Bill would limit
workers compBusiness leaders says the
benefit cuts would help reduce their premiumsBy JIM DuPLESSISjduplessis@thestate.com
Businesses might see lower insurance premiums, while workers hurt
on the job would have a harder time collecting benefits, under a
bill that could reach the S.C. House floor this week.
Tightening eligibilityfor workers compensation has been a top
legislative priority this year for big business. The S.C. Chamber of
Commerce and other business groups said paying the medical bills and
lost wages of workers injured on the job has been a large and rising
cost.The legislation is now in the House Labor, Commerce and
Industry Committee. Its chairman, Rep. Harry Cato, R-Greenville,
said he expects the committee this week to send the bill to the
House floor for debate, once representatives finish with property
tax reform.
Should the House pass the measure, it will get a cool reception
from state Senate President Pro Tem Glenn McConnell.
The Charleston Republican said he was skeptical of the need for
the changes. Also, McConnell and other legislators said their first
priority is property tax reform for homeowners.
“People back home get first place,” he said.
Some legislators questioned whether they had all the facts to
show changes to the workers compensation system were needed.
McConnell said he wants to form a subcommittee to find out if
businesses are paying too much in premiums, and if so, whether the
excess is going to injured workers or to insurers. He also wants to
examine the effectiveness of the S.C. Insurance Department’s
oversight of insurers.
Insurance Director Eleanor Kitzman said the department has
limited influence, in part because awards are determined by another
agency, the S.C. Workers Compensation Commission.
“I don’t think there’s anything we could do that would lower
rates 15 to 20 percent without doing serious harm to injured
workers,” she said.
On Jan. 2, House leaders filed a bill that contained most of the
business groups’ wish list of benefit cuts designed to reduce
workers compensation premiums. The bill has 51 sponsors, including
House Speaker Bobby Harrell, R-Charleston.
Bill Smith, a Columbia lawyer who represents injured employees in
workers compensation cases, opposes the changes, saying they gut
protections for workers.
“They’re not going to get any bang for their buck from premiums
if this passes, but it is an assault on the working people,” Smith
said.
One provision would limit benefits for workers with severe,
life-long injuries. Smith used the example of a worker who has a
back injury that a doctor says limits the worker to lifting no more
than 20 pounds and standing for less than one hour per day. Under
current law, the worker could receive 500 weeks of paid medical care
and lost-wages benefits plus lifetime medical care for the injury.
Under the new rules, the worker would receive a fraction of 300
weeks and would not receive lifetime medical care for the
injury.
The new rules would eliminate distinctions now made between those
for whom standing and lifting are crucial to their work prospects,
and those for whom those physical abilities matter little in their
professions, such as lawyers like himself, Smith said.
“But for a guy who can’t read and write and has only done heavy
labor all his life — that is a severe restriction for him,” Smith
said.
Cato, one of the bill’s chief sponsors, said businesses should
not be forced to pay more because the worker cited in Smith’s
example “did not take the opportunities available” to be educated.
“Unfortunately, he chose to limit his options by limiting his
education.”
McConnell sees workers compensation from a different
perspective.
He championed reforms last year that made it harder to file
lawsuits, by arguing that the model should be the no-fault workers
compensation system.
Workers compensation laws were enacted in South Carolina and
other states in the 1930s as a compromise between business and
labor.
“It was tort reform decades ago,” McConnell said. “I certainly
don’t want to throw the workers compensation system out the
window.”
Reach DuPlessis at (803) 771-8305. Staff Writer Ben Werner
contributed. |