new letter I want to send
02-20-2008, 03:49 PM
new letter I want to send
I would like everyone to read this letter and please edit it. If anyone would like to add anything please PM me. I will be sending it out to all State officials as soon as I get permission to use the Injured Workers Bill of Rights I found on the web. I can see no problem with them permitting me to use them since it states Copy these and hand them out, but I am asking anyway.
To Whom it may concern,
The Declaration of Independence states:
Ã¢â‚¬Å“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future securityÃ¢â‚¬Â.
For all of you who believe in our Declaration of Independence I would ask that you listen to this great writing. There are people whose rights are being disregarded at every turn. These are the injured workers of the United States.
When the Declaration states Ã¢â‚¬Å“that all men are Created equalÃ¢â‚¬Â does it imply only if you are in good health and uninjured?
When it state the Ã¢â‚¬Å“Unalienable Rights of Life, Liberty and the pursuit of HappinessÃ¢â‚¬Â, does that only encompasses those who are not injured?
When it states Ã¢â‚¬Å“whenever any form of Government becomes destructive of these ends, it is the right of the people to alter or to abolish itÃ¢â‚¬Â. When workers compensation empowers the insurance companies with all the decision-making rights pertaining to an injured workers care, and removes the injured workers say in their own care. Would you not consider this destructive to the injured population of this great Nation?
When it states the new Government should Ã¢â‚¬Å“laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.Ã¢â‚¬Â Does the injured worker have no right to Safety and Happiness?
Is it easier for the Government to permit the injured workers suffer repression since it states Ã¢â‚¬Å“mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomedÃ¢â‚¬Â?
Or do you believe Ã¢â‚¬Å“when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such Government, and to provide new guards for their future securityÃ¢â‚¬Â.
Should there not be a Bill of Rights for Injured Americans
They are presented here for your consideration:
1. An injured worker shall have the right to select his own physician or at a minimum to be able to switch to a doctor of his choice after 30 days of treatment.
2. An injured worker shall have the right to a prompt hearing on any dispute, within 90 days of a request. Additionally in emergency medical or financial situations there should be a right to a hearing within 30 days to issue provisional orders on such emergency matters.
3. An injured worker shall have the right to have considered in his disability his loss of earning capacity along with any physical or mental impairment.
4. An injured worker unable to return to his trade or occupation as a result of a work injury shall have the right to an independent vocational assessment and to vocational rehabilitation if reasonably appropriate, with the goal being a return to the highest earning capacity possible within a reasonable time frame. Vocational rehabilitation benefits shall be at the same rate as temporary disability benefits.
5. An injured worker shall have the right to an impairment rating and disability determination which assesses chronic pain and depression along with any physical impairment. And if work related activities contribute to, result in or aggravate pain, limitation or impairment the claim shall be compensated.
6. An injured worker unable to return to substantial gainful work shall be entitled to permanent total disability benefits for as long as the disability continues.
7. An injured worker shall have the right to a non-party independent medical exam, paid by the insurer if there is a question concerning the treatment or opinions of the treating provider. All partisan IME's are to be banned.
8. An injured worker shall have the right to benefits based on his true take home pay including overall wage benefits and to permanent disability benefits based upon his disability not simply impairment.
9. An injured worker shall have the right to a second opinion, paid by the insurer, with a doctor of his choice, if surgery is being recommended. Any surgery can be declined without adverse consequences.
10. An injured worker shall be treated with dignity and respect by those within the wc system, to include doctors, nurses, adjusters, attorneys and judges..to the extent that the first priority and loyalty shall be to recovery and fundamental fairness. If not, substantial penalties should be imposed.
11. The physician treating the injured worker shall have the presumptive right to order any diagnostic tests or evaluations. The presumption can only be overcome by clear and convincing evidence which must be furnished within 20 days of any denial.
12. An injured worker shall have the right to all legal entitlements for his disability without offsets.
13. An injured worker shall have the right to realistic cost of living increases in his benefits and to have those benefits pass to his dependents upon his death.
14. An injured worker shall have the right as the ultimate consumer of medical services to be informed of the doctors education, experience and contractual arrangements with insurers when treatment commences. Additionally, the state shall monitor all doctors and maintain a record of complaints by injured workers concerning doctors which can lead to removal of the doctor from the ability to treat such workers for numerous or major complaints.
15. An injured worker shall have the right to privacy of his medical records. They are to be sealed and otherwise nondisclosable except as concerns claims by the worker , for statistical purposes only or to permit an accommodation in employment.
GOD BLESS OUR COUNTRY AND OUR PRESIDENT!
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