California Workers' Comp Overhaul Brings Tradeoffs for Injured Employees

November 06, 2012

California Workers' Comp Overhaul Brings Tradeoffs for Injured Employees

California Governor Jerry Brown recently signed off on a major overhaul of the state workers' compensation system. The bill, which is intended to reduce costs and streamline the claims process within the California workers' compensation system, has received widespread support on both sides of the aisle and is regarded by some as victory for businesses and injured workers alike. However, the bill's long-term consequences for injured workers in California remain uncertain.

The new law brings major changes to California's century-old workers' compensation program in response to concerns about rising insurance costs and lengthy, complicated claims processing. Included in the bill are new provisions that affect how benefits are calculated and how disputes over medical treatment are resolved, as well as provisions that eliminate coverage for certain conditions that frequently lead to protracted litigation. The bill also provides a modest increase in permanent disability benefits available to California workers.

New Workers' Comp Law Comes With Tradeoffs

Supporters of the reform hope the measures will benefit injured California workers as well as employers and insurance companies. The changes are expected to improve the efficiency of the claims process by trimming costs and providing faster access to medical treatment for work-related injuries.

Along with the expected benefits, however, come some potential drawbacks for injured workers in California. For instance, while the bill is intended in part to increase the benefits available to employees who suffer work-related orthopedic and internal injuries, the legislation will bar concurrent claims for certain secondary injuries such as stress disorders, sleep disturbances or sexual dysfunction, which often derive from underlying orthopedic or internal injuries and have often been associated with extensive litigation in the past.

Another provision of the new law, meant to cut costs by preventing lengthy court battles, requires that workers with disputes over their medical treatment will have them resolved by a medical review board appointed by the governor. The decisions of the review board will be final, meaning that they cannot be appealed. Previously, injured workers could request an expedited hearing before a workers' compensation judge or have their medical disputes reviewed by a neutral doctor.

While the new process is expected to provide a much faster process for resolving disputes, some workers' advocates have expressed concerns that the medical review board's decisions may be overly influenced by cost considerations, rather than by medical necessity.

Legal Help for Injured Workers in California

In light of the recent changes to the California workers' compensation system, it is more important than ever for workers in California to seek legal help when dealing with a work-related injury or illness. If you have become injured or ill in the line of work in California, a knowledgeable workers' compensation attorney will work hard to protect your rights and will advocate on your behalf to help secure the benefits you need.

Article provided by Law Offices of Thomas Hoegh
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