Rights

Health Care Denied

Employer refuses to cover motorcycle-related injuries

Imagine you went to work one day, and your boss handed you a memo that said your employer, to protect the benefits of “responsible” employees, would no longer cover motorcycle-related injuries under the company’s health insurance?

Plus, the company wouldn’t make good on its employee life insurance policy if you were killed in a motorcycle crash.

You’d still be covered if you did almost anything else: bungee jumping, skydiving, scuba diving, skiing. Just not on your motorcycle.

Outrageous?

We think so. But that’s exactly what happened one day this summer to hundreds of workers at the American Coal Company mine in Galatia, Illinois.

The company notified them that coverage was being terminated immediately—without warning—on any motorcycle-related injury to employees or their dependents.

That means if a worker is injured riding a legally licensed motorcycle on the street, there’s no medical coverage. Even if the injury is caused by another driver, the rider could lose. He’d be entirely dependent on the other driver’s insurance coverage. And these days, medical bills can quickly overwhelm minimum-coverage policies—if the other driver even has insurance.

But it goes beyond that. If the worker has a kid who’s injured riding a minibike in the back yard, that’s not covered. If the worker’s spouse is hurt while riding, that’s not covered. Any injury could wipe out the family’s finances.

Ironically, American Coal has imposed this discriminatory rule in one of the biggest motorcycling states in the country. Illinois ranks sixth in the number of road motorcycles nationally, and the Motorcycle Industry Council estimates that motorcycling contributes $900 million to the state’s economy.

We learned of this discriminatory policy from Michael Cummins, a former American Coal Company worker who lives near the mine. He’s seen first-hand the chilling effect the memo has had on his riding buddies who work for the company.

He says that some motorcycling workers have left their jobs, while others have sold their bikes or simply stopped riding because of the policy.

Worse, he fears that American Coal’s decision could set a precedent for other companies.

Unfortunately, this is not a new problem. It’s one the AMA has been working on for over a decade, (see “Insurance Battle Continues in Congress,” right).

The AMA first got involved in this issue in the late ’80s, when we received reports that several companies and unions were eliminating health-insurance coverage for motorcycling injuries. In one particularly devastating case, AMA member Tom Klimek was injured in a crash that wasn’t his fault in the Chicago area. The driver who hit him had no insurance, and his coverage through the Teamsters Union prohibited payments for motorcycling injuries. As a result. Klimek ended up paying tens of thousands of dollars out of his own pocket.

The situation in Galatia is especially troublesome, in part because of the company’s attitude in announcing the new policy. In his memo, Robert Murray, the company’s chairman, president and chief executive officer, implies that riding a motorcycle is, in itself, irresponsible.

“In order to protect and preserve our benefits for the vast majority of our employees who are responsible, benefits for motorcycle operating and intoxicated employees, performing any task, must be eliminated,” Murray wrote.

“There will be no medical benefits whatsoever to any employee, or his dependents, as a result of an accident while operating a motorcycle, or where the employee is intoxicated and performing any task. Further, no life insurance or other benefits will be provided to the employee.”

The memo goes on to say that “anyone missing work as a result of a motorcycle accident or intoxication will be charged with an unexcused absence for the duration of his or her affliction.”

Officials of the company did not return phone calls asking for information on the policy.

Cummins says he isn’t aware of an employee motorcycle-related injury that would have triggered the policy change, and he doesn’t know of any crashes since the new policy took effect.

He said workers approached lawyers about trying to fight these new restrictions in their health coverage, but were told that company officials were completely within their rights under the law.

A solution to the issue, however, is as close as two bills introduced by lawmakers who understand the problem.

“What people don’t know until it’s too late, is that currently, employers’ health-insurance providers are legally permitted to deny benefits for injuries sustained while participating in certain recreational or transportation activities such as motorcycling, snowmobiling, skiing and horseback riding,” said U.S. Sen. Susan Collins (R-Maine), who joined with U.S. Sen. Russ Feingold (D-Wisconsin) to introduce S.B. 577 to change the law.

A similar bill was introduced in the House—House Resolution 2793, offered by U.S. Reps. Michael Burgess (R-Texas) and Ted Strickland (D-Ohio).

Currently, the bills remain in committee. And that’s where you come in. The more our representatives in Washington are aware of the problem, the better our chances of moving forward on the issue.

“We need the help of all motorcyclists to get the law clarified in Congress so that motorcyclists and others who take part in legal activities are covered,” said Edward Moreland, AMA vice president for government relations.

Voicing your support is as easy as visiting the Rapid Response Center at www.AMADirectlink.com, where you can send e-mails in support of the bills with the click of a mouse.

FRIENDS DON’T LET FRIENDS

Fighting Drunk Riding
With the help of a grant from the AMA Government Relations Department, CBA/ABATE of North Carolina and the Motorcycle Safety Program have put together an anti-drunk-riding poster with a powerful message.

The 11-inch-by-17-inch poster shows three motorcyclists gathered around a coffin, and states: “Don’t let this be the last time you see your brother. Friends don’t let friends drink and ride.”

For information on the AMA’s efforts to stem drunk riding, visit www.ridestraight.com.

THE PEOPLE SPEAK

Mayor Tempted to ‘Nudge’ Bikers Ousted at Polls
Mayor Mark McBride of Myrtle Beach, South Carolina, who recently said he was tempted to “nudge” a motorcyclist with his car because he didn’t like the message on the rider’s T-shirt, lost his bid for re-election in November.

McBride raised the ire of area motorcyclists during the campaign, saying he considered running into a rider because he considered the motorcyclist’s shirt to be offensive.

McBride made it to a runoff election, but ultimately lost to political newcomer John Rhodes.

Insurance Battle Continues in Congress
The problem of companies refusing health-insurance claims for motorcycle injuries isn’t new.

In fact, the AMA has been fighting for your rights on this issue for more than decade.

We thought we had the problem solved in 1996, when President Clinton signed the Health Insurance Portability and Accountability Act. Through the work of the AMA, the act included a provision prohibiting employers from denying health-care coverage due to, among other things, participation in legal activities like motorcycling.

But in 2001, bureaucrats who implemented the law essentially reversed its intent.

They said employers couldn’t refuse health-care coverage because an employee rides a motorcycle. But they allowed employers to continue denying claims for injuries sustained in motorcycle accidents.

No, it doesn’t make a lot of sense. But that’s the law. And we’re not stopping the fight.

“We’ve supported bipartisan bills in Congress to end this kind of health-care discrimination. And we need your help to move those measures forward,” says Edward Moreland, the AMA’s vice president for government affairs.

Just visit the AMA Rapid Response Center at www.
AMADirectlink.com, where you can send letters of support for those bills to your representatives.

More Ammo for Land Access
Two big companies heavily involved in motorcycling have linked up with AMA District 36 (northern California, northwestern Nevada) and the BlueRibbon Legal Defense Fund to help keep riding areas open.

Repsol, the world’s seventh largest private oil and gas company, and Motorcycle Stuff, a nationwide distributor of motorcycle parts and accessories, are donating part of their Repsol sales to help fund OHV-related legal efforts in northern California.

Under the program, called “A Case for Access,” Repsol and Motorcycle Stuff will set aside a percentage of the money from all Repsol lubricants sold in northern California to help fund legal efforts related to the Clear Creek Management Area near Coalinga, and the Eldorado National Forest, where anti-access groups have filed lawsuits to stifle OHV riding,

“I know thousands of AMA District 36 members appreciate the off-road businesses that support our efforts to keep OHV riding areas open for public use,” says Dave Pickett, president of AMA District 36. “We also value the partnership we have with the BlueRibbon Coalition Legal Defense Fund to successfully challenge the closure agenda of anti-access groups.”

The promotion runs from January 1 through March 31. For info, visit www.
salinasramblersmc.org.

Fighting Drunk Riding