State Senator David W. Hoyle, Democrate from Gastonia, NC, is sponsoring an act known as Sentate Bill 984 to "Amend Worker's Compensation Act" in North Carolina. This bill would have a severe and damaging impact on everyone in North Carolina who is eligible or will become eligible for Workman's Compensation benefits. In fact, it could financially destroy many families who depend on workers' compensation benefits to pay basic bills and feed their families.
http://www.aflcionc.org/news.htmThe Employer Workers’ Compensation Bill (SB 984) will devastate the rights of workers. Senate Bill 984 has been introduced in the General Assembly and referred to the Senate’s Commerce Committee. The North Carolina Workers’ Compensation System is presently a stable one that produces fair benefits for injured workers at a low cost to employers. Proponents of SB 984 say that the present workers’ compensation system is (a) too costly to employers; (b) is hurting business and business recruitment; and (c) is out of whack with the laws of other states.
They are wrong on each count. (a) According to the North Carolina Insurance Commissioner, over the past 10 years North Carolina’s workers’ compensation insurance rates have actually been reduced by 27.3%. (b) The Charlotte Chamber of Commerce, in an attempt to recruit business in November 2004, noted, “North Carolina consistently ranks among the lowest costing states for workersï¾’ compensation insurance.” (c) One of the nations’ foremost authorities on workers’ compensation, Professor John F. Burton, Jr., after having examined the latest data on the workers’ compensation costs and benefits for North Carolina in comparison to those to the national average stated, “North Carolina is below the national averages for every single comparison”.
Despite these facts, the bill introduced would have a number of completely devastating effects on the rights of injured workers. These include:
injured workers unable to return to their jobs, or to any employment suitable to them, would lose benefits if they could physically perform any job, anywhere– workers no longer would have the promise of comp benefits while recovering to resume their old job or even some similar type job;
totally disabled workers who now receive partial wage replacement for the duration of disability would be arbitrarily cut off benefits after 500 weeks;
totally disabled workers would lose all benefits at age 65 despite the lack of any retirement or social security aid;
employers presently have access to all relevant medical records about the workers’ injury, the employer’s rehabilitation specialist can visit the worker’s doctor, and the employer’s lawyer can depose the worker's doctor like any witness in any caseï¾– but SB 984 proposes that injured workers lose all rights to private communication with their doctors and waive all patient-physician privilege;
employers who admit that injured workers are entitled to compensation benefits would no longer have to begin payments in lieu of wages in 14 days and could delay any compensation for more than 3 months;
workers exposed to asbestos on the job and diagnosed with permanent, progressive and terminal disease would practically be prevented from recovering any meaningful benefits from workersï¾’ compensation– if such could recover anything, it would only be one small lump sum with no continuing wage loss payments.
Please contact the NC state representatives and say NO to this devasting legislation.