An Act Concerning Workers' Compensation Claims And Legal Fees.
Impact
The implications of SB00293 are far-reaching as it seeks to adjust the financial relationships and the economic dynamics of workers' compensation litigation. By allowing attorneys for employers to receive a portion of reimbursed funds, the bill not only incentivizes legal representation for employers but also aims to balance the scales of compensation between employees and employers. This change can potentially streamline the process of workers' compensation claims, as it may encourage more thorough evaluations of claims from a legal standpoint.
Summary
SB00293, introduced by Senator Looney during the January Session of 2013, proposes a significant amendment to existing statutes concerning workers' compensation claims and the legal fees associated with them. The main focus of the bill is to structure the compensation for attorneys representing employers or workers' compensation insurers when an employee's claim is contested. Specifically, it stipulates that if a claim is resolved in favor of the employer or insurer, the attorney will receive twenty percent of any reimbursement made to the insurance entity for medical benefits paid to the employee while the claim was pending.
Contention
However, this bill has raised notable points of contention among stakeholders in the labor and legal communities. Critics argue that tying attorney compensation to the outcome of the claims process could disincentivize fair representation and potentially bias legal advocacy towards employers. There are concerns that it might lead to an increased number of contested claims, as employers may wish to avoid paying legal costs and thus challenge claims more aggressively. Conversely, proponents argue that it is a necessary reform to ensure that legal costs reflect the realities and risks involved in labor disputes.
An Act Concerning Victims Of Domestic Violence, The Unsolicited Transmission Of Intimate Images By Means Of An Electronic Communication Device And The Impermissible Use Of Nondisclosure Agreements In The Workplace.