Talking Points for Session 2005 Reform for Injured Workers

SB 2416 Support it!
SB 2416 (Sen. Hill) addresses the needs of the injured worker. The legislature has addressed the problems of the carriers, the health providers, the employers, all to the detriment of the original clients, the injured worker. Its time to fix this.

Stop harassment of activists.
Injured workers who speak up about the bad service of carriers and employers often become the victims of illegal harassment by carriers who illegally delay, deny or change legal or medical orders. We have reported this problem to lawmakers and DFS officials who don't seem to be able to put a stop to this harassment. What state agency CAN protect and defend injured workers from these tactics?

Fraudulent or noncompliant actions against injured workers are too hard to fix in a reasonable amount of time.
Illegal actions by carriers toward injured workers are not covered under fraud statutes, which seems counter-intuitive. Rather those activities must be reported as non-compliant to state authorities through a third party. There is little statutory risk to carriers that delay or deny legally deserved benefits, while these illegal activities can threaten the lives and well-being of injured workers.

Injured workers must have a choice in the doctors who treat them.
It will result in faster recovery. An injured worker must feel s/he can trust his/her doctor and have a say in his/her treatment plan in order to recover more quickly. Please see SB 2416 for possible solutions.

This must change: Loss resulting from illegal actions is not redressable nor are there adequate incentives to avoid those actions by carriers.
Redress of loss or damage to injured workers caused by non-compliant or illegal activities must work through the workers comp judicial system, rather than the regular courts. There are massive backlogs and delays in the JCC system, resulting in onerous delays in needed and legally mandated medical and financial assistance. These health and financials costs are NOT reimbursable although they are the direct result of the carrier's illegal actions.
See a compelling example at www.voicesflorida.com/inthenameofcomp.html .