Workers’ compensation: disability benefits: gender disparity.
The legislation alters existing calculations of workers' compensation benefits by introducing a gender-based adjustment, which advocates assert is necessary to address systemic inequalities in the labor market. By requiring that disability benefits reflect earnings disparity, the bill has the potential to provide better financial support for affected workers, thereby ameliorating some of the economic disadvantages that women face in the workforce. It represents a progressive step towards equalizing benefits received by workers who sustain injuries on the job.
Senate Bill 1458, introduced by Senator Limn, addresses gender disparities in workers' compensation benefits. By adding Section 4453.1 to the Labor Code, the bill mandates an increase in disability benefits based on the percentage of earnings disparity between genders. This adjustment applies to workers whose average weekly wages are lower than their opposite-gender counterparts, as reported by the employer's pay data submissions to the Department of Fair Employment and Housing. The bill aims to promote wage equity in the workers' comp system, targeting those injured on or after January 1, 2023.
While the bill received no opposition votes in initial discussions, there is potential contention surrounding its implementation. Critics might argue that the bill could impose additional administrative burdens on employers, particularly smaller businesses, which will need to calculate these adjustments accurately. Furthermore, there could be debates around the adequacy of the existing wage data collection methods, raising questions about the reliability of the gender disparity figures used in this new calculation method.