• 17
  • May
    2011

North Carolina lawmakers are primed to consider a key piece of legislation that will have lasting effects on workers' compensation. The Act to "Protect and Put NC Back to Work" is a critical proposal that ostensibly would balance the budget and streamline costs for years to come. However, only business owners and insurance companies share this view. The reality is that injured workers would be adversely affected. The proposed bill would limit payment of temporary total disability payments, to nine and a half years. Benefits to dependents of deceased workers would be extended from 400 weeks to 500, and burial benefits would be maximized at $10,000.

Proponents applaud the possibility of limiting employer costs and exposure to costly lawsuits. They also believe that workers' compensation reform will make the state more attractive to expanding businesses. Opponents of the bill contend that it grants too much power to insurance companies and insurance defense attorneys. They and cite one provision that would allow employers and defense counsel to access the medical records and question the physician of an injured worker seeking compensation without the worker's knowledge. Because of this, worker advocates argue that the reforms only benefit the insurance lobby and erode workers' rights.

Workers also would have a harder time choosing the physician treating them. They would have to prove by "clear and convincing evidence" that it would be appropriate to have their own doctor treating their workplace injuries. This standard is notoriously high and a departure from the current "preponderance of the evidence" standard. This stance limits the rights of injured workers who have the unfortunate experience of putting their health in the hands of doctors who may not have their best interests at heart.

Most importantly, the additional savings to employers may actually be an additional burden on taxpayers. When benefits for injured workers run out, they inevitably will seek public assistance and Medicaid to make ends meet. The bill is still pending in the General Assembly and will likely be voted on before the current session ends.