Before workers' compensation laws, the only recourse an injured worker had was to file a civil suit. The problem with that system was that the remedies were infrequent and court costs made it prohibitive for the injured worker. Additionally, technical defenses benefited the employer and prevented recovery of damages by the injured workers.
However, every now and then the injuries would be so catastrophic and the actions of the employer so callous that the injured worker would win. Frequently, in those cases, the award would be so high that quite often the company was forced into bankruptcy.
The workers compensation system is considered a compromise between employers and employees. The employees gave up their ability to sue the employer when an on-the-job injury occurs. In return, workers were promised prompt medical treatment and payment of benefits that would enable the injured workers to provide for their families.
In Indiana, that promise has been broken.
By any measure, Indiana's Workers' Compensation benefits have not kept pace with national standards, and delivery of services has proven to be woefully ineffective and inadequate.
Injured workers in Indiana continue to suffer with the lowest benefits in the United States, while employers enjoy the lowest insurance premium rates in the country.
Even as we prepare to enter the 21st Century, it is time to drag Indiana, kicking and screaming, into the 20th.
The Indiana State AFL-CIO urges adoption of the following reform in Workers' Compensation:
- Benefits brought to a level where injured workers can adequately provide for themselves and their families.
- Allow choice of physician.
- Require employers to replace damaged prosthetic devices.
- Speed up the dispute process to get injured workers prompt decisions.
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