Legislators mull
workers' compensation limits
Associated
Press
COLUMBIA, S.C. - Employees who don't follow
workplace safety rules wouldn't have their injuries covered by
workers' compensation insurance under law changes the House is now
considering.
It's a change that Rep. Bill Sandifer, R-Seneca, would like to
see in a no-fault insurance system that protects employers from
open-ended lawsuits from injured workers and ensures that employees
get payment for their injuries.
Sandifer wants to restructure the insurance system that helps
nearly 90,000 people hurt on the job each year.
Workers' compensation pays medical bills, death benefits and
long-term disability or disfigurement that arises from injuries.
Under current law, who is at fault is not a factor in paying
death or injury benefits, said Gary Thibault, interim director of
the S.C. Workers' Compensation Commission.
"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," Sandifer said of a proposal to stop claim payments to
workers who don't follow safety rules. In the long run, workers will
benefit, he said.
Sandifer says changes in the system will lower claims and
insurance premiums. That would cuts the costs of goods and services,
he says.
During more than six hours of public hearings in a subcommittee
of the House Labor, Commerce and Industry Committee during the past
few weeks, Sandifer has yielded in other parts of his workers'
compensation overhaul.
For instance, Sandifer said that workers' compensation payments
to inmates should be eliminated. But then someone asked what happens
to the children of inmates who would rely on that money for food and
clothes. Sandifer said he now thinks the bill should be changed so
children could still get the money.
The overhaul effort has run into criticism from groups who point
to studies that show South Carolina has one of the nation's
least-expensive systems.
The system has more immediate needs, Earl Ellis, president of the
South Car Bar says. For instance, the Workers' Compensation
Commission's ancient computer system needs to be updated, 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 and other also have reintroduced legislation this year
that would eliminate the Second Injury Fund.
That program is intended to help workers with previous injuries
return to the work force by shielding them from claims tied to old
injuries.
Proponents say that's no longer needed because federal law
prevents discrimination in hiring based on disabilities. Opponents
say that federal law does not apply to the small employers that make
up the bulk of South Carolina's economy.
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