SENATOR JACKSON SPONSORS MEASURES TO PROTECT INJURED WORKERS

AUGUSTA –Earlier today, Senator Troy Jackson (D-Allagash) introduced two measures to strengthen workers’ compensation insurance benefits for workers who were injured on the job through no fault of their own.

“Injured workers have already been dealt a bad hand,” said Senator Jackson. “They need to be able to focus on their health and not worry about when they’re going to lose the only benefits they have left.”

Last session, the Republican-controlled Legislature amended the 1992 Maine’s Workers’ Compensation Act.  Along with a number of changes, the new law altered the process and requirements by which injured workers receive benefits beyond the established 10-year threshold.

More than a dozen people spoke in favor of Jackson’s measure, including former State Senator Phil Bartlett, who currently practices law advocating for Mainers injured through no fault of their own at their job.

“This bill refocuses the law on what the law was intended to do: compensate injured workers for a portion of the earnings they lost due to an injury that was no fault of their own,” said Bartlett.

While the new law allows injured workers with 18 percent impairment to continue receiving benefits beyond the 10-year cap, an independent medical examiner must verify that the employee’s actual earnings are in line with their earning potential.  This however remains difficult to ascertain.  There are many instances where injuries may be considered only 5 percent or 10 percent impairment but still have the practical impact of significantly hindering a worker’s ability to do the job.

““To some, injured workers are disposable commodities. They’re just a statistic,” said Senator John Patrick (D-Rumford), who is a co-sponsor of the bill and Senate chair of the Labor, Commerce, Research and Development committee.  “These are some of the most vulnerable people in the state and they were completely thrown under the bus.  Talk about adding insult to injury.”

Senator Jackson’s bill LD 443, “An Act To Amend the Maine Workers’ Compensation Act of 1992 To Provide Benefits to Seriously Injured Workers,” repeals the provisions enacted by the Republican-controlled legislature last session.

“There were no problems with the old law,” Senator Jackson said. “We were seeing a significant drop in the number of claims as well as the average length of claims.  Now we are seeing people who are injured, and can’t work and are losing their benefits.  These are the people who no one can say was not hurt.  These are the people who workers’ comp was designed for.”

A second measure sponsored by Senator Jackson, LD 444, “An Act To Improve Workers’ Compensation Coverage for All Injured Workers,” establishes a fund to compensate injured workers employed by uninsured employers.

A work session for the two bills will be scheduled at a later date.

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