The Ethical Imperative: Human Behavior in Workers’ Compensation Cases Part 2

25 Aug, 2024 Claire Muselman

                               
The Challenge of Accountability in Workers' Compensation, Part 2 of 10

As we continue our exploration of ethics in workers' compensation, we must confront one of the most important and often misunderstood aspects of ethical practice: accountability. In workers' compensation, accountability is a cornerstone supporting our every decision and action. Yet, it is also one of the most difficult ethical principles to adhere to consistently. 

Understanding Responsibility 

At its core, accountability means taking responsibility for our actions and decisions. It requires us to assume the consequences of our choices, whether these consequences are positive or negative. In the workers' compensation industry, this affects not only the professionals who handle claims but also injured workers, employers, medical providers, and even the legal systems that shape the outcome of cases. Each stakeholder has a role to play, which comes with responsibility. 

Holding ourselves or others accountable often produces a defensive response. This response is deeply ingrained in our human nature, as responsibility can be felt as a threat to our self-image or professional integrity. Faced with the prospect of being held responsible, people may resort to various defense mechanisms—rationalization, blame-shifting, or emotional detachment—anything that avoids the discomfort of admitting fault. 

Defensive Barriers to Accountability 

These defensive behaviors are not simply ethical lapses but fundamentally human reactions. We all have an innate need to protect ourselves from perceived threats, and liability may be one of those threats. Fear of making a mistake, suffering consequences, or harm to one's reputation can lead to behaviors that undermine ethical practice. In the context of workers' compensation, this can manifest in several ways: 

• Rationalization: This is convincing oneself that a questionable action was justified. For example, an insurance adjuster may minimize the severity of an injury because he believes the employee exaggerated the incident. By rationalizing his decision, he avoids the discomfort of recognizing that he may have been too harsh or negligent. 

• Shifting responsibility: Instead of accepting responsibility, individuals may attempt to shift the blame onto others. This shift in responsibility may include blaming an injured worker for failing to follow safety protocols, even if the root cause of the injury was inadequate training or equipment provided by the employer. 

• Emotional detachment: Some professionals may distance themselves from the human aspects of the cases they handle to avoid the emotional burden of responsibility. This detachment can lead to decisions that lack empathy and do not consider the overall impact on the injured worker. 

The Importance of Creating an Accountable Environment 

Accountability doesn't just mean identifying those at fault; it's about fostering an environment where everyone feels responsible for their role. In the workers' compensation industry, this means creating a culture where liability is not viewed as a punitive measure but as an opportunity for growth, improvement, and ethical practice. 

The first step in creating such an environment is recognizing the vulnerability that often comes with responsibility. For example, injured workers may resist taking responsibility for their healing process because they feel helpless or resentful of their employer, insurance adjuster, or medical providers. This resistance may come from a loss of autonomy: when a person feels he has no control over his situation, he may have difficulty playing his part in his recovery. 

As professionals, leaders, and influencers in the workers’ compensation claim realm, it is our responsibility to approach the issue of accountability with empathy. Rather than imposing accountability as a form of punishment or criticism, we can view it as a collaborative process to achieve the best possible outcome for everyone involved. This level of accountability requires us to be transparent, communicative, and collaborative, helping all parties understand their responsibilities and the impact of their actions. 

Empathy as a Tool to Encourage Accountability 

Empathy plays a key role in promoting a culture of accountability. When we view situations with empathy, we can better understand the underlying feelings and motivations that drive people's behavior. This understanding can help us manage defensive reactions and guide individuals toward more constructive approaches to accountability. 

Suppose an injured worker hesitates to follow his treatment plan rather than immediately labeling him non-compliant. In that case, we can understand his perspective. Is he afraid of the potential consequences of returning to work? Is he sad that he didn't fully communicate? By connecting with him in an empathetic way, we can help him understand the importance of taking responsibility for his recovery and working collaboratively to find solutions. What happens when we seek to understand, to look for the root cause, and put some understanding behind the hesitation? Empathy can help adjusters and other professionals recognize their own defensive behavior as part of the claims management process. By fostering an environment where it is safe to admit mistakes and learn from them, we encourage a more honest and ethical approach to decision-making. 

Responsibility and Ethical Decision Making 

The interrelationship between accountability and ethical decision-making is where the true complexity of workers' compensation becomes apparent. Every decision we make has consequences not only for the immediate case in question but also for the larger system and its people. When accountability is absent, the quality of these decisions suffers, leading to outcomes that may be legally correct but ethically questionable. 

Consider the scenario where a specialist feels compelled to close cases quickly due to organizational requirements. If specialists prioritize speed over rigor, they risk missing important details that could affect the injured worker's recovery. In such a situation, the specialist may rationalize their actions by blaming external pressures. However, this does not absolve them of the ethical responsibility to provide the best care. Accountability must be embedded at all decision-making levels to avoid such ethical pitfalls. This pitfall avoidance means that we must hold ourselves and others to a standard that prioritizes the well-being of injured workers, even if it requires more time, resources, or difficult conversations. 

Create a Culture of Accountability 

To create a culture of responsibility within an organization, leaders must commit to setting an example and upholding these values. Leaders must be willing to hold themselves accountable first and foremost by modeling the behaviors they expect from others. This level of accountability can include admitting their mistakes, being transparent about decisions, and fostering an environment where feedback is encouraged and valued. 

Training and education are also essential to creating a culture of accountability. By providing ongoing opportunities for professionals to understand ethics, emotional intelligence, and responsibility, organizations can equip their teams with the tools they need to tackle the complex ethical landscape of compensated work accidents. Recognizing and rewarding people who take responsibility for their actions, even when difficult, reinforces the value of responsibility and encourages others to do the same. 

Moving Forward 

Accountability is a cornerstone of ethical workers' compensation practice, but it's also one of the most difficult principles to maintain. By recognizing defensive behaviors that can hinder accountability and fostering a culture built on empathy and shared responsibility, we can develop an environment where ethical decision-making is the norm. 

Throughout this series, we'll examine the ethical dimensions of our work more closely, including the essential role of emotional intelligence in guiding our decisions. Together, we can build a more ethical, responsible, and compassionate field that truly respects the needs of injured workers and the professionals dedicated to their care. 

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About The Author

  • Claire Muselman

    Meet Dr. Claire C. Muselman, the Chief Operating Officer at WorkersCompensation.com, where she blends her vast academic insight and professional innovation with a uniquely positive energy. As the President of DCM, Dr. Muselman is renowned for her dynamic approach that reshapes and energizes the workers' compensation industry. Dr. Muselman's academic credentials are as remarkable as her professional achievements. Holding a Doctor of Education in Organizational Leadership from Grand Canyon University, she specializes in employee engagement, human behavior, and the science of leadership. Her diverse background in educational leadership, public policy, political science, and dance epitomizes a multifaceted approach to leadership and learning. At Drake University, Dr. Muselman excels as an Assistant Professor of Practice and Co-Director of the Master of Science in Leadership Program. Her passion for teaching and commitment to innovative pedagogy demonstrate her dedication to cultivating future leaders in management, leadership, and business strategy. In the industry, Dr. Muselman actively contributes as an Ambassador for the Alliance of Women in Workers’ Compensation and plays key roles in organizations such as Kids Chance of Iowa, WorkCompBlitz, and the Claims and Litigation Management Alliance, underscoring her leadership and advocacy in workers’ compensation. A highly sought-after speaker, Dr. Muselman inspires professionals with her engaging talks on leadership, self-development, and risk management. Her philosophy of empathetic and emotionally intelligent leadership is at the heart of her message, encouraging innovation and progressive change in the industry. "Empowerment is key to progress. By nurturing today's professionals with empathy and intelligence, we're crafting tomorrow's leaders." - Dr. Claire C. Muselman

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