The News You Need for Sept. 28

The News You Need for Sept. 28

What can be done about compassion fatigue? Why did a trip to the laundromat end in a stabbing? And why did the Nevada Supreme Court say it was time to move on from two precedent cases.

Strategies for Addressing Compassion Fatigue 

Dr. Claire C. Muselman

{Part Six of Compassion Fatigue in Workers' Compensation Adjusters} 

Compassion fatigue is a growing problem among workers' compensation adjusters, affecting their emotional well-being and job performance. If left unchecked, it can lead to burnout, decreased productivity, and increased employee turnover. Compassion fatigue is not an inevitable part of work. Specialists and organizations can manage and minimize its effects by creating a healthy work environment through proactive strategies. This article will explore practical solutions for compassion fatigue, focusing on emotional resilience, workload management, and organizational support. 

Building Emotional Resilience 

One of the most effective ways to deal with compassion fatigue is to help specialists develop emotional resilience. Emotional resilience refers to a person's ability to adapt to stress and recover from difficulties. For workers' compensation adjusters, developing emotional resilience can make a significant difference in how they handle the emotional load of their work. Suggestions for building emotional resilience include mindfulness practices, self-care routines, and emotional awareness training. Encouraging specialists to practice mindfulness can help them stay stable in stressful situations. Techniques such as meditation, breathing exercises, or journaling can help specialists manage their emotional reactions and maintain a sense of calm even when faced with complex cases. Specialists should be encouraged to prioritize self-care both on and off the job. This prioritization includes taking breaks during the workday, engaging in hobbies or physical activities, and setting boundaries to avoid emotional exhaustion. Emotional awareness training can help specialists recognize early signs of compassion fatigue. By identifying these signs early, specialists can take steps to treat them before they become chronic. Developing emotional resilience is about creating a mindset that allows specialists to manage their emotional labor with confidence and stability. 

Workload and Case Management 

The number of cases workers' compensation adjusters must handle significantly contributes to compassion fatigue. Excessive workloads can overwhelm specialists, leading to emotional exhaustion and decreased performance. Effective workload management is essential to prevent compassion fatigue from developing. Organizations and adjusters can focus on balancing workloads, allowing breaks, and prioritizing cases. Organizations should strive to balance the workload of their adjusters. This balance means regularly evaluating the number of claims assigned to each adjuster and ensuring that no one is constantly overburdened. Managers should also consider case complexity, as more complex claims may require more time and attention. Encouraging insurance adjusters to take regular daily breaks can help them recharge. A few moments away from their desks can make a significant difference in preventing emotional overload. Employers should create a work culture where breaks are acceptable and encouraged. Training adjusters on how to prioritize their cases can also be helpful. By focusing on the most urgent or complex claims first, adjusters can reduce the feeling overwhelmed by a long list of pending tasks. By managing workloads, organizations can reduce the risk of compassion fatigue while improving overall claim processing efficiency. 

Emotional and Mental Health Support 

Workers' compensation adjusters must feel emotionally supported to do their jobs effectively. Without access to mental health resources or emotional support, specialists can struggle to cope with the emotional demands of their role. Employers can take proactive steps to provide necessary support and reduce the risk of compassion fatigue. Supports to consider within organizations include access to counseling services, peer support groups, and compassion fatigue training. Providing access to mental health counseling or employee assistance programs (EAPs) can give specialists a confidential way to discuss their emotional challenges. Regular check-ins with mental health professionals can help specialists manage their stress levels before they become unmanageable. Creating a peer support network within the organization can foster a sense of camaraderie and shared experience. Claims adjusters may benefit from discussing their struggles with coworkers who understand the unique emotional demands of their work. These groups can also serve as a space for insurance adjusters to share coping strategies and provide emotional support to each other. Providing training specifically focused on recognizing and managing compassion fatigue can be invaluable. These programs can educate adjusters about the signs of compassion fatigue and provide them with practical tools to maintain their emotional health. By providing access to emotional and mental support, the organization sends a strong message that it values the well-being of its employees and is committed to helping them succeed in their roles. 

Encourage Healthy Work-Life Integration 

A healthy work-life balance is essential for claims adjusters to prevent compassion fatigue. When work dominates an insurance adjuster's life, separating personal well-being from professional responsibilities becomes harder. Encouraging work-life balance can help insurance adjusters maintain emotional balance. Organizations can offer flexible schedules, limit overtime, and encourage detachment from work to promote a healthy work-life balance. Flexible work schedules, including remote work options or modified schedules, can allow insurance adjusters to balance their professional and personal responsibilities better. Allowing employees to take time off for mental health days as needed can contribute to overall well-being. Although overtime may sometimes be necessary, insurance adjusters may become fatigued from being required to work consistently long hours. Organizations should closely monitor overtime and ensure adjusters have adequate time to rest and recover. Employers should encourage claims adjusters to disconnect from work during their time off completely. This disconnect means not checking email or answering work-related calls during their personal time. Establishing clear boundaries between work and personal life helps specialists avoid emotional overload and recharge. By promoting work-life balance, employers can create an environment where specialists feel supported professionally and personally. 

Promote a Positive Work Culture 

The overall culture of an organization plays a key role in how specialists experience and manage compassion fatigue. A positive and supportive work culture can serve as a buffer against the emotional demands of work. In contrast, a toxic or unsupportive culture can increase feelings of burnout and isolation. To create a positive work culture, organizations should focus on strategies that encourage open communication, recognize employees' efforts, and promote teamwork. Specialists should feel comfortable talking openly about their emotional challenges with their managers. A work culture that values transparency and open dialogue can help resolve issues like compassion fatigue before they become unmanageable. Recognizing and rewarding specialists for their hard work can boost morale and reduce feelings of emotional exhaustion. Whether through formal recognition programs or simple words of appreciation, recognizing specialists' efforts can go a long way toward maintaining emotional well-being. Creating a culture of collaboration rather than competition can help claims adjusters feel supported by their colleagues. When adjusters work together and share the workload, it reduces the personal burden of handling complex or emotionally difficult cases. By promoting a positive work culture, organizations can create an environment that helps prevent compassion fatigue and improves overall job satisfaction and performance. 

Addressing compassion fatigue requires a comprehensive approach that emphasizes individual and organizational strategies. Organizations can create an environment where adjusters can thrive by building emotional resilience, managing workloads, providing mental health support, promoting work-life balance, and fostering a positive work culture. These steps prevent emotional stress and empower adjusters to perform at their best while maintaining their well-being. 

The following article will explore long-term solutions to prevent compassion fatigue, looking at how organizations can create sustainable practices that support emotional health over time. 

Customer Stabs Laundromat Worker over Cleaning Delay

Liz Carey

Brooklyn, NY (WorkersCompensation.com) – A laundromat worker was one of several employees stabbed at work over the past few weeks when a customer got upset because his laundry wasn’t done on time.

Police said the female employee was working Monday, Sept. 16, at the Super Laundry in Bath Beach in Brooklyn when a customer entered the store looking for their $15.34 wash-and-fold order. When the order wasn’t ready, the customer allegedly jumped the counter and stabbed the worker, slashing her neck and arms.

First responders rushed the victim to NYU Langone Hospital Brooklyn. A co-worker said the woman lost a lot of blood.

The co-worker said the suspect got “mad” and “crazy” when his clothes weren’t ready on time. The co-worker said the laundromat had been busy and his order was still in the washing machine. She identified the suspect as a customer who comes to the laundromat every month or two, and whose mother lives across the street.

The suspect was later identified as Ali Ali. After fleeing the scene, police were able to track the man who was driving a stolen car. State troopers pursued the suspect until the car crashed and caught fire. Ali then fled on foot and was recorded by a trailcam.

Police located Ali in a wooded area on Sept. 20. After a confrontation with Ali, one trooper fired a gun which struck and killed Ali.

In Port Charlotte, Fla., a man is accused of stabbing a worker over a parking decal.

Officials said that deputies were called to the Port Charlotte Wawa where a maintenance worker for CRE Consultants was checking the store’s irrigation. While working the maintenance worker was approached by the manager of a nearby auto parts store. The manager told the worker that a silver Lexus RX had been parked in his parking lot for several days and he wanted it removed.

According to police reports, the worker placed a “no parking” decal on the car and started to fill out paperwork to remove it. Not long after, the worker was approached by Anthony Gooden. The report said Gooden told the worker to remove the sticker, but the worker said the car was on private property and could not stay on the lot overnight.

Reports said Gooden then started to yell at the worker, claiming he owned the property. The worker said he would call law enforcement to sort the issue out. When the worker reached for his pocket, Gooden pulled a small knife from his pocket and stabbed the worker in the chest and jaw. The two men began to fight and fell to the ground where the worker was able to kick Gooden off. When the worker tried to grab a knife from his pocket, his gun fell out instead.

Police said Gooden grabbed the gun and moved toward the worker who got into his truck to leave. The worker then watched Gooden move to the workers truck and shoot at him through his truck’s window. As the worker grabbed for a rifle from his backseat, Gooden allegedly started shooting through the back and front windows.

Gooden ran off, officials said.

When the dust settled, the worker had been stabbed in the stomach and jaw, as well as being shot in the back. Gooden had been shot at the top of his head, the base of his neck, and in his left shoulder, upper chest and rib cage.

Gooden was charged with two counts of aggravated battery with a deadly weapon, firing a weapon into a vehicle, larceny and discharging a firearm in public.

In Spokane, Wash., a man was arrested on Friday for stabbing a convenience store worker for refusing to serve him alcohol.

Police said the stabbing happened at Browne’s Addition when a man who appeared to be intoxicated asked an employee for alcohol. After employees confronted the man, he spat on one employee and stabbed the other in the hip.

Officials said the man fled the scene, but was eventually arrested and charged with second-degree assault. The employee who was stabbed was treated at the scene for non-life-threatening injuries.

And in Pismo Beach, Cal., a restaurant employee allegedly stabbed and killed a bartender on Sept. 19.

Officials said the bartender at Giuseppe’s was killed when an employee police identified as “Andrew” stabbed him. The bartender died at the scene, police said.

Although Andrew fled the scene, he later attempted suicide, police said. The employee survived the suicide attempt and was taken to a hospital where he was recovering. Police said he is expected to be arrested for murder after he is released from the hospital.

Nev. Top Court Rules Subrogees May Collect on Third Party Settlement Proceeds

Frank Ferreri

Case File

In overruling a precedent case, the Nevada Supreme Court granted that workers' compensation insurers may assess the total proceeds of a third-party settlement with an injured worker, regardless of whether the proceeds are economic or noneconomic. Simply Research subscribers have access to the full text of the court's decision.

Case

Amtrust North America, Inc. v. Vasquez, 2024 WL 4233423 (Nev. 09/19/24)

What Happened

A workers' compensation insurer intervened as a subrogee in a third-party lawsuit filed by an injured worker against multiple defendants in connection with injuries he sustained while in the course and scope of his employment. The worker and the defendants reached a settlement agreement, and the trial court determined that the insurer was not entitled to any portion of the settlement proceeds despite its having a workers' compensation lien.

The settlement amount was $400,000, and the insurer had paid workers' compensation benefits of $177,335.59. The settlement was allocated as follows:

(1) $83,577.22 for past medical.

(2) $316,422.78 for pain and suffering.

After the costs and fees were subtracted from the settlement amount, the worker was left with a net recovery of $193,706.71. At that point, the insurer had spent more than $50,000 in costs and fees.

The insurer appealed the district court's decision, which adjudicated the lien on the settlement proceeds at $0.

Rule of Law

Under NRS 616C.215(5), when a workers' compensation insurer pays benefits to an insured worker, an insurer may assert an interest against further recovery collected by the worker from a third party.

What the Nevada Supreme Court Said

Addressing the rights of an insurer following a settlement between an insured and a third party, Nevada's top court held:

(1) There is no requirement that an insurer intervene or participate in an injured worker's third-party claim to recover on a workers' compensation lien under NRS 616C.215(5).

(2) The formula from Breen v. Caesars Palace, 715 P.2d 1070 (Nev. 1986) was created in direct conflict with the controlling statute, so the court overruled Breen in favor of a "straightforward lien analysis under which the insurer's lien applies to recovery from any third parties for the covered injuries without an allocation of the injured employee's litigation fees and costs."

(3) Poremba v. Southern Nevada Paving, 388 P.3d 232 (Nev. 2017) was due to be overturned because NRS 616C.215(5) mandates that an insurer collect from the total proceeds of a recovery of an injured worker, including any portion allocated to noneconomic injuries.

The court noted that NRS 616C.215 does not require insurers to bear a portion of an injured worker's third-party litigation expenses. In reaching its decision, the court rejected the Breen and Poremba decisions as regulation workers' compensation liens, something that is the purview of the state legislature.

The Takeaway

In Nevada, when a workers' compensation insurer pays benefits to an insured, NRS 616c.215(5) provides that the insurer has a lien against the total proceeds of any recovery the insured may collect from a third party.


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