Why Worker’s Compensation Fund need a serious legislative overhaul
Yes, Worker’s comp is difficult to deal with. It is minimal insurance with horrendous hoops to jump through to “help” employees injured on the job get some (minimal) treatment of injuries in order to get the worker back on the job. WCF pays no attention to research guidelines for recovery from any given injury. When the patient/employee is able to work again, regardless of pain or reduced quality of life, WCF fights hard to close their case. How WCF is structured for when an individual is involved in an auto accident while at work is nothing short of criminal, in my opinion.
Worker’s Compensation and Auto Accidents on the Job – The nightmare scenario
Imagine you are driving in your car or a company car and are “on the clock.” Without warning, a motor vehicle collision takes place. Lets say it is not even your fault. Because you were “on the clock” your insurance protection changes dramatically…and not in your favor.
“Off the clock” vs. “On the clock”
1. Driving a Utah insured vehicle you would have a minimum of $3000 for medical expenses. This is called “PIP” or Personal Injury Protection insurance. It covers medical expenses regardless of who is at fault. PIP covers 100%
2. If you were not at fault, your insurance can go after the other or ‘at fault’ driver’s insurance for reimbursement above and beyond those medical expenses. They will also reimburse your insurance for property damage meaning damage to your vehicle. If you sustained injuries requiring medical treatment beyond the PIP that potentially will also be covered nearly 100%. A personal injury attorney may be needed on your case to help recover the funds but the money is there to help you get fully compensated.
3. If the other driver was not insured you should have “uninsured/under-insured motorist” as a rider on your insurance policy. This protects you to have the medical and financial coverage necessary should the other driver not be responsible enough to have insurance.
4. If the case is complicated slow healing injuries or drawn out litigation, your own health insurance can help once the PIP is exhausted.
As you can see, with the current auto insurance system in place we have ample coverage should a motor vehicle collision take place. (Don’t short change yourself by trying to get the cheapest policy available or you may drop your uninsured/under-insured without even knowing it.)
”On the Clock”
If you are “on the clock” during a motor vehicle accident, Utah Law dictates that all the great insurance coverage that you as a respectable citizen initiated for your own protection, goes right out the window and WORKER’S COMPENSATION FUND becomes the primary insurance. It does not just put your auto and health insurance in second and third place, it wipes clean their responsibility to help you at all!
Now an individual involved in the same motor vehicle collision (regardless of who is at fault) is left with bare minimum insurance help to pay for medical expenses. With Worker’s Compensation Fund you get the following:
1. Poor coverage
2. Excessive paperwork
3. To be treated like your injuries are not serious or important (they think you are most likely faking the injury)
4. Limited choice of doctors. You can only change your primary physician once then you are at the mercy of “the system”
5. Excessive amount of paperwork and hoops to jump through
6. Pushed out of care as soon as possible
Voluntarily Forfeiting our Rights
As you can see, regardless of the steps we take to protect ourselves and our family with personal insurance; when WCF is involved it strips away our contracted insurance protection and leaves us victims of a system designed, NOT to help us fully recover but rather to get an employee back to work at minimal cost. There is no thought or concern as to the detriment of the employees future health/quality of life.
Example: How WCF Reduces Health Care Services following an Auto Accident
In the medical and rehabilitation world every diagnosis has a treatment protocol. Rehabilitation has an expected number of therapies base on the type of injury to get the patient back to as close to “pre-injury status” as possible.
With auto accidents or more appropriately titled motor vehicle collisions the injury types are specifically classified. Injuries should be assessed by a certified motor vehicle occupant injury specialist then “graded” as to their severity. Following this some 60 plus years of research in rehabilitation is applied and a treatment protocol is suggested. Often times the physical medicines are used for maximum patient recovery. According to the research-based Croft Guidelines, it is not uncommon for a:
Grade I injury to require upwards of 20 visits to a chiropractor, massage therapist and physical therapist. WCF might allow 6 visits.
A Grade II injury might require 33 visits. WCF might allow 6-12 visits.
A Grade III injury typically requires 50 to 76 visits over the course of a year. WCF typically ignores the research and follows their own protocols allowing 12-14 visits. In extremely lucky cases 24 visits might be allowed. Similarly for Grade IV and V. This author has yet to see WCF allow more than 28 visits for physical medicine.
According to The Journal of Orthopedic Medicine; Volume 21(i), 1999, pages 22-25 “Chiropractic is the only proven effective treatment in chronic [whiplash] cases.” Chiropractors who specialize in motor vehicle occupant injury usually work with massage therapists and physical therapists to maximize the benefit and minimize the recovery time for patients. Research and treatment standards are thrown out by WCF to follow their own mysterious allotted care guidelines.
We Should Have a Choice
We are far more likely to have an injury behind the wheel that on-site and MOST job locations. We should have a choice as to whether we want to use our auto insurance or WCF following a motor vehicle collision. It is unjust to allow the penalization of our own safety and protection (both health and financially) by negating insurance policies we have paid to put in force with an inferior product (WCF). Lets move to change Utah legislation regarding this issue.
The first thing anyone should do after an accident is find a Certified Motor Vehicle Occupant Injury Specialist physician and to help you on your road to recovery. (877) 7-whiplash The right physician can not only help you get feeling better fast but properly document you case for the insurance or the attorney.
The Great Utah WORKERS COMPENSATION Scam
by admin on February 19, 2012
Why Worker’s Compensation Fund need a serious legislative overhaul
Yes, Worker’s comp is difficult to deal with. It is minimal insurance with horrendous hoops to jump through to “help” employees injured on the job get some (minimal) treatment of injuries in order to get the worker back on the job. WCF pays no attention to research guidelines for recovery from any given injury. When the patient/employee is able to work again, regardless of pain or reduced quality of life, WCF fights hard to close their case. How WCF is structured for when an individual is involved in an auto accident while at work is nothing short of criminal, in my opinion.
Worker’s Compensation and Auto Accidents on the Job – The nightmare scenario
Imagine you are driving in your car or a company car and are “on the clock.” Without warning, a motor vehicle collision takes place. Lets say it is not even your fault. Because you were “on the clock” your insurance protection changes dramatically…and not in your favor.
“Off the clock” vs. “On the clock”
1. Driving a Utah insured vehicle you would have a minimum of $3000 for medical expenses. This is called “PIP” or Personal Injury Protection insurance. It covers medical expenses regardless of who is at fault. PIP covers 100%
2. If you were not at fault, your insurance can go after the other or ‘at fault’ driver’s insurance for reimbursement above and beyond those medical expenses. They will also reimburse your insurance for property damage meaning damage to your vehicle. If you sustained injuries requiring medical treatment beyond the PIP that potentially will also be covered nearly 100%. A personal injury attorney may be needed on your case to help recover the funds but the money is there to help you get fully compensated.
3. If the other driver was not insured you should have “uninsured/under-insured motorist” as a rider on your insurance policy. This protects you to have the medical and financial coverage necessary should the other driver not be responsible enough to have insurance.
4. If the case is complicated slow healing injuries or drawn out litigation, your own health insurance can help once the PIP is exhausted.
As you can see, with the current auto insurance system in place we have ample coverage should a motor vehicle collision take place. (Don’t short change yourself by trying to get the cheapest policy available or you may drop your uninsured/under-insured without even knowing it.)
”On the Clock”
If you are “on the clock” during a motor vehicle accident, Utah Law dictates that all the great insurance coverage that you as a respectable citizen initiated for your own protection, goes right out the window and WORKER’S COMPENSATION FUND becomes the primary insurance. It does not just put your auto and health insurance in second and third place, it wipes clean their responsibility to help you at all!
Now an individual involved in the same motor vehicle collision (regardless of who is at fault) is left with bare minimum insurance help to pay for medical expenses. With Worker’s Compensation Fund you get the following:
1. Poor coverage
2. Excessive paperwork
3. To be treated like your injuries are not serious or important (they think you are most likely faking the injury)
4. Limited choice of doctors. You can only change your primary physician once then you are at the mercy of “the system”
5. Excessive amount of paperwork and hoops to jump through
6. Pushed out of care as soon as possible
Voluntarily Forfeiting our Rights
As you can see, regardless of the steps we take to protect ourselves and our family with personal insurance; when WCF is involved it strips away our contracted insurance protection and leaves us victims of a system designed, NOT to help us fully recover but rather to get an employee back to work at minimal cost. There is no thought or concern as to the detriment of the employees future health/quality of life.
Example: How WCF Reduces Health Care Services following an Auto Accident
In the medical and rehabilitation world every diagnosis has a treatment protocol. Rehabilitation has an expected number of therapies base on the type of injury to get the patient back to as close to “pre-injury status” as possible.
With auto accidents or more appropriately titled motor vehicle collisions the injury types are specifically classified. Injuries should be assessed by a certified motor vehicle occupant injury specialist then “graded” as to their severity. Following this some 60 plus years of research in rehabilitation is applied and a treatment protocol is suggested. Often times the physical medicines are used for maximum patient recovery. According to the research-based Croft Guidelines, it is not uncommon for a:
Grade I injury to require upwards of 20 visits to a chiropractor, massage therapist and physical therapist. WCF might allow 6 visits.
A Grade II injury might require 33 visits. WCF might allow 6-12 visits.
A Grade III injury typically requires 50 to 76 visits over the course of a year. WCF typically ignores the research and follows their own protocols allowing 12-14 visits. In extremely lucky cases 24 visits might be allowed. Similarly for Grade IV and V. This author has yet to see WCF allow more than 28 visits for physical medicine.
According to The Journal of Orthopedic Medicine; Volume 21(i), 1999, pages 22-25 “Chiropractic is the only proven effective treatment in chronic [whiplash] cases.” Chiropractors who specialize in motor vehicle occupant injury usually work with massage therapists and physical therapists to maximize the benefit and minimize the recovery time for patients. Research and treatment standards are thrown out by WCF to follow their own mysterious allotted care guidelines.
We Should Have a Choice
We are far more likely to have an injury behind the wheel that on-site and MOST job locations. We should have a choice as to whether we want to use our auto insurance or WCF following a motor vehicle collision. It is unjust to allow the penalization of our own safety and protection (both health and financially) by negating insurance policies we have paid to put in force with an inferior product (WCF). Lets move to change Utah legislation regarding this issue.
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