The News You Need for Dec. 19
Generations in the workplace, a What Do You Think, and California compliance
Aging Workforce Offers Opportunities and Requires Special Considerations
As the American workplace has become an in-gathering of five generations, business commentators have written extensively about how to manage Millennials (born between 1981 and 1995) and Generation Z (born between 1996 and 2012). However, the fastest-growing generations in the workforce are Generation X (born between 1965 and 1980), and Baby Boomers, who range in age from 60 to 79 years old (born between 1945 and 1964).
The U.S. Bureau of Labor Statistics (BLS) projects that workers over 65 years old will make up 8.6% of the workforce by 2033, up from 6.7% in 2023. The Baby Boomers’ resilience provides younger workers opportunities to learn from wisdom and experience, but it also means human relations staff need to be adept at managing the specific needs of older employees.
A paper published in the National Library of Medicine found older workers actually have lower injury rates than younger and middle-aged workers, but when older workers are injured, their conditions are more serious and their treatment and recovery are more costly. According to the report, following an injury, older workers require more time off, are less likely to be offered modified work or to be recommended rehabilitation post-injury and are less likely to ever return to work compared to younger workers.
The paper also discusses how aging-related health changes impact occupational injury risk. Older adults have a higher incidence and prevalence of chronic diseases. Declines in vision and hearing may limit the ability to perceive safety hazards and safety measures or interfere with understanding work-related instruction. Further, age-related changes in cardiovascular and musculoskeletal systems and bone density may impact dexterity, reaction to stress and strength.
Employer Considerations
It is evident that employers with an older employee workforce face unique considerations that can significantly impact workplace dynamics, productivity and overall workplace safety and incidents of work-related injuries. As such, employers have multiple factors to consider, especially if a large percentage of their employees are over the age of 50. A sampling of these factors is addressed below.
Contrary to stereotypes and statistics on injuries, older workers often bring valuable skills and experience to the workplace. As demographic trends continue to shift towards an aging population, the role the workers' compensation system plays in supporting aging workers will only become more critical. Embracing proactive strategies that promote health, safety, productivity and work accommodations will enable employers to harness the full potential of their aging workforce, while also minimizing the incidences of workplace injuries when navigating the challenges inherent in a work injury involving an older worker.
K. Martine Cumbermack has, for more than 20 years, provided litigation counsel and representation in workers’ compensation matters on behalf of employers, insurance companies, self-insureds and third-party administrators in Florida and Georgia. She is a partner and chief of diversity at Swift Currie McGHee & Hiers in Atlanta.
Did WC Claim Cause Meat Plant to Put Worker’s Job in Grinder?
Chris Parker
What Do You Think?
Sioux Falls, SD (WorkersCompensation.com) -- The steps a company takes to either fuel or put the brakes on an employee’s workers’ compensation retaliation claim tend to repeat themselves from case to case. That’s illustrated in a ruling by the South Dakota Supreme court concerning whether to allow a meat processing plant employee’s case to go forward.
About a month after starting work, the company cited the production worker for "poor attendance during [his] probationary period" in a disciplinary action form dated March 15, 2020.
On May 23, he injured himself and received workers' compensation benefits.
When he returned to work, he received a second citation after he reported late on April 15.
On April 30, he reaggravated his injury. His doctor wrote a note which the company received on May 1 stating that the employee would have to miss work until he could see an orthopedist on May 6.
A personnel action form showed that he was terminated May 1 for "poor attendance during [his] probationary period." When his attorney reached out to the company, the HR director explained that the employee was fired because he did not show up for work on May 1,4, and 5, and failed to notify the company.
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The employee sued for retaliation.
To establish workers’ compensation retaliation, the court explained, the employee had to overcome the company’s seemingly legitimate explanation that it fired him for violating its attendance policies. To do so, the employee had to show that the explanation was a pretext for retaliating against him for filing his workers’ compensation claim.
Did the employee establish a workers’ compensation retaliation lawsuit?
A. No. The fact that he was cited for non-attendance before he even filed his workers’ compensation claim suggested that the company’s stated reason for terminating him was genuine.
B. Yes. Three factors, including the company’s inconsistent explanations for terminating him, suggested the termination was a cover for retaliation.
If you selected B, you agreed with the court in Matta v. Dakota Provisions, No. 30478-SRJ (S.D. 10/10/24), which held that the employee established a viable retaliation case.
First, the court noted, the company terminated him only about a month after he filed his claim. That closeness in time between the two events suggested the company’s explanation was pretextual.
Further, the company gave inconsistent reasons for terminating the employee. First, it said it was terminating him for attendance problems in March and April. It later explained that it terminated him for his non-attendance in early May.
Finally, the court pointed out that the company’s explanation that it fired him for missing work without notifying it in early May didn’t hold water; the company had already been told that he would miss work due to an exacerbation of his injury.
“Not only does this explanation differ from the specific dates that were offered in Dakota Provisions' original justification for terminating [the employee], but it is also inconsistent with the facts available in the record,” the court wrote.
Because a reasonable jury could find that the company terminated the employee for filing a workers’ compensation claim, the court reversed a lower court and permitted the case to go forward.
What are Workers’ Compensation ‘Benefits’ in California?
Glossary Check
If someone was talking about "benefits" in California, would you know what they are? The Golden State spells them out on the state-required Notice to Employees poster, which Simply Research subscribers have access to.
But for those who need a cheat sheet, we've put the vocab together.
Workers' compensation benefits in California include:
Medical Care: Doctor visits, hospital services, physical therapy, lab tests, x-rays, medicines, medical equipment and travel costs that are reasonably necessary to treat an injury.
Temporary Disability (TD) Benefits: Payments if a worker loses wages while recovering. For most injuries, TD benefits may not be paid for more than 104 weeks within five years from the date of injury.
Permanent Disability (PD) Benefits: Payments if a worker does not recover completely and her injury causes a permanent loss of physical or mental function that a doctor can measure.
Supplemental Job Displacement Benefit: A nontransferable voucher, if a worker is injured on or after Jan. 1, 2004, her injury causes permanent disability, and her employer does not offer her regular, modified, or alternative work.
Death Benefits: Paid to a worker's dependents if she dies from a work-related injury or illness.
California content on WorkersCompensation.com is brought to you by Quiescence Congregate Living Health Facility.