Provides for suits against third parties in workers' compensation claims
Impact
The implications of HB 697 on state laws are significant in that it reinforces the need for explicit communication and approval in third-party claims involving workers' compensation. The bill stipulates that an employee must receive written consent from their employer or insurer prior to settling a claim with a third party. Failure to do so would result in the forfeiture of future compensation rights. This means that while employees will have clearer paths to compensation, they will also bear increased responsibilities to secure prior approvals in order to protect their rights.
Summary
House Bill 697 aims to clarify and amend existing laws concerning employees' rights to sue third parties in workers' compensation claims. The bill enhances the process for recovery of compensation from third parties by establishing clearer guidelines that govern how reimbursements and credits are allocated between employers, employees, and third parties. Specifically, it restricts the reimbursements of workers' compensation benefits to amounts that have been specifically paid under the Workers' Compensation Act. This amendment seeks to reduce ambiguities in existing statutes regarding compensation claims and third-party litigation.
Sentiment
The sentiment surrounding HB 697 appears to vary among stakeholders. Proponents, likely representing employer interests, argue that the bill provides necessary regulations that prevent fraudulent claims and ensure that employers can effectively manage compensation expenses. Conversely, some employees and advocates may view this bill critically, believing that imposing stringent approval processes could hinder their ability to swiftly and fairly collective compensation from responsible third parties.
Contention
Notable points of contention revolve around the balance between employers' rights to manage compensation obligations and employees' rights to recover damages. Critics may argue that the extra steps introduced by the bill could complicate the process for injured workers, potentially deterring them from pursuing legitimate claims. As such, discussions around the bill emphasize the need to safeguard employee rights while maintaining fair protocols for employers.
Removes the authority of the office of workers' compensation to adjudicate workers' compensation claims and provides that the district courts have original jurisdiction of workers' compensation claims. (1/1/15)
Relating to workers' compensation; to amend Section 25-5-11, Code of Alabama 1975, to further provide for the employer's right of subrogation against uninsured and underinsured motorist insurance; and to specify that in a settlement of claims against a third party, the employer's share of the employee's attorney fees does not include costs or expenses.
Extends right of Medicaid recovery in cases of third party liability for injury, illness, or death to Medicaid managed care organizations that provide covered services to Medicaid enrollees