Illinois Workers' Compensation: Time is running out
The pressure is on by Illinois businesses to pass reform to the Illinois Workers' Compensation Act. With the increase in sales tax and promises by other states with lower operating costs, the Illinois legislature is working to appease Illinois businesses and still provide benefits to injured workers.
But it appears that time is running out.
That argument is that Illinois businesses are more concerned about their bottom line than taking care of their employees. Business contends that workers' compensation costs are too high in Illinois and that the current system is too "lax"
Doctors are arguing that the proposed 30% fee cut is way out of line.
"Politically, it's a minfield," sais Senator Kwame Raoul, a Chicago Democrat. "I think in the end nobody will be happy...but you want everybody to put some skin in the game."
Legislators agree that the system needs some overhauling. They want to make business happy and address the abuses. Lawmakers agree on a large portion of the proposed reforms, but there are some sticking points.
Raoul believes that Arbitrators and attorneys are too friendly. Governor Quinn's solution is to replace the current arbitrators with licensed attorneys who serve three year terms.
Business groups and Republicans believe that there needs to be more uniformity in determining a worker's impairment and disaility. Some lawmakers believe arbitrators should use the standards that the American Medical Association uses. These guidelines would be used to determine a worker's level of disability or a worker's ability to do their job. However, Illinios doctors say that the AMA guidelines were never intended to be used in workers' compensaiton cases.
The biggest sticking point centers on a worker proving that their injury is related to the their job. One of the proposals would require a worker to prove that their job was more than 50% responsible for causing their injuries compared with other factors such as their health or their age.
Republicans believe that without addressing causation, the bill would not be as effective as it needs to be. But Democrats, labor groups and trial lawyers believe that the issue of causation is addressed in the Illinois Workers' Compensation act and is strong enough. The Act reads that an injury must be "out of or during the course of employment."
Illinois businesses want employers to have more of a say in what doctor an injured worker should be allowed to see. Unions are saying that employers should not force an employee to see a doctor they don't want to see. There is a misconception that you can "doctor shop." However, the Illinois Workers' Compensation Act allows for the employee to see two doctors of their own choosing. Any bills incurred by a third or fourth doctor have to be paid by the employee.
There's a propsal for setting up a network of doctors who are prescreened. "We think that's a reaosnable solution" said Illinois Department of Insurance director Michale McRaith.
Quinn has ordered lawmakers to stay in Springfield until he gets a bill on his desk. "Nobody is going to get scalped, But evernyone is going to get a haircut."
