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Florida Justice Association

“Compromise” Workers’ Comp Proposal Is Nothing But a Handout to Insurance Industry

Posted on April 10, 2017

Florida Justice Association Criticizes Amended HB 7085

The so-called “compromise” workers’ compensation proposal embraced by a House committee last week is no compromise at all, but instead is a handout to the insurance industry and its big-business allies – one that does little to benefit injured workers or most employers. The Florida Justice Association says the plan wipes out countless injured workers’ ability to afford legal help when insurance companies wrongfully deny benefits, without providing other new benefits to offset this added burden. 

“We’re extremely disappointed in the workers’ compensation proposal passed by the Florida House Commerce Committee. The revised HB 7085 severely limits an injured worker’s ability to achieve the real goal of the Florida’s worker’s compensation system: To help them get well quickly and return to their job,” said Richard Chait, Chair of the Workers’ Compensation Section of the Florida Justice Association.

Chait said any workers’ compensation reform should include some opportunity for injured workers to select their doctors; a mid-level tier for benefits; transparency and competition in the rate-making process; and reasonable attorney fees so injured workers can have access to the courts. 

“The eventual outcome of the current approach will be that more injured workers will receive inadequate health care treatment to help them recover. Injured workers will be hard-pressed to return to work with their employer, and this will put an additional drain on government social programs,” added Chait. “In the end, the burden for those costs will be shouldered by Florida taxpayers.” 

Current workers’ compensation law has been roundly criticized for being tilted in favor of insurance interests over injured workers, and key components of the law have been ruled unconstitutional. The law forbids injured workers from bringing liability suits against their employers. The “grand bargain” between workers and their employers is intended to provide medical and other benefits to make those injured well and return them to work with minimal involvement from other interests.  

The proposed legislation allows insurers to continue choosing injured workers’ doctors and to determine whether to grant or deny benefits recommended by those doctors. It also limits attorneys’ fees when those benefits are wrongfully denied. Attorneys representing insurance companies have no limitations on their own fees or the number of hours they can charge, win or lose, while the injured person’s attorney can be paid only if they successfully prove the benefits were wrongfully denied. 

“The bill in its current form misses an opportunity to enact true, balanced, and comprehensive reform to make the system better for injured workers,” Chait added. “The only people smiling about this proposal are the corporate and insurance special interests who received a windfall at the expense of workers.”

Filed Under: Featured Tagged With: “Compromise” Workers’ Comp Proposal, Amended HB 7085, Florida Justice Association, Handout to Insurance Industry

FJA Chair Statement in Response to Today’s Filing of Senate Bill 1582

Posted on March 3, 2017

Richard Chait, Chair of the Workers’ Compensation Section of the Florida Justice Association, issued the following statement in response to today’s filing of SB 1582:

“While our team is still carefully reviewing the legislation, early indications are that Senator Bradley’s bill which was filed earlier today is a step in the right direction for Florida’s workers and businesses. Our priorities continue to focus on ratemaking reform which provides for competition in the market and promotes transparency, some element of choice in medical treatment for injured workers, a meaningful post-MMI benefit for those who are unable to return to their former employment and the responsibility for insurance carriers to pay reasonable attorney’s fees when benefits are wrongfully denied.”

“As we anticipate that workers’ compensation will be a top priority this session, we look forward to working with the Legislature and the business community to enact meaningful reforms which will impact the well being of employers and those workers who have the misfortune of suffering work-related injuries.“

Filed Under: Featured Tagged With: Florida Justice Association, Senate Bill 1582, statement, Workers’ Compensation Section

Statement from Richard Chait Following Today’s Workers’ Compensation Panel Discussion

Posted on February 8, 2017

“It’s a shame the opponents to workers’ compensation reform continue to rely on the same tired old arguments of ‘blame the lawyers,’ rather than working on meaningful solutions that will help Florida’s businesses and workers. The insurance industry has been using an improper, unjust process to line its pockets, and it’s time the workers’ comp system was fixed to benefit those who are truly supposed to benefit from it: Florida employers and the hard-working men and women who depend on them for their jobs. We look forward to continuing to work with the Legislature to enact meaningful, workable reforms.”

Richard Chait serves as Chair of the Workers’ Compensation Section of Florida Justice Association

Filed Under: Featured Tagged With: Florida Justice Association, Panel Discussion, Richard Chait, statement, workers' compensation

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