Not many folks know that Tennessee's governor is working on a plan to drastically change Workman's Compensation in Tennessee. Unfortunately, in addition, far too many think that if a Republican legislature proposes or passes it, that it must be a good idea, right? After all, those greedy cheaters are sitting around sucking up taxpayers' money while drinking beer and watching TV while the rest of the hardworking, taxpaying citizens support their laziness.
Often, when lawsuits concerning damages due to injury are discussed, the injured are presented as greedy or stupid. You know. Like the woman who
sued McDonald's because she was stupid that she was driving with a cup of coffee between her legs and it spilled on her. Boo hoo, she was wet and uncomfortable. That surely wouldn't warrant a huge $2 million plus award would it? Only it turns out, she wasn't driving. She was a passenger in a parked car and when she opened the lid to add cream and sugar, the coffee spilled, causing third degree burns on her inner thighs and private parts which were so severe that she was hospitalized for eight days and required skin grafting. She offered to settle for the paltry amount of $20,000.00, but McDonald's refused. In the lawsuit, it was discovered that McDonald's had complaints of over 700 people being burned by their coffee, but did nothing. The jury's initial award was $200,000. for Ms Liebeck's compensation, and the $2.7 million was punitive damage for McDonald's reckless behavior in not lowering the temperature of the coffee, even after complaints. (The image below is an actual picture of her burns)

McDonald's immediately set out on a PR campaign to smear Ms Liebeck as a stupid, greedy old woman who was too dumb to have enough sense to not drive with coffee held between her legs. And for the most part it worked, as that lie is what most people believe.
Just like most people believe that when people get injured on the job, they're just "faking it", or that it's only greedy trial lawyers (who happen to contribute to the Democratic Party) who are causing Tennessee to run business away because the business can't absorb the financial losses due to the runaway number and dollars awarded of all those frivolous lawsuits. After all, it's only "them" who have silly lawsuits - only "my" pain and suffering has enough merit to get adequate compensation or need a jury to intervene!?!!
Which brings me to Gov Haslam's recent pet project which would drastically change the way Workman's Compensation works in Tennessee. First, the legislation would take workman's comp from under the umbrella of the Labor Department, the legislature, and the courts, and place it under a new agency, which would operate "independently" under an administrator appointed by the governor. No opportunity for problems there! The proposed division would have power to set, change and enforce rules, as well as handle claims, benefits, and disputes That means no appeal to courts or a jury of the injured's peers - just a politically appointed set of bureaucrats whose only loyalty is to the person who appoints them and possibly the business interests who got that person elected- without regard to the pain and suffering of the injured - or their loss of income, which could be devastating to workers Lost your arm due to faulty equipment? Too bad. Some other changes include
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- Making the employer less likely to be at fault for an on the job injury
- Eliminating the right to a trial before an impartial court system and instead having all claims be adjudicated by the Tennessee Department of Labor
- Shifting the role of the Tennessee Legislature to an agency of the executive branch (Tennessee Department of Labor)
- Burdening taxpayers with the cost of an injured worker instead of responsible insurers/employers
- Limiting the right for an employee with a vocational disability to recover any amount of benefits
- Limiting an employee’s ability to receive medical benefits
- Complicating the determination of an impairment rating, increasing medical costs, and extending the length of a claim experience
Check back on this. I'm presently working with a group that is examining this legislation and its adverse effects on the worker who will have no real recourse if injured on the job. It's time to pound local media via letters to the editor of your local paper, and calls, letters, and e-mails to the local television stations to let people know that THEY can be injured by the Tennessee legislature.