Gov. Haslam Ready to Make Devastating Changes to Tennessee Workers’ Compensation System

Tennessee Governor Bill Haslam’s administration is ready to release massive and detrimental changes to the Tennessee Workers’ Compensation System.  Gov. Haslam formally released his proposed changes during his recent “state-of-the-state” address.   Some of the Governor’s changes include:

  • Making the employer less likely to be at fault for an on the job injury
  • Eliminating the right to a trial before an impartial court system and instead having all claims be adjudicated by the Tennessee Department of Labor
  • Shifting the role of the Tennessee Legislature to an agency of the executive branch (Tennessee Department of Labor)
  • Burdening taxpayers with the cost of an injured worker instead of responsible insurers/employers
  • Limiting the right for an employee with a vocational disability to recover any amount of benefits
  • Limiting an employee’s ability to receive medical benefits
  • Complicating the determination of an impairment rating, increasing medical costs, and extending the length of a claim experience

These changes would be some of the most drastic since Gov. Bredesen’s changes in 2004.  Those changes resulted in a sharp decline in cases going to court (2,794 filed in 2004 compared to 797 in 2011).  However, under Gov. Haslam’s proposed changes, the amount of cases filed before an impartial court would be 0. 

Bryan Capps, Knoxville attorney and president of the Tennessee Association for Justice recently told The Tennessean, “This bill does more of the same.  It really, quite frankly, would be devastating to workers.”

The bill is being spun by supporters as being good for job growth and necessary “to promote Tennessee as an attractive destination for business.”  However, if passed, Tennessee employees and tax payers will ultimately be the ones left to pay the tab while employers and insurance companies simply increase their bottom line. 

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