Oklahoma governor outmaneuvers Senate; North Carolina measure advances

We most recently updated our coverage of the Illinois’ workers’ comp hullabaloo in this post.

‘Blow up bill” still in play despite progress toward compromise

Since then, there’s been progress, of sorts; from a May 26 piece at PressMentor.com:

After months of negotiations, breakdowns and false starts, state business groups and legislators have a tentative agreement to reform Illinois’ workers’ compensation system, though the lead House negotiator says there is still work to be done.

“We have two options: We have this compromise agreement that is moving closer to having something that we can move forward with, and we have the blow-up bill,” Rep. John Bradley, D-Marion, said Thursday.

“Those are both viable options, and we intend to pass one of those two before the end of session,” he said. (The “blow-up bill” is Bradley’s alternative proposal to abolish the entire workers’ comp system in Illinois, leaving decisions on individual workplace injuries up to the courts.)

Supporters say measure could save $500 million

A May 27 account in the Chicago Tribune adds, “Illinois businesses would save about $500 million but give up on their biggest demand under a worker’s compensation overhaul that key lawmakers called a tentative deal Thursday.

“The plan includes a 30 percent reduction in the rates businesses pay to physicians, uses nationally recognized standards for determining an injury’s severity and creates a medical network for handling workplace injuries.

Idea dropped to “prove” injuries are work-related

“It would not require employees to prove injuries are directly related to their jobs, a demand businesses had made through months of negotiations.”

Legislators describe the status as a “delicate balance” and emphasize that nothing is final, yet. However, it seems as though Bradley’s House Speaker Michael Madigan’s support of the so-called “nuclear option” has spurred serious compromise, which is much needed in the state with the costliest workers’ comp premiums in the nation.

Governor’s vetoes delayed until too late for Legislature to reconvene

In Oklahoma, according to a May 27 Tulsa World report, the governor has pulled an end-around concerning a contentious workers’ comp bill:

Gov. Mary Fallin vetoed five bills Thursday, thwarting a possible override on a contentious workers compensation “trailer bill” by withholding action until it was too late for the Legislature to reconvene before Friday’s constitutional deadline to adjourn.

Fallin signed 38 bills.

The workers comp measure, Senate Bill 761, would have changed the payment schedule agreed to in an earlier bill in a way that would have generally favored physicians who provide medical equipment such as crutches and wheelchairs and implants such as artificial joints.

Legislators didn’t make it easy for governor

As reported May 28 in The Oklahoman:

Thursday was the last day for Fallin to act on bills passed this session. Legislators ended their business last week, but didn’t adjourn. The session will end officially at 5 p.m. Friday.

Legislators finishing their business last week made it more difficult for the governor to silently veto legislation.

Because the session isn’t adjourned officially until Friday, Fallin accomplished the rare feat of getting her work done before lawmakers. She had no choice.

When legislators are in session, Fallin has five days to sign a bill. If she doesn’t sign it, the measure becomes law. She has 15 days to sign a bill when lawmakers are out of session. If she doesn’t sign it, the bill does not become a law; that action is often called a pocket veto.

North Carolina proposal clears House

We have updates on the proposed changes in North Carolina, too. From a May 27 piece at Forbes.com, “An agreement on changes to rules governing North Carolina workers’ compensation claims cleared a House committee on Thursday.

“The panel voted to recommend a bill its chief sponsor said followed weeks of negotiations with groups representing employers, employees and the state. Rep. Dale Folwell of Winston-Salem says the agreement will protect workers, compensate the injured and encourage people to return to work.

Total disability payments capped

“The bill caps temporary payments for a totally disabled worker at nearly 10 years. The current law has no cap, which Folwell said places North Carolina at a competitive disadvantage. The bill also raises the maximum time for wage benefits for the partially disabled and for death benefits.”

‘Advocates’ say important rights preserved

ProtectingInjuredWorkers.com has some background info:

Attorney Gina Cammarano, who is a North Carolina State Bar Board Certified Workers’ Compensation Specialist, as well as a former Special Deputy Commissioner at the North Carolina Industrial Commission, said, “The NC Chamber fought hard and won major concessions, and yet the common ground preserved in the consensus bill allows North Carolinians to retain a fair workers’ compensation system.” Cammarano and Hank Patterson, representing the AFL-CIO, spearheaded extensive negotiations on behalf of the North Carolina Advocates for Justice and its members who represent injured workers from across North Carolina. Throughout negotiations, NCAJ supported changes to the existing law that:

• Incentivize people to return to suitable employment;
• Protect the most seriously injured workers at a cost reasonable for business; and
• Retain a fair approach toward injured workers and employers.

Dick Taylor, of NCAJ, said, “Many may feel that the bill does not go far enough to reduce costs and others will feel the provisions fall short of protecting the interests of injured workers, but in times such as these all sides made compromises, and overall we feel the changes preserve the backbone of our Workers’ compensation system that pays fair compensation to injured workers at a reasonable cost to the employers.”

We can help you find an attorney

Frequently enough, a worker’s compensation case may be so complex as to demand legal representation. However, sometimes what seems like a cut-and-dried situation to an injured worker may result in a smaller award than envisioned–or even a denial. Have you, a friend or a loved one been injured on the job? Whether you’re merely seeking answers about your rights or believe a lawsuit may be necessary, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:

Workers compensation basics

Injury on the job

NFIB plans to expand discount rates to more states

According to an April 25 press release an Ohio steel company has won awards for workplace saftey, dating back to 2008: “AK Steel said Monday its manufacturing plants in Coshocton and Zanesville have been recognized for outstanding safety performance by the Ohio Bureau of Workers’ Compensation’s division of safety and hygiene.

“The company’s Coshocton facility received the Group Award for Safety for having the lowest incident rate in its industrial group for 2010, AK Steel officials said.

100 percent Award for Safety

“Additionally, the plant also received the 100 percent Award for Safety for operating all of last year without any lost-time injuries or illnesses and the Special Award for Safety for working more than 2.4 million hours without a lost-time injury between Feb. 20, 2008, and Dec. 31, 2010.

No lost time due to injuries or illnesses

“[Furthermore] AK Steel’s Zanesville Works received the 100 percent Award for Safety for operating last year without any lost-time injuries or illnesses. It also received a special award for safety for working 3.5 million hours without a lost-time injury between April 21, 2003 and Dec. 31, 2010.

“James L. Wainscott, chairman, president and chief executive of AK Steel, said the company was honored by the recognition, which reflect the company’s ‘culture of safety.’”

California employers scramble to find new workers’ comp coverage after Mainstay’s certificate revoked

On the left coast, California workers’ comp is in something of a shakeup.

According to an April 25 piece in Central Valley Business Times, “Employers who buy their workers’ compensation through Mainstay Business Solutions are being urged to immediately find another source of coverage because the California Department of Industrial Relations has revoked Mainstay’s certificate of consent to self insure.

“It says it took the action due to Mainstay’s inability to pay benefits to injured workers. Mainstay’s existing workers comp claims are now being paid by the California Self Insurers’ Security Fund. The Department of Industrial Relations had earlier said that they were being paid by the State Compensation Insurance Fund.”

Even one employee requires workers’ comp

Unlike some states, the story explains, “All California employers, even those with only one employee, are required by law to have workers’ compensation insurance coverage. It can be purchased from a commercial insurance company or from the State Compensation Insurance Fund.”

$4.7 million deficit

The certificate was pulled by The Department of Industrial Relations’ office of Self-Insurance Programs (DIR/SIP) on April 18 following “a partial audit” that revealed a deficit of $4.7 million, indicating  Mainstay’s claims were under-reserved by at least $2-$3 million, according to DIR.

Bureau revises premium rate hike to–gulp–40 %

Another April 25 article, in the North Bay Business Journal, says “The body that oversees and makes recommendations on [California] workers’ compensation rates recently submitted a filing of cost drivers, a move that could be the first step before it recommends brokers raise premium rates by as much as 40 percent.

“But while the Workers’ Compensation Insurance Rating Bureau mulls over making the recommendation on premiums, insurance executives in the North Bay said that although rates may still increase, they likely would not be near the rate that the bureau has recommended.”

Earlier in the year, the bureau had recommended an increase of 27 per cent in the “pure premium rate,” but then this month revise the figure to 39.8 per cent, citing “the rising costs of medical care.”

The article quotes various experts and insiders saying such a large, “hair-on-fire” rate increase is unlikely, given the potential for political fallout, but that employers should definitely expect an increase of at least 10 per cent.

NFIB says its members enjoy discounted rates, plans to expand into more states in the coming year

By way of contrast, one company claims to be providing discounted rates in ten states, with plans to expand to more states this year, having recently extended the program to members in four states. According to a press release, “The National Federation of Independent Business (NFIB) today announced it has extended discounted workers’ compensation coverage benefits to its members in Indiana, North Carolina, Virginia and Missouri through EMPLOYERS®, America’s small business insurance specialist®.

“EMPLOYERS currently offers NFIB members discounted workers’ compensation coverage in 10 states with plans to expand the program to additional states later this year. The NFIB named EMPLOYERS its provider of choice due to the carrier’s focus and expertise as a specialty writer of workers’ compensation insurance for small businesses.

“Depending on the state, qualifying NFIB members are eligible to receive either a 5 percent discount or a 5 percent flat dividend on workers’ compensation insurance policies with EMPLOYERS, in addition to other discounts or dividends offered by EMPLOYERS. Members can access this valuable benefit through EMPLOYERS-appointed independent agencies.”

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Frequently enough, a worker’s compensation case may be so complex as to demand legal representation. However, sometimes what seems like a cut-and-dried situation to an injured worker may result in a smaller award than envisioned–or even a denial. Have you, a friend or a loved one been injured on the job? Whether you’re merely seeking answers about your rights or believe a lawsuit may be necessary, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:

Workers compensation basics

Injury on the job

Filing a claim

Supporters of N. Carolina proposals hope to cut TTD benefits

Last time we mentioned workers’ comp problems in Maine but focused on the legislative battle in Washington state. Today we’ll look at Maine and North Carolina.

An April 14 article in The Portland Press Herald says, “Firefighters, police officers and other first responders turned out for a public hearing Wednesday to oppose a bill that would curb eligibility for permanent coverage for mental illnesses under Maine workers’ compensation law.

Bill’s author: it’s needed to cut litigation, ‘unreliable’  claims

“State Rep. Kerri Prescott, R-Topsham, who proposed L.D. 1065, said it is needed to reduce litigation and avoid ‘unreliable’ workers’ comp claims.

“The measure, which came before the Legislature’s Labor, Commerce, Research and Economic Development Committee, was supported by the Maine State Chamber of Commerce, the Workers’ Compensation Coordinating Council and the Maine Council of Self-Insureds.”

One case involves officer who found girl killed in oven

Another April 14 piece is at the Maine Public Broadcasting Network (where you can also listen to a four-minute audio file of the original broadcast):

Businesses and insurers have long been critical of Maine’s workers’ compensation law, which they say is burdensome, and vulnerable to frivolous claims. Now with a governor who said in his inaugural speech he wants to bring down workers’ comp costs, and Republicans in control of the Legislature, supporters of efforts to restrict the law are hopeful. But labor leaders and workers, from EMTs and police officers, to mill and steelworkers, are fighting hard against these bills.

“I did my job and I did it right,” says Bill Fournier, a former Auburn police officer whose life went into a tailspin after he began working on the 1984 Angela Palmer case. Fournier was among the first to find the little girl burned to death in an oven by her mother’s boyfriend.

Fournier told the Legislature’s Labor Committee that a bill to deny permanent worker’s comp coverage for emotional injury is wrong. He was denied worker’s comp, and says he suffer nightmares and flashbacks to this day.

“One particular incident: My wife who was a school teacher for Auburn school department was sitting down correcting papers in the living room. She heard a commotion in the dining room, which was me–screaming. I had my service revolver loaded at my head and the handle was cocked,” Fournier testified.

Injured workers deserve full treatment

It’s too obvious to much discuss that soldiers deserve treatment for the shock and stress of war. It seems obvious that workers could face similar damages from their jobs, especially  emergency workers such as police, firefighters and EMT personnel. A vote is supposed to be scheduled in a few weeks.

Business lines up against worker advocates in N. Carolina

In North Carolina, workers and business leaders have teed off on similar issues, invoking language similar to the Maine controversy. From an April 25 account at Insurance Journal: “Business groups last Thursday praised proposed legislation that changes workers’ compensation laws in ways that lower employer costs, while workers and the lawyers who represent them complained the victims of workplace accidents could be cut off from their only income.

Trying to stop ‘open-ended, lifelong’ claims

“Employers want to limit a system that now has the potential to turn a workplace injury, no matter who was at fault, into ‘a multi-million-dollar event with no legal means to ever end or settle the open-ended, life-long claim. This is not what good and fair workers compensation systems do around the country and it should not happen here,’ said Bruce Clark, president of Capital Associated Industries, which advises companies on employment issues.”

Worker advocates concede that some cheats try to game the system but maintain that insurers do, too,  by forcing injured workers on a carousel of doctor visits, shopping for the cheapest diagnosis.

As proposed, the measure supported by business would extend some benefits: death-benefit payments for dependents from 400 weeks to 500 weeks and burial benefits that max out at $10,000-the first increase in years.

TTD eligibility would be capped

However, TTD (so-called temporary total disability) eligibility would be greatly diminished: injured workers in North Carolina are eligible for lifetime awards in severe cases, but the proposal would cap TTD at slightly more than nine and a half years.

Stop fraud, not earned benefits

We deplore any act of fraud against the system, whether it be committed by the worker, the medical provider, the company, the commission or the insurance carrier. But the whole point of workers’ compensation is to provide treatment for injured workers. In return, companies in compliance don’t get sued for workplace injuries.

If workers aren’t going to be covered, fully covered, then why should businesses get to keep full immunity from lawsuits?

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Frequently enough, a worker’s compensation case may be so complex as to demand legal representation. However, sometimes what seems like a cut-and-dried situation to an injured worker may result in a smaller award than envisioned–or even a denial. Have you, a friend or a loved one been injured on the job? Whether you’re merely seeking answers about your rights or believe a lawsuit may be necessary, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:

Workers compensation basics

Injury on the job

Filing a claim

Charlotte workers who have been injured at work may be eligible to receive medical benefits and lost wage compensation under North Carolinas workers’ compensation. Workers compensation eliminates the need for workers who suffer an injury at work to file a personal injury lawsuit to receive compensation for their work injury. North Carolina employers, without accepting liability or claiming negligence, avoid an expensive protracted lawsuit by paying the injured employee limited monetary benefits.

Not all work injuries are covered by workman’s compensation. Work injuries which are covered must have occurred while the employee was engaged in their regular job duties and while performing them in the required manner. Work injuries which are the result of drug or alcohol intoxication or horseplay are not covered. Work injuries which occur while travelling to and from work or during voluntary, recreational work activities also may not be covered.

There are a variety of work injuries or occupational diseases which are covered by workers comp insurance. Some of the most common are:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpel Tunnel
• Diseases caused by inhalation of chemicals or other toxins

Charlotte Workers Compensation Benefits

• Medical Benefits – Charlotte workers who sustain an injury at work are entitled to medical benefits. The Charlotte employer is responsible for paying all medical costs which can include: doctor’s bills, surgical costs, medications and rehabilitation services.
• Vocational Rehabilitation Services- If a Charlotte worker sustains an injury at work and is unable to return to their job, they may receive certain types of vocational rehabilitation services which can help them find another job which they can do given their current work capabilities.
• Temporary Total or Temporary Partial Disability Benefits – Temporary total disability payments can be awarded if the injured employee is unable to work at all for a specific period of time. Work injury compensation for total disability payments is 66 2/3% of the workers average weekly earnings. There is a minimum and maximum allowed under North Carolina’s workers compensation law. If an employee is allowed to return to their job, but because of their disability, they are on restricted duty, workers compensation may award temporary partial benefits.
• Permanent or partial disability – If a work injury causes a permanent disability or if the worker loses the function of a specific body part, work injury compensation is paid according to a schedule as outlined by North Carolina’s workers compensation law. If the work injury causes severe disfigurement to the face, head or damage to vital organs the worker may receive additional work injury compensation.
• Death Benefits – Dependents of a Charlotte worker who dies from a work injury or occupational disease may be eligible to receive workman’s compensation for death benefits which equals 66 2/3% of the workers average weekly wage. Benefits are generally paid for 400 weeks, but for spouses (meeting certain requirements) they may be paid until death or remarriage and for minor children they may be paid until the child reaches age 18. Funeral benefits are also allowed up to $2,000.

Do I Need a Charlotte Worker’s Compensation Attorney?

Charlotte workers who suffer an injury at work have the choice of filing their workers compensation claim themselves or hiring a worker comp attorney to help. Unfortunately, Charlotte employers, who may be more focused on company costs and less on the worker’s welfare, will have their own work injury lawyers helping them.

Charlotte workers who have suffered discrimination or harassment due to the work injury or who have been injured by a third party may want to contact a worker’s compensation lawyer.