The
workers’ compensation insurance
is a state-regulated insurance program
that pays medical bills and replaces
some lost wages for employees who are
injured at work or who have work-related
diseases or illnesses. The Texas system
was reinvented in 1989 under a select
legislative committee.
Highlights
included voluntary participation. An
employer choosing to participate in the
coverage is protected from lawsuits. With
improved benefits, benefits delivery,
dispute resolution, cost controls, attorneys’ fees,
and workplace safety, Texans hoped the
solution would be long lasting. (see
TWCC history)
Well,
it is a new century and the system players
in Texas are
clamoring for relief.
Injured
workers, employers, physicians, insurance
carriers, and chiropractors are wanting
better conditions (meaning more money)
and fewer hassles (meaning more money
faster!)
James
Bernsen with The
Lone Star Report (LSR) states: “Finding
supporters of the status quo at the commission
may be hard. Texas consistently
ranks among the worst states in terms
of both outcomes – a low return-to-work
rate and cost. Texas costs
are well beyond the national average.
The only state that does worse in most
rankings is California.
But California just
passed a comprehensive workers comp overhaul
under Gov. Arnold Schwarzenegger.”
After
a blistering Sunset Commission report
regarding the Texas
Workers Compensation Commission in
the spring, many expressed their opinions.
"Distrust
abounds. Employers distrust physicians... Physicians distrust... Injured
workers distrust employers.. Chiropractors distrust physicians..."
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“What
I would say, and what I think what
everybody knows, is that the current
process is broken,” said Darren Whitehurst,
director of public affairs for the Texas
Medical Association. “I don’t
think there’s anybody who likes
the current process. Not employers,
not employees, not the carriers, not
the providers, not anybody.” LSR 4/23/04
Texas
Association of Business has this
opening statement in it's position
paper, "Cashing
in on Worker's Compensation":
| The Texas Workers’ Compensation
system finds itself on the verge of
collapse because of spiraling medical
costs. Carriers on average are paying
out a $1.38 for every dollar they receive
in premiums because they have few tools
to control costs. Texas employers,
committed to finding quality care for
their injured workers, are finding
it difficult to find affordable coverage
or any coverage at all. And,
as always, it is the small employers
who are bearing the brunt of this hard
market. |
>> continued
top of next column |
Distrust
abounds. Employers distrust physicians
and physicians distrust ‘light’ duty
for injured workers. Injured workers
distrust employers for not reporting
accidents due to fears of higher premiums. Chiropractors
distrust physicians and likewise, thus
- the return to work dates are lengthy
and costly.
The
cost of medical care has driven insurance
companies to distrust injured workers
as patients try to claim non-work related
health issues not covered under workers’ compensation.
Study
up! The issues will affect every
employer and employee in the state. It
will also determine the future economic growth
for Texas.
All
business owners, small and large, will
examine the worker compensation climate
before moving to or building their company
in Texas.
We
will provide expert testimony
and research to you in the future.
Committee members are listed below. Contact them with your thoughts.
House
Committee on Construction-Related Workers'
Comp, Select
Legislative
Session: 78(4)
Appointment
Date: 11/04/2003
Clerk: Teri Avery
Phone:
463-0514
Room:
Co-Chair: |
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Co-Chair: |
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Senate
Committee on Workers' Compensation, Select
Interim
Legislative
Session: 78(4)
Appointment
Date: 12/15/2003
Clerk: Patricia Gajda
Phone:
463-0067
Room:
SHB 445
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