Posted: March 21, 2012 in Accidents, Workers Compensation
Tags: , , ,

I recently read an article where a painter consumed “a small bottle of whiskey and more than half a fifth of vodka” while at work.  The painter then proceeded to nap in a closet for a few hours, subsequently woke up and fell down an elevator shaft.  The painter applied for workers’ compensation benefits, the employer denied workers compensation benefits, and the case was taken to court.

Ultimately, the painter was denied workers compensation benefits because the painter “was not fulfilling work duties and was not engaged in an activity incidental to his work.”   WHAT IF he picked up a paint brush and started painting before he fell into the elevator shaft, but was still drunk?  Would he be eligible for workers compensation?  According to the courts:  Yes – the painter would have been

In my opinion, the entire workers compensation system in the United States needs a major overhaul.   While I completely understand and support the rationale for a workers’ compensation system, it is abused, misused, and costing companies millions of dollars, which ultimately cost consumers money.

Individuals, who file fraudulent claims, and the medical professionals associated with such claims, should be prosecuted to the fullest extent of the law.   Penalties need to be substantially increased for individuals who file fraudulent claims.   Medical certifications need to be revoked for medical professionals who are associated with fraudulent workers compensation claims.   Put some teeth in the system – not just a slap on the wrist.

As a consumer, reduced workers compensation costs mean lower prices (or smaller increases).  I am in favor for saving money – what about you?

STAY SAFE!     **  Jeff  **   214-215-2434

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