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One Work Comp Bill to Go, Hold the Punitive Damages
By Robert Warne - June 7, 2002

With Congressional probes into security leaks before 9/11 and the call to create a new cabinet level office for Homeland Security, a federal backstop for insurers is getting buried deeper with each passing day. A renewed attempt is underway to breathe life back into federal reinsurance legislation. Gaining momentum is the notion that lawmakers should approach such legislation on a line-by-line basis.

First up for the a la carte backstop legislation should be workers’ compensation according to M.R. Greenberg, American Insurance Group Inc., (AIG) chairman and chief executive officer. In an editorial published by The Washington Post, June 5, Greenberg builds a strong case in support of his call for Congress to start off by reinsuring workers’ compensation.

The issue of punitive damages has hindered the progress of any federal backstop bill thus far. Greenberg pointed out though, that punitive damages aren’t part of the equation for workers’ compensation. So at the least, Congress should act to prevent an economic catastrophe in the workplace.

He emphasized the huge risk associated with insuring companies that have large numbers of employees concentrated in a few locations. These locations have become the prime targets for terrorists. From 9/11 alone the estimated payout for insurers and self-insured employers for workers’ compensation claims will end up in the $2 to $3 billion range.

Greenberg said that a larger scale event is possible, especially if chemical, biological or nuclear weapons are used.

“As difficult as it may be to think in such terms, an incident at a single complex of 10,000 employees could result in a $50 billion loss. Just do the math if 100,000 employees are involved,” he said.

Sept. 11 changed the risk profile of the American workplace. Whether insurers and employers have the best intentions to cover the financial scope of loss from another attack, there is a limit beyond what they can cover.

Greenberg said, “We owe the millions of Americans who courageously returned to their jobs following Sept. 11 nothing less.”

 
 

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