Public health concerns raised over the fear of the spread of Ebola has caused at least three states: NJ, NY and IL, to institute a mandatory quarantine of potentially exposed workers. Today's post is shared fromnj.com. TRENTON — The American Civil Liberties Union is demanding that Gov. Chris Christie provide more information to the public about how the state came to the conclusion that mandatory quarantine of healthcare workers was medically necessary, saying it has “serious constitutional concerns about the state abusing its powers.” The civil liberties group’s demand came after a nurse who had been under quarantine after arriving at Newark International Airport on Friday tested negative for Ebola on Saturday. Currently, the nurse, Kaci Hickox, remains in New Jersey state custody over her objections, published in the Dallas Morning News and the objections of the international aid organization, Doctors Without Borders, for whom she’d worked in Sierra Leone. “Ebola is a public health issue and the government’s response should be driven by science and facts and not by fear. We must treat our medical workers who put... |
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Showing posts with label American Civil Liberties Union. Show all posts
Showing posts with label American Civil Liberties Union. Show all posts
Sunday, October 26, 2014
ACLU demands Christie give legal reason for quarantining nurse who's tested negative for Ebola
Sunday, January 8, 2012
PROTECT America's Injured Worker Medical Rights
Why This Is Important
The goal of this petition is to garner the support and representation of the American Civil Liberties Union in a due process lawsuit against the State of New York and/or other states within the United States under violations of the civil rights law pertaining to “Deliberate Indifference”, against injured worker’s legal rights to timely and qualified medical treatment thereof.
American workers were improperly stripped of their rights to sue their employer or the state for damages sustained in workplace accidents in 1917 before most of us were even born. Workers Compensation laws, in direct conflict with employee due process rights, quickly spread nationally. Only one lawsuit resulted, ironically, on behalf of employer due process rights. Despite the fact that this contract which lives in infamy violates both employer and employee rights, it has survived for 95 years.
Meanwhile, the "contract" has become so inequitable that millions of American workers are defrauded of life, liberty and the pursuit of happiness, after being thrown into an adversarial court system, where their $5.00 lawyers fight against six figure slingers who represent insurance companies that are raping America.
Injured workers are forced to obtain treatment from an inadequate, unspecialized list of providers, often with disastrous long term results and are barred from both timely and appropriate medical treatment through a complex paper trail of denials for basic medical care.
Injured workers are forced to obtain treatment from an inadequate, unspecialized list of providers, often with disastrous long term results and are barred from both timely and appropriate medical treatment through a complex paper trail of denials for basic medical care.
Further, their lifetime awards are severely limited, and their income reduced to nothing. Paid Independent Medical Examiners with little or no experience with the injury at hand are allowed to pass judgment on degrees of life time injury, literally whisking away damages for the benefit of the insurance providers who pay them. It's only a matter of time until Claimant’s are completely penniless and wind up on welfare, which lets the insurance company off the hook, but leaves the taxpayers holding the tab for social programs such as food stamps and medical coverage or social security disability, as the statutorily promised income protection and medical coverage is non-existent.
Additionally, Injured Workers who are legally entitled to lifetime medical benefits are finding these benefits are unavailable when they relocate from one state to another unless an out of state provider is willing to take on complex paper processes and pathetic reimbursement rates. Once injured in New York, you will never leave New York, or, in essence, you forfeit your right to coverage.
Due to low reimbursement, high medical malpractice risk (due to lack of timely treatment and authorization), and complex paper processes, the list of available providers is shrinking rapidly from year to year. Often, professional review processes are not employed by State government, and substandard physicians are the only ones left on the medical provider list.
Americans are being defrauded and led to believe they will be dealt with fairly, but all fairness has been removed from the system. Ultimately, Corporations are paying the highest insurance rates in history, while the Claimants are getting next to nothing. Meanwhile, the insurance industry makes a killing. The Workers Compensation contract is inequitable.
PROTECT AMERICAN INJURED WORKERS by repealing the 1917 Workers Compensation Act. In varying degrees, this violation of civil rights due process laws is creating a “deliberate indifference” situation, due to unrealistically low provider rates, medical malpractice risk, and shrinking provider lists. Provider fees and attorney fees haven’t been updated for years, and medical guidelines are being employed which haven’t even been ratified by the State, with each new guideline taking another chunk out of what little the injured worker is currently entitled to.
Before long, we’ll have to pay our employers when we’re injured, rather than the other way around.
Before long, we’ll have to pay our employers when we’re injured, rather than the other way around.
The failure of Workers Compensation to meet the needs of injured workers is leading to lifetime injuries which were originally treatable and the collapse of American families.
Additionally, America’s social systems are picking up the tab as injured workers flock to obtain early social security, food stamps, and Medicaid due to their lack of coverage under Workers Compensation laws.
Ironically, while American workers are being ignored, American prisoners are getting free medical treatment. In fact, American prisoners are successfully being represented by civil rights lawyers across this country in order to obtain the same quality of care that Americans have come to expect, and that American Injured Workers desire.
If prisoners have rights under “Deliberate Indifference” guidelines to fair treatment, why not the American Worker?
Under current laws, Deliberate Indifference in relation to prisoners medical or safety rights is defined as a “a failure to act where prison officials have knowledge of a substantial risk of serious harm to inmate health or safety.” Crayton v. Quarterman, 2009 U.S. Dist. LEXIS 103709 (N.D. Tex. Oct. 14, 2009) (Wikipedia, 2011)
Deliberate indifference is defined as requiring (1) an "awareness of facts from which the inference could be drawn that a substantial risk of serious harm exists" and (2) the actual "drawing of the inference." Elliott v. Jones, 2009 U.S. Dist. LEXIS 91125 (N.D. Fla. Sept. 1, 2009). (Wikipedia, 2011)
Deliberate indifference is defined as requiring (1) an "awareness of facts from which the inference could be drawn that a substantial risk of serious harm exists" and (2) the actual "drawing of the inference." Elliott v. Jones, 2009 U.S. Dist. LEXIS 91125 (N.D. Fla. Sept. 1, 2009). (Wikipedia, 2011)
In short, failure to provide timely and appropriate medical care resulting in damage is considered a civil rights violation.
Injured American Workers should never have been deprived of their constitutional right to a fair trial, representation, justice, humanity, and freedom. They should not be restricted to substandard medical care, any more than their legal representatives or medical providers should be asked to work for free.
Enough is enough. PROTECT AMERICAN INJURED WORKERS. It is clear based on hundreds of advocacy websites across the country that Workers Compensation does not work. Therefore, the band-aid approach needs to stop. We need real change, and a new system, which is fair and equitable to the American Worker.
Related articles
- Huntsman Steps Up To Reform Workers' Compensation (workers-compensation.blogspot.com)
- Gingrich Calls Present Workers' Compensation System Dangerous (workers-compensation.blogspot.com)
- Contagion in The Workplace: Ready or Not (workers-compensation.blogspot.com)
- The Top 10 Workers' Compensation Blog Posts for 2011 (workers-compensation.blogspot.com)
- Penalties for Insurance Companies Who Fail to Pay Enough for Medical Care (workers-compensation.blogspot.com)
- The World Trade Center Health Program Expands The Path to Federalization (workerscompensation.com)
Friday, January 6, 2012
Medical Marijuana Maybe Permitted By State Authorization
Image via Wikipedia
Workers' Compensation systems maybe legally implementing distribution of marijuana for medical purposes on a state by state basis circumventing a Federal prohibition. A Federal Court ruled today that the state authorized distribution program was not subject to Federal restrictions.
Prescription drugs utilization has exploded both in cost factors and in volume leading to major concerns by both employers and insurance carriers. Compounding the issue is that prescription pain relief is being offered more frequently to avoid the both costly and risky surgical intervention and protocols. Additionally there is a concern that state governments merely want to get into the act in order to tax the prescription costs for the purposes of raising revenue.
All of this focuses on the issue of whether the nation's workers' compensation system is actually providing the necessary care to cure and relieve medical conditions as intended by the crafters a century ago.
Click here to read more from the Jurist: Federal judge grants ACLU motion to dismiss Arizona medical marijuana challenge
"A judge for the US District Court for the District of Arizona [official website] on Wednesday granted an American Civil Liberties Union (ACLU) [advocacy website] motion to dismiss a lawsuit [order, PDF] challenging Arizona's voter approved medical marijuana law, the Arizona Medical Marijuana Act [text, PDF]."
Click here to read more from the Jurist: Federal judge grants ACLU motion to dismiss Arizona medical marijuana challenge
"A judge for the US District Court for the District of Arizona [official website] on Wednesday granted an American Civil Liberties Union (ACLU) [advocacy website] motion to dismiss a lawsuit [order, PDF] challenging Arizona's voter approved medical marijuana law, the Arizona Medical Marijuana Act [text, PDF]."
Related articles
- The Complex World of Workers' Compensation and Pharmaceutical Benefits (workers-compensation.blogspot.com)
- The Top 10 Drugs Prescribed For Workers Compensation Claims (workers-compensation.blogspot.com)
- Contagion in The Workplace: Ready or Not (workers-compensation.blogspot.com)
- Workers Compensation on Drugs - Tenn Supreme Court Allows Fatal Case to Proceed (workers-compensation.blogspot.com)
- Gingrich Calls Present Workers' Compensation System Dangerous (workers-compensation.blogspot.com)
- Rick Santorum Unclear On Medical Marijuana Laws (huffingtonpost.com)
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