Employment Reform in the States
States are sending a chilling message to millions of workers across
the country: stand up for your rights and you could be standing in the
unemployment line. Every year, hard working Americans who return to work after
recovering from injuries sustained on the job are greeted with a pink slip and
the exit, simply because they applied for worker’s compensation benefits.
Part-time and temporary workers—known as contingent workers—are often
denied unemployment insurance benefits, solely for declining full-time work
for compelling family reasons. Adding to workers’ woes, many states are
attempting to muzzle the voice of workers who have faced this discrimination by
immunizing employers from lawsuits. In a number of states there is also an
effort to make workers’ compensation claims the sole remedy for
work-related injuries, even in the case of gross
negligence or willful acts of the employer. These bills eliminate any tort
liability recovery in even these extraordinary cases.
This year, dozens of state legislatures are introducing various
measures to deal with the growing problem of employment-related discrimination.
Twelve states still permit employers to fire workers for filing for workers’
compensation benefits; the remaining 38 states provide very limited legal
protection for workers to claim their benefits.
Many states looking to overhaul the unemployment insurance system
are introducing legislation that gives part-time and temporary workers
increased access to benefits and increases the amount of money received by
unemployed workers. Most include provisions allowing part-time workers to
continue receiving benefits if they turn down full-time work for compelling
family circumstances.
The locus of the workers’ compensation reform legislation is a
provision requiring that a neutral, licensed and state-certified medical provider
conduct medical exams before granting worker benefits. Doctors hired by
the
employer or insurance company typically administer such exams. The
proposed legislation would also give workers the right to a hearing before
cutting benefits, and the ability to sue to be reinstated if they lose their job
after filing a claim.
Business interest groups argue that liability claims drive up costs and
stifle competition and innovation. But according to the 1997 Cost of Risk
Survey by Tillinghast-Towers Perrin and the non-profit Risk & Insurance
Management Society, liability insurance and workers’ compensation costs for
U.S. businesses steadily declined every year between 1993 and 1996, and
dropped over 12 percent in 1996.