{"id":204,"date":"2016-05-26T12:55:39","date_gmt":"2016-05-26T12:55:39","guid":{"rendered":"http:\/\/michigan-workers-comp-attorney.com\/michigan-attorney-blog\/?p=204"},"modified":"2016-05-26T12:55:39","modified_gmt":"2016-05-26T12:55:39","slug":"michigan-wokers-compensation-law","status":"publish","type":"post","link":"https:\/\/www.michigan-workers-comp-attorney.com\/michigan-attorney-blog\/michigan-wokers-compensation-law\/","title":{"rendered":"Michigan Wokers Compensation Law"},"content":{"rendered":"

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Exclusions, barriers, bans and hurdles describe many injured workers\u2019 experiences with workers\u2019 compensation. A system that was supposed to assist them and provide streamlined procedures to recoup medical costs and lost wages has become a nightmare for individuals who\u2019ve been injured on-the-job. A new policy brief by the National Economic & Social Rights Initiative (NESRI) describes seven destructive trends in workers\u2019 compensation laws which reflect the attitude of many in state legislatures who \u201csee workers\u2019 comp as an unnecessary cost for business rather than a critical health care and social insurance program.\u201d NESRI\u2019s list them as the following:<\/p>\n

More workers\u2019 health conditions are excluded from coverage (e.g., some state laws explicitly disallow claims for hearing loss, repetitive motion injuries and back disease.)
\nIncreased procedural barriers to workers claims (i.e., originally designed to be a \u201cno fault\u201d system, most workers have to retain lawyers and their own medical experts to support their claims.)
\nReduced income support for disabled workers (e.g., a fixed number of weeks of pay for disabled workers, regardless of the individual\u2019s condition or advice from a physician.)
\nMore employer control over workers\u2019 medical treatment (e.g., workers are forced to use physicians selected by the employer or insurer who have a vested interest in saving money.)
\nEnd to universal mandates that employers carry workers\u2019 compensation insurance (e.g., in 2013, Oklahoma joined Texas in allowing employers to \u201copt out\u201d of carrying work comp insurance.)
\nBans on workers suing insurers for dishonest and misleading practices by insurers.
\nReduced access to attorneys (e.g., cutting the fees that an attorney can charge for handling a worker\u2019s case.)
\nNone of this is new to public health researchers and organizations who\u2019ve studied workers\u2019 experiences with the workers\u2019 compensation system (e.g., here, here, here, here, here, here.) As Les Boden, PhD wrote in a 2012 article in the American Journal of Industrial Medicine:<\/p>\n

\u201cThe sorry and declining state of workers\u2019 compensation in the U.S. is largely the consequence of the political power of employers and insurers, bolstered by their ability to frame the political debate. Employer costs per $100 of covered wages declined from $2.18 in 1989 to $1.33 in 2009, reflecting both legal restrictions on workers\u2019 compensation and declining reported injury rates. Yet even today the debate in the states is about excessive employer costs and employers\u2019 threats to move to states (or countries) with lower workers\u2019 compensation costs. The simplest way to reduce costs is to reduce the amount of benefits paid to workers, through raising barriers to approval of claims or reducing the benefits in claims that are approved.\u201d<\/p>\n

The impact of the destructive trends described in NESRI\u2019s brief are made real through the voices of injured workers. Robert Hudson, 61, was working for the school district in Addison, New York when he was exposed to muriatic acid while cleaning a swimming pool. He\u2019d never cleaned a pool before and wasn\u2019t trained on how to do it safely. \u201cI was a company man and I wanted to get the job done,\u201d explained Hudson.<\/p>\n

Injuries to his respiratory system were severe. Hudson wanted to continue working, but could no longer climb ladders or the other physical work required by the job. His doctor says he is permanently disabled. He used his paid sick leave and personal leave for three months while waiting for the workers compensation system to make a decision about his case. It was seven months later when he received his first payment from work comp for lost wages. His weekly payment was $202.36 compared to the $400 he used to earn. In a report prepared by the New York Committee for Occupational Safety and Health (NYCOSH), Hudson describes his frustration with the workers\u2019 comp system:<\/p>\n

\u201cThey keep sending me to independent medical examiners to prove my condition is not what my doctors are saying it is. I am being badgered. The procedures are flawed. My life as it was is ended now. I can never work again. I am tired of being screwed by all these people. They don\u2019t have to live with the constant worry, and coughing their brains out all night long\u2026\u201d<\/p>\n

In 2009, the American Public Health Association (APHA) adopted a policy statement calling for reforms to the workers\u2019 compensation system. Not the pro-business \u201creforms\u201d that create hurdles for injured workers, but improvements to create a safety net for workers and their families. Among others, APHA proposes a national system with<\/p>\n

uniform coverage of health care and adequate loss-of-earnings benefits for all occupational injuries and illnesses;
\nhealth care for injured workers provided by providers independent of employer involvement and insurance industry control;
\nhealth care providers removed from the responsibility of determining eligibility for benefits;
\nan emphasis on prevention of injury and illness, and rehabilitation of those unable to return to work, and
\nmandatory root cause investigation requirements for all occupational injuries and illnesses.
\nThe US workers\u2019 compensation system\u2014dating back to Wisconsin\u2019s law in 1911\u2014stems from a bargain between workers and employers. Workers who are injured or made ill from hazards at work would receive medical care and payment of lost wages while they recover. In exchange, employers could not be sued by workers for the harm the employer caused. The destructive trends profiled by NESRI, however, illustrate that decades of \u201creforms\u201d make the bargain no longer a good deal for injured workers.<\/p>\n

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