How Recent Changes in Workers’ Compensation Law Have Damaged Injured Workers
The so-called “workers’ compensation bargain” has been a part of California law since 1911. The “workers’ compensation bargain” was designed to provide a no-fault system which guaranteed relatively swift delivery of medical and disability benefits and limited damages in exchange for the workers’ relinquishment of the right to sue their employers in tort for unlimited damages, a fault system. Cole v. Fair Oaks Fire Protection (1987) 43 Cal. 3d 148.
Based on recent reforms in workers’ compensation many workers, and those who represent them, believe that employers continue to receive the greater benefit from the “workers’ compensation bargain”.
Les Miserables, the historical French novel by Victor Hugo, as we all know, has been reduced to a Broadway play and is now on the silver screen as a musical. Injured workers have heard a similar tune, the “miseries” of the California Workers’ Compensation System. These “miseries” are caused by draconian changes (lightly referred to as reforms) particularly under SB899 promoted by Governor Schwarzenegger in 2004 and subsequently by Governor Brown under SB866 including:
• A reduction in permanent disability monetary benefits between 40% to 75%;