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Posts Tagged ‘work injury civil recovery’

California Workers’ Comp ‘Blood Money’: Where did it go?

Wednesday, August 11th, 2010

Previous Posts have shown that California politicians, insurers, contractors, and employers conspired to slash benefits to the seriously injured worker. This legislation cutting benefits was ramrodded through under the lies of higher costs driving businesses and jobs away from California, worker fraud, and reduced profits.  Let us test those theories.

“WHO BENEFITS?”  We know it wasn’t the injured worker because he gets less, much less.  Who did benefit from the denial of benefits to legitimately injured workers in California?  (“Blood Money”)

The Politician:  Politicians saw an issue that would bring in campaign contributions and votes.  There aren’t enough construction workers who vote and would contribute to campaigns so you are expendable.  Insurers, developers, and contractors will contribute generously to a politician that fattens their bottom line.  The voting public has been inflamed by misleading and lying propaganda that the WC system is broke and abused by the workers and lawyers.  POLITICIANS BENEFIT FROM REDUCED BENEFITS.

The WC Insurer:  Insurers profits have dramatically increased as benefits to workers have dropped.  WC Insurers in California are making record profits while injured worker payments are the lowest in the nation.  In the recent past insurers profits excceded workers’ benefits.  California insurers are more than triple the profits earned in other states.  California’s Workers’ Compensation Fund reported net income for 2009 increased ninety one percent (91%). These profits will increase signicicantly in the future.  CALIFORNIA’S WORK COMP INSURERS BENEFIT FROM REDUCED BENEFITS TO WORKERS.

The Contractors/Employers:   “IT’S THE EMPLOYEE FRAUD, STUPID!”  Blaming workers’ fraud and illegal aliens taking jobs makes easy headlines and the accused are silenced.  However, the real fraud in Workers’ Compensation is Contractor/Employers’ underreporting payrolls, misreporting their employees, and hiring illegal aliens.  A major UC Berkeley study found there was a massive problem of employer fraud in Work Comp Insurance.  The employer cheats, pays lower premiums, and the loss is passed on to the consumer via the insurer.  The illegal alien is employed by the law breaking employer.  Reducing worker benefits, hiring illegals, misreporting fraud and blaming the worker makes good business sense.  THE CONTRACTOR/EMPLOYER BENEFITS FROM REDUCED BENEFITS TO WORKERS. 

The Economy and Consumer:  The economy is in the tank because of various business fraud practices and a global depression.  The California economic crisis was not caused by workers’ fraud or too generous benefits.  Contractors and employers laid off the loyal, hard working employees when their profit margins were shrinking.  THE ECONOMY AND CONSUMERS DID NOT BENEFIT BY THE REDUCTION IN WORKER BENEFITS.

The big winners for the “blood money” savings in reducing workers’ compensation benefits are politicians, insurers, and contractor/employers.  The big losers for reduction in workers’ benefits was and continues to be the injured worker, consumers, and economy. 

The only way an injured worker can receive justice in California is to file a civil lawsuit.  And don’t feel sorry for the insurers who might have to pay out some of the billions in premiums they collected.  Part of those premium dollars were taken from your benefits.

California’s Shameful Workers’ Comp Benefits: Why Injured Workers Also Need a Civil Lawsuit

Monday, May 31st, 2010

California Insurers and politicians slashed Workers’ Compensation [WC] Benefits in the recent past.  Permanently injured workers’ benefits were reduced 50%.  Comp payments for lost earnings (temporary disability) are limited to 2/3′s of your salary and restricted in time so you will either have to:  1)Work Hurt, 2)Go Without, or 3) Go Bankrupt. 

The medical benefits of physical therapy, occupational therapy and chiropractics have been cut.  Vocational Rehabilitation has been eliminated because when you are so injured you can’t return to your job, they are not going to retrain you.  There is no award for pain and suffering.  THE INSURER/EMPLOYER CHOOSE THEIR OWN DOCTOR FOR YOU, NO CHOICE FOR THE WORKER, AND THEY LIMIT VISITS.

California rates among the highest states for standard of living but the lowest for injured workers’ benefits.  Compare California WC Awards to other states and to Civil Case Value:

     INURY          CA WC AWARD     NAT AVG WC AWARD              CIVIL AWARD

     TOE OFF                    $660                                 $4,974                            $87,000

     HEARING LOSS     5,280                                 30,655                                61,000

     FINGER  OFF          8,415                                    21,621                            120,000

     EYE OUT                17,714                                   74,558                            265,000 

     THUMB                   21,010                                   39,014                            254,000

     FOOT OFF              28,820                                   80,977                           442,000

     LEG OFF                 61,435                                  114,522                           671,000

     DEATH                160,000                                    200,000                        3,236,000

The only way for you to protect yourself and family and receive a fair, just award is to file a WC case and also file a companion civil complaint against the negligent person/party that caused your injuries.  Choose your own doctor in a civil case and no limits.  Full compensation for lost wages.  All reasonable medical care is compensable.  Pain and suffering is a standard civil award for personal injuries.

Call us to find out your legal rights to fully compensate you for your work related injuries. 

Stay Tuned for Next Week’s Post:   THE CIVIL CASE:  Justice for the Injured Worker

Workplace Weed: Safety vs. Medicine?

Friday, May 7th, 2010

Medical marijuana is legal in 14 states.  Politicians pandering for votes should account to all working Americans for the unintended consequences of legalization.  A simple hypothetical taken from real life is illustrative.

A forklift driver carrying a load of pallets runs into you, a water bottle vendor, breaking your hip, leg, and causing serious and permanent brain damage.  
Are you and your family limited to a small Workers’ Compensation recovery?

Answer:  No.  You will be able to recover Workers’ Compensation from your employer and sue the forklift driver and his company in civil court for a full recovery.  Most companies have liability insurance for this.

You demand the forklift operator take a drug test immediately.  Result?

Answer:  Probably.  It is unclear if you can make the demand.  If the forklift driver signed a written consent to submit to drug testing as a condition of employment, then refusal to his employer could be grounds for termination.   The refusal probably doesn’t come into evidence in a civil case. 

The forklift driver consents to the drug test and is positive for marijuana (THC)?  Result?

Answer:  Depends.  The forklift driver has a prescription for medical marijuana to relieve chronic arthritic pain.  THC will appear on a test 30 days after use.  There is no test, as in alcohol, to determine the level of THC for impairment. 

The drug testing consent states that any level of drugs including PCH is grounds for termination?  Result?

Answer:  Unknown:  Absent some impairment testimony termination is in doubt.   Absent impairment testimony the presence of THC would probably not be admissible in the civil action depending on the jurisdiction.

The injured water truck driver tests positive for THC.  Recovery denied? 

Absolutely not.  This office has had two similar cases.  We argued to exclude the THC  test and it was not admitted.   The two cases settled for a total of $7M when THC was found in a drug screen at the hospital.  However, there was no level of impairment testimony and it was not admissible to the jury.

Advanced Hypothetical:  The forklift employee  informed his employer previously of the medical marijuana and gave a copy of the prescription that appeared in his personnel file.  What do you think?

Law School Exam:  The forklift driver had a previous positive test for TCH OTJ after reckless driving of forklift.  What happens next?

There are pending cases of workers with medical marijuana prescriptions litigating against disciplinary actions for medical marijuana use.  The use of medical marijuana pits conflicting interests of a least four groups against each other:

1.  The medical marijuana user-worker who has medical needs, political interests and constitutional rights of privacy,

2.  The non user-worker whose safety and constitutional rights of association,

3.  The government agencies such as OSHA obligated to enforce a drug free work environment.

4.  The employer responsible for workplace safety without violating medical rights,

Politicians who flirt with voters over medical marijuana legalization and pander to the medical marijuana users or conservatives against any legalization should be forced to deal with the harder issues and consider the safety and rights of all workers in the work place.

What do you think?  Is this any different than a forklift driver taking another prescription drug that causes a drowsy accident?  Please write and tell us and tell us if you are a worker, employer, user, nonuser, etc.  No personal info please.