Tag Archives: Nebraskans for Workers’ Compensation Equity and Fairness

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

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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 & Rehm, 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.

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Proposed Nebraska Legislation: Pay Workers’ Comp Medical Bills Promptly

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Nebraska State CapitolSometimes, there are complexities within the arguments over workers’ compensation laws. And it almost always involves money. It’s too bad that in so many states, money comes before workers.

But I don’t think that’s currently the case here in Nebraska. Although we have a mostly fair workers’ compensation process that started about a century ago, more efforts can always be made to advocate for workers’ rights, especially when those workers have been injured and are protected through the workers’ compensation system. Because when a worker is dealing with being hurt and all the stress that comes with an injury, worrying about all the bills coming in should take a backseat to getting as healthy as possible under the circumstances.

A bill in the Nebraska Legislature, LB291, “would require that medical payments be paid within 30 days after notice is given to the employer or after a final order of the compensation court,” according to the “Unicameral Update.” Sponsored by Sen. Jeremy Nordquist, the bill was the subject of a recent hearing in the Business and Labor Committee. It essentially protects workers’ credit scores and prevents further stress by making sure the bills related to a worker’s injury are paid in a timely manner by the party that’s supposed to pay the bills in a workers’ compensation claim: the employer, which firm shareholder Roger Moore noted in a recent blog post. And it also brings that part of the workers’ compensation process into line with the penalties that employers incur if they withhold workers’ checks, an issue that attorney Brody Ockander addressed in a 2012 blog post.

If passed, the bill would really add some teeth to the notion of having workers’ bills paid promptly, and would reassure a large number of our Nebraska clients who get not only bills, but many other financially-related and upsetting communications from healthcare providers, when employers don’t pay in a timely matter. According to the “Unicameral Update: The Nebraska Legislature’s official news source since 1977” story, “Under the bill, 50 percent of the amount payable would be added to the charge and paid to the employee if the medical payment is not paid within 30 days.”

The anti-worker, pro-business Nebraskans for Workers’ Compensation Equity and Fairness was one of the groups that testified in opposition of the bill because “current law already compensates employees fairly … so paying additional sums to them would provide a ‘windfall’ to injured workers,” according to the “Unicameral Update.” I don’t think the term “windfall” is accurate, as the intent is to penalize the employers for not following through on their commitments in a timely manner, and we all have to pay late fees in life if we don’t pay our bills on time, so why should employers be any different? Besides, if employers did what they were supposed to by supporting hurt employees on workers’ compensation, honestly, we would have a lot fewer clients! Attorney Roger Moore noted the exact concern this bill addresses in a 2012 blog post: “The reality is that most of our clients come to us because their injury-related medical bills are not being paid or they’re not being paid for time off from work due to their injury.” So instead of a “windfall,” because nobody asks to or wants to get hurt, I see this penalty as another way to protect injured workers and hold employers accountable.

The reality is that the attorneys and staff at Rehm, Bennett & Moore will always advocate for workers’ rights. We will continue to write blog posts specifically about bills in the Nebraska Legislature that could affect workers, both positively and negatively, if passed. Be sure and follow the legislature while in session by going to http://nebraskalegislature.gov/. Because I think an inscription by philosopher Hartley Burr Alexander on the Nebraska Capitol building says it best: “The Salvation of the State is Watchfulness of the Citizen.”

 

The offices of Rehm, Bennett, Moore & Rehm, 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.

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