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The Workers Compensation Injured Workers Bill of Rights

Developed by members of the Injured Worker's of America

Injured workers have experienced in the last several years a massive effort to limit workers compensation benefits. This has directly harmed decent hard working people and their families. Improper medical care and attention, and the reduction of benefits have resulted in poverty, depression, and second class status for those whose only crime is that they were injured on the job. It is a national shame and there are countless personal and family tragedies from such unfair treatment. We invite you to search for the real truth and to demand that all those legitimately injured be treated with respect and dignity. We may be your father or your mother, your sister or brother or just a friend or neighbor. But we are injured...we do not want a windfall we just want justice. We invite all who are interested to join our efforts. We have compiled what we believe to be the basic rights all injured workers should be entitled to as human beings. We present them for your consideration:

1. An injured worker shall have the right to select his own physician or at a minimum to be able to switch to a doctor of his choice after 30 days of treatment.

2. An injured worker shall have the right to a prompt hearing on any dispute, within 90 days of a request. Additionally in emergency medical or financial situations there should be a right to a hearing within 30 days to issue provisional orders on such emergency matters.

3. An injured worker shall have the right to have considered in his disability his loss of earning capacity along with any physical or mental impairment.

4. An injured worker unable to return to his trade or occupation as a result of a work injury shall have the right to an independent vocational assessment and to vocational rehabilitation if reasonably appropriate, with the goal being a return to the highest earning capacity possible within a reasonable time frame. Vocational rehabilitation benefits shall be at the same rate as temporary disability benefits.

5. An injured worker shall have the right to an impairment rating and disability determination which assesses chronic pain and depression along with any physical impairment. And if work related activities contribute to, result in or aggravate pain, limitation or impairment the claim shall be compensated.

6. An injured worker unable to return to substantial gainful work shall be entitled to permanent total disability benefits for as long as the disability continues.

7. An injured worker shall have the right to a non-party independent medical exam, paid by the insurer if there is a question concerning the treatment or opinions of the treating provider. All partisan IME's are to be banned.

8. An injured worker shall have the right to benefits based on his true take home pay including overall wage benefits and to permanent disability benefits based upon his disability not simply impairment.

9. An injured worker shall have the right to a second opinion, paid by the insurer, with a doctor of his choice, if surgery is being recommended. Any surgery can be declined without adverse consequences.

10. An injured worker shall be treated with dignity and respect by those within the wc system, to include doctors, nurses, adjusters, attorneys and judges..to the extent that the first priority and loyalty shall be to recovery and fundamental fairness. If not, substantial penalties should be imposed.

11. The physician treating the injured worker shall have the presumptive right to order any diagnostic tests or evaluations. The presumption can only be overcome by clear and convincing evidence which must be furnished within 20 days of any denial.

12. An injured worker shall have the right to all legal entitlements for his disability without offsets.

13. An injured worker shall have the right to realistic cost of living increases in his benefits and to have those benefits pass to his dependents upon his death.

14. An injured worker shall have the right as the ultimate consumer of medical services to be informed of the doctors education, experience and contractual arrangements with insurers when treatment commences. Additionally, the state shall monitor all doctors and maintain a record of complaints by injured workers concerning doctors which can lead to removal of the doctor from the ability to treat such workers for numerous or major complaints.

15. An injured worker shall have the right to privacy of his medical records. They are to be sealed and otherwise nondisclosable except as concerns claims by the worker , for statistical purposes only or to permit an accommodation in employment.

The Workers Compensation Injured Workers Bill of Rights was developed by members of the Injured Worker's of America (IWA), a division of The MedaKate Organization, November 22, 1998. This group includes Injured Workers, Physicians, Attorneys, and Registered Nurses. Please print them out and give them to your Physician, Attorney, Unions, Medical Facilities, Therapist, and the General Public.