As part of its ongoing series on workers’ compensation laws, ProPublica has discussed new opt out systems in states like Texas. In October, I wrote about opt out systems and the harm they cause injured workers. Thankfully, Alabama has not adopted such a system.
Earlier this week, a Texas attorney told the story of Billy Shawn Walkup and how the Texas opt out system failed him. If you are concerned with how we treat working families, you should read the post. After suffering his injury, did Walkup get the medical care he needed? No. Under an opt out system, employers write their own rules. So, Walkup’s employer had him sign a waiver – preventing any lawsuit against the company. Next, the company fired Walkup when he did not recover from his injuries quickly. Finally, when the treating doctor determined Walkup’s injury was serious, the company sent him for a “so-called” independent medical examination. The company used the results of that biased examination to cut off needed medical benefits.
Walkup still needs surgery and disability benefits. According to the story, he barely functions as a result of his injury. But now, his employer can shift these costs to other working taxpayers through Social Security and Medicare. That’s not fair to Walkup or the rest of us. Yet, it is exactly how giant employers will re-write the rules in an opt out system. Here are a few unjust new rules you can expect big corporations to write: