Posted on Sun, Feb. 13, 2005


Many factors to weigh in workers’ comp bill


Staff Writer

The idea to eliminate workers’compensation payments to people in jail sounded good to S.C. Rep. Bill Sandifer, R-Oconee.

Then, someone asked a question about the bill he sponsored: What if the inmate has children who need the money for food and clothes?

Sandifer said he now thinks the bill should be changed so children could still get the money.

This is just one small example of the complexity involved with a proposed bill to restructure how South Carolina pays workers who are killed or injured on the job.

But Sandifer wants to give restructuring a shot, and the House of Representatives’ business and commerce subcommittee has heard about six hours of testimony on the proposed changes. More hearings are expected before a vote could move the bill to the full committee.

S.C. workers’ compensation laws cover the roughly 90,000 people hurt on the job each year. Under the system, companies must pay medical bills for injured employees. The laws also provide formulas for determining disability and how much money beneficiaries receive after a worker dies on the job.

Under the current law, it doesn’t matter who is at fault in the injury or death, said Gary Thibault, interim director of the S.C. Workers’ Compensation Commission.

The law also protects businesses from lawsuits when they are at fault in an injury or death, Thibault said.

Proposed changes to the law could alter the no-fault approach to paying claims. Among other proposals, claims would not be paid to workers who did not follow safety rules.

Sandifer said the changes would make the state more business friendly.

“We’re trying to give a level playing field, so a business feels like they are getting a fair shake if there is an injury to a worker,” he said. “My own belief is it will be beneficial to the worker in the long run.”

Sandifer’s theory maintains that a better system would lower claims for businesses and therefore would lower the insurance premiums that businesses pay. As a result, the costs of goods and services would fall.

At least a dozen people — representing groups ranging from insurers to unions — have spoken for and against changes to the current system.

Some of the testimony before the subcommittee has pointed to national studies that show South Carolina has one of the nation’s least-expensive systems.

The South Carolina Bar believes the Legislature should avoid abrupt decisions and further study the system, said Earl Ellis, bar president. Mainly the General Assembly needs to give the commission money to improve things such as its ancient computer system, he said.

“I think the perception is the workers’ compensation system in South Carolina is broken. When compared to other states, it does pretty well,” Ellis said. “It’s not as good as it could be, but that’s solely because it’s underfunded.”

Sandifer said he’s open-minded about the changes.

“This is going to be a lengthy debate,” Sandifer said. “All of us expected that.”

Reach Phillips at (803) 771-8307 or at nophillips@thestate.com.





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