Montemaggi Law - Workers Compensation Attorneys

News

16 Mar 2015

The Dangers For Business When Workers' Compensation Gets Drastically Cut

Posted by Paul J. Antonowicz

 

http://www2.ljworld.com/news/2015/mar/16/kansas-workers-comp-changes-raise-lawsuit-fears/

The above link is to an article regarding the possibility of lawsuits arising from severe curtailment of Worker's Compensation benefits in Kansas.  The concern is that under the "grand bargain" that lead to Workers' Compensation benefit systems workers' rights to sue their employers were restricted in exchange for a guarantee of sufficient benefits.  If those benefits are reduced enough, workers essentially get nothing in exchange for being unable to sue.  The issue is whether the law would be considered unconstitutional if benefits drop to low.  If a court were to make such a finding, it would open businesses up to direct lawsuits that could cost millions of dollars and leave injured workers who cannot prove negligence without recourse for their injuries, dumping them onto public benefit programs and, again, shifting the cost of  injuries to taxpayers.