The U.S. Department of Labor defines worker’s compensation as follows:
“Workmen’s compensation is a form of accident insurance paid by employers. No payroll deductions are taken out of employees’ salaries for this insurance. If you’re injured on the job or acquire a work-related illness, workers’ comp will pay your medical expenses, and if you can’t work, it will also cover wage-loss compensation until you’re able to return to work.”
No body of law remains static, and that applies to workers compensation law. As regulations and laws change, and more legal precedence is set, it is important for those affected to understand the changing landscape. Here are the emerging workers compensation trends we see moving into the new decade.
- Presumption Laws: In many states (including Florida) presumption laws have historically been enacted for the benefit of first responders, such as firefighters, paramedics/ EMTs, and police officers. These laws remove the burden of proof from someone suffering from a disease and seeking workers compensation. It is “presumed” that they contracted heat or lung disease, cancer, or PTSD (among other conditions) in the commission of their job. When the condition is automatically presumed to be a result of performing their job, the path to payment is cleared. Read the Florida Statutes here: Heart/ Lung Disease and Communicable Disease .The trend to watch in 2020 is the expansion of presumption laws into other industries and careers, such as fire truck mechanics, school teachers and prison guards. Some states are moving towards offering a lump sum payment rather than paying for ongoing medical costs.
- Drug Formularies: A drug formulary is a list of prescription drugs, whether generic or brand name, that is preferred by your workers compensation coverage plan. Your plan may only reimburse you for medications that are on this “preferred” list. We are seeing a trend towards more states creating, refining and updating their drug formularies. Most often, they specify which drugs may be prescribed, enforce dosage limitations and restrict interaction with other drugs which may be dangerous. Studies estimated that altogether, the usage of drug formularies has saved insurance companies $1.1 billion over 8 years.
- Marijuana: Look for the inclusion of medical cannabis in drug formularies in states – like Florida – which have legalized cannabis as a treatment for many conditions, including PTSD and chronic pain. We expect to see the standards change and evolve based on future research into side effects and effectiveness, the legality of home cultivation, and open container laws. This is a murky issue as marijuana, even for medical purposes, is still illegal on a Federal level.
- Opioids: Likely in response to the devastating opioid epidemic, prescribing rates for opioids have dropped significantly in recent years. The CDC and the Workers Compensation Research Institute reported that the incidence of opioid prescription per 100 patients dropped from 81.3 in 2012 to 28.7 in 2018. Several state governments have legislation pending which will restrict the number of future opioid prescriptions. Federally, the Senate’s Judiciary Committee’s pending Opioid Addiction Prevention Act will establish registration requirements for practitioners who are licensed to prescribe controlled substances. A practitioner must agree to limit the number of opioids prescribed for the initial treatment of acute pain, as a condition of obtaining or renewing a registration through the Drug Enforcement Administration. An opioid that is approved and prescribed for the treatment of addiction is not subject to the limit.
All of these trends are likely to affect workers compensation law as we move forward into a new decade. If you feel you are eligible for a workers compensation claim in 2020, call the law offices of Probinsky & Cole. We can help you to navigate changing laws – and get you the help you deserve.
