IN THIS ISSUE:

1. Feature Story: Preventing And Detecting Workers' Comp Fraud

2. Cathie's Corner: Lessons On Employee Motivation

3. English-Speaking Employee Starts Spanish "Inquisition"

4. Free Report: Understanding The ADA Amendments Act Of 2008 (ADAAA)

5. HR Soapbox: Election Results Will Impact Your Life...So How Can You Not Weigh In?

AHI's We Couldn't Make This Up

Taking work home with them is a fact of life for some employees, but taking it into the bedroom? According to a study by Sheraton Hotels & Resorts, 87% of the 6,500 professionals surveyed said they take their personal digital assistants (PDA) into the bedroom, 84% admitted checking their PDAs right before going to sleep or as soon as they wake up, and 85% checked them in the middle of the night. Spouses of 35% were shocked to learn that their PDA-checking partner would choose their PDA over them!

1. FEATURE STORY: PREVENTING AND DETECTING WORKERS' COMP FRAUD

Unfortunately, there will always be a few bad apples that try to cheat the system by filing fraudulent Workers' Compensation claims. Whether employees fake or exaggerate an injury, are injured outside of work, or stay out on leave long after their injury heals, "bogus claims remain a persistent and costly problem for employers, year in and year out," said Jim Quiggle, Director of Communications for the Coalition Against Insurance Fraud, a Washington, DC-based watchdog group. "Collectively, employers lose billions of dollars to bogus injuries annually that drive up premiums and cut into company profits."

Preventing Workers' Comp Fraud

"An unhappy workforce is a strong predictor of fraud," warned Quiggle. "So the starting point of fraud prevention is to create a safe workplace with enlightened managers who listen to worker concerns and act swiftly on valid complaints. It sounds old-fashioned, but this timeless management principle can help create a shared buy-in to the company's goals — and reduce the odds of bogus injury claims made from greed, spite, or revenge."

Quiggle also suggested taking the following proactive steps to minimize the chance of WC fraud hitting, and hurting, your business.

Create strong safety programs and procedures that create a safe and productive workplace. "This will signal that the employer cares about worker safety," explained Quiggle. "A safe workplace also reduces the chances a dishonest employee can get away with a credible claim for bogus injuries."

Create a zero-tolerance policy for fraud. "Back that up with decisive action when bogus claims are detected, and stress to workers how bogus injuries cheat the company and workers alike," stated Quiggle. "Promote zero tolerance throughout the workplace, and make it part of your company's culture."

Require workers to report injuries right away, no matter how minor. "Take the employee to the doctor immediately to ensure prompt and thorough treatment," Quiggle added. Your company should also conduct an immediate investigation.

Insist that your insurer investigate suspicious claims. Your insurer can try to find out if the employee was involved in any outside activities that could have been the actual cause of the injury. Or, consider hiring an outside investigator.

Encourage employees to report suspicious injuries by other workers. "Consider a reward program and anonymous hotline for reporting bogus injuries," Quiggle suggested.

Clearly explain Workers' Comp claims procedures, and post procedures prominently throughout the workplace. "This will help workers promptly receive all benefits they're rightfully due, and help them avoid making inadvertent mistakes that cost or delay benefits," said Quiggle.

Detecting Workers' Comp Fraud

Quiggle provided a list of common red flags that might signal bogus injuries or malingering. Tip: While these signs taken individually do not automatically indicate Workers' Comp fraud, a cluster of signs may indicate that further investigation is warranted.

• Employee gives conflicting or vague information.
  
  
• No witnesses to the alleged incident.
  
  
• Incident happened in an area where the worker normally isn't supposed to be.
  
  
• Injury occurred during performance of a task the employee normally doesn't perform.
  
  
• Injury occurred early Monday morning. "It might've been a weekend softball injury," Quiggle proposed. Also, beware of injuries that aren't reported until weeks or months later.
  
  
• Injury occurred just before a strike, disciplinary action, or layoff.
  
  
• Employee has a history of injury claims, especially involving hard-to-prove injuries, such as soft-tissue injuries.
  
  
• Employee avoids medical treatment, misses doctor appointments.
  
  
• Worker is known to be disgruntled.
  
  
• Worker's attorney threatens legal action unless there's a quick settlement.
  
  
• Employee isn't helpful or cooperative.
  
  
• Employee is unusually familiar with WC claims, vocabulary, procedures, or laws.
  
  
• Worker can't be reached by phone while on leave; spouse repeatedly says, "He/she just stepped out."

It's being called the most sweeping change to employment law in more than a decade...the ADA Amendments Act of 2008 (ADAAA). 

The ADAAA significantly expands the protections of the original Americans with Disabilities Act (ADA) to include more individuals with less severe impairments. Many experts believe that this will dramatically increase the number of claims filed under the ADA.

You need to act fast to ensure that your policies and procedures are in compliance by the January 1, 2009 effective date.

Learn what steps you need to take to get in compliance. Join AHI and ADA expert, Charles P. Stevens, Esq. for a live, 60-minute web conference:

THE ADA AMENDMENTS ACT OF 2008:
WHAT EMPLOYERS MUST DO TO GET IN COMPLIANCE

Tuesday, October 28, 2008
1:00 PM-2:00 PM Eastern
Charles P. Stevens, Esq.

2. CATHIE'S CORNER: LESSONS ON EMPLOYEE MOTIVATION

I was at a business development meeting for a group of salespeople the other day. Never mind what an HR consultant was doing at a sales meeting — it's a long story — but it was an interesting experience. It made me realize a thing or two about employee motivation....Continue the story.

3. ENGLISH-SPEAKING EMPLOYEE STARTS SPANISH "INQUISITION"

When you have a multi-lingual workforce that doesn't always speak English in the workplace, there are bound to be those who are uncomfortable when they can't understand what their colleagues are saying. They may complain to you about their discomfort, but you shouldn't...Continue the story.

4. FREE REPORT: UNDERSTANDING THE ADA AMENDMENTS ACT OF 2008 (ADAAA) 

Check out the Free Report, "Understanding The ADA Amendments Act Of 2008 (ADAAA)," which gives you everything you need to know to fully comprehend how the original Americans with Disabilities Act (ADA) has changed to protect even more individuals with less severe impairments. Learn what specifically constitutes a major life activity, why it will be easier for employees to succeed with "regarded as" claims, the danger in considering mitigating measures, and much more.

5. HR SOAPBOX: ELECTION RESULTS WILL IMPACT YOUR LIFE...SO HOW CAN YOU NOT WEIGH IN?

Wait...let me climb up on my soapbox and grab my megaphone...here we go...Continue the story.