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PENNSYLVANIA FEDERATION OF INJURED WORKERS Call us toll free 1-888-376-7942
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October 3, 2002
No Cost of Living Increase for Pennsylvania Injured Workers Expressed opinion by Michael A. Kerstetter, PFIW Dauphin County It has been over 30 years since any injured worker has gotten a cost of living increase. Everyone else in the worker's compensation system has gotten cost of living increases. Physicians, attorneys, rehab experts, and all other third parties to a workers compensation claim have all received cost of living increases. It seems a little odd that everyone but the injured worker is receiving cost of living increases because workers compensation is suppose to protect and help an injured worker. All other parties to a worker's compensation claim are being helped with the rising cost of living by the Pennsylvania Worker's Compensation Act, so why not the injured worker? I have heard only one reason as to why a cost of living raise for injured workers should not be implemented. It is the most absurd argument I have heard to date is: "the injured worker would not receive the increase if a cost of living increase because all third parties to the claim would get a portion of the increase therefore reducing the amount of increase received by the injured worker to nothing." The third parties would only get a portion of the cost of living increase the injured worker would receive the rest. The Pennsylvania Legislators seem to be afraid that the third parties involved in a worker's compensation claim would receive a portion of a cost of living raise. The third parties involved in a worker's compensation claim already receive cost of living increases. Give the injured worker a cost of living increase because part of an increase is better than none! It appears to me as though our Legislators have given in to corporate greed in the worker's compensation insurance industry! What other explanation is there for allowing this to go on for so long? Worker's injured on the job back in the 1970's and 80's are still receiving the same amount for worker's compensation today that they were receiving when their injury occurred. I don't know if you can remember how much money most workers were making back then but it would be a real challenge to survive on it today. The employers/worker's compensation insurance companies know that the injured worker is not receiving much for a claim that old so they are now targeting such claims to terminate them. The worker is still disabled but now his/her income is so low that no worker's compensation attorney will take the case when a petition to terminate is filed with the Pennsylvania Worker's Compensation Bureau. Everyone in the United States of America is entitled to due process but injured workers with claims from the 70's and 80's are being processed with no legal representation. The injured work attempts to handle the claim but it is so overwhelming they often give up or loose. These injured workers are stripped of their workers compensation and end up on Social Security Disability. It seems as though the Pennsylvania Legislators want the Social Security System to pay for workplace injuries instead of worker's compensation insurance companies, which were paid a premium to pay for worker related injuries. Would you go over 30 years without a cost of living increase? Where is the help for injured workers who can never return to work due to a work related disability?
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