[lbo-talk] Insurer denies workers comp in racial killing

[Steven L. Robinson]

The black letter law and contract language is as exactly as you say. However,  under the guise of fraud reduction employers are in practice taking a more aggressive stance in the claims process and the associated investigation.  I have seen situations where the employer does its own "sub rosa" investigation of injured employees [i.e, video and other surveillance].

    The stance of the insurance company is outrageous - but not unusal. A clerk getting shot by a customer is by definition part of the risk of employment that workers; comp is designed to cover.  The insurance company is simply engaging in a delaying tactic, hoping the employee's family either gives up or settles for less.  Such tactics are increasingly common now, after numerous instances of "reform." 

      The delaying tactics defeat the stated purpose of workers comp, which is to shield the employer from exposure to civil liability in court in return for payment swift payment to the workers, the benefits are smaller but the employee needn't prove fault. I can assure you if the family of the clerk sued for wrongful death, the employer would get the case thrown out immediately on grounds of workers' comp pre-emption. In practice, the employee or their family often receive no compensation. SR

----- Original Message -----

From: Jordan Hayes 

To: lbo-talk at lbo-talk.org

Sent: Fri, 5 Dec 2008 07:05:34 +0000 (UTC)

Subject: Re: [lbo-talk] Insurer denies workers comp in racial killing

.

All the Workers Comp insurance policies that I've had to buy over the 

years specifically require the company to disclaim any involvement in 

the claims process: this is purely the insurance company, not the store 

she worked at doing this.  The lawyers do what the lawyers do; the 

company has only one obligation: pay the premiums.