A Response To The Proposed Illinois Workers Compensation Reform

An interesting article was published last week in the State Journal Register  discussing the latest efforts by Republican legislators to stifle Illinois workers’ rights.

According to the Republican brass and the Illinois Chamber of Commerce, current Illinois Workers’ Compensation laws are prohibiting new businesses from starting up in Illinois.  Specifically, Todd Maisch, vice president of government affairs for the Illinois Chamber of Commerce, stated, “we think it (Illinois workers’ compensation ) is stifling job growth. The real insidious effect is that businesses are choosing to create jobs elsewhere.” 

Where is your proof Mr. Maisch?  Where are the studies to support these statements?   Specifically, tell us what businesses have left Illinois or are refusing to locate here because of our Workers’ Compensation system?  What other financial, political or legal constraints were prevalant at the time these supposed companies refused to move here or were forced to leave? 

The problem with blanket statements like the above is that they create stereotypes and assumptions about Illinois’ working class. It creates an assumption that workers are lying about their injuries or trying to defraud the system.  Statements like the above create stereotypes about Illinois workers  are lazy and are looking for a handout.  These stereotypes could not be further from the truth.  I would like these legislatures to meet my client that ruptured his lumbar discs at work lifting a 200 pound piece of equipment and has not been able to work for the last two (2) years. He has been ashamed and emasculated that he is no longer able to support his family.  There is nothing  in the world he would like to do more than to get back to work but his injury and doctors are not allowing him.  I would also like the legislators to meet my client that had a 1,000 pound tire crush his leg and foot.  Three surgeries later he is facing the proposition of having to take pain medication for the rest of his life, and will, no doubt, will never return to the construction trade.  This is not what he signed up for.  

My clients are not trying to defraud the system. They are merely trying to keep their head above water. When the chamber of commerce makes blanket statements, people begin to believe all injured workers  (including my clients) are looking for a free handout.  Nothing could be further from the truth.

If there are workers trying to defraud the system, then draft legislation that will prevent such acts. Do not strip away the rights of the truly injured.

Another portion of the proposed reform would allow employers to have the right to send injured employees to the doctor of their choosing.  This would be an extreme breach of the doctor-patient relationship and Illinois doctors agree.  “One of the biggest things they (proponents of reform) are looking at is taking away patient choice,” said Dr. Steven Malkin, president of the Illinois State Medical Society. “It’s the basic tenet of practicing medicine – the physician-patient relationship.”

By stripping away this right, I believe you are potentially sacrificing the patient’s health in order to save a few dollars.  Why not have an independent treating physician take care of the patient. It will ensure the patient/worker has a better chance of becoming whole and hopefully prevent future injury to the same body parts.

To me the suggested reforms are a fraud, not the workers.

If you or someone you know has been involved in an Illinois work accident  or needs to file an Illinois workers compensation claim , then call Chicago workers compensation attorney, Aaron J. Bryant for a free consultation  at 312-588-3384 or go to the firm website at www.blgchicago.com