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Workers Compensation
Position: NCCBI believes
the definition of injury by "accident" should not be changed
to eliminate the requirement that a worker be injured in the workplace
as a result of and unexpected or untoward event. The continuation of
our equitable workers compensation system that compensates employees
for on-the-job injuries while performing assigned responsibilities is
in the best interest of employers and employees. In order to maintain
the balance of the traditional workers compensation we oppose the
inclusion of stress claims, or any further erosion of the standards of
injury by accident, or of exclusive remedy.
Explanation: The occurrence
of any unexpected injury to the employee during the performance of his
job would be compensable whether or not such injury results from an
"accident." (1) Eliminating the "accident- requirement
would open the system to any claim whether work related or not. (2)
Injuries which did not occur on the job would become the subject of
claims filed by employees. (3) In states which do not have the
accident requirement, employers are subject to claims for arthritis,
headaches, heart attacks or psychiatric disorders caused by stress and
traced to the job.
Liberalization of the
existing law to exclude the "accident" requirement would be
quite costly to business and industry because of the increased number
of claims and lawsuits. Higher absenteeism would be an inevitable
result. Employer
insurance premium rates would be driven up proportionately. Industrial development
would be hampered appreciably as the state would become less
attractive to new industry. There would in turn be fewer jobs for
those who need them. A past
chairman of the Industrial Commission has summed up the consequences
of some proposed changes by stating that "more people would be
hurt than helped." Appointments to the Industrial Commission
which reflect a fair and balanced membership will ensure that
continued effectiveness of the workers compensation system.
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