Bill > H4296

This bill aims to improve injured workers' access to medical care and workers' compensation benefits by making several changes to existing laws. It clarifies that workers' compensation claims cannot be denied solely based on disputes about whether an individual is an employee or about the calculation of their average weekly wages, ensuring these issues don't prevent access to benefits. The bill also mandates that when determining average weekly wages, all available evidence of paid and required wages should be considered, even if not actually received, and that employers must have paid wages in compliance with the law for this to be a factor. Furthermore, insurers must consider all evidence from both employers and employees when deciding to start weekly benefit payments and cannot refuse to pay simply because an employer fails to cooperate, instead relying on employee-provided information if necessary. The bill also requires the department to provide qualified interpreters for injured workers whose primary language is not English during conciliations, conferences, hearings, or impartial medical exams. It also expands the services insurers must provide to injured employees to include interpretation, transportation, and other necessary services to ensure effective and timely healthcare, with the insurer, including the Trust Fund (a state-run fund for workers' compensation claims), directly arranging and paying for these services. Finally, the bill updates language to be gender-neutral and clarifies the role of the Trust Fund in making payments and recovering costs when there are disputes over liability or employer insurance status, ensuring injured workers receive benefits promptly while establishing mechanisms for recoupment.