Wichita-Hutchinson Labor Federation of Central Kansas, AFL-CIO
How does SB 181 improve the
workers compensation system tor Kansas ?
The answer is simple. It doesn't
The Kansas business community is promoting a legislative agenda to further weaken workers' protection under the Kansas Workers Compensation Act. SB 181 would
further decrease already substandard workers compensation benefits -benefits which have not been increased since the late 1980s.
Currently, Kansas employees depend on a system that offers them minimal safety protection in
the work place. If injured on the job, workers and their families must rely as substandard benefits.
Workers compensation, benefits are among the lowest in nation, and are well below the
national average. Changes to the Workers Compensation Act in 1993 severely diminished the rights of Kansas injured workers,
Kansas workers have a high rate of injuries in the workplace. The Bureau of Labor Statistics ranks Kansas 9th highest in the United States.
Vocational rehabilitation benefits to injured workers were revoked in 1993.
The number of claims per $1 million of payroll has decreased since 1993, (NCCI) ,
Of total costs, medical expenses were approximately 61%.(KCWS)
Premium costs for workers compensation coverage in Kansas is below both national and regional averages (KWC)
A recent survey by Conning & Co, of Hartford, Connecticut identifies workers compensation insurance as the most profitable segment of property/casualty Insurance.
What SB 181 does
Reducesworkers’ benefits without proof of the preexisting impairment by current standards and without evidence, Current law requires administrative law judges to
consider all testimony related to pre-existing impairment before setting the amount of compensation.
Diminishes injured workers' benefits by the amount of collateral disability insurance even though the worker may have paid for the insurance, Workers compensation benefits
are reduced for the prudent worker who obtained disability insurance.
Eliminates work disability compensation.
Under the present, law, workers who were displaced from their jobs and lose more than 10% earning capacity may seek ''work disability" compensation. While inadequate to compensate injured workers for the long-term loss of earning capacity the current law does provide some basis compensation for loss of earning ability. This is the "most profound change'" proposed by SB 181, according to the acting director of the Kansas Division of Workers Compensation.
Eliminates work disability compensation
if the worker is not on work restrictions when terminated. This provision invites inappropriate medical opinions to be given employers by company doctors to terminate employees and avoid paying the injured worker work disability compensation.
Punishes good honest, loyal, hardworking workers who continue to work with pain without filing claims. Workers may unknowingly continue to work
at jobs which aggravate a repetitive use injury. If the worker works long enough without filing a claim, they are denied benefits. The worker loses under SB 181 even if the condition is work-related.
Under SB 181 the worker who works with problems and. continues in his/her duties will likely be forbidden from collecting compensation benefits if this specific proposal is made law.
