Tag Archives: Affordable Care Act

Medical Care Politics in Worker’s Compensation

Today’s post comes from guest author Thomas Domer, from The Domer Law Firm.

The mythology surrounding employee fraud in worker’s compensation is pervasive. Many of my clients begin their conversations with me indicating the following: “I’m not one of those folks faking their worker’s compensation claim.”  The exaggerated media publicity concerning employee fraud has also resulted in outright worker intimidation regarding filing a claim. I had this conversation today with a prospective client.

Attorney: Why didn’t you report the incident?
Client: I didn’t want to have that on my record.  Nobody will hire me if I have a worker’s comp injury.
Attorney: Why didn’t you seek medical treatment?
Client: I do not have insurance.
Attorney: Can you obtain insurance under the Affordable Care Act?
Client: You mean Obamacare?  No way!

Fear of being stigmatized as a complainer, whiner, or simply a recipient of worker’s compensation benefits has prompted many legitimately injured workers from filing a worker’s compensation claim.

The adverse publicity concerning the Affordable Care Act (and its pejorative popular name “Obamacare”) results in many otherwise qualified workers from obtaining the health care they need, especially when denied by a worker’s compensation insurance carrier. 

The politics of medical care intrudes in the worker’s compensation arena daily.

Will the Supreme Court’s Decision on Obama's Healthcare Plan be the End of Workers' Compensation?

On September 28th, 2011, the Obama administration and 26 states filed appeals to a lower court ruling that struck down a provision of the Affordable Care Act (the Obama health care law) that required every American to have health insurance.

The Supreme Court is widely expected to rule on the appeal this fall, and its ruling may put the workers’ compensation system in jeopardy.

Dismantling the workers’ compensation system would make it much more difficult for the vast majority of workers with injuries to receive compensation. 

The workers’ compensation system is a mandatory insurance system which makes receiving compensation for a work-related injury simpler, faster and more certain than relying on the courts. Workers’ compensation makes it easier for all workers to get money for treatment of work-related injuries, since they don’t have to go to court to get it. It also limits the amount of money that the most seriously injured workers can receive.

If the Supreme Court decides that it is unconstitutional for the government to force all Americans to purchase health insurance, Continue reading