The Legislature is considering a bad bill (Senate Bill 461), backed by the Kansas Chamber of Commerce, that would make it harder for workers to claim disability benefits by expanding the definition of “pre-existing condition” to include nonsymptomatic conditions, such as the wear and tear of aging itself.
Not only is this unfair, especially to older workers, but it’s also a solution in search of a problem. As our editorial on today’s Opinion page notes, Kansas ranks 44th in the nation in workers’ comp benefit levels, and 44th in premium costs to employers.
Workers’ compensation is hardly a major burden on Kansas businesses.
Posted by Randy Scholfield
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21 Comments
I can’t stress strongly enough how much damage this bill could do to our fair state and its workers! This bill would cheat many laborers out of their right to medical care after being hurt on the job, then push them into the medicaid system for the taxpayers to take care of when their employer refuses to take them back with restrictions from injuries. There is a reason why this is commonly called “The disposable workers bill”.Please contact your congress person and voice your displeasure that a bill of this nature would even be considered. The contact numbers can be found at numerous web sites of human rights and labor groups that oppose this legislation. The groups vary from the Kansas Coalition for Workplace Safety (www.ksworksafety.org), the Kansas Trial Lawyers Association, (www.ktla.org), and the Kansas State Firefighters Assn. (www.ksffa.com). The AARP and every Union I know of is strongly opposed to this bill.The only group pushing hard for this bill is the Chamber of Commerce. They are clearly not a friend of the person who works for a living.
Being as Kansas is a friend to business, and an enemy of the worker, I expect nothing else from the legislature. Every working stiff in the state can voice their displeasure with this slap in the face, but the big money in this case will prove victorious, I’m afraid. Sad.
This bill is class warfare, pure and simple. It doesn’t make any difference to The state Chamber of Commerce that work comp insur. rates are very low, and are going to fall more. They simply want more power and economic leverage over their workers – many of whom will suffer injury because of unsafe equipment and employment practices.
I’d like to see the trial lawyers fight back. After all, if a worker puts in long hours at the job that is time that he cannot be at the gym maintaining his body. Therefore much of the “natural aging” can be blamed on the workplace.
If the insurance rates continue to go up then business cannot afford to pay higher wages. Business wants to take care of their employees and provide benefits but they cannot do that if their business expenses continue to go up.
It is not class warfare. An employer should not be responsible for a previous condition. Worker Compensation is about an employee being hurt because of the employers negligence.
So Sally, this is so funny. I hope you meant it that way.
“Business wants to take care of their employees and provide benefits”
Gee, what do businesses in the other 43 states do? They seem to provide for their employees just fine.
And…I dont see businesses from those other 43 states FLOCKING to Kansas to take advantage of our favorable environment. Something to do with us being backward, ya know?
The Kansas Chamber of Commerce SUCKS!! BIG TIME!!!! They do way more harm in this state than good.
When was the last time we heard anything about their efforts to bring new jobs and business to the state? Could it be we dont hear because they dont DO anything but collect dues and lobby for big business? Take a look at their membership list. Very enlightening.
Oh I forgot, they WHINE a lot too.
Still fuming about this. Businesses in Kansas want to practice, unfettered, the “GE” theory of workforce development.
What is the “GE” theory? Treat employees like lightbulbs.
Plug ‘em in. Burn ‘em out. Replace them.
Randy, dont you know that according to the Kansas Chamber, even ONE dollar of tax money paid is too big of a burden for them to function in our state.
If we dont start pumping some corporate welfare their way, and soon, they will all die, dontcha know?
How can we justify spending any money to educate our children when the Kansas Chamber members need our corporate welfare dollars so desperately.
Buddy, can ya spare a million?
We all got outraged when Wal-Mart told it’s employees to apply for medicaid; isn’t this bill exactly the same thing? Employers want the state’s protection from employees’ lawsuits for on-the-job injuries, but they want it for free and screw their workers!
Just one more milestone in Kansas’ race for the bottom. Sally, when was the last time there was an increase in Workman’s Comp rates?
There’s an underlying theme here; the take-over of America by big business.
Government by the people for the people?
BS!
Good bill! It’s about time somebody deals with the fraudulant claims under workers comp that is prevelient in our system. It robs and cheats those who have legitimate claims.
I can’t tell you how many times people have faked disability claims. Also the amount of people who have pre-conditions that they don’t reveal to their new employer and two days later they claim disability on that employer.
Wokers comp will take care of those who have legitimate disabilities caused by the work place, but we need to get fraud out of the system because it’s costing us all.
Kudoes for Kansas Chamber of Commerce for being progressive and looking after the interest of taxpayers and the workers.
Didn’t the Kansas Chamber of Commerce fight, every step of the way, increases in public school funding. That turned out to be good advice for the Legislature, huh?
Gosh,I was wondering what that foul smell was. It was only “he-who-shall-not-be-named” posting.
Joe,Some years ago, I was injured at work (a busted arm), and taken to the hospital, where my employer tried to tell them I wasn’t injured at work and not to file for worker’s comp, and told me to make up something else, because if his rates were increased, I’d be fired.
They should scrap the entire so-called “workers comp” (sic) system and let us take care of ourselves. I know some good lawyers who would love to see the State remove the shield currently afforded to corporations.
“I can’t tell you how many times people have faked disability claims.”Obviously. That’s because you have no clue.
I don’t know XXX. After all, the former Republican Insurance Commissioner Fletcher Bell sure did a good job of faking it. That is why he was such a strong advocate of cutting off REAL workers after he got HIS largesse.
I think Bell was one of those great honest Kansas values GOP types Joe supports so strongly.
Ben, I just don’t understand how a guy could be so consistently anti-people. I don’t like to wish ill on anybody, but it’s hard not to hope Joe gets the “benefit” of some of his positions. It would be interesting to see how his position changes as he gets older.
There will always be businesses and individuals alike who will find a loophole and abuse any system they can to benefit themselves. It is unfortunate.In an idealistic world companies would ALWAYS provide a safe work environment and make sure ALL employees injured on the job were fully compensated.Unfortunately, we live in an opportunistic society. Good businesses get predators looking for a way to pay for much needed medical attention. Good people who are injured on the job end up spending a lot of time and money on fraudulent work comp.’s. The dishonest businesses and individuals do what? what price do they actually pay? I’ll have to research that…This is a problem of a much larger scale. In my setting, more work comp.s are due to people desperate for medical treatment that they cannot afford than a work place injury.Most companies smile, nod, and pay. Employers that do not take care of their injured employees will not do so, if they can get out of it, whether this bill is in place or not.It is a black and white issue.Work comp. insurance is for those who have been injured on the job. Medical insurance is for those with medical issues that are not work related.Let’s not hate Kansas legislation. Let’s address the real issues and find a way to fix them.
The Kansas Work Comp System IS Broken! The injured worker isn’t protected, only the businesses and WC Insurance Carriers have rights. When an injured worker sits for a year or longer, having begged and pleaded for medical assistance, their attorney doesn’t do anything to ensure this happens, there is a problem. The injured worker suffers mentally as well as physically, however the mental aspect isn’t addressed to ensure their success in returning to the workplace. Kansas Employees keep the business open, without them there would’t be a business! Shame on a system that shows the injured worker how little they matter.