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STATEMENT OF PURPOSE
The North Dakota Injured Workers Support Group is set up to help North Dakota workers in 2 ways. First, provide assistance for injured workers who are currently dealing with WSI. Second, to work for changes in North Dakota laws regarding workers’ compensation so injured workers will receive the sure and certain relief that has been promised to them.
BILL OF RIGHTS BACKGROUND
In 2008 North Dakota citizens voted 2 to 1 in favor of changes to its workers compensation system known as Workforce Safety and Insurance (WSI). The measure’s passage put the governor in charge of appointing the Director of WSI and assigning duties. It also made Administrative Law Judges that hear WSI cases independent of WSI and made their decisions final subject to appeal. This lopsided vote was in large part an attempt to correct the problems many injured workers were encountering when they tried to get medical treatment, wage replacement or other benefits after an injury on the job. There are often insurmountable problems remaining that unfairly deprive injured workers of the benefits they require to recover from their injuries and support themselves and their families.
Here are examples we still hear about from injured workers:
>Injured workers are suspected of falsifying injuries to get benefits, but there are no laws against employers or others lying to deny benefits to an injured worker.
>Injured workers seeing preferred providers have restrictions against changing doctors for at least 60 days after injury.
>Denials by WSI are reviewed by the Decision Review Office which is part of WSI and has no authority to change decisions.
>Injuries are not covered by WSI because of pre-existing conditions or degeneration even if the condition or degeneration was caused by their job.
>Severe depression brought on or aggravated by pain, loss of income, frustration and/or medication is often not covered by WSI.
>Injured workers can receive disability pay from WSI for years and suddenly lose their benefits because WSI decided years afterward that their injuries were pre-existing!
>Certain disability payments have limits on their duration and cease even if the disability persists.
>It is extremely difficult for injured workers to find legal representation and almost impossible for them to afford it. Current law discourages private attorneys from taking WSI cases so nearly half of injured workers appearing before a judge do so without a lawyer. WSI always has attorneys present and can spend far more on expenses than an injured worker.
>Vocational rehabilitation is often ineffective and injured workers are expected to apply for jobs for which they are not suited.
>Injured workers can lose their disability benefits if they fail to comply with virtually impossible requirements for job search or other activities.
>The list goes on.
The ND Injured Workers Support Group has developed a Bill of Rights for Injured Workers of North Dakota that provides guidelines for a workers compensation system that actually provides the sure and certain relief that our state promises.Strong public support for this Bill of Rights will send a message to WSI decision makers and to those legislators who have resisted changing the laws to help injured workers.
MAKE NORTH DAKOTA A BETTER PLACE TO WORK
SUPPORT THE BILL OF RIGHTS FOR INJURED WORKERS.
IT MAY EVEN HELP YOU IF YOU ARE EVER INJURED ON THE JOB
BILL OF RIGHTS FOR INJURED WORKERS OF NORTH DAKOTA
Developed by the ND Injured Workers Support Group*
Whereas the North Dakota Century Code (65-01-01)states, in part, “The state of North Dakota, exercising its police and sovereign powers, declares that the prosperity of the state depends in a large measure upon the well-being of its wage workers, and, hence, for workers injured in hazardous employments, and for their families and dependents, sure and certain relief is hereby provided .......” and
Whereas the NDCC establishes a workers compensation system, known as Workforce Safety and Insurance (WSI), to provide such sure and certain relief and
Whereas changes in the law and reduction of benefits have resulted in poverty, depression, and second class status for many injured workers whose only crime is that they were injured on the job and
Whereas efforts to change the laws so that injured workers receive the relief that has been provided to them in the past have been unsuccessful and
Whereas WSI applies the law in its strictest sense resulting in denial of benefits for many deserving injured workers,
We hereby declare that injured workers are entitled to sure and certain relief in law and in fact and that changes in the law and in WSI’s application of the law need to be made so that injured workers receive benefits in line with the following:
I. RIGHT TO WORKERS COMPENSATION
Injured workers shall have the right to a workers compensation system based on intent to provide sure and certain relief without unreasonable or unjust restrictions. Injured workers shall be treated with dignity and respect by those within the workers compensation system, to include doctors, nurses, adjusters, attorneys and judges to the extent that the first priority and loyalty shall be to recovery and fundamental fairness. If not, substantial penalties shall be imposed.
II. TREATING PHYSICIAN
An injured worker shall have the right to select a treating physician. The physician treating the injured worker shall have the presumptive right to order any diagnostic tests or evaluations and prescribe treatment which will be paid for by WSI. The presumption can only be overcome by clear and convincing evidence.
III. RIGHT TO INDEPENDENT MEDICAL EXAMS.
If there is a question concerning the treatment or opinions of the treating provider, an injured worker shall have the right to a non-party independent medical exam by a specialist in the type of injury received, paid by WSI. Whenever possible this IME shall be performed by a doctor whose primary practice is in North Dakota.
All partisan IME's are to be banned. In cases where more than one IME has been performed, all IME’s shall be used in consideration of a case, not just one chosen by WSI.
The state shall monitor all doctors and maintain a record of complaints by injured workers concerning doctors. Numerous or major complaints can lead to removal of the doctor from the ability to conduct IME’s and/or treat such workers.
An injured worker shall have the right to a second opinion, paid by WSI, with a doctor of his choice, if surgery is being recommended. Any surgery can be declined without adverse consequences
IV. RIGHT TO BENEFITS
A worker who is capable of and performing a job and who is rendered unable to perform that job due to an on-the-job injury shall be entitled to benefits without regard to age, personal habits, genetic factors or latent conditions.
V. RIGHT TO INDEPENDENT REVIEW
An injured worker shall have the right to an independent review of denied claims without cost to the injured worker by an agency outside of WSI such as the North Dakota Insurance Department. Decisions by that agency shall be final subject to administrative hearing and judicial appeal.
VI. RIGHT TO DISABILITY BENEFITS
An injured worker shall have the right to an impairment rating and disability determination which assesses chronic pain and depression along with any physical impairment. If work related injuries contribute to, result in, or aggravate pain, depression, limitation or impairment the claim shall be compensated.
An injured worker unable to return to substantial gainful work shall be entitled to permanent total disability benefits for as long as the disability continues.
Injured workers who perform a good-faith work search under the standards used by Job Service of North Dakota and fail to find suitable employment are entitled to continuation or reinstatement of wage loss benefits.
VII. PROTECTION FROM FRAUD
False statements or willful misrepresentation in attempts to deny or reduce benefits to injured workers shall be considered fraud and prosecuted as such. The severity of the infraction shall be based on the claims to which the injured worker might be entitled. This shall include all parties associated with the claim such as employers, case managers, private investigators, rehabilitation counselors and physicians.
Injured workers shall have the right to rules for evidence entered during a hearing and such evidence must be fraud free and must be obtained legally.
Injured workers shall have the right to take legal action against any party that knowingly enters fraud into a workers compensation claim that results in denial of benefits.
VIII. OFFSETS OF DISABILITY INCOME
An injured worker shall have the right to all legal entitlements for his disability without offsets. As an alternative, injured workers shall have contributions made to their Social Security and Medicare accounts while on workers compensation disability.
IX. VOCATIONAL REHABILITATION
An injured worker unable to return to his trade or occupation as a result of a work injury shall have the right to an independent vocational assessment and to vocational rehabilitation if reasonably appropriate, with the goal being a return to pre-injury earning capacity within a reasonable time frame.
If the evaluation determines that a disabled worker is at maximum medical improvement all future attempts to terminate benefits shall not be allowed.
Injured workers shall have the right to refuse an interview with a rehabilitation counselor if the counselor refuses to use the injured worker’s treating physician’s medical evaluation of the injury.
Injured workers shall have the right to choose the type of employment they want to be referred to when a vocational rehabilitation counselor wants to find employment for the injured worker. Such employment shall be compatible with injured worker’s skills, training, experience and social abilities.
Temporary employment, funded employment or limited part time employment shall not be used as a reason to discontinue disability benefits.
X. LEGAL REPRESENTATION
Injured workers shall have the right to an attorney of their choice.
Injured workers shall have the right to recover legal fees when they prevail on a petition to terminate their benefits.
The level of reimbursement shall be commensurate with attorney fees paid by WSI for attorney services.
Workforce Safety & Insurance must be represented in disputes with injured workers by full-time assistant attorneys general employed by the State.
*STATEMENT OF PURPOSE
The North Dakota Injured Workers Support Group is set up to help North Dakota workers in 2 ways. First, provide assistance for injured workers who are currently dealing with WSI. Second, to work for changes in North Dakota laws regarding workers’ compensation so injured workers will receive the sure and certain relief that has been promised to them.
Contact information:
ND Injured Workers Support Group
602 8th Ave E West Fargo, ND 58078
ndworkcomphelp@gmail.com
Group Founder =Todd Loegering 701-730-4488
Claims Assistance Coordinator
Cindy Shawcross 701-205-1791
cindy.shawcross@gmail.com
Volunteer Coordinator (Contact person for Bill of Rights)
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