Create a Federal Worker's Compensation Law that will give the injured worker a fair deal
Replace the current state worker's compensation laws with a Federal Standard that does not allow the Insurance Companies to play games with injured workers.
The worker's of this country are having their right to litigate stolen from them by the current worker's compensation laws. Congress needs to enact a Federal worker's compensation law that will stop the Insurance companies from adding insult to the injuries that worker's have already suffered. Under most state's current worker's compensation laws an Insurance company can stop all benefit's to an injured worker on a claim merely by having the worker undergo one Independent Medical Exam (IME) that is anything but independent. As currently written the workers compensation laws then make the injured worker file to the workers compensation system for relief, a process that can take months at the end of which the Insurance company will just appeal the Magistrate's ruling and start the entire appeal process over again.
The Insurance companies exploit the system, clog up the court calendars and leave injured workers with nothing.
Since there are no real penalties in the workers compensation system the only expenses that the Insurance company is liable for are the court costs and their attorney's fees, if they lose they don't even have to pay for the worker's attorney the worker pays that out of the monies that they receive that they should have been getting all along.
Why do the Insurance companies do this? MONEY Once the Insurance company determines that an injured worker will either not be returning to work or will require a lengthy rehabilitation the Insurance company wants the worker to "Settle" the claim. Why? The insurance company knows that under current workers compensation law there are no punitive, loss of quality of life, or any other additional payments they are liable for. The only have to cover a percentage of salary and the medical, and the medical is why they push, shove, and ultimately bully and browbeat the worker to settle. The insurance company holds all the cards, by withholding medical coverage when the worker needs it most they can literally make a settlement a matter of life or death. The insurance company has the actuaries, the accountants, and the Lawyers to make sure that any settlement offer will be in their interest and in no way a fair settlement for the worker.
While waiting for "Justice" to be provided by the overburdened court system. The worker is left with nothing, no job, an injury or illness that requires medical treatment that the law allows the Insurance companies to withhold and no source of income. If the worker is "Lucky" enough to be disabled they can apply for SSD and possibly wait up to two years to be approved, again left with no income. The worker then must swallow their pride and after using up any life savings they have apply for public assistance, which for all but those close to minimum wage will mean facing a bankruptcy, and possible loss of their home. All so the Insurance company can avoid paying out a claim for a service they were contracted to provide.
The Insurance Companies by their actions not only unfairly deprive injured workers of coverage, they force them onto an already overburdened welfare system and create and expense for all taxpayers.
What workmen's Compensation should be:
Injured worker's are covered for 100% of Lost wages and All medical expenses.
If Disabled all costs associated with the disability should be covered.
If the Insurance Company disputes the injury they must continue all benefits until the case is decided.
The Insurance companies exploit the system, clog up the court calendars and leave injured workers with nothing.
Since there are no real penalties in the workers compensation system the only expenses that the Insurance company is liable for are the court costs and their attorney's fees, if they lose they don't even have to pay for the worker's attorney the worker pays that out of the monies that they receive that they should have been getting all along.
Why do the Insurance companies do this? MONEY Once the Insurance company determines that an injured worker will either not be returning to work or will require a lengthy rehabilitation the Insurance company wants the worker to "Settle" the claim. Why? The insurance company knows that under current workers compensation law there are no punitive, loss of quality of life, or any other additional payments they are liable for. The only have to cover a percentage of salary and the medical, and the medical is why they push, shove, and ultimately bully and browbeat the worker to settle. The insurance company holds all the cards, by withholding medical coverage when the worker needs it most they can literally make a settlement a matter of life or death. The insurance company has the actuaries, the accountants, and the Lawyers to make sure that any settlement offer will be in their interest and in no way a fair settlement for the worker.
While waiting for "Justice" to be provided by the overburdened court system. The worker is left with nothing, no job, an injury or illness that requires medical treatment that the law allows the Insurance companies to withhold and no source of income. If the worker is "Lucky" enough to be disabled they can apply for SSD and possibly wait up to two years to be approved, again left with no income. The worker then must swallow their pride and after using up any life savings they have apply for public assistance, which for all but those close to minimum wage will mean facing a bankruptcy, and possible loss of their home. All so the Insurance company can avoid paying out a claim for a service they were contracted to provide.
The Insurance Companies by their actions not only unfairly deprive injured workers of coverage, they force them onto an already overburdened welfare system and create and expense for all taxpayers.
What workmen's Compensation should be:
Injured worker's are covered for 100% of Lost wages and All medical expenses.
If Disabled all costs associated with the disability should be covered.
If the Insurance Company disputes the injury they must continue all benefits until the case is decided.
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