Isn't it time we did something about the Illinois
Industrial Commission? Illinois law entrusts the commission with several
duties, including resolving Workers' Compensation disputes, protecting
the rights of workers and employers and keeping statistics. It does none
of them well.
Workers' Compensation is insurance created to provide
wage replacement and medical bill benefits to workers hurt on the job.
Compensation was supposed to be swift and automatic, since workers
wouldn't face the delays of going to court. Yet the system often failed
miserably, partly because insurance companies dispute a high percentage
of claims- especially more serious injuries.
With approximately 60,000 cases filed each year, the
industrial commission has only 28 arbitrators to settle disputes. After
the pending caseload increased by 4,000 cased per year for 12 straight
years, the commission instituted procedures to speed up settlements.
Still many workers must wait many months-even years-to resolve their
claim. The commission needs more arbitrators and support staff.
Besides additional funding, changes are needed to
protect workers' rights. Too often, insurers collect premiums, then
shirk their duty to the people who become disabled. Insurance companies
love delay-after all, they're holding the workers' money. When workers
get discouraged and give up-or even die- the insurers keep the money.
One way to keep workers' money is to terminate
benefits for no reason, leaving workers without income or access to
medical care. The commission should require insurers to show cause for
terminating workers' benefits.
Reforming the commission's funding mechanism could
make needed changes painless for taxpayers. Most states fund the
commissions counterparts through assessments on insurance companies. In
Illinois, taxpayers fund the commission while insurers keep the
profits-$386 million in 1997. By stopping the insurers free ride and
instituting a few reforms, Illinois finally could have a high quality
Industrial Commission.
Steve Frederick
Chicago Area Committee on Occupational Safety and
Health
