Toxic and Chemical Injury:
Clear and Convincing?
Mary Bailey, October 31, 2005
Honorable Lawmakers,
Voices, Inc. would like to address the 2003 law SB 50A regarding chemical/toxic injury/ illness at the workplace.
Before 2003, chemical and toxic illness or injury was extremely difficult to prove. After lawmakers gave into insurance lobbyists in 2003, proving chemical/toxic injury became virtually impossible.
Because of the new laws you put into affect in 2003, my advice to Floridians is to avoid working with any chemical or toxic agent under any circumstance. Why? If you become ill from such an agent, it will be next to impossible to prove the injury or illness. You will have no medical or financial assistance available.
I call for unions and individuals to boycott that line of work until the law is changed.
With SB 50A in effect, no one in their right mind should handle these agents.
That however does not cover all chemical or toxic agents. There are people who work in facilities that have toxins and mold and never know it until they become ill. So what about these people? How will they prove their exposure?
Injured workers of this state ask you to please review all of the SB 50A law passed in 2003 and particularly the toxic and chemical injury section. We ask you to reverse that law.
Injured workers want a fair playing field. We didn't have a fair playing field before SB 50A and now things are much worse.
Please review the talking points and reconsider your position on the law regarding toxic and chemical injury to workers, especially that of requiring a "clear and convincing" rather than "reasonable" evidentiary standard.
The answer to fixing comp is to get people speedy and competent medical treatment and back to work ASAP. The answer is having employers re-employ their injured workers with their limitations whether they be temporary or permanent limitations. Injured workers should get the same health care as anyone else. There are some who do not consider workers compensation an insurance policy. Especially insurers. We should be able to choose our doctors, get their treatment plans, and get back to work. That will not happen as long as you let insurers pick the doctors, trying to minimize the severity of the injury or ignore it period which eventually leads to more expensive medical treatment and permanent disability.
Once again I ask you to take the time to meet with us on the comp issues. We can help resolve this crisis. When will you give us a chance to be a part of the process?
Mary Bailey President, VOICES Inc.
7937 Jaguar Drive Jacksonville, FL 32244 904-778-9344 www.voicesflorida.com
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