Promising Steps Forward In Bid To Set Fees For Compensation Lawyers
The administration for the workmen's compensation division is preparing to ask two separate favors of the legislature
. First, they want a set fee schedule for the lawyers who take the cases for their department.
Second, they want a review board established to determine if cases are valid. This division, which has recently been filled with scandal, deals with job-related injuries and compensating the workers who are hurt. The administration wants a change, and has promised to act.
Recently, corrupt doctors and lawyers were found to be stealing funds from both injured workers and the division itself.
At least one lawyer, who is also a state senator, has been sentenced to prison because of this issue. More charges will be filed, according to the attorney general, stemming from the mess.
There have been calls for sweeping changes from a state lawyer, as they offered some proposals. Claims should no longer be settled by a lone administrator, and there should be a set fee schedule for lawyers, which doesn't rely on how much the worker is awarded, according to this lawyer.
Lawyers are finding fault with other lawyers because the issue has become political. One major political party recently said it wouldn't use the scandal as a political issue.
A lawyer has spoken out about how turning this into a political issue will only harm any attempts to rectify the problems and will have a negative effect on employers and employees alike.
The legislature received proposals for a fee schedule and an appeals board establishment. Members of both the house and the labor committees killed the proposals because they wanted a legislative audit of the division before making any recommendations.
Sadly the legislature adjourned before the audit could be released. He thought both parties agreed to keep the bills in committee.
The division is making the following changes, which were suggested by legal counsel. Personal medical records are the only files that are not available for the public. This change came about after a leading newspaper won a suit against the department.
Those who have won their claim will be notified of the award amount. They can then look forward to receiving a check on a regular basis.
Lawyers will be paid in one lump sum, via check, as a professional courtesy. The checks will be made out in the name of the worker; the worker must be notified of the settlement amount. This policy is already used.
There has been a legislative interim committee set up to create a method of determining rates that can be charged to employers. There has also been an overhaul of the way in which the amount of compensation is decided.
There is a medical committee being formed made up of three doctors who are tasked with looking into cases and deciding whether claimants injuries were work related. The committee is hard to staff because it is hard to find doctors who can give that much of their time.
by: John Chambers
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