Tag Archives: legislation

Workers’ Compensation ‘Reforms’ by State Have Costs, Too

Posted on by

This ProPublica/NPR series should be required reading for all who care about workers’ compensation and how the process really works – or doesn’t work – for those who are injured on the job. The series shows the very real cost to loved ones when the system doesn’t hold up to the workers’ compensation “grand bargain” that was entered into more than a century ago in many states, including Nebraska. Families are hurt economically, and necessary role changes occur when a spouse and/or children become caretakers, which is often the case. 

Today’s blog post is focused on an excellent and informative, but very sobering, interactive chart that looks at how workers’ compensation “reforms” by state are occurring.

I found the introductory paragraph for the chart enlightening and honest:

“Over the past decade, states across the country have been unwinding a century-old compact with America’s workers: A guarantee that if you are injured on the job, your employer will pay your medical bills and enough of your wages to help you get by. In all, 33 states have passed laws that reduce benefits, create hurdles to getting medical care or make it more difficult to qualify for workers’ comp.”

When benefits are reduced and medical care is denied, the burden of caring for injured workers shifts to taxpayers through social programs because the workers’ compensation system has all too often come up short. This results in taxpayers subsidizing injured workers on the local and state levels through healthcare and the social safety net. At the same time, workers’ compensation insurance premiums for businesses are at their lowest rate in 25 years, partially because the “reformed” workers’ compensation systems can save businesses money while avoiding the costs of caring for these hurt workers.

I urge you to spend some time on the interactive graphic and see where your state stands in its support of injured workers. Although the firm’s lawyers are licensed in Nebraska and Iowa, we work with many who are injured in other states as the need arises and have an extensive network of lawyers who we work with on workers’ compensation, especially focusing on representing truck drivers.

This blog will feature continued commentary and analysis on the ProPublic/NPR report, as was first addressed last week. But if you have specific questions about an injured worker’s situation and need help or are unsure what the next steps are, please contact an experienced workers’ compensation attorney like those at Rehm, Bennett & Moore.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workers' Compensation Reform and tagged , , , , , , .

ABLE Act Set to Help Save for Child’s Disability-related Expenses

Posted on by

081028-N-3173B-027The Achieving a Better Life Experience Act (ABLE) was recently passed by Congress and signed by President Obama.

This legislation matters to us because some clients may have a child or children who qualify for an ABLE account.

“The ABLE Act aims to provide families of a severely disabled child with some peace of mind by allowing them to save for their child’s long-term disability expenses in the same way that families of able bodied children can currently save for college through popular 529 investment plans,” according to information on North Carolina Sen. Richard Burr’s website (link is below).

There are a lot of details available on the internet about the act, and some of it is conflicting, as “passage of legislation is a result of a series of compromises,” as noted in the National Down Syndrome Society’s (NDSS) excellent resource article that is linked to below.

One of those limitations is that a person must have a qualified disability diagnosed before turning 26 to have an ABLE account, according to Sen. Burr’s website.

Here are some more links with information that I thought would be most helpful to those who are looking for more details to see if the act’s passage can help a loved one.

This link has detailed information about the act, including its text and history, from Congress.gov. https://www.congress.gov/bill/113th-congress/house-bill/647 H.R.647 – 113th Congress (2013-2014): ABLE Act of 2014 | Congress.gov | Library of Congress

Sen. Burr was a co-sponsor of the bill, along with Sen. Bob Casey of Pennsylvania. Burr’s link has information that includes details on who is eligible for an ABLE account and what are considered “qualified disability expenses.” http://www.burr.senate.gov/public/_files/ABLE%20Act%20Summary%20–%20NH%2011-19.pdf

“ABLE accounts would be a savings vehicle for disability-related expenses that will supplement, but not supplant, benefits provided through private insurances, the Medicaid program, the supplemental security income program, the beneficiary’s employment, and other sources,” according to the site above.

Via the National Down Syndrome Society (NDSS): Achieving a Better Life Experience (ABLE) Act http://www.ndss.org/Advocacy/Legislative-Agenda/Creating-an-Economic-Future-for-Individuals-with-Down-Syndrome/Achieving-a-Better-of-Life-Experience-ABLE-Act/

I thought the section of “10 Things You Must Know” was most helpful, with more details about the who, what, when, where and why of the accounts.

Via the National Association of Injured and Disabled Workers (NAIDW):  Achieving a Better Life Experience (ABLE) Act https://www.naidw.org/groups/viewdiscussion/1770-achieving-a-better-life-experience-able-act?groupid=144

Via disabilityscoop: The Premier Source for Developmental Disability News: Obama Signs ABLE Act http://www.disabilityscoop.com/2014/12/22/obama-signs-able-act/19935/

“People with disabilities may be able to start opening ABLE accounts as soon as 2015. However, some hurdles remain. While the new law alters federal rules to allow for ABLE accounts, each state must now put regulations in place — much as they have done for other types of 529 plans — so that financial institutions can make the new offering available,” according to the site above.

As is evident from the links above, more groundwork needs to be done to implement the law, so I would encourage those with questions to learn more about the accounts by contacting an accountant or a lawyer who is an expert in life care and special needs.

So if you, a loved one, and/or a friend, are receiving workers’ compensation benefits, but are worried about losing necessary current benefits for your disabled child because of limitations in what you can save or spend, an ABLE account may be just the thing for your situation.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Disabilities, Disability, Government, Health Update, Legislation and tagged , , , , .

Workers’ Compensation – Safety Net for the Middle Class – Under Constant Attack

Posted on by

LB 307 would take away the most basic foundation of workers’ compensation

Workers’ compensation law is one of the oldest and most basic protections working middle-class families are given by law. A current article by a pair of Washington state representatives points out this obvious but frequently overlooked truth.

Reps. Bob Hasegawa and Mike Sells point out: “Unless you’re self-employed, you’re probably covered by our state’s workers’ compensation program. It affects pretty much anyone who brings home a paycheck.”

They remind us that all jobs are covered and necessarily so because injury and disease comes about from virtually all kinds of employment: “the ranks of injured employees include everyday office employees: the guy whose back goes out after lifting too many boxes of copy paper; the secretary who can no longer click a computer mouse because of a repetitive-stress injury; or the delivery guy who shatters a hip slipping on a patch of ice. We’re talking about software designers, pizza twirlers, supermarket cashiers.”

Nebraska and Iowa, where our firm practices have solid well established laws (for more than a century) that protect the middle-class workers and their families. The Washington state representatives describe their situation this way: “Our proven, century-old workers’ comp system protects all of these employees and their families from economic ruin in the event of a severe or long-term injury. That’s the good news.”

The never-ending bad news is that this fundamental middle-class protection is under constant assault in all 50 states and the District of Columbia. Each year various business and insurance interests present bills to state legislatures asking to limit benefits, gain more control over healthcare for the injured, limit healthcare for the injured, and generally weaken protections for middle-class workers and their families.

In Nebraska, I am working with the Nebraska Association of Trial Attorneys (NATA) and other pro-consumer groups to resist the latest round of attacks on the middle class. One of the bills, LB 307, is supported by a deceptively named organization, Nebraskans for Workers’ Compensation Equity and Fairness. This bill would take away the most basic foundation of workers’ compensation laws, the requirement that these laws be interpreted liberally to protect our middle-class workers. The bill also strips workers of physician choice and allows insurance/employers to terminate benefits if you don’t go to company doctors.

Another bill, LB584, provides for treatment guidelines established by a private company in California and enforced by utilization reviews by other private businesses, including consulting doctors from all over the United States and perhaps the world. Having Nebraska physicians second-guessed by someone from another state or country seems far from fair and hardly protective of physicians or workers’ rights.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Government, workers compensation reform, Workers' Compensation and tagged , , , , , .

Are Big Business and Big Insurance Making Nebraska Doctors Scapegoats?

Posted on by

New legislation has been proposed to reduce the quality of medical care for workers under the guise of reducing costs

Evidence-based medicine and utilization review (EBM/UR) of medical care for workers’ compensation are currently being pushed by big business and big insurance interests.

We are facing such legislation in Nebraska this year.

One reason supporters of this way to control medical care for workers give seems to be that medical care currently provided is “inefficient.”

This is a euphemism for medical costs are too high. I view this as critical of physicians and other health-care providers who are taking care of injured workers. The Florida Medical Association (FMA) has recently responded to this type of criticism of the medical profession. In their case, the Office of Insurance Regulation (OIR) and National Council on Compensation Insurance (NCCI) say workers’ comp rates are being raised because drugs are dispensed directly by doctors. But an OIR report, according to the article linked below, “shows virtually no difference in the cost of such drugs whether dispensed by doctors or pharmacies,” so the FMA disagrees with blaming their doctors for rate increases.

This quote is from the story linked to above: “The truth is that the NCCI and carriers have used physician dispensing as a scapegoat for hundreds of millions of dollars in rate increases when other medical costs have been the real cost drivers in workers’ compensation,” the group charged. “The numbers are fabricated in an attempt to eliminate doctor dispensing.”

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Doctor, doctors and medical, Workers' Compensation and tagged , , , , , .

Cancer Risk, Workplace Carcinogens and a Government Report

Posted on by

Our law firm recently completed successful litigation involving eight families against various chemical companies. A member of each family got cancer from working at a local plant where industrial solutions were used to make rubber products.

Stating the obvious, cancer is universally bad, regardless of how much money a person has; what their religious or political views are; how old they are; or how/where/why they got cancer. That being said, I think workers especially need to be aware of the dangers and exposures to carcinogens that can occur because of chemicals in the workplace. According to a United States Department of Labor Occupational Safety and Health Administration (OSHA) website, “Carcinogens are agents that can cause cancer. In industry, there are many potential exposures to carcinogens. Generally, workplace exposures are considered to be at higher levels than for public exposures. Material safety data sheets (MSDSs) should always contain an indication of carcinogenic potential.”

Respected colleague Jon Gelman from New Jersey shares his thoughts on the subject in this blog post at http://workers-compensation.blogspot.com/2012/10/romney-regulation-risk-of-cancer.html. And I thank him for sharing the op-ed resource from a recent Sunday’s edition of The New York Times.

According to the Times piece, lobbyists associated with the chemical industry want to “shoot the messenger” by limiting or getting rid of the U.S. government’s Report on Carcinogens. Because if workers don’t know about carcinogens in their workplace, they won’t get cancer? Or more accurately, at least they won’t be able to tie that cancer to their workplace? Tell that to the American Cancer Society, whose web site includes a page specific to carcinogens and uses various sources, both national and international, to determine what carcinogens are.

Mr. Gelman also mentions in his blog post that certain lobbyists and politicians want to limit the regulation of these chemicals, which the Times story calls “scientific consensus” for their listing as cancer-causing carcinogens. It’s very challenging for consumers to know what substances, either naturally occurring or made by humans are safe to eat and use. To take that confusion into the workplace by limiting the information available to workers to be as safe as possible in their jobs, especially when long-term consequences like cancer are a possibility, is a shame.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Government, Health and tagged , , , , , .