contractor or employee. Any person can file the SS-8 form, even the person who is hiring the worker. Workers who think that they were really an employee and not an independent contractor can file another Form 8919, Uncollected Social Security and Medicare Tax on their compensationThere are serious penalties for a business that does not classify their workers correctly. Some of the penalties are retroactive reclassification of all employees. This reclassification can be retroactive for a number of years and is very expensive.This would mean that the business would need to not only to reclassify the workers but pay retroactive employment taxes, workers' compensation, overtime pay and much more.Not only would the business have to pay back taxes but would also have to pay a hefty fine. For more information on the tax changes that affect your bottom line check out http://NewTaxChanges4Investors.com

Managing Four Generations of Workers Presents Unique Challenges

Take a look around any large organization today and pay attention to the age differences in the workers you notice. For the first time in history, the American workplace is populated by four different and distinct generations. Each of these generations was impacted by the various events, circumstances and developments particular to the growth of our society over the past three-quarters of a century. It is not just that these generations seem to be disconnected, these four generations have experienced vastly different stages of America's development which has greatly impacted their views on virtually everything.So how exactly to these four generations differ? Let's take a look at each one individually:
The oldest of the generations are commonly referred to as Traditionalists. They represent those individuals born before the mid-1940's. These individuals are often more conservative, loyal and have a greater respect for authority than younger generations. They were shaped by events such as the Great Depression, World War II and the Korean War. Because of economic constraints and limitations on resources, they often hold onto items until they are no longer usable. Traditionalists tend to communicate face-to-face and often have close ties to their community. Because they grew up in a time where travel was more difficult and families often lived in close proximity, they are very attached to those closest to them. In the past few years, their dreams of retirement have been impacted by the economic conditions and many have been forced to re-enter the workforce. They did not grow up writing emails and streaming music; they wrote letters and listened to records and the radio.
Baby Boomers make up the next oldest generation and comprise the largest percentage of the workforce. An estimated 70 million Boomers are still employed in the current workforce. These individuals were born between the mid-1940's and the mid-1960's. After having witnessed break downs of traditional values in America, they tend to be more jaded towards authority figures leading them be more idealistic, time stressed and politically correct than other generations. These individuals witnessed their parents work for decades for the same company only to be "downsized" just before retirement. They witnessed the Vietnam War, Watergate and Woodstock. They learned they are more responsible for their own success and have spent years trying to "keep up with the Jones's". To them, material goods demonstrate a measure of success. They are not solely interested in working just to work; they crave excitement and a purpose in their careers. In the past few years, many have had to put off retirement or go into semi-retirement based economic necessity.
Those individuals born from the mid-1960's to the mid-1980's comprise the smallest of the generations; Generation X. While they comprise only roughly 45 million workers, they are advancing into the prime of their careers. These individuals saw their parent's workaholic lifestyles and seek to achieve a work/life balance as a result. Many in this generation were "latchkey" children and grew up to be self-reliant, independent, entrepreneurial and skeptical. They grew up in an era of corporate scandals, the first 24/7 news coverage, the advent of personal computers and pictures of missing kids on milk cartons. They expect a good life and see work as a means to an end. They want to be challenged to grow as professionals. After having seen the export of jobs to other countries, corporate downsizing and hostile takeovers, they tend to be less loyal to their employers than their parents were. Because they witnessed the lack of commitment from employers, their view of employment changed from one of having one distinct career to pursuing a series of shorter, well-defined careers where they develop skills and then move onto another employer, often every 3-5 years. These workers grew up in an era of emerging instant gratification; the drive-thru, fast food and the microwave oven, were introduced during their developmental years. They are not ones to wait around for change to happen; they want it all right now.
The youngest of the generations is often called the Milennials and applies to those individuals born after the mid-1980's. This generation grew up in an era where everyone gets a trophy regardless of the result, wars are televised, diversity is a given and technology advances at a rate never before experienced. They have always had the latest gadget, could download music, owned a computer, had the ability to communicate globally at a moment's notice and found their education was no longer the best in the world. These individuals also experienced the first terrorist attacks on American soil since the 1800's, witnessed school shootings, corporate scandals and the proliferation of people living beyond their means. Milennials have often lived a life of affluence in relation to the rest of the world but have also seen how this affluence can lead to them being a target for bullies or violence. Because they have always had access to whatever they wanted, these individuals often times have unrealistic expectations of initial compensation for their careers. They are more technologically advanced than any generation before them, expect immediate feedback and often times have trouble accepting criticism.
Placing these four generations in the same workplace creates special challenges for any employer. No longer can a "one-size-fits-all" approach be successful. What is needed to reach one generation is not what is needed to reach another generation. Business leaders need to become increasingly flexible in how they individualize their approaches to each of their workers. Just telling someone to do something is no longer a viable leadership style. Each manager and supervisor must learn to adapt to what will lead each individual to reach his or her potential. Those who do not adapt will be left behind as workplace expectations continue to morph into a new American workplace.

A Personal Injury Lawyer Protects Your Rights

When you've been injured due to no fault of your own it may surprise you to discover that the responsibly party doesn't step up and honor their legal obligation to pay for your medical expenses and lost wages. It is an unfortunate fact that many people simply do not want to take on the burden that they have created for you, whether it is a dog attack or a car accident.Most of us don't want to become a part of a long drawn out and expensive litigation process but most of us also can't afford to lose wages because we are to injured to work or have medical bills that quickly become as high as the national debt. If you have been hurt you need to investigate what your rights are. A personal injury attorney can help you understand if you have a claim and if so what the claim involves.For example if you are hurt at work you are employer may have you file a workers compensation claim, but that can be a long drawn out process and in the mean time you are out of work, injured, racking up bills with no compensation in sight, and the claim can be denied at any time. Or maybe your employer denies any obligation at all or offers you a small inadequate settlement for medical that won't cover your losses.Before you agree to anything or waive your future rights you need to consult with an attorney that specializes in personal injuries and fully understand your rights. You may be entitled to a claim that includes current, past and future lost wages as well as current and future medical bills for needed physical rehabilitation. Your claim can also extend to your living expenses such as rent and utility bills and food. These aspects are often overlooked by people who are injured and don't see the big picture, but they are not overlooked by the other parties attorney who may be at the emergency room before you even arrive waiting for you to sign off your rights.Many times the responsible party will attempt to have you sign a waiver releasing them from future claims and offer a small settlement that may seem big until you start paying medical bills and living expenses from it. Just like your car insurance agency tells you to never admit guilt in an accident, you should also never sign any legal waivers until you consult an attorney. Often times people don't fully understand that an injury that can appear mild can led to the need for physical rehabilitation to recover from, and if you sign away your future rights to a claim those expenses will come from your pocket down the road.So if you believe you have a claim, you need to consult an attorney and discover if your claim has merit and what they can do to help you make it right.

Best Practices When Using Subcontractors

Contractors take great care to make certain that their subcontractors have the necessary skills to perform their craft. Unfortunately, many contractors are less informed about best practices for the business relationship with their subcontractors. Without taking as much care to ensure a solid business and legal relationship, contractors put their customers, their business, and themselves at great risk of failure. This article reviews the financial, insurance, entity, and contractual guidelines contractors need to consider.FinancialWhen margins are tight and the opportunity to raise prices is limited, managing the cost of subcontracted labor is the only way to remain profitable. Managing subcontracted labor cost is handled the same as your other costs - know your ratios.Begin with your 2010 financial reports, specifically the Profit and Loss Statement. Determine the total amount spent last year on all subcontractors. Divide that number by the total amount that customers were invoiced, last year's total revenue. The result is the subcontracted labor cost ratio. For example, if you spent $500,000 on subcontractors last year and billed customers a total of $1,000,000, then your subcontracted labor cost ratio is 50%.By comparing the ratios for the past several years, you can determine whether your cost of subcontracted labor has been increasing, decreasing, or staying the same over that period of time. This sort of trend analysis is helpful when negotiating prices with your subs going into the new year and making the sort of decisions that will help improve your 2011 financial performance. If you know what the market will bear for a particular project, such as an insurance-paid roof replacement, you can determine the maximum you can afford to pay for labor.InsuranceContractors should look for ways to shift project risk to others where ever possible. The easiest way to do this is to make certain your subcontractors are fully insured.Most insurers want contractors to require the same or greater coverage limits from their subcontractors as the contractor carries on its own policies. The contractor should insist on a certificate of insurance listing the contractor by name as an additional insured on the policy. The contractor's insurance agent should review the certificate for the proper form and coverage that maximizes the contractor's protection.Unless all of the employees of the subcontractor own at least a 25% share of the business, a workers' compensation policy is required. It is strongly advised that, even where the sub isn't required to carry a policy, that contractors require proof of a workers' compensation policy from every subcontractor before allowing them on a job site.EntitySince January 1, 2009, Minnesota law requires individuals (not corporations, LLCs or partnerships) who work as independent contractors in the building construction industry to obtain from the Minnesota Department of Labor and Industry an Independent Contractor Exemption Certificate (ICEC). For purposes of the state's workers compensation, unemployment insurance, wage and hour, and occupational safety and health laws, individuals doing building construction work without an ICEC will be employees of the contractor for whom they are working.The best way for a general contractor to avoid their subcontractors becoming employees is to require each subcontractor to provide an original Certificate of Good Standing from the Minnesota Secretary of State or an ICEC from the Department of Labor. Don't assume that just because the subcontractor uses "Inc." or "LLC" in its business name that the sub is an entity. Get a copy of the certification every year.Subcontractor AgreementBest practices are to obtain a signed Subcontractor Agreement, well drafted by an attorney experienced in construction law, from every sub before work begins. The agreement should include provisions for pricing, insurance requirements, and entity status.Minnesota's statutory warranty only binds the general contractor to warranty obligations with the homeowner. The subcontractor has no direct warranty obligations. The subcontractor agreement should create the same warranty obligation between the subcontractor and the general as the general has with the customer.The subcontractor agreement should also include an indemnification provision, a provision requiring that all safety laws are followed, and a tobacco, drug, and alcohol provision. Because subcontractors are entities, a personal guaranty signed by the owners of the subcontracting company should be a part of the agreement.ConclusionThe relationship between general and sub is more complicated today than ever. Margins in construction are tight so keeping your subcontracting costs under control is vital. Shifting risk to your subcontractors is key to controlling costs and proper insurance coverage contributes to that goal. Verifying the entity status of subs can ensure that the contractor won't incur unexpected employment costs. And a well drafted subcontractor agreement helps both parties know what 'the rules of the game' are for the relationship.Use care in managing the business and legal relationships with your subcontractors and make 2011 your best season ever.* * * * 2011 Alden Pearson. P.A. All rights reserved.

Never Fear the Attorney is Here

We have become a litigious society. We want recourse for every perceived wrong and accident. We have more attorneys than any other country in the world. Are we better off or worse off with all this representation?Here in Georgia, like other states in the Union there are attorneys for any purpose conceivable; Georgia defense attorneys, Georgia tax attorneys, Georgia patent law attorneys, Georgia workers compensation attorneys, Georgia social security disability attorneys, Georgia family attorneys and the list goes on.Often having a plethora of attorneys is too many, you see this in the tort cases. Heavy competition results in more cases, over loaded courtrooms and no one taking responsibility for anything, everything becomes a law suit. But on the other hand because we do have recourse for injuries inflicted business have to be more careful with safety, tax code violations, workers compensation and other serious problems facing our business practices in the past.For millenniums workers had zero rights of recourse but now with employment and workers compensation attorneys workers have rights to work reasonable hours for reasonable pay with reasonable safety methods implemented. Has the pendulum swung too far? Yes, I suppose it has, but hopefully we are on the right course to bring moderation and common sense into our judicial system. States are putting caps on law suits and our Federal justice system is looking at doing the same. People have to be held accountable for egregious wrongs willfully committed but accidents and mishaps need to be handled with prudence. We have to have wise judges and juries to self manage the system.

The Night Shift Isn't Called Graveyard For No Reason

Often the night or graveyard shift, usually 10:00PM to 6:00AM, 11:00PM to 7:00AM, or 10:00PM to 8:00AM with variations, is the entry level shift at large 24-hour companies, social service care facilities, prisons, medical facilities and for emergency service personnel and first responders. But it is also the shift of choice, in many cases, for working students, working moms and single parents, people that work two jobs or for some who just like the perks it sometimes brings including more time off or the extra time during conventional waking or productive hours. But this shift comes with a grave cost.I came from 5-years at a job like this and have several friends who are still working that job and shift; some 5-days a week and some long 4-day a week shifts, but none with special time off benefits or shorter work weeks so I know the hazards first hand. It took me almost 3-years to physically get off that shift and get back to a semi-normal sleep pattern, and after 5-years, I still don't sleep as soundly as I used to.Another friend, Jack Reeder, has worked the same shift at a local hospital for 18-years because it allows him to work one week on and one week off and he likes the flexibility to travel and pursue his hobbies, but it still comes with a price. He and most of my friends working these shifts are now chronic insomniacs. According to the American Heart Association, weekly changes of sleep time affect the cardiac sympathetic and parasympathetic autonomic controls in our bodies. The sympathetic nervous system accelerates body functions, including heart rate and digestion. The parasympathetic nervous system slows down some of these systems causing what some researchers say afflicts many people who work a shift schedule - higher rates of accidents and cardiovascular disease.What this means is that the natural circadian, or daily, rhythms of your biological clock are constantly wrestling with your work schedule if you are required to work during the hours when your body and brain would normally be resting. The tug-of-war happens because your circadian rhythm and your lifestyle are not in sync. Circadian rhythms are, in part, tied to the 24-hour cycle of the Earth's rotation and the amount of daylight to which you are exposed.According to Raffaello Furlan, MD, a professor at the University of Milan and the lead author of their sleep study, "This resistance of the body's internal 'clock' to change with varied work schedules indicates that people don't adapt as easily as we think to shift work." Certain processes like cell division and DNA repair happen at regular times while we sleep and are missed by shift workers. Circadian rhythms also seem to control the amount of and time when various hormones are released in the body, such as cortisol, growth hormone, melatonin and testosterone, which control weight, energy, and reaching the 'deep sleep' state among many other processes. "Because the release time of these substances might not match your schedule, it can lead to health problems", say Furlan and other Italian researchers.The researchers believe that the higher rate of sleep disturbances, gastrointestinal and cardiovascular diseases, and accidents that shift workers experience may be due to the stress that the frequent changing of sleep and awake periods place on the body's nervous system.Max Hirshkowitz, PhD, director of Baylor College of Medicine sleep research center in Houston and the author of a popular book on sleep disorders says that the biological clock is a strong force in determining people's sleep habits, and there are three basic processes that govern and regulate sleep patterns. The are the circadian rhythms, homeopathic rhythms, and anything that activates the sympathetic nervous system and can interfere with sleep, says Hirshkowitz, "For most people, it's more difficult to sleep during the day. Light is a stimulant, and there is more noise during the day."Your biological clock tells you that the sleepiest time of the day is 4:00AM, Hirshkowitz says, yet many shift workers drink coffee around that time to stay awake. "Then they can't go to sleep, or they sleep but wake up a short time later," he says. "It's equivalent to drinking coffee after dinner."Shift workers also often develop destructive habits like trying to change their sleep patterns on the weekends or their days off because they want to be with their friends or families. But according to Dr. Hirshkowitz, this is the wrong thing to do! "It creates a cycle of sleep deprivation", he says. He advises that if you have to work a night shift, you should keep your sleep patterns the same on your off days, and you should protect the time slot when you're supposed to sleep. If you have to change shifts constantly and it involves the night shift, you should do whatever you can to protect your sleep time. Don't exercise within two hours of trying to sleep, but do exercise, and use blackout curtains and earplugs. In other words, practice what Hirshkowitz calls "sleep hygiene". More sleep rather than "less"... which shift workers tend to get is also critical; 8 hours during the day under 'ideal' conditions is like 5 ½ or 6 during the night, 6 hours of day time sleep is like getting about 4 at night, and so on down the scale. And broken sleep, a hazard of day-sleepers, is almost worse than no sleep. Hirshkowitz says it is easy to see the negative effects. What happens if you have not had enough sleep? With sleep deprivation, your balance is off; you have gastrointestinal upset, your eyes ache, and you are more prone toward colds, headaches and whatever else is going around.Most shift workers know that they need more sleep. Some choose not to take the step to correct their chronic sleep deprivation because of activities or because they like the extra money. Others have no choice because of family responsibilities, childcare or because it is the only option for them to afford to go to school. But if at all possible, nobody should work graveyard or do shift work that includes the night shift for an extended period of time.The schedule is the worst for day people who naturally like to go to bed early and get up early". Evening or night owls do better but eventually the shift affects everyone. Night people will sometimes say up to the first five years they worked this shift, they didn't have a noticeable problem with going from night sleep to day sleep or sleeping day hours in general. But eventually it takes its toll. Studies show that extended graveyard shift work, can affect longevity. It's not called the "graveyard shift" for no reason.Studies have shown links to graveyard workers or shift change workers that include the night shift to increase breast and prostrate cancer, diabetes, weight shifts and obesity, mood swings, forgetfulness, chronic fatigue and a weakening of the immune system in general for years. In 2007, the International Agency for Research on Cancer, the cancer arm of the World Health Organization, added overnight shift work as a probable carcinogen, just like UV rays and diesel exhaust fumes. It is a surprisingly positive step validating a concept once considered wacky or at best unlikely. And, it is based on research that finds higher rates of breast and prostate cancer among women and men whose work day starts after dark.Many companies and organizations in the U.S. and worldwide have begun to recognize the sacrifice of night shift workers and have compensated them for their sacrifices, as well as trying to cut-down the related increases in their accident and sickness ratios with shorter shifts for 40-hours pay, shorter work weeks, and non-traditional rotations including flextime and the options of part-time and job-share types of positions. Graveyard workers are generally compensated with 10% higher wages than their day-worker counterparts. They are also often compensated with additional sick or compensatory time or allowed extra time off without pay, but also without attendance penalties. Perks like areas for naptime on break or between shifts or recreational facilities are also common. In New York, some companies are supplying sleep capsules for 20-minute naps for both shift workers and day workers in high stress positions. New studies suggest the use of 'light boxes' in a special area where shift workers work or in the break room will make them sharper. Workers who do not have physically or mentally challenging positions or are in an observation capacity with lots of sitting should always work with a partner and be allowed access to television, radio, a computer or something that interests them to keep them alert, between or after their duties are done. Eating healthy foods rather than excessive amounts of caffeine and sugar is advised and wearing sunglasses in the morning, from sunrise until bedtime to cut out a lot of the blue light which tells the body that it is morning, is also helpful.Let us hope that these and additional balancing measures will become common knowledge, uniform in practice and mandatory before more people end up far too young in the graveyard for which their shift is nicknamed.

Workers Compensation Overview

If a person in injured or disabled on the job, they may be eligible for workers' compensation. The Workers' Compensation laws were enacted to eliminate extensive lawsuits by establishing fixed monetary awards. Additionally, they offer benefits to dependents of workers who are killed due to a work related cause. While many people assume the laws are only meant to advocate for the injured, that is not true. They also do a lot to help protect the other side. By setting amounts, the laws limit the amount of compensation an employer is required to handover. Additionally, co-workers are often not held liable. In most cases, the State Workers Compensation statutes will preside. Only in situations such as interstate commerce would federal statues come into play.The Federal Employment Compensation Act provides compensation to federal workers who are not in the military. The act is very similar to most state compensation acts. The disability or death must not have been sustained willfully by the employee or while he was intoxicated. Medical expenses as well as retraining due to disability are covered. The employee receives a minimum of two thirds of his pay while he is disabled in pay and receives more if dependents or permanent injury is involved. If the worker is killed, survivors receive compensation. The Office of Worker's Compensation Programs is responsible for executing the act.The Federal Employment Liability Act (FELA) and Merchant Marine Act (the Jones Act) holds railroads and ships liable for injuries to their employees. Additionally, the Longshore and Harbor Workers' Compensation Act protects other maritime workers.The Black Lung Benefits Act was established to provide compensation to miners. Many miners end up suffering from pneumoconiosis also more commonly known as Black Lung. Mine operators must issue disability payments to ill miners. Additionally, the act created a fund that is operated by the Secretary of Labor. This fund pays compensation to miners when the mine operator is not known or unable to pay.Workers compensation laws are advantageous to all parties. They help make the work place a safe place, and in the case that something happens, monetary funds help care for the injured worker and family. Since state laws vary, it is important to be knowledgeable about your specific state's policies. If you feel you may qualify for workers' compensation and would like more information, visit http://www.waukeshapersonalinjurylawyer.com today to learn more.

Compensation for Offshore Injuries

There are inherent risks involved in being a offshore oil or gas worker, a seaman, longshoreman or other maritime worker. These types of occupations are extremely dangerous since they typically involve heavy equipment and machinery, toxic chemicals, and other hazardous conditions. It is not uncommon for a worker to sustain serious and life-threatening injuries while on the job, and unfortunately serious injuries go hand-in-hand with offshore work.Offshore staff can sustain a vast array of serious injuries and they can even be killed in the line of duty. Because their jobs are hazardous, injured maritime workers frequently sustain injuries to the head, back, neck and shoulders. They can also sustain spinal cord injuries, burns, and broken bones. They can also suffer from toxic exposure from contact with dangerous chemicals, which can develop into serious illnesses. Furthermore, offshore workers are always at risk of a drowning accident, which can and does happen from time to time.Offshore occupations are extremely dangerous, whether you are a maritime worker or seaman who has been seriously injured while working on a tug, barge, trawler, mobile offshore drilling rig, tanker, semi-submersible rig, or other vessel, you have legal rights under the Jones Act, the Death on the High Seas Act, the Longshore and Harbor Workers' Compensation Act, or other maritime law.In any type of the above situations, it is extremely important that you seek legal assistance from an experienced attorney. There have been several laws enacted that are designed to protect offshore workers in the event of a serious injury or death; however, understanding the law that pertains to you can be complicated and confusing. A seasoned attorney will know exactly which law would apply to your occupation and how to pursue compensation on your behalf.Injured persons have to take the necessary steps to receive maximum compensation for their injuries. In many cases, a seriously injured or ill worker doesn't have the physical capability to navigate through the laws and efficiently file a claim. A knowledgeable attorney will be your best friend during the claims process; they will allow you to focus on healing as they aggressively pursue compensation for your injuries. Oftentimes, maritime workers are the main breadwinner in their household who has a spouse and family relying upon them for financial support. Hiring a lawyer will enable you to seek the proper medical care and it will afford you the best chances of receiving the maximum amount of compensation. If you want to take control of your situation and have the greatest opportunity for coming out ahead in your claim, contact a personal injury attorney without delay!

Florida Business Lawyers

Though any business is profit-oriented, what determines its reputation is its business ethics. Their reputation is usually reflected in its accounting procedures.Even if a business organization follows ethical accounting standards, there is a chance it will face a financial loss due to external factors, such as a decrease in purchase orders, shortage of raw materials, transport problems and so on. These are times when businesses need guidance. This guidance is offered by business lawyers.Unlike injury lawyers or civil and criminal lawyers, who work in courts of law, a great majority of business lawyers work in private firms as legal advisors on consultancy terms, or for the Federal and state government.Business lawyers help businesses grow without any problems with Federal and state rules and regulations. For example, one business lawyer may help a business firm to raise its capital. Another business lawyer may help a commercial firm by letting all employees sign an agreement so as to prevent its employees from starting their own competing businesses using the firm's trade secrets.Business lawyers are specialized in handling all important aspects of running a good and effective business enterprise on ethical principles. They handle dealer practices, contracts of employment, mergers and acquisitions, securities, shareholder issues, trade secrets, business fraud and all other related issues. Many business lawyers represent the business organization for which they work, in any dispute.Some business lawyers also handle cases for individual employees in business houses, for example in a case when a worker is fired without being paid the compensation that he deserves. Business lawyers in Florida work in specialized areas such as antitrust and trade regulations, business litigation, labor and employment, taxes, workers' compensation and other related matters.All lawyers working in Florida are obligated to be members of the Florida Bar Association, an official organ of the Supreme Court of Florida. The bar regulates the functioning of all certified lawyers in the state.The official website of the Florida Bar Association, http://www.floridabar.org, is an excellent resource for finding business lawyers in the Sunshine State. Apart from guiding interested businesses and individuals to locate business lawyers in Florida, the website hosts pamphlets of information on `Buying a Business Opportunity,' `Buying a Franchise,' `Client's Security Fund,' and other topics which will be of immense use to a business owner or a prospective business owner.

Work Compensation plans

You are entitled to medical expenses for accidents or diseases that take place on the work place. The State's workers' compensation system ensures your employer covers for the loss or the injury, irrespective of the seriousness of the accident.Inform your employer immediately after the accident or the injury occurs. Your employer will give you a form that needs to be filled and has to be submitted to the insurance carrier and State Worker's Compensation agency. Keep in mind that the form has to be filled within a specific period of time otherwise you loose your right to claim your compensation.In case your employer refuses you to compensate, an arbitration hearing is scheduled with the Worker's Compensation Board. If you and your employer agree with the compensation board, you can appeal to a higher level.If your employee agrees to compensate, you can not file a separate lawsuit against your employer or co-worker. The reason behind this is that Worker's Compensation is a solution to settle such issues without filling further complaints in the court.However, to get the privileges of the Worker's Compensation, one has to get injury. The injury has to be related to your job. You will be compensated if you get hurt while doing a job related work, on an official trip, attending any official gathering or while participating in a company sponsored match.Compensation is provided to the injured in case of pain, suffering and incapability of the injured person to work after the accident. The compensation is made on the basis of sufficient evidences, the type of injury and its effect in the present and the future.The main aim of compensation plan is to place the sufferer back into the financial position where he was prior to the accident. In more serious cases, compensation is made to alter properties or vehicles and the on-going care expenses including those provided by the family.In most companies, there are Trade Unions to protect the interests of the workers. These are active groups which take great care of the health, safety and the requirements of the workers. They have legal services using Expert Lawyers and are free to the members.

Junk Removal - How to Find a Reputable Disposal Company

Many people look into junk removal companies to remove unneeded items, such as materials, trash and other items. There are a variety of items that individuals need to haul away so you may want to consider services of professional organizations.Such professionally managed organizations are experts in removing junk and other unneeded items from your residence or office. Others use the services to get rid of items in a home that has been foreclosed on or others who need to remove items after restoration or renovation.Many times, your trash can is not enough to take away much of the debris that you need to get rid of. You could try and call some free companies to remove your items however many times they are not as reliable as those who you have to pay.Also, you could try and rent a truck and hall the debris yourself however it could take time to pack up a truck and transport it to another company. You may want to hire a junk removal company which will allow you to fee up some time and let the experts do the work. With these sorts of companies, you do not have to take trips to the local dump.You can get rid of furniture and other oversized items or you can also use these companies to clear any fire damage. If you are interested you can book a job online and the workers will come out to remove your items. They will charge you based on how many items that you have. Many places offer same day and off hour services such as weekends and most of these companies have large dump trucks.If you decide on a junk removal company, choose one with professional, friendly and helpful. You should also make sure the company is fully insured and has general liability and Workers' Compensation.You may also want to find a company that heavily recycles their materials collected. Good companies train their employees well and make sure they are background checked properly. Other companies work with local charities and give many of the items to them.If you decide on a junk removal company, make sure you do some research either on the internet. You may also want to ask some friends if they have any recommendations so that you can choose a company that can fulfill your needs.These same companies sometimes offer demolition services also if you want to tear down something on your property or shrubbery. Therefore you only need to hire one company to accomplish a job. The main clients of these companies are owners of commercials and residential property, Real Estate Agents, Property Managements, Landscapers, Contractors and Builders & Developers.If you are demolishing something or need to clear away some unwanted items then you should consider junk removal. There are several companies which can help you with all of junk which means that you can focus on your job or family. Make sure you pick a reputable company which is the best value in professional junk removal services.

Get Off Your Can! WSJ Article on Soft Drinks Misses the Mark

The article written by Valerie Bauerlein and Betsy McKay titled, "Soda Tax Uncaps a Fight", which appeared on page A3 of the May 24th, 2010 issue of the Wall Street Journal, clearly missed the mark. The gist of the article is that states are considering imposing an excise tax on "sweetened drinks" as a way to plug budget shortfalls. Kevin Kane, a spokesman for the American Beverage Association is quoted as saying, "This is all about grabbing money to fill budget deficits and pay for more government," or so he would have you think.The fact is that soft drinks are the #1 source of calories for Americans. In case you've had your head in the sand, we are in the midst of an obesity epidemic in the U.S. 70% of Americans are overweight! 30% of Americans are obese! According to the National Institutes of Health, a person is obese if they are 30 or morepounds overweight. The leading cause of our obesity epidemic is our consumption of soft drinks.According to the Organization for Economic Cooperation and Development (OECD), the U.S. pays twice as much as any other developed nation per capita for healthcare. OECD data also shows that the U.S. has double the obesity rate of any other developed nation. Let's face it, we pay twice as much because we are lazy and we have a pitiful diet. "Junk food" has been a buzz phrase for decades, what about "junk drinks"? A regular 12oz. Coke has 140 calories and the equivalent of 7 teaspoons of sugar.Our behavior is what is driving our medical costs and putting a huge strain on our financial system. According to the New England Journal of Medicine, 70% of medical and pharmacy claims are from poor lifestyle choices. Poor nutrition is the #1 behavioral cause of health problems and is a factor in 71% of behavior related claims. Furthermore, the American Cancer Society estimates that one-third of the more than 500,000 cancer deaths that occur in the U.S. each year are attributed to diet and physical activity habits, including overweight and obesity, while another third is caused by exposure to tobacco products.In an article published in the Journal of the American Medical Association by A.H. Mokdad and J.S Marks, they state that poor diet and physical activity were the second leading cause of behavior related death in the U.S. in 2000 and accounted for 400,000 deaths. Use of tobacco was 1st causing 435,000 deaths and alcohol consumption was 3rd causing 85,000 deaths.The economic impact of obesity is staggering. According to the National Business Group on Health, the effects of obesity are similar to 20 years of aging and individuals who are obese have 30% to 50% more chronic medical problems than those who smoke or drink heavily. A study published in the Archives of Internal Medicine compared a group of people having a recommended body mass index to 3 different classes of obesity. The study found that those in Obesity Class III had medical, disability and workers compensation costs that were 191%, 755% and 1194%, respectively, higher than the non-obese control group. Similarly, a Duke University Medical Center study of 11,728 employees from 1997 to 2004 found that obese employees filed twice as many workers compensation claims, had 7 times higher medical costs from those claims and lost 13 times more days from work injury or work illness than did non-obese employees.Poor nutrition, lack of exercise and diabetes go hand in hand. Cases of diabetes in the U.S. doubled from 1990 to 2005 and are expected to double again by 2030. The incidence of Type II Diabetes in adolescence has increased 10 times over the last decade and now constitute just over 1/3 of new pediatric diabetes cases. It is estimated that 80% of Type II Diabetes cases are preventable with diet and exercise.The facts are clear. There is an obesity epidemic in the U.S. and it is driven by poor nutrition and lack of exercise. The number one source of calories for Americans and, therefore, the leading cause of obesity in the U.S. are soft drinks. States have enacted excise taxes on alcohol and tobacco to recoup increased medical care costs because of their consumption and to encourage healthy behavior. An excise tax on soft drinks used to offset the financial burden of obesity, to fund diet and exercise education in schools and to provide healthy food in schools is long overdue.