Page 1 of 2 12 LastLast
Results 1 to 10 of 18
  1. #1
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Formulate New WC Law

    For those not happy with their state laws governing the provision of WC benefits...or those who simply would like to live in a foreign country...where English is the defined national language...and the domestic/foreign and energy policies are yet to be formulated...

    Want your chance to formulate a NATIONAL workers' comp law?

    According to the screaming headline on today's Drudge Report, you may get your chance.

    Since the mid 1800s some Northern Californians and Southern Oregonians have pushed the idea of a state, to be named either Shasta or Jefferson.

    But perhaps they should be thinking bigger. Get your resume ready now for the post of insurance czar for the country of Jefferson. You can help formulate the new workers' comp law there. Better watch out, though. Those Oregonians may try to import their law, a law many California workers won't like.......

    Marijuana lung grower's disease will be a covered claim.

    While we're at it, we'll hire Jack Bauer as Secretary of Defense.

    I've never made a habit of getting my information from Moscow's Izvestia, but that's the source of today's Drudge headline, a prediction by a Russian professor of increasing turmoil and the breakup of the U.S. into regional states that would link the Pacific West together. Here's the link:
    http://www.drudgereport.com/flashrur.htm
    Whatever the response...still an interesting concept.

  2. #2
    Join Date
    Sep 2007
    Posts
    149

    Default Re: Formulate New WC Law

    Kudos BiVA and BiVA heads . The pure idiocy of people that are dissatisfied with Our W/C system !! Sad bastards that expect decent Medical Treatment . and to be paid their weekly percentage on more than a whim of the I/C !! Yes they are Americans !!! Yes citizens !!! between us we can get them up to speed . Yes !! you are an American a thousand times YES!!! and we are all equal !!! But you got injured at work , some are more equal and more American than others at that juncture . We injured's " The Prolitaraiate "need to grasp that . Insurance company profits come before your weekly checks and you medical and prescription care . Will you please stop complaining that your care and lives mean something!!! If an Insurance company paid all their claims to everyone they where due , they would only make a decent profit , and not an exorbitant profit!!! We are that answer !!!! and if all they ask is that , in order to deny you weekly benefits , you medications , surgeries cause the loss of your homes and families , we would want more than this , a good strong forth quarter earnings graph for the IC's of America . I think a pie graph is much bolder , don't you?

    Hey BvIA !!! I was injured helping in the aftermath Of Katrina over three years ago . Feel like helping my personally get my claim expedited ??? Thats right not one check in three years . Malingering complainer that i am . Who but you could aid me in my plight with these soulless subhuman scum?? These human filth that value dollars over lives and families of American Citizens?? Hey you could use weak word games and technics on the I/C and they'd cave in no time . and i could have money to keep my house and support my family maybe plan for the future on a less than pre-injured income ---but id just spend it on stuff and crap --Help Me BvIA

  3. #3
    Join Date
    Dec 2007
    Posts
    746

    Default Re: Formulate New WC Law

    If BvIA did help you, you would probably just waste the money on Big Macs.
    If people like you would stop whining the insurers could just keep all the money and we wouldn't need graphs. This would save paper and therefore trees and would benefit the environment as a whole. But you don't care about the environment, do you? You are only concerned about your precious body parts. You probably think you're entitled to two arms and two legs as well. Think of others once in a while. When you scream as your're ground beneath the wheels of corporate machinery, that screaming hurts our ears.

  4. #4
    Join Date
    Dec 2007
    Posts
    746

    Default Re: Formulate New WC Law

    Another thing. You mentioned Americans. You probably believe all that inalienable rights and pursuit of happiness crap. All that Constitutional B.S. Those soldiers at Valley Forge who marched in bare feet in the winter to fight for a land governed by the people. Most of those guys were just looking to get out of the house and away from the wives for the weekend.
    Never forget, the king, oops sorry, the government tells you what your rights are and not the other way around.
    Last edited by lost in connecticut; 11-29-2008 at 06:57 AM.

  5. #5
    Join Date
    Aug 2008
    Posts
    53

    Default Re: Formulate New WC Law

    lost in connecticut, You said, You probably believe all that inalienable rights and pursuit of happiness crap. All that Constitutional B.S. ...... My question to you is are you reciveing government money for yourself ? If you are, is it just not enough ? I admit up front I am not up to date on all that is right or wrong with the "system". I am however very thankful that there is something how ever much or little it is to fall back on. I agree that much has changed in the way the things work here in the U.S. OF A. since the signing of the Constitution. And those soldiers you mentioned well they are still fighting for us here at home and abroad so that you can have what freedom you do have here in this United States. I feel sad for you having that kind of view towords the rest of us citizens of the U.S.A... as it is people that elect those responsible for the changes made in the system. I thank you much for showing me just how you feel about us in these United States of America.

  6. #6
    Join Date
    Dec 2007
    Posts
    746

    Default Re: Formulate New WC Law

    Dougls,
    You misunderstand completely. I was using sarcasm in an attempt to communicate with Mad mart. You often need to read more than one posting before you can make judgements.

    Without sarcasm: The founding fathers gave us a great gift in the Constitution and the Bill of Rights. Even 200 years ago they could forsee a day when powerful money interests would control our government to the detriment of the people. The soldiers at Valley Forge perservered to throw the King from their backs and create a land where people govern themselves free from tyranny.

    What I see now are tyrants. Powerful corporate interests who reap huge profits while American citizens suffer. I don't believe that's what anyone fought, or fights now for.
    The right to not have your property taken, the right to a fair trial, the right to humane treatment....... fundamental Constitutional guarantees which often seem absent in the Worker's Compensation systems throughout this country.

    I think Mad Mart communicates his feelings through sarcasm which makes him a little hard to understand at times, but after reading his posts, I took the risk of communicating with sarcasm. The risk is that someone will misunderstand your intent.

    This thread started with a post about "those who aren't happy with Worker's Comp might consider forming their own country etc. Well I'm not happy and I'm not going anywhere!

    Not sure what you meant by "government money". Do you think I can get one of the multi billion dollar bailouts like AIG?
    If my last years bonus was more than 10 million am I still eligible. (Sorry, more sarcasm!}
    Last edited by lost in connecticut; 12-02-2008 at 08:56 PM.

  7. #7
    Join Date
    Nov 2008
    Location
    USA
    Posts
    94

    Default Re: Formulate New WC Law

    And while we're at it -- trying to make sense of what may not be rational to start with -- why are we being "advised" to refer and complain to our separate, injured worker home state legislative bodies when the WC insurers are often practicing their "WC business" in multiple states? That advantage to WC insurers is huge, the disadvantage to injureds is even greater. Any discussion of "new WC law" confined to a singular state's boundaries would easily go nowhere, like writing to your representative. I, for one, need better advice. Or, please cite a case where there are effective oversight checks and balances on WC insurers and the practices they engage in? Just how is the insurance industry funding all those attorneys, doctors, nurses, adjusters and other personnel they hire to "oversee" (interfere) in injured worker medical care? If it's from employer premiums then employees need to know this cost is depressing their salaries because what employer doesn't "pass on" costs before profits even if it's only "insurance" for work accidents? You all "see" in your pay stubs you are paying the premiums for your group health plans, don't you? Do you "see" where the WC premiums come from? No you don't -- because you're not supposed to know where the worker compensation monies come from! You might begin to discuss it or shed some light on it. Every worker/employee is "just an accident away" from the injured worker compensation maze of misery.

    When some abusive practice "works against" WC injured client "rights" to equitable and reasonable compensation in one state one day, it spreads like wildfire to become the new next day bureaucratic policy for more fleecing the injureds of their beleaguered medical benefits. The balance is tipped to work against the very principle and definition of "compensating" for injured worker medical care across many states in a very short time. Asking for recognition and cognition at your local state level is like a weakly bleating sheep in a fenced field begging for sustenance from the wide ranging predator wolves. When more layers of medical professionals are hired into insurance companies for easy desk jobs and no need to actually interact with patients, only their medical notes and files, you can bet these "pros" are an anathema to their chosen careers and the medical field schools and colleges: Hired by WC insurance as an in-house "nurse adjuster" or outside "IME doctor" but paid by the insurer to counter the genuine medical care the "real" nurses and doctors are trying to provide. When actual "treating" doctors are harassed with "insurance doctor" designed queries into their skills and credible opinion you have a neat "Insurer Strategy" for diminishing the "power" of the real doctor's authority in the WC patient's case.

    State legislators can't hope to be so nimble as the insurance industry which can implement WC case-damaging policies and practices at the speed of an office email system -- but we all know now, after attempting that course of communicating with our reps, that these bodies are the most intellectually challenged, disinterested, distantly removed, and effectively without conscience among us. Insurance industry lobbyists and legislators resemble symbiotic twins toasting Big Business profits, and jobs creation, off the backs of injured employees and, ...how fine it is there's no need to bother any more with worker safety, employer negligence and other "minor" business problems! The insurance industry is brokering the Worker Compensation "managed" dysfunctionality. Keep studying it because most WC-covered employers ALSO buy group health insurance plans for (non-injured) employees. Tell all your uninjured worker friends and neighbors. Coming soon to all worker/employees in your locale -- the insurer wedged in between you and your doctor!! "Open wide, wider..." Say, "AAHHHHhhhhhh!"

  8. #8
    Join Date
    Dec 2007
    Posts
    746

    Default Re: Formulate New WC Law

    The problem as I see it is that we think someone will ultimately protect us. Certainly we expect protection from our attorneys........... need I go on.
    After the delaying tactics employed by insurers, many injured workers arrive at their first contact with the Workers Compensation authorities expecting relief from such abuse. When we don't find it there, we go to our Governor's, our Legislators, our Insurance Boards. We write our letters, contact the media, and feel sure that someone will help us. The results are lukewarm at best.

    After suffering repeated abuses in the form of deliberate delays, and horrible harassment at the hands of the insurer I felt that when I told the Workers Comp authorities what had happened they would stand up and say "YOU DON"T TREAT PEOPLE LIKE THAT!"
    Boy was I naive.

    Our Government appears too busy to care about a giant insurance bully kicking the crap out of a few injured workers down the end of a dark alley someplace.

    I'm becoming increasingly convinced that rather than waiting for someone to protect us, we may need to start thinking about protecting ourselves. The odds are against us, but we are right and they are wrong. That should help.

  9. #9
    Join Date
    Nov 2008
    Location
    USA
    Posts
    94

    Default Re: Formulate New WC Law

    People are "treated like that" because worker/employees of WC-covered workplaces have no Right-To-Sue and worker compensation is supposed to be monetary & medical benefit COMPENSATION in lieu of suing the employer in the event of injury on the job. It's not compensation so much as it is unequal "competition" between insurer and injured worker. This is set up that you should have no medical expenses or if you do you should have to shut up and do what you're told, take what's "given" (not receive what's needed or required for your medical care) or "fight" (compete) with a whole bureaucracy paid to stall, deny, ignore, refuse, micromanage and "hurt" you for getting injured. (This is great material for a Michael Moore investigative documentary!)

    If things do not go according to the principle of compensation for injury, and because insurance profits are big business there cannot hope to be equitable value, security or principled business treatment for the injured worker, there is no LAST RESORT reinstatement of the worker's right to sue where our unprinicpled insurers can even begin to be brought into line. All behaviors, biases, inequities and injustices from WC management takeover of injureds medical benefits stem from an absence of rights to sue and appeal. You give these away whether you know it or not, when you go into your place of work and get paid for the job you do.

    At best there may be an insurer-controlled grievance/complaint office, again without any equal voice or protection from bias for the injured worker client of WC business. WC is free of any and all final responsibility to do the right thing. Over and over WC has been shown it can and will excuse itself from doing the right thing because to do so is its "right" to be in and do business. In fact, the profits of the WC insurance industry cannot afford to compensate the injured with exactly what s/he needs and requires of medical benefits. Under the profit principle it must always undercut the principle of actually and properly compensating the injured worker. The ony way around this is to install a last resort right to sue the insurer for practices and policies that do not approximate the value of the individual's right to sue for monetary and medical benefits. What is that value? Well, let's go back to the fact that suing an employer could mean huge monetary awards to the injured worker. (Even with the caps --which you all should have not let happen!! That was one big theft of your rights by "your" governments and businesses.)

    The profit motive ceiling has no cap and providing the injured adequate and appropriate medical care only lowers the profit ceiling. On the other hand your weekly benefit has a cap (ceiling) and the cost of medical care against the profit for the insurer is where the games begin. The insurer has to de-fraud the injured worker for every last penny possible. As long as the injured worker has no protection in a right to sue the insurer can legally de-fraud you. And, the insurer makes a huge "investment" in all those people it hires and pays to do your case in! Even sports games don't pit unmatched combatants in competition -- but the big business bureaucratic behemoth insurer is the individual injured worker's adversary. It looked hopeless for David up against Goliath, but David had his slingshot. That's the injured worker's right to sue -- but you don't have a slingshot!

    The insured employer leaves it to the insurer to take those premiums and handle the injured employee medicals. The ideal situation for both employer and insurer is the injured worker should cost the minimum amount for medical care. That minimum becomes the highest standard of care that the insurer will do everything to profit below. It is the insurer who then proceeds with great appetite and motivation to reduce the medical care case down to its lowest and smallest payout of funds from the premium pool accounts. The insurer can raise those employer premiums if medical costs on injured workers don't look good to stockholders who also have no caps on their appetite for the fruits of business profits. The employer can feign concern and squawk about the cost but it'll come out of salaries -- right, you pay for the results of having no right to sue but you are at the same time THE fodder of the WC insurance industry! You are the slave and now you can't be "worked." When you are injured you become a liability and a cost factor. You have no rights if you have no one final right. All the management policies and procedures are and will be biased against you and in favor of the insurer. It's quite the royal scam and it's all derived from taking your right to sue for injury on the job.

    The injured worker as well as all currently uninjured employees, sorry to say, have zero authority or power or recourse in the event of the failure of insurance business practices to produce the full and rightful compensation that is due. Injured on the job you do not have the right to sue if all else fails in your claim for compensation. Oh, you're still going to Court and paying for your attorney out of your weekly benefit but the crumbs you're fighting for are laughably nothing compared with being in Court suing your employer. It'll take a long time, too, which some here defend as what was "good" about WC legislation early on. I agree, early on it was a better plan. But when you wait for more than a year for a resolution on a controverted prescribed treatment, and you have to repeat these waits for hearings every few years, it adds up that the maybe eight years or so to get to Court to sue would be a shorter time frame than being strung out haggling over comparatively tiny medical details year after year without end. WC today without new legislation to regulate insurance fraud against the injured is not a viable, reasonable plan, and it is a business-industry that deserves the contempt a thousandfold more than what it delivers in fraud, contempt and dishonorable motives to the injured worker.

    A doctor told me WC is now interfering with the doctor on every case. Even in a 75 year old's very long-standing case -- and you know that injured worker's weekly benefit is by now far far below minimum wage! Just remember, those weeklies are capped and there's no COLA. Hopefully, most injureds can get back to work, but how's the plan working for those who can't? With the right to sue you could be properly "compensated" in less than a decade. Without it you will be harassed and abused for the rest of your life and without timely proper medical treatment or adequate monetary benefit. When someone says, "That's the way it is" you need to "educate" every last working friend, family and neighbor. Get it out on YouTube, get it inside the workplace, get it on every blog, get it into conversation, inspire your doctors to organize against insurance encroachment on their professional work, lobby to disallow insurers to hire excesive non-treating medical professionals... You, injured worker, had a right to sue for injury compensation and those who hold that right in abeyance are fallen down on the deal. The legal and contractual suspension of the worker's right no longer weighs equal to the compensation that former right would permit. In my opinion it is become an illegal contract

    The majority of Americans are: human beings; employee/workers for WC-covered workplaces; tax-paying citizens when they work; local, state and federal voters. They are living, breathing, magnificent entities. They are hard workers, working to be able to make healthy families and educate their children -- to go on to work at good jobs....Unfortunately, they do not have equal rights up against business and other enterprises. Business and government are powerful corporate entities but they do not live, breathe, work as we do. They are inanimate paper "beings" with more rights than individual worker/employees will ever have. They hold your right-to-sue (which in this country should be an inalienable human right) while you are working for them. You have done nothing wrong -- you work, you shop and get services from businesses and government institutions, you vote, pay taxes. But they have nothing but contempt for workers and your value in their corporate eyes is as low as it can go -- you are not human in their greedy blind eye. You are something to be used as long as they profit off you and after that their attitude is "get out of our face"! You are no more than a modern beast of burden, like the mule and slave team in pre-industrial era fields.

    Here's a thought: all those insurance company jobs are more valuable to the state than the injured worker is. All those adjusters and the like pay taxes. They count as jobs. The un-taxed WC recipient is inaccurately perceived as "a welfare slob." As if: 1) you did not contribute in lower salary when you worked toward employer insurance premium costs; 2) it's always your fault you got injured at work; 3)your right to injury compensation has no value; 4) if you weren't in pain or incapacitated from work injury you still wouldn't be in a job; 5) you are thrilled to be home on weekly benefits with caps and never a cost of living adjustment; and, 6) you can pay for your own medical care and get income some other way. So on and so forth. The contempt for the injured worker is a public relations snow job so all the as-of-yet uninjured employees don't become aware of the truth of the experience and status of the hog-tied injured worker with no means of defense against Worker Compensation schemes.

  10. #10
    Join Date
    Dec 2007
    Posts
    746

    Default Re: Formulate New WC Law

    I 100% agree with your assessment that there is a nationwide insurance strategy to deny injured workers their rightful benefits. The next natural step is to prove it.
    I think this would involve choosing one insurer and documenting a pattern of behavior across state lines.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer