Report Blasts Worker Support Benefits Program Fails To Protect Employees

A study published by Consumer Reports claims that workers’ compensation nationwide “fails the truly injured workers that it is meant to protect.”

“It’s one of those safety nets that all working Americans rely on,” said Marlys Harris, who wrote the report for the magazine’s February issue.

Workers who are injured on the job, especially those with long-term disabilities, rely on this support to cover medical and family expenses, the study reported.

But in many cases workers lose their homes, financial security and other assets just paying for medical care when the benefits are delayed or in question, the study added.

“It has never been an easy system to navigate,” said Harris. “Each state has its own system, and it’s very complicated.”

During the past 10 years things have gotten worse, she said. Changes made in every state to cut costs to industry make insurance companies more profitable but make the benefits harder for those injured to collect, she said.

“Workers are really suffering as a result of these reforms,” Harris said. “One of the big problems people are having is getting prompt medical treatment and getting lost wages.”

Jim Sargeant of Clarkston, Wash., was one of a handful of workers nationwide whose cases are cited in the six-page report. A janitorial supply salesman in 1995, he suffered herniated disks in his back from handling a 55-gallon drum of an industrial cleaner.

Sargeant, 37, said he participated in the study because of the difficulties he had obtaining benefits.

“It has caused me a lot of problems,” Sargeant said. He said getting compensation benefits for his permanent disability took a long time, and benefits have since been periodically withdrawn. Be- cause of his injury, Sargeant is unable to work.

He said the experience of dealing with the Washington Department of Labor and Industries has been difficult and adversarial.

“He’s one claim out of 180,000 we get a year, and every claim is different,” said Rolund Lund, L&I spokesman.

The Sargeant claim isn’t what it was portrayed by Consumer Reports, Lund said. Sargeant is getting regular monthly benefit payments, he said.

In 1998 the department was audited by an independent state agency that made 32 recommendations for improvement. Included are cutting the time between the injury and the start of benefits, simplifying the appeals process and increasing the time and amount of resources available to rehabilitate injured workers. These are issues “which we’re working on now,” Lund said.

“We weren’t disappointed by the report,” Lund said of the audit. “The audit found some areas where our workers’ compensation system needs to be improved, but we are in the highest 25 percent in benefits paid and in the lowest 25 percent of the costs (to industry and workers).”

As a result of its findings, Consumer Reports suggests that states audit their own systems, as Washington has done.

“Originally, workers’ compensation was designed to relieve businesses of the threat or instability of lawsuits,” said Harris. “ Workers gave up their right to sue in exchange for workers’ compensation laws. But those laws aren’t protecting them and they have no recourse for a lawsuit.”