Lawmakers in Oklahoma passed legislation three years ago that gave companies the ability to “opt out” of the state’s workers’ compensation system and write their own plans. It was yet another example of the gradual whittling away of injured workers’ rights across the country. Large companies were emboldened by this success and began lobbying heavily for similar measures in other states, including Georgia.
Then came the stories about how unfair this opt-out system was for workers. Suddenly, employers were responsible for setting the terms of which injuries they would cover and which they would not. Workers were held to varying standards about when they had to report their workplace injuries. Some were given a month, others just a day. A worker at one company might be paid a certain amount for a finger amputation, while another might receive far less. Many workers were having to rely on taxpayer-funded programs, such as Medicare, Medicaid, and Social Security, to cover the cost of their work-related injuries.
Now, the Oklahoma Supreme Court has ended the opt-out program in that state. In Vasquez v. Dillard’s, the court declared Oklahoma’s version of opt-out unconstitutional. The court reasoned these opt-out plans treated one group of workers differently from all others in the state. The primary example given was the amount of time workers had to report claims at this retail store: just one day. Normally, workers in the state have 30 days.