Earlier this year, ProPublica and NPR teamed up to provide an
in-depth series on the state of workers' compensation in our country. Called
"Insult to Injury," the series highlighted how legislative attacks
that undermined the fundamental protections for injured workers in our
workers compensation system have failed to provide them with the care they
need and denied them access to their fundamental rights. These attacks have
cost workers their homes, their health, their ability to recover from
injuries and return to work, and - in too many cases - their lives. They remove
incentives for employers to budget for safety and obey workplace safety laws.
Finally, they shift the burden of the injuries to the workers and taxpayers
through our unraveling social safety net to the tune of tens of billions of
dollars a year across our nation.
Below are highlights from the series and other recent studies
that we want to share with you.
Read the whole series here. |
33 STATES HAVE ROLLED BACK BENEFITS IN RECENT YEARS - ANY MANY
OTHERS BEFORE THAT
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So-called "reforms" have been enacted in 33 states.
From limiting compensation to swapping prosthetics for hooks, states have
been systematically dismantling workers' rights across the board. What else
stands out is that Washington
is still one of the best states for workers, despite several
attempts in the Senate this session to repeal our rights, including:
All of
these bills aimed to cut employers' rates by: a) having
dramatically fewer injured workers be able to run the gauntlet and access
workers comp benefits, and b) cutting the benefits for those who
do.
WSAJ is very proud of our work defending this
system over the years and very pleased with the Senators who listened to us
and rejected these attacks. This year numerous Republicans joined a unanimous
Democratic caucus in rejecting every
single one of these draconian measures, and instead
created a fairly modest workers' comp package. WSAJ appreciates those
Senators of both parties for standing up for injured workers and keeping our
system strong.
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REDUCED BENEFITS SEND WORKERS INTO POVERTY
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While reduced benefits pile medical bills on injured workers
who are unable to return to work, plummeting them into poverty, insurance
companies are making record profits. In 2013, insurers had their most
profitable year in over a decade. At the same time, employers are paying
the lowest rates for workers' comp insurance since the 1970s, and some of the lowest costs are in Washington state.
Supporting workers is
inexpensive for employers, but insurance companies focused on their corporate
profits continue to claim that cutting benefits helps small businesses.
Here in Washington, we do not allow private insurers to sell
insurance and loot hundreds of millions of dollars in profits. Instead, we
reinvest this money in our insurance funds. Using investment returns, we
maximize financial stability, keep premiums lower for employers, and keep
benefits fairly strong and accessible for injured workers. Washington is also
the only state in the nation where workers pay a share of the premium,
further lowering employer costs, and creating ownership and partnership in
our workers' comp system. While we are far from perfect, this study shows
Washington does have a better way. It also serves as a warning of why we
don't want to start down that other road.
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EVEN WASHINGTON COMPANIES ARE TRYING TO RESTRICT WORKERS'
RIGHTS
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Workers compensation is
often referred to as an "historic grand bargain" in which workers
gave up their right to sue their employer for the "sure and
certain" relief of workers' compensation. Employers received immunity
from lawsuits in exchange for providing more limited but certain support for
workers injured on the job. The ProPublica studies referenced in this edition
shows how that promise is being unraveled. Now, not satisfied with tearing
down the "sure and certain" relief in so many states around the
union, a group of employers has banded together and seeks to totally renege
on the historic bargain altogether.
Mother Jones
details the lobbying efforts emerging to tear down the workers' comp system
and replace it with employer-provided "benefit programs." The
catch? The employers write the rules, pick the doctors, handle the disputes,
determine the scope of coverage (or lack there of), and construct the whole
system in their own
interests, not their workers'. Two states have already
enacted this travesty, and the results are horrid for workers.
The big question for
Washingtonians is why Nordstrom is
joining this sordid effort and disreputable group. A generation ago,
Nordstrom was the gold standard for customer service and was highly desired
and rated as an employer. What changed? These efforts show this may not be
our parents' Nordstrom. We hope they don't join Washington Mutual as a local
company that has built good will for generations, only to suck it away for
short-term profits.
Please, say it ain't so.
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ProPublica's ground-breaking study shines light on what we already hold to be true: that
denying benefits to workers helps no one but insurance companies. Protecting
our workers has been a foundation of our country since the Industrial Age,
and we will work to keep it that way.
Sincerely,
**Thank you to the Washington State Association for Justice for permission to reprint this article.
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