Legislative Update: Status of Workers’ Compensation in North Carolina

Today I am attending a Workers’ Compensation Roundtable at the North Carolina Advocates of Justice in Raleigh, NC.  After lunch, Gina Cammarano provided us with a legislative update regarding the status of Workers’ Compensation reform at the General Assembly.

Although a bill has not yet been filed, it is clear that the insurance companies have the ears of our state representatives.  We initially thought that the bill would include a cap for lifetime benefits at 500 weeks, even in cases where an injured worker is completely and totally disabled.  We also thought that the bill would include language that gutted the statute with regards to the current requirement that an injured worker must have “substantially similar” employment to go back to work.

However, now we are aware that the effects of the bill may be far worse than originally expected…  Here are some of the things that we learned today.

  1. The proposed legislation will give the insurance companies complete control over your medical care
  2. You will be able to choose your doctor, but only from a list of doctors pre-approved by the insurance company
  3. In cases where you have the burden of proof at a hearing, you will be unable to introduce expert witness testimony from an independent doctor (this doesn’t seem to pass constitutional muster to me, but sometimes the state representative’s don’t understand that)
  4. You will have to make an election of benefits
  5. The insurance company representatives will be able to talk to your doctor without your presence or knowledge!!

This is all a ploy to transfer the burden of paying expenses for injured workers from the insurance companies that are contractually liable to pay these expenses to the taxpayers of the State of North Carolina.

Bottom Line? This bill is bad for injured workers, it is bad for doctors, it is bad for business, and it is bad for North Carolina and it’s taxpayers.  Don’t let the insurance companies reap a windfall at the expense of the taxpayers.  Contact your representative and tell them to stand up for North Carolinians and vote NO on Workers’ Compensation reform.