Are Changes Coming To Workers' Compensation?

Are Changes Coming To Workers' Compensation? [1]

By Jason G. Denton

If one word sums up the theme of the recent November ‘08 elections, it is probably "change." Most people think of this in terms of the national-level change in the White House.

Here in Tennessee, though, our state legislature saw change of a different sort. Bucking the national trend, Tennessee saw a Republican majority elected in both houses of the state legislature.

What does all this "change" mean for normal folks in their everyday lives? Well, I guess we'll have to wait and see to be sure. In terms of the rights of injured workers, though, the changes might not be the ones most injured parties will welcome.

As I've discussed in prior issues of this newsletter, it has become increasingly difficult for injured workers to obtain the medical care they need. Similarly, the Workers' Compensation laws have been increasingly limited in the compensation they allow employees to recover for their injuries.

So what does this mean for workers in this post-election atmosphere? Well, consider that the changes that have already occurred over the past few years occurred under a former legislature that was philosophically more protective of workers' rights than the new legislature. The new legislature might, therefore, take far more drastic measures to limit Workers' Compensation rights for workers.

What are some of the possible changes and how would they affect you if you are injured? Again, the new legislature has not yet begun and I cannot, therefore, say anything for certain, but here are some of the changes that have been rumored as potential changes that will be put before the new legislature:

-Further Limit Fees for Employee's Attorneys. It has been rumored that there may be a proposal to cut employee attorneys' fees in half. The real effect this would have is driving most good employee attorneys-not the employer's attorneys, whose fees are not limited-out of workers' compensation cases. After all, could you afford to take a 50% cut in your salary? Well, neither can most attorneys. Further, this won't monetarily benefit the employee in most cases. In many cases, employees will end up settling for far less than they would have received even with a higher attorney fee because they will not be able to get an attorney to represent them, and instead end up settling without legal counsel for a substantially lower amount.

-Take the Workers' Compensation System Out Of The Courts. The legislature has already taken a partial step in this direction by requiring parties to go to a "Benefit Review Conference" at the Department of Labor before being able to file suit. Some have suggested the legislature may make the entire process an "administrative" one where the employee doesn't have the right to go to court and be heard by a judge. This would take the rights of employees out of the hands of judges elected by the people and instead put them in the hands of government bureaucrats. Again, we believe this would harm the rights of workers.

What can you do to protect the rights of injured workers? At this point, the best thing you can do is to keep informed of developments and proposed legislation affecting workers' rights. If this or other harmful legislation should come forward, you can contact your state legislators and let them know how you feel about the subject. To find out who your state legislators are and how to contact them, you can go online to www.tennesseeanytime.org/government/elected.html.

If you or a loved one have been injured on the job please call or click to discuss your work related injury with a real attorney at The Williams Law Group. We can help!

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[1] This article does not constitute, nor is it a substitute for, legal advice. Legally and ethically I am not allowed to give legal advice until I meet with you and review the particular facts and circumstances of your cases after we agree to enter an attorney/client relationship. I have created this publication with the intent of providing the reader with accurate information concerning the subject matter covered, however it is not in any way intended to give or constitute legal advice, or to serve as a substitute for the advice of your own legal counsel about your case. By creating and publishing this article, neither I, nor any attorney with the Williams Law Group is engaged in rendering legal or other professional advice, and this article is not a substitute for independent research, assessment, or advice from an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional.