Stop the Attack on Injured Workers

Governor Schwarzenegger has proposed sweeping reforms to the workers’ comp system that would drive a knife through the safety net for injured workers.  This proposal has been introduced in a Special Legislative Session in two identical bills, SB 4X 3 (Poochigian) and AB 4X 1 (Maldonado).

Sample Letter for Campaign

Subject: SB 4X 3 (Poochigian) and AB 4X 1 (Maldonado): OPPOSE

Dear [ Decision Maker ] ,

I write in opposition to the workers' compensation reforms contained in SB 4X 3 (Poochigian) and AB 4X 3 (Maldonado).

These two bills would delay and deny medical treatment for injured workers, a right that has been protected for over 90 years in the California Constitution. These bills will create unneeded new bureaucracies to keep injured workers from their medical treatment.

In response to steep hikes in insurance premiums, the Legislature has already cut over $5 billion from the system by regulating medical providers. We now need to guarantee that those savings will be passed on to employers. The only way to make this guarantee is to reregulate the insurance industry.

I support worker comp reforms, but not these two bills which penalize injured workers.

Sincerely,

Campaign Launched:
February 20, 2004


Background Information

The Governor's proposed reform bills would do the following:

  • Grant employers veto power over an injured worker's choice of doctor and send us back to the company doctor.
  • Cover fewer injuries by requiring workers to show that their injury was "substantially caused” by work.
  • Eliminate a workers’ pain as a factor for disability or even treatment.
  • Use “objective” medical findings to force workers back to work too early.
  • Take away an injured worker’s right to appeal an “independent” medical review. 

Further Reforms Needed, But Injured Workers Should Not Suffer

Insurance companies helped create the crisis in workers’ comp when they priced policies too low and then jacked them up to recoup their losses.  As a result, dozens of insurance companies are now insolvent and employers are left to pay the price.

Over the last two years, the Legislature has enacted two sets of reforms which contained both long overdue benefit increases and changes to the system, estimated to save employers over $7 billion.  Yet, workers’ compensation premiums are still too high.  Employers are facing exorbitant costs, with no guarantee of price reductions.  And the system is still not getting injured workers back on the job.  Something more must be done.

The California Labor Federation, AFL-CIO has developed a workers’ compensation legislative proposal to make substantial savings in the system by creating incentives to get injured workers treated and back to work as soon as possible.  The proposal also regulates insurance company rates and creates a fee structure for applicant and defense attorneys.  These changes will save billions of dollars in workers’ comp premiums while continuing to protect injured workers.