Employers And Employees Will Benefit From Workers' Compensation Reform

If a worker loses their limb during an accident related to their job

, they can claim the maximum amount of workers compensation possible. If the job related accident occurs in New York, the compensation would be $400 a week for 312 weeks. However, a worker with a persistent back injury is allowed to receive a weekly stipend for the rest of his life.

This discrepancy exists because of the law created in 1914 to oversee workers compensation. This particular law established an incomplete schedule addressing many injuries that were considered disabling.

Payment on both the loss of hearing and the loss of an arm or leg are strictly regulated by this law. If you suffer from either a permanent or partial disbility that is not listed, then the benefits will be paid out for the person's lifespan. These include back pain and mental stress.

All of this has resulted in a system that is now paying 70 percent of it's benefit dollars to only 13 percent of its total cases! The premium for workers' compensation is seventy-two percent above the United States average in New York. The result is that tax dollars are pulled away from other services such as schools and government entities in order to be paid to workers compensation claims.

Though on the opposite end of the spectrum , New York's benefit limit of $400 per week is one of the lowest in the area. Local governements in New York are aware of the problem and are taking steps to address the problems affecting both parties. In other states, the maximum benefit has been set as high as $685 per week.

The state of Texas once had one of the most poorly arranged workers' comp systems in the entire country. The program needed to make some modifications, as it ranked third in terms of workers' compensations expenses, while ranking first in terms of number of workers harmed on the job.

There was also a large problem with doctors dropping out of the program at an alarming rate. The government responded by revising the law to create new physician networks and provide a small boost in benefits paid to injured workers. At this point, the laws governing workers compensation are some of the best within the US.

In New York, though, the discussions so far have brought ideas that would include a limitation of the time length for permanent-partial disabilities to just 10 years. There has also been some discussion of raising the maximum weekly benefit to $500. With these two changes enacted, premium expenses can ultimately be reduced by 15%.

Other proposals could soon be introduced to law makers to help increase the benefits of this system. There must be compromise between business and the injured workers to provide the best worker compensation benefits. This will also solve the problem of open ended cases of back pain.

The State of California has already implemented such reforms within its compensation laws. Citizens used a petition drive to drum up support from within the public and prove that it should be placed on ballot. Lawmakers were forced to take action because of the public's staggering support for his position.

Reform in New York relies on legislative leaders actively pursuing the matter because there is not an option to use a petition. Local legislators must communicate to their leadership that this is a top issue for small businesses and the local government which already carries a heavy burden.

by: timothyrs

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