Washington state Rep. Tami Green argues that the state should not pay injured workers with a lump-sum buyout known as “compromise-and-release.” Workers might not make the decision that is in their own best interest.
By Tami Green
Special to The Times
PAYING off injured workers with a lump-sum buyout known as “compromise-and-release” does nothing to get people back to work, promote safer workplaces or address the problem of long-term disabilities.
The Seattle Times recently defended the use of “compromise-and-release” in an editorial regarding our state’s workers’ compensation system, but a couple of key points were overlooked [“House should approve workers’ comp bill,” Opinion, March 8].
As a result of bipartisan efforts, our state workers’ compensation system has already seen good, solid reform this legislative session. Together, we have passed new efficiency and oversight measures that will add more flexibility for employers and injured workers, as well as stricter accident-prevention enforcement.
Gov. Chris Gregoire signed Senate Bill 5801, which will save Washington state $218 million over the next four years. This legislation, agreed to by both business and labor, will reduce the costs of disabling injuries by expanding access to the Centers for Occupational Health Education. It will also create a statewide provider network. These improvements are good for injured workers and for the state, not only because they save money, but because they get folks back to work faster.
Another piece of legislation moving through the Legislature, House Bill 2002, will further improve our workers’ compensation system by helping employers — particularly small businesses — return injured workers to light-duty or transitional work.
It is estimated that these two measures alone will save $450 million between now and 2017, which benefits both workers and employers — a “One Washington” solution.
Compromise-and-release cuts benefits and saves money only if injured workers accept less than what they would otherwise get. Every dollar “saved” comes directly from injured workers’ pockets — and when that money runs out, the costs of those “savings” are shifted to social services for disabled workers who have no income. In other words, the costs are simply shifted to taxpayers.
We must partner with workers to help them get appropriate treatment and training, and get them back to work.
The current proposal (Senate Bill 5566) to utilize compromise-and-release is much more than a minor change; it is a radical shift that would dramatically alter the system, changing it from a reliable safety net to a game of chance for the families of disabled workers.
Our current workers’ compensation system works and has the support of the people of the state. A ballot measure to substantially change the system was soundly defeated last November.
Although advocates for compromise-and-release say that it’s only voluntary and no one would be forced to settle for these buyouts, these proponents ignore the reality of families thrown into crisis after losing their income. Having lost the ability to work, injured workers can be pressured, out of desperation or financial duress, to settle for far less than what is needed to cover long-term medical costs and resulting unemployment. If an employer appeals the claim and drags out the process, the family suffers even more.
This is precisely not the time to implement such a radical change to our system. Compromise-and-release does nothing to lower costs, unless the worker accepts a lower payout. It does nothing to help productivity, keep workers safe or return injured workers to work.
Instead, compromise-and-release puts the state in the precarious position of having to use tax dollars to subsidize the injured worker — possibly for the rest of his or her life. Partnering with our workers and getting them back to work should be the real goal of not only the Legislature, but of the business and labor communities as well.
State Rep. Tami Green, D-Lakewood, represents the 28th District and sits on the House Labor and Workforce Development Committee. She also serves as the House majority floor leader.