The Culture of Workers Compensation Needs to Change

Workers' Compensation has become a "scapegoat" for a failing American economy. As David J. DePaolo points out in his recent blog, industry has raised the banner of reform in an effort to save dollars rather than to save workers' and their lives.

The financial reports this week from the business rating agencies reflect a deepening crisis of the economic integrity of the entire workers' compensation system nationally. The financial downturn has resulted in an estimated 11% predicted falloff in the collection of premiums. Workers' Compensation should not be turned into a great Ponzi scheme where it cannot meet its obligations and collapses.

Meanwhile as the system fails to be funded, medical delivery expenses and pharmaceutical expenditures soar with the advent of  more individualized medical treatment protocols based on genetic targets as better science becomes available. Likewise, the withdrawal of medical treatment under the claim of saving dollars has de-railed the system even further. NCCI reports that workers' compensation is on drugs. Pain medical expenditures have soared as the program fails to provide treatment necessary to cure conditions. Workers have become expendable as cheap and unskilled labor is now plentiful  around the world.

Safety is considered an unnecessary expense as evidenced by the homebuilders, who decry OSHA safety regulations. Workers' compensation numbers have become a statistic, reporting the failure of safety in the workplace rather than a factor in protecting workers and saving lives.

The social movement, "Occupy Wall Street," mirrors the 99% who labored to build American. They are outraged.

The century old experiment of workers' compensation should not be a culture based upon dollars alone. Americans are creative and industrious. The country can have both, safe jobs and a robust economy. The workers' compensation system's culture must change if the century old  promised agreement between Labor and Industry is to survive.

Related articles

• Occupy Wall Street And The Future Of Workers Compensation (workers-compensation.blogspot.com)
• The Top 10 Drugs Prescribed For Workers Compensation Claims (workers-compensation.blogspot.com)
• Who Is Paying the Premiums for Workers Compensation Anyway (workers-compensation.blogspot.com)

Occupy Wall Street And The Future Of Workers Compensation

The same social/economic forces  present on streets of New York City over a century go, are now re-emerging in the birth of the Occupy Wall Street [OWS] movement. The workers, unions and concerned citizens that are are patriotically seeking to again balance the  social/economic system mirror the century old movement and aspirations that its genesis in the Triangle Shirt Waist tragedy. This time the inspiration generated may evolve into a new and creative system to prevent workplace injuries and compensation. The new system maybe target entirely  to safety and prevention rather than solely compensating for injuries and exposures sustained at work.

Over a century ago the failure of employers to protect workers’ health and safety resulted in the tragedy of the Triangle Shirt Waist factory fire. Following that fatal conflagration emanated the promulgation of the modern day workers’ compensation system. It arose out of frustration and anger and was displayed in the street.

The recent efforts to dismantle the national network of workers’ compensation systems through legislation and regulation has effectively rendered the system both costly to navigate and burdensome to obtain benefits. Efforts have been made to make it more difficult to establish a claim. Occupational disease claims once considered compensable are not being denied and litigated on a regular basis.

The present workers’ compensation system has been emasculated by the competing efforts of Industry to reduce access to benefits at earlier stages of the process, and by a transformed industrial/economic system.  Soaring medical costs necessitated by the need to provide personalized medical treatment protocols to cure for complex diseases are raging havoc to the program. Medical  costs have soared and insurance carriers are continuing to raise rates. The 99% that constitutes the core group of the Occupy Wall Street movement is either unemployed or disabled and unable to work.  They seek good jobs which are safe, and medical benefits that are effectively and efficiently delivered.

Counting failure is no longer an option. Jobs that injury workers and a system that delays and denies benefits for injuries and exposures at work, is not beneficial to nation, its Industry and workers. Hopefully American creativity will give birth to a new system, and the Occupy Wall Street movement will be that catalyst. 

For over 4 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Related articles

• Occupy Wall Street Now in 25 Cities
• Rage Against the Financial Sector Fuels Protest (washingtonpost.com)
• Designing the New Federal Workers Compensation Program (workers-compensation.blogspot.com)
• Worker's Comp, Walker, and Wisconsin's Wailing (workers-compensation.blogspot.com)
• Occupy Wall Street: What They Are So Angry About? (huffingtonpost.com)
• Thousands of Wall Street Protestors March to Washington Square Park (wshingtonpost.com_
• Does the Workers' Compensation System Need a Prescription Change (gelmans.com)