Cavalcade of Risk; kudos; perverse incentives; legal nooks and crannies

May 8th, 2008 by Julie Ferguson

Cavalcade of Risk is being hosted by Spencer Hill at Hill’s Personal Finance Blog. He’s got a good roundup of posts on a variety or risk-related matters from business to personal exposures – check it out!
Kudos – Congratulations to Michael Fitzgibbon for his five year “blogiversary” at Thoughts From a Management Lawyer, a blawg (or law blog) that offers discussion and commentary on Canadian labour and employment law matters. Michael is one of the pioneer law blogs who saw the value in blogging before most did. We’ve always found his blog to be a good read and an inspiration, to boot. Now if only we could get him to spell “labour” correctly – that’s not in our spell check!
Perverse incentives – Nick Avgerinos of discusses the matter of when safety incentive programs are a disincentive to timely claims reporting. When coworkers are eager to claim a record or earn a prize for the most consecutive injury-free days, it can result in negative peer pressure for an injured worker. As an employer, it’s always in your best interest to have any injuries reported as soon as possible – make sure you don’t have any programs that conflict with that goal.
Legal nooks and crannies – At The Buckley-Brown Blog, Catherine Dellinger Buckley looks at the workers compensation complexities in a Georgia case where a woman was shot and killed by a co-worker during her lunch hour. If a spurned spouse or a random stranger who walked in off the street had shot the employee, it would not be likely to be compensable, as Ms. Buckley notes – at least not without some mitigating factors. But this scenario is one with a lot of potential legal hooks: it involved a co-worker (albeit a temporary worker) and it occurred on company property during lunch. In some states, injuries that occur on operating premises hold great weight; under some laws, lunch might fall under the personal comfort doctrine; or if the deceased employee was engaged in some business pursuit during her lunch or was in any way furthering the employer’s business, her death may be compensable.