The Legal Boundaries Pertaining to Worker's Compensation are Good For Laborers and Businesses Alike

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An employee that loses their arm on the job from an accident is lawfully authorized to a full workers compensation profit. The weekly rate in New York is $400 for a period of 312 weeks. For an injured employee who is unable to be cured, such as a permanent lower back injury that is diagnosed by a doctor, these weekly payments can continue for the rest of the employee's life.

This seeming contradiction dates back to the inception of workers compensation law almost 100 years ago. Numerous critical injuries were examined by the 1914 panel in order to form a comprehensive schedule of injuries; however, many were left out of consideration.

Specific guidelines were set up regarding the length of benefits for loss of hearing or the loss of a limb. Benefits are paid continuously for injuries resulting in partial or permanent disabilities which are specifically cited in the law. These conditions can include mental stress and back pain.

All of this has resulted in a system that is now paying 70 percent of it's benefit dollars to only 13 percent of its total cases! For the state of New York, this has also led to a workers compensation premium that is 72 percent higher than the national average. The effect of this is the draining tax dollar subsequently felt by local businesses, schools and governments.

On the other hand, $400 a week, which is the maximum benefit which can be collected in New York, is much lower when compared with surrounding states'. New York government has begun to look at ways to equalize this difference between these two parts of the system. Many states have already increased there maximum to as high as $685 per week.

A short time ago, Texas retained one of the worst workers' compensation programs in the country. Since then, Texas made alteration to the system they used. Texas has more injured workers than any other state, and the 3rd most expensive cost for workers comp coverage.

Another problem in Texas was the growing dropout rate of doctors. This cause the government to respond by adjusting the laws in order to generate new networks of physicians, and pay slightly more benefits to workers who has been injured. Today Texas has a new worker's compensation law that is considered one of the best in this country.

There are many ideas being considered for New York's problems, including a time limit of ten years for permanent partial disabilities. Also suggested was the possibility of upping the maximum payout to a weekly $500. Experts estimate that by implementing both of these changes, premium costs could be cut by approximately 15%.

It is anticipated that other cost saving concepts are still in the pipeline which will result in further improvement in the program. The clear answer to finding a solution to equalizing workers comp benefits is discovering where this middle ground is. Open-ended cases of back pain will be ended.

As of now, the state of California has already enforced comparable reforms for its own workers' comp regulations. In that state, a petition drive was launched to put the question on the ballot. This tremendous pressure forced politicians to act on the problem quickly and decisively.

Unfortunately, New York does not allow petition drives to force an issue onto the ballot, so New Yorkers must make their legislative leaders see how important it is that action be taken immediately. It is highly crucial that the local lawmakers inform their leaders that it is an important issue for strapped companies and struggling local government bodies.

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