Worker's Comp in Texas
(Taken from "Worked to Death/Deadly Trades" Fall 1994, a
Houston Chronicle Reprint) |
|
Jim Morris
Houston Chronicle
Jim Morris cannot
be reached at the Chronicle. If you have questions about these reports,
contact CPWR – Center for Construction Research and Training, 301-578-8500. |
The Texas Legislature
restructured the workers' compensation system in 1989 after years of complaints
by businesses about rising workers' compensation costs. The stated goals
-- lowering premiums, making the system less litigious, increasing benefits
to legitimately hurt or sick workers and improving workplace safety education
-- were met. But some workers' groups say the pendulum has swung too far
and that the system is now stacked against ill or injured workers, who
have difficulty navigating the complex system and less access to legal
help. Three injured workers and the Texas AFL-CIO challenged the new law
in 1990, and a state district court in Maverick County found it unconstitutional.
The 4th Court of Appeals in San Antonio upheld that ruling in 1993, and
the issue is now before the Texas Supreme Court, which is expected to
rule this year. Statistics show some of the changes since the new system
took effect in 1991:
Number of injuries
and illnesses reported (1):
1991: 250,476.
1992: 283,912.
1993: 278,319.
Number of claims
for which disability or death benefits were paid:
1991: 122,653.
1992: 102,312.
1993: 87,725.
Percentage of workers
with legal representation at contested case hearings:
1991: 58%.
1992: 45%.
1993: 40%.
Percentage of insurance
carriers with legal representation at contested case hearings:
1991: 81%.
1992: 80%.
1993: 82%.
Comp premiums paid
by employers:
1991: $4.5 billion.
1992: $2.8 billion.
1993: $2.0 billion.
Losses incurred
by insurance companies:
1991: $3.6 billion.
1992: $2.0 billion.
1993: $1.3 billion.
Average weekly benefit
to workers:
1991: $235.
1992: $246.
1993: $254.
Maximum weekly benefit:
1991: $428.
1992: $438.
1993: $456.
(1) Includes only
injuries and illnesses that caused the worker to miss at least one full
day of work, and that were reported by employers with comp insurance.
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