The new laws that are set to take place for Oklahoma workers next year are being argued as unconstitutional.
Attorneys are set meet with the Oklahoma Supreme Court on December 10th to present their case. They will be arguing that the new state law to create an administrative workers compensation system is biased and not business friendly.
Proponents for the new laws claim it is needed to make Oklahoma more business friendly, reduce costs for businesses, quicker turn around time on claims and will ensure that injured workers are treated fairly while being provided the medical care needed to return to work.
The new law would allow employers to opt out of the system as long as they provide equivalent benefits to injured workers.
Opponents of the law state that the new laws are unconstitutional for the following reasons: the opt-out section of the law treats some employers and employees differently from others, combining multiple topics on a single bill and many other provisions as well.
The big question now is, how is Oklahoma going to handle worker’s compensation cases? The Governor of Oklahoma, Mary Fallin, stands behind the new laws and does deem them as constitutional. Gov. Fallin has made the following statements:
“For decades, Oklahoma has had one of the most expensive and inefficient workers’ compensation systems in the country, a constant obstacle for business owners looking to expand operations or create more jobs,” the governor said at the time.
“Senate Bill 1062 completely overhauls our flawed workers’ comp system, dramatically reducing the costs to businesses and freeing up private-sector resources that can be invested in jobs rather than lawsuits. Additionally, our reforms ensure injured workers are treated fairly and given the medical care needed to return to work.
“This is an important pro-growth policy that will help us attract jobs and build a stronger and more prosperous Oklahoma.”
These statements have caused a stir with state senator Harry Coates and representative Emily Virgin along with the Professional Firefighters of Oklahoma.
“As a longtime businessman, I recognize that it’s necessary to have workers’ compensation rates as low as possible. In fact, I believe we need a workers’ compensation administrative system, just not the unconstitutional and unworkable system created by Senate Bill 1062,” Coates said at the time.
“It’s wrong that a firefighter or any other injured worker should have to pay back benefits after returning to work. This is just one of many problems with this new law.”
Oklahoma is in direr need of workers compensation reform. The program is out dated, expensive and the process is slow. While the new bill does include some great requirements, it does not appear to have the best interest of the injured workers included in the bill. The new bill is flawed and does need to be revised but can the 2 sides come to an agreement to create a new bill that will satisfy the business owners and employees? We will have to stay tuned as we watch this play out on December 10th.