First of all, the injured worker can choose to refuse the $40,000 (or $60,000) and take his chances at trial, which might net him two thirds of his gross average weekly wage, tax free, every week UNTIL HE DIES. Reducing the maximum payout from 60k to 40k will probably actually INCREASE the amount the Fund pays out, as a lot more people will take their chances on this lifetime benefit if the lump sum is lowered.
More cases going to trial means a lot more risk and cost for employers too, as claimants will not settle their case with the employer if there is a chance the Fund won’t get hit with the permanent total disability award at the hearing.
Finally, the Department of labor is the TRIER OF FACT. Any idiot knows the judge can’t also represent a party. If the DOL represents the Fund, it cannot also be the judge (through the Division of Workers’ Compensation) of how much the Fund owes an injured worker.
This is fifth grade math and civics. Did Nodler and Hunter miss that day in school?

Trying to explain the details of the second injury fund to Rep. Hunter is like trying to explain long divison to a cow. It just “AINT gonea happen”. Think of Jethro Bodene…..But DUMBER!! He and his right hand lady…Pat SEcrest, whom by the way was relieved of her dutries as Workers Comp. Division Director by Gov. Blunt, are clueless. If They both had their way there would be NO protections for the wage earners of this state.

How many states have a SIF? A lot don’t and their workers seem to be protected.

Nodler is right, the lawyers are the ones benefiting not the workers.

Lawyers are always the ones who benefit. Every so often, I get one of those groovy class action suit notices in the mail. The last one was for anyone who had purchases computer memory many years ago. If I could find the receipt from years ago, for a purchase that was less than a hundred bucks, and sent it in to the lawyers, I was eligible for a few bucks of compensation. The lawyers got millions. Before that, they told me I could get $20 as a settlement in a class action suit on how credit card companies processed foreign transactions. I felt bad about this, because I didn’t leave the country during the period in question. And of course, the attorneys got millions. These guys say they are protecting the consumer, but in the end, they are buying mansions and yachts, and we just end up paying higher prices to pay their fees. Thanks. Thanks a million.

Work comp isn’t a class action type of remedy. Fees for attorneys in comp are generally limited to 25%, and the attorney generally fronts all the costs of litigation. Costs can be in the tens of thousands in a permanent total disability case.
It’s no boon for attorneys, my right-wing friends.

The kicker of all kicker Nick, was the AT&T phone lease settlement. The people that actually paid the leases all those years got $40 Long Distance gift cards from AT&T. The attorneys represented the Class, oh about a hunert million cash.

Darren01, I have no doubts that folks are injured on the job and deserve to be compensated, but I could turn in about 5 people right this minute that are collecting disability and are more able than you and I.

One fella I know hurt is back at Union Pacific. He receives his pension and got a half mill in settlement. The attorney that represented him hired him as a liason in order to network through the ranks for any other potential injured “victims” at UP.

Amazed, there is fraud on both sides. Everything from crooked employers to faking employees, even to crooked doctors who tell the insurance company the worker isn’t hurt, or that his injury is pre-existing, in order to get more referrals.
Do the math. An injured worker faking an injury migh get a few thousand dollars. An employer who employs a couple hundred people and can get a doctor to say whatever he wants might save a few HUNDRED thousand or more. Who is more apt to cheat?

there are states with no SIF.. but they also have little to no industrial base. Lets make this simple….elminating the SIF dose not eliminate the disabled worker. So there will still be liability reguardless. Now who pays? If you think an injuried war vetran that has a prior disablity from his service to this country is going to be kicked to the curb you are horrible mistaking. They will recover. Now.. from whom? with no SIF it wil be the employer. Right now the employers of this state get to spread the liablity of all workers with prior disabilities across the board for 3% of their premium cost. With out the fund the the insurance companies have to eat that cost. Do ya think their going to do that for free? We all know with dealing with insurance companies,the more claims you have ,the high your rates will go. so my question is simple…who gains if and employer no longer has to pay the 3% SIF tax… but ends up having a 6% rise in premiums? The injuried employee who lost benifits? Ready for the answer…….BIG INSURANCE!!!