Tuesday, May 24, 2011

Worker compensation

Currently, if you get injured on the job you can't sue your employer, but your employer must pay a premium for worker compensation claims, like an insurance policy, or maybe it is an insurance policy.


What would happen if the worker compensation law was completely repealed and re-written?


Some companies believe that it should stay the same, but other businesses say the premiums are too high. Who would believe the premiums are too high for worker compensation claims? Usually businesses that have a higher frequency of worker compensation claims, and must pay a higher rate because they present a greater burden on the fund.


Some businesses are new and perhaps have trouble financing their start-up so they feel that worker compensation should be cheaper for them because they are a very low risk and they feel that what they currently pay for worker compensation premiums is unfair.


Somewhere in the middle there is the business that is making a profit and doesn't see a problem with the current worker compensation premium because, frankly, they just can't see the burden from way up where they are.


Then there are lawyers who, if the worker compensation law was completely repealed, would make a huge profit because they would have jury trials, and juries typically award massive punitive damages in Illinois. This would be delicious for lawyers and the injured employees who could afford the risk of litigation, but this would be terrifying to businesses, and with current pressure from the recent sales tax increase, the added pressure of repealing the entire worker compensation law would be the final nail in the coffin for commerce in Illinois.


There may be new guidelines drawn up for assessing labor risk, and from the categories of labor risk, worker compensation insurance plans can be tailored.


Risk in the workplace typically involves impact from falls, strains from lifting or stooping, repetitive motion injuries, exposure to toxins, lacerations from equipment, infections from contact with liquid or airborne agents, deteriorating health from sedentary work activity. Some atypical risk involves a higher likelihood of victimization, such as delivering pizza, driving a taxi, working nights at a convenience store, bar. There may be others.


Someone suggested putting a cap on medical treatment costs for worker compensation. Some people I surveyed thought that was a great idea, but the doctors would need to start driving cheaper cars. Doctors are saddled with medical school loan debt and malpractice insurance premiums.


I hope nobody suggested government subsidies, that would be hypocrisy.

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