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Randomness from a 2005 graduate of The Moritz College of Law at The Ohio State University

 

Tuesday, April 06, 2004

I just spent the last hour and a half printing materials to pass out for my seminar presentation. That certainly doesn't mean I feel ready for the presentation Friday, but at least I am ready (except for excessive copying) to pass out the materials tomorrow. I have even started my paper, so I am feeling as good as possible. About that class anyway... I don't have a clue what I am supposed to know for employment law, and I know all too well what I should know, but don't, for evidence. But it's kind of like a play - it always comes together somehow.

I'm going to get called on soon in employment law. I hope I don't sound like a neo-fascist. (Apparently, it's a common problem in our class...) I think we will be talking about workers compensation when I'm on call. Workers comp is one of those areas where I actually get confused about what I think. Generally, I think that it is more beneficial for individuals to have a right to sue rather than be limited by some sort of regulatory scheme which usually is out of the individual's hands to enforce. In the case of workers compensation though, I think that overall more workers are helped by regulation than are hurt by the lack of a judicial remedy. It is just frustrating, because there are clearly areas where workers comp may not be sufficient. Fortunately there do appear to be fairly reasonable exceptions to workers comp being the exclusive remedy, at least in some states. One of the things that informs my opinion though, and makes me dislike the entire workers comp scheme, is my knowledge of the health insurance system. If someone gets hurt at work, the claim will almost certainly be processed as a workers comp claim. Then if the workers comp people deny it or the employer challenges it because it is not work related, etc., it will get sent to the individual's normal insurance company. That insurance company will then deny it because the injury occurred at work and should be paid by workers comp. And then the individual is screwed. And probably doesn't even know it, because the health care provider probably hasn't notified them and won't until they have already sent the bill to collections. So in the end, the individual is probably better off just paying the bill rather than wasting time and money fighting it, going to hearings, consulting attorneys, alienating the employer, and on and on and on. So, if I get called on, I'll just say, "I'm really not sure. I think that what the person in front said sounded right." |
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