Wyoming lawmakers have agreed to review benefits paid to workers who get hurt on the job in a comprehensive study of the Wyoming Workers' Compensation program.
"We are going to look at the benefits the employee has. We want to make sure those benefits are realistic in today's economy," said Rep. Jack Landon Jr., R-Sheridan.
Several worker advocate groups are pushing for reform in the program, which they allege has evolved into an "employer protection" system that discourages injured workers from filing claims at all.
The review of workers' compensation will be led by the Joint Labor, Health and Social Services Committee, which Sen. Charlie Scott, R-Casper, co-chairs.
Landon, who co-chairs the joint committee, said lawmakers will not review the basic foundation of workers' compensation. In 1915, Wyoming lawmakers repealed the right of workers to sue their employers even in cases where the employer is proven to be negligent or grossly negligent.
The trade-off was that workers would have a no-fault compensation program funded by employers to cover lost wages and medical costs for workplace injuries.
But worker advocates allege that legislators have been swayed by the business and industrial lobby to erode employee benefits over the years. Kim Floyd, executive director of the Wyoming AFL-CIO, told the Star-Tribune he suspects workers' compensation frivolously contests claims to discourage injured employers from using the system.
The Wyoming Trial Lawyers Association, Wyoming AFL-CIO and the Equality State Policy Center are pushing for several reforms to increase death and disability benefits.
Outgoing Workers' Compensation administrator Gary Child said he welcomes a review of the benefits structure, and said it's up to lawmakers to decide the appropriate levels of compensation.
"It's appropriate to review that structure. We want to be sure we are adequate with providing benefits," Child said.
Marion Loomis, executive director of the Wyoming Mining Association, said he believes the death benefit is probably too low. Whatever adjustments are made to benefits and the program in general, Loomis said it's important to ensure that workers' compensation is allowed to remain self-supportive with employer premiums.
"If they're going to look at it, go ahead and look at the benefits in workers compensation and see if adjustments need to be made," Loomis said.
Although workers' compensation is estimated to have a cash surplus of several million dollars, there are a large number of employers who are delinquent on their payments to the program. Child said the number of Wyoming employers past due on active accounts effective at the close of February was 1,621. Outstanding premiums totaled $1,432,232, according to workers' compensation.
Energy reporter Dustin Bleizeffer can be reached at (307) 577-6069 or dustin.bleizeffer@trib.com.
Posted in State-and-regional on Monday, March 10, 2008 12:00 am
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