The News You Need for Nov. 18

Inclusive leadership, a Kentucky workplace tragedy, and the Son of Sam Law

Inclusive Leadership in Workers’ Compensation: Fostering Connection and Collaboration for Recovery?

Dr. Claire C. Muselman

Inclusive leadership is a style that emphasizes collaboration, open communication, and valuing diverse perspectives within a team. In the context of workers’ compensation, inclusive leadership encourages employers to view each injured employee as an essential, valued member of the organization, even during the challenging recovery period. This approach is particularly impactful in workers' compensation, as it ensures that the voices of injured employees are heard, respected, and included in decision-making processes that directly affect their well-being and reintegration into the workplace.?

By practicing inclusive leadership, employers create an environment where recovering employees feel supported, understood, and encouraged to participate actively in their recovery journey. Through thoughtful communication and collaboration, inclusive leaders can help injured employees maintain a solid connection to their workplace, reducing feelings of isolation and fostering a smoother, more successful transition back to their roles.?

Why Inclusive Leadership Works in Workers' Compensation?

Inclusive leadership has several unique advantages in the workers' compensation setting, where collaboration and mutual understanding are critical. This approach benefits the employer and the employee, promoting engagement, morale, and a shared sense of responsibility in recovery.?

• Empowering Employees through Inclusion: Inclusive leadership allows injured employees to actively participate in their recovery plan and return-to-work strategy decisions. When employees feel included, they are more likely to engage positively in the process, as they understand their perspectives and needs are genuinely valued. This empowerment inspires employees to be more motivated, optimistic, and committed to meeting recovery goals.?

• Enhancing Communication and Trust: Inclusive leaders prioritize open and transparent communication, ensuring employees feel safe sharing their concerns or feedback. This transparency builds trust and helps injured employees feel more secure in discussing their recovery progress, fears, or uncertainties with their employer. A strong communication channel fosters mutual respect and enhances the employer-employee relationship, contributing to a more supportive recovery environment.?

• Reducing Feelings of Isolation: Recovering from an injury can be a lonely experience for many employees. By fostering inclusivity, employers can help injured employees feel connected to their workplace and valued by their colleagues, reducing feelings of isolation. Inclusive leaders make a point to include injured employees in relevant team updates and meetings, reinforcing that they remain an integral part of the organization.?

• Encouraging Diverse Perspectives and Innovative Solutions: Inclusive leadership leverages the power of diverse perspectives, encouraging input from various stakeholders involved in the recovery process, including healthcare providers, supervisors, and the employees themselves. By inviting these perspectives, inclusive leaders often find creative solutions that better address the unique needs of each injured employee. This approach leads to more effective recovery plans and a smoother reintegration process.?

• Fostering a Positive and Collaborative Culture: When employers practice inclusive leadership, they contribute to a workplace culture that values empathy, collaboration, and respect. This positive environment benefits the recovering employee and inspires others, setting an example for inclusive behavior. A collaborative culture can also strengthen team dynamics, as employees feel encouraged to support each other through challenges.?

The Challenges of Inclusive Leadership in Workers' Compensation?

While inclusive leadership offers considerable benefits, it also comes with potential challenges, especially in workers' compensation's structured and often highly regulated realm.?

• Balancing Inclusion with Structure: Workers' compensation processes often require adherence to strict protocols and timelines, which may sometimes conflict with an inclusive, collaborative approach. For instance, when setting a return-to-work timeline, an inclusive leader could involve the injured employee in decision-making while ensuring that the timeline aligns with the company's policies and medical needs. This balance requires flexibility and clear communication to maintain structure and inclusion.?

• Managing Diverse Needs and Expectations: Inclusive leadership invites input from multiple perspectives, sometimes leading to conflicting opinions or expectations. For instance, healthcare providers, managers, and injured employees may have different ideas about the optimal return-to-work timeline or required accommodations. Inclusive leaders must find ways to mediate these differences to ensure that the final recovery plan reflects a shared vision and respects each stakeholder's perspective.?

• Risk of Over-Involvement: While inclusivity is valuable, there is a risk of over-involving employees in decisions they may feel unprepared to make, such as medical or financial aspects of their recovery. Inclusive leaders must recognize where employee input is beneficial and where providing guidance and expertise is more appropriate. For instance, an inclusive leader could involve the injured employee in decisions about their return-to-work plan but should not expect them to make complex medical decisions. Striking the right balance helps employees feel engaged without adding unnecessary stress to their recovery process.?

How Employers Can Effectively Navigate Inclusive Leadership in Workers' Compensation?

Inclusive leadership can create a supportive environment for injured employees if approached thoughtfully. Here are some strategies for applying inclusive leadership principles while navigating the complexities of workers' compensation:?

• Actively seek employee input. Encourage injured employees to share their thoughts, needs, and goals regarding their recovery and return to work. This engagement could involve asking questions like, "How are you feeling about your recovery timeline?" or "Is there anything specific you need to feel supported during this period?" Actively seeking their input fosters a sense of inclusion, showing that their perspective matters in decision-making. For example, an inclusive leader could schedule regular check-ins with the injured employee to discuss their progress and concerns.?

• Build transparent communication channels. Establish clear and open lines of communication, allowing employees to express concerns or ask questions without hesitation. This feedback may involve scheduling regular one-on-one check-ins, during which employees can provide updates on their recovery and discuss any new needs. Transparency in these conversations helps employees feel safe and valued, enhancing their trust in the process.?

• Collaborate with healthcare and support teams. Inclusive leadership in workers' compensation isn't limited to employer-employee interactions; it also involves collaboration with healthcare providers, human resources, and other support teams. Employers should facilitate a team-based approach, involving relevant stakeholders in discussions about the employee's recovery plan. This dynamic ensures that the employee receives well-rounded, comprehensive support.?

• Ensure clear role definitions. While inclusive leadership emphasizes collaboration, clearly defining roles and responsibilities is essential. Employers should communicate the boundaries of the employee's input, clarifying areas where their feedback is invaluable (e.g., accommodation preferences) and areas where professional guidance will lead. This clarity provides reassurance and confidence to the employee, allowing them to focus on areas where they can meaningfully contribute.?

• Celebrate milestones together. Inclusive leaders recognize the importance of celebrating small victories and acknowledging the employee's progress. Whether it's a medical milestone or a successful transition to light-duty work, celebrating these moments reinforces the employee's value and motivates them to continue their recovery journey. These celebrations instill a sense of hope and encouragement in the employee, showing that the organization shares the employee's achievements.?

Practical Applications of Inclusive Leadership in Workers' Compensation?

Inclusive leadership can provide powerful benefits for injured employees and the broader organization. Here are practical steps employers can take to implement this approach effectively:?

• Conduct "Recovery Checkpoints": Set up regular "recovery checkpoints" where the employee, supervisor, and other relevant parties discuss the employee's progress and any adjustments needed. These checkpoints create an opportunity for shared input, empowering employees while ensuring alignment with their recovery plan.?

• Develop a Flexible Return-to-Work Plan: Work collaboratively with the injured employee to design a return-to-work plan that respects their unique needs and preferences. This approach could include flexible work hours, modified duties, or gradual reintegration based on the employee's readiness. Involving the employee in this process helps them feel in control and supported, increasing their commitment to the plan.?

• Encourage Peer Support: Encourage colleagues to support their recovering team members to foster a culture of inclusivity within the broader team. Simple gestures, such as welcome-back messages or team check-ins, help the injured employee feel connected and valued, reducing feelings of isolation. Peer support strengthens team morale and reinforces the organization's commitment to inclusivity.?

• Provide Resources for Emotional and Social Support: Inclusive leaders recognize the importance of physical and emotional well-being in recovery. Employers can offer resources, such as mental health support or peer groups, to help injured employees address emotional challenges. Inclusive leaders demonstrate their commitment to the employee's overall well-being by acknowledging the holistic nature of recovery.?

• Encourage Feedback on the Recovery Experience: After an employee has returned to work, ask for feedback on their recovery experience and how the organization could improve. This feedback empowers the employee and provides valuable insights for refining the workers' compensation process. Acting on this feedback demonstrates the organization's commitment to continuous improvement and inclusivity.?

Supporting Long-Term Success through Inclusive Leadership?

Inclusive leadership significantly benefits the long-term success of employees and the organization. When employees experience a recovery process that respects and values their input, they are more likely to feel loyal, engaged, and motivated to contribute positively upon their return.?

• Strengthening Employee Engagement: Inclusive leadership fosters engagement by making employees feel valued and understood. When injured employees feel included, they are more likely to return to work with a positive outlook and a renewed commitment to the organization.?

• Building a Culture of Inclusivity: Employers who apply inclusive leadership in workers' compensation reinforce a culture of empathy, respect, and collaboration. This culture permeates beyond recovery, influencing everyday interactions and contributing to a healthier, more cohesive workplace.?

• Fostering Resilience and Mutual Respect: Employees who feel supported during difficult times develop resilience and a strong connection to the organization. This sense of respect and trust builds resilience, empowering employees to navigate future challenges with confidence and a collaborative spirit.?

Inclusive leadership offers a powerful approach to supporting injured employees within the workers' compensation system. It fosters a sense of belonging, empathy, and collaboration. Employers can create an environment where everyone feels valued and connected by including employees in decisions that affect their recovery.?

In our final article in this series, we will discuss how applying these leadership theories creates a comprehensive framework for claims adjusters and employers to support injured workers effectively throughout recovery. By integrating these leadership styles, we can elevate the entire workers' compensation experience for everyone involved.?

Two Dead Following Louisville Plant Explosion

Liz Carey

Louisville, KY (WorkersCompensation.com) -- Hours after a factory exploded last week, first responders found the body of a worker they previously thought had been evacuated.

On Nov. 11, multiple workers were injured in the blast at the Givaudan Sense Colour facility. Originally, officials said no one was killed in the explosion, but later officials determined one worker died from their injuries at the hospital. Another was found in the rubble hours later.

The explosion happened around 3 p.m. and was felt as far away as Jeffersonville, Ind. Twelve people were taken to area hospitals. One was in critical condition and later died, officials said.

“We’d been told by the business that all employees were accounted for,” Louisville Mayor Craig Greenberg said in a news conference. “Tragically, that was not the case.”

Brian O’Neill, chief of the Louisville Fire Department, said firefighters searched everywhere they could search in the aftermath of the explosion and found nothing. Givaudan originally told local officials that all of the employees were accounted for, but that wound up being false O’Neill said. Firefighters went back into the rubble and searched again, where they located the second victim. O’Neill said it took nearly 3 ? hours to get the victim out of the rubble.

“We are grieving with the families, friends, and loved ones of those that were lost and injured during this very difficult time,” representatives with Givaudan said.

The company said the confusion was due to “the extent of the explosion,” which forced them to evacuate workers to two different sites, a spokesperson told CNN.

“There was a miscommunication between the teams at the two locations when cross-referencing the staff list with those being transported to local hospitals. This initially led us to believe that all individuals were accounted for,” spokesperson Jeff Peppet said. “When it became clear this was not the case, we immediately coordinated with EMS at the site who re-initiated search and rescue operations.”

City officials said their thoughts were with the victims.

“I want the families of the victims to know the hearts of all Louisvillians are with them, and this city stands united with them as they face the difficult days, weeks, months, and years ahead,” Greenberg said in a post on X.

Some of the injured were transported to local hospitals. Dr. Jason Smith, with the University of Louisville Hospital Trauma Center, told the media that the trauma center had received seven patients, one of whom was the first victim. The other six patients were either stable or were treated and released. Greenberg said the employees with the most serious injuries were taken to the trauma center and those with less serious injuries were taken to other area hospitals.

Hospital officials said those injured in the blast underwent decontamination procedures before being transported to the hospital. All of the injuries, Smith said, were related to the blast itself and not with any air quality or other chemical contamination issues. Officials said there have been no air quality issues noted since the blast and that firefighters and the city will continue to monitor for any toxins in the air.

As of Thursday, the cause of the blast was still unknown. Officials evacuated a block and a half of homes near the scene because of their blown out windows. The area also experienced a power outage, but power was restored shortly after the scene was cleared, officials said.

The Louisville Fire Department is investigating what it called a “large scale incident” involving hazardous materials. Officials told residents affected by the blast not to touch debris that remains until investigators have had time to look at it for clues. The fire department will be assisted by several agencies including the Bureau of Alcohol Tobacco and Firearms and OSHA.

“We don’t have any reason to believe at the moment that there was any type of nefarious activity,” said Shawn Morrow of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

It’s not the first time the plant has been the site of an explosion.

In April 2003, according to a report from the US Chemical Safety and Hazard Investigation Board, the facility had a fatal explosion while under different ownership. In that explosion, a “process vessel became over pressurized” at the DD Williamson & Company released 26,000 pounds of aqueous ammonia into the air and sent debris flying into the air.

That blast killed 44-year-old worker Louis Perry, and forced 26 residents to evacuate and 1,500 people to shelter in place. Authorities do not believe this week’s explosion involved the same materials as that blast.

Did Son of Sam Law Bar Convict from Spending Workers’ Comp Settlement?

Chris Parker

What Do You Think?

New York, NY (WorkersCompensation.com) -- Generally, individuals and entities seeking to collect a debt cannot access an employee’s workers’ compensation benefits. But does that apply to crime victims seek monetary compensation from convicted criminals?

Consider the case of a man convicted of murder in 2022 and sentenced to prison. Prior to that conviction, he obtained a $41,000 workers’ compensation settlement. He was later resentenced and transferred to another facility, along with his remaining settlement funds – $28,000.

The New York State Office of Victim Services, on the victim’s behalf, filed an injunction asking the court to bar the convict from spending all but $1,000 of the funds. The office brought its action under Executive Law § 632-a, commonly called the Son of Sam Law.

The court explained that the Son of Sam Law, which is intended to help crime victims obtain compensation, allows victims or their representatives to sue the convicted criminals who harmed them when the criminals receive substantial sums of money from virtually any source and protect those funds while litigation is pending. The law, however, allows the convict to keep the first $1,000.

Could Victim Services stop the convict from using the funds?

A.?No. The funds did not represent profit, such as money made of a book deal.

B. Yes.?The law pertains to funds from virtually any source.

If you selected B, you agreed with the court in Matter of the New York State Office of Victim Services v. Johnson, No. CV-23-1131 (N.Y. App. Div. 11/07/24), which held that the petitioner had access to the settlement funds.

The court pointed out that the law was originally directed solely at profits from a crime. In 2001, however, the Legislature amended the law to allow a crime victim to seek recovery from “funds of a convicted person,” which includes “all funds and property received from any source by a person convicted of a specified crime."?

“Given this background, [the convict’s] settlement funds are subject to restraint and recovery under the Son of Sam Law even though he acquired them before his conviction,” the court wrote.

The court rejected the convict’s argument that the workers’ compensation law shields the settlement funds from restraint and recovery.?

The court acknowledged that workers' compensation benefits, including the settlement funds, are exempt from creditors’ claims pursuant to Workers' Compensation Law § 33.

“However, the later-enacted Son of Sam Law, as amended in 2001, does not include workers' compensation benefits in its list of carve-outs,” the court wrote. Concluding that the omission was intentional, the court stated that the Son of Sam Law supersedes Workers' Compensation Law § 33.