Back in December 2017; the current Frankfort General Assembly told us they were going to restrict your on-the-job injury benefits . In doing so, they are hurting first responders, (yes, including police, fire and EMS); as well as labor and even professional working class people. That is what HB2 will do.
By their own admission in the linked article above, the current legislature has an ‘agenda’. Agenda being the operative word. From restricting a person’s right to sue for damages, (tort reform); to determining when an on-the-job injury allows them to return to work, this is the ‘agenda’ they are promoting; instead of focusing on growing our state economy and solving our state’s revenue issues.
Limiting or restricting your right to legal and financial judgement as a result of negligence or malpractice is an erosion of the 7th Amendment of the U.S. Constitution. How? By handcuffing the award judgement that a jury can hand out.
Adding to that, it leaves into the hands of an employer the decision as to whether someone who is injured in the course of their work is fit enough to return to work, rather than the physician who is treating you, by restricting the number of years you can draw benefits to 15 years unless you see a judge to extend that.
The problem here is that if you are injured on-the-job or incapacitated due to a medical procedure performed improperly, your ability to seek compensation is being threatened. And such erosion of non-economic damages does not protect the physician, nurse practitioner, nurse or other healthcare worker from rising premium costs for medical malpractice insurance.
It is shown in states like California and Indiana where caps have been placed on jury judgement that the only beneficiaries to this are insurance companies and hospitals. Physician’s, who carry medical malpractice insurance, have not seen their insurance premiums decrease, which leaves them paying more and their hospital institutions paying less.
We need leaders who will look to the future in growing our communities, building our roads and infrastructure and yes, protecting our at-risk workers. And we need those leaders who have the vision and business acumen to act.