Farmworkers & Workers Compensation Insurance

[Guest guest]

Here is an article that mentions some of the workers comp issues being

discussed.

http://www.sacbee.com/ib/news/ib_news01_20010527.html

Rupali Das, MD, MPH

Occupational Health Branch

California Department of Health Services

1515 Clay St., Suite 1901

Oakland, CA 94612

tel. (510) 622-4300 fax (510) 622-4310

rdas@...

> ----------

> From: Mata, Adolfo

> Reply

> Sent: Wednesday, May 30, 2001 10:19 AM

> ' '

> Subject: RE: [ ] Workers Compensation Insurance

>

> Thanks Don,

>

> Very interesting. Education, education, education and information are the

> keys to helping farmworkers help themselves when it comes to worker rights

> and workman's compensation benefits---however, I am afraid no one is doing

> this. This would clearly be a benefit of unionizing ALL farmworkers.

> Would

> like to read your thoughts on this issue.

>

>

> -----Original Message-----

> From: Don Villarejo [mailto:donfarm@...]

> Sent: Wednesday, May 30, 2001 12:58 PM

>

> Subject: [ ] Workers Compensation Insurance

>

>

> Hi Everyone - The discussion of workers compensation insurance for hired

> farm workers is an important one, and I'd like to add a few comments.

>

> First, governance and regulation of workers comp insurance, like all forms

> of insurance, is a matter reserved exclusively to the states. Whether or

> not a particular group of workers in a particular are required to be

> covered by this form of insurance is at the sole discretion of state law.

> About a dozen states currently require that virtually all agricultural

> workers, with the important exception of farmers and unpaid family

> members,

> be protected by workers comp insurance.

>

> Second, in nearly all states where universal workers comp insurance is not

> required there are state-specific laws defining which employers are

> required to provide this form of insurance. Usually, but not always, a

> minimum size of employer payroll is the determining factor that triggers

> the requirement.

>

> Third, California, as in most states requiring workers comp coverage of

> virtually all private sector employees, has had universal coverage for

> more

> than three-quarters of a century. This requirement had nothing to do with

> labor rights or unions, rather it was insurance companies and large

> corporations which wanted to avoid costly and prolonged litigation that

> forced the legislature to enact the universal coverage requirement. The

> deal was simple, workers get universal coverage and, in return, give up

> the

> right to sue, unless there has been misconduct by the employer.

>

> Fourth, each state regulates the worker comp benefits and base premiums

> through some form of actuarial review. In California, the Workers

> Compensation Insurance Rating Bureau performs this function and annually

> determines aggregate losses and sets baseline premiums for each

> classification code (there are fourteen class codes for agricultural

> activities, ranging from Stock Farm to Vineyard). The California

> Legislature sets the level of benefits. However, employers in California

> purchase their workers comp insurance through private sector companies,

> or,

> sometimes as a last resort, through the state-operated State Compensation

> Insurance Fund. The premiums charged a specific employer are set by a

> combination of review of baseline actuarial data from WCIRB and by the

> actual history of workplace injury at that place of work (experience

> modification).

>

> Fifth, it is my experience that nearly all very serious acute injuries

> that

> occur in California agriculture are handled through the workers comp

> system

> in a manner that assures prompt and competent medical treatment. On the

> other hand, minor injuries, particularly those of a chronic nature, are

> not

> handled well. This is because of the difficulty of precise attribution of

> causality for chronic injuries or disease as well as the reluctance of

> many

> workers to seek care promptly. For many workers, a minor injury may be

> ignored under the pressure to get work and earn money. As a measure of

> the

> level of success of the workers comp system in California, we asked

> workers

> who participated in the California Agricultural Worker Health Survey

> whether they had ever had a paid claim, and 21% of those we asked said

> they

> had, and reported the date and amount of benefits they received.

>

> Sixth, there is a major loophole in California benefits that may also

> discourage workers from seeking workers compensation benefits. That is,

> the indemnity payment for lost work time kicks in only after three lost

> days of work, or if the subject is hospitalized. Moreover, the amount of

> payment for lost work time is calculated on the basis of 52 previous weeks

> of work. If a worker has only worked for a total of half a year in that

> period, then the benefit is 50% of what it otherwise would be. Obviously,

> some workers see the hassle of applying as not worth the trouble.

>

> Don Villarejo

> Don Villarejo, PhD

> P.O. Box 381

> , CA 95617

> (530)756-6545 voice & facsimile

>

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