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📘 1. Workers’ Compensation History – The Hartford
A comprehensive overview tracing workers’ compensation from ancient civilizations to modern U.S. law. Covers the Industrial Revolution, European influences, and the evolution of legal doctrines like the “unholy trinity of defenses.”
Highlights: Origins, key milestones (e.g., Wisconsin’s 1911 law), and the purpose of modern workers’ comp.
📄 2. Workers' Compensation: A Background for Social Security Professionals – SSA Bulletin
An in-depth article explaining the principles behind workers’ compensation, its coordination with Social Security Disability Insurance, and its historical development in the U.S.
Highlights: Fault vs. no-fault systems, state-by-state variations, and policy implications.
📚 3. Introduction: Why Study the Origins of Workers' Compensation? – NBER
From the book A Prelude to the Welfare State, this chapter explores how workers’ compensation laid the foundation for broader social welfare programs in the U.S.
Highlights: Progressive Era reforms, legal shifts, and the role of compensation in shaping modern labor policy.
📖 4. Workers' Compensation (United States) – Wikipedia
A detailed encyclopedic entry covering the legal history, state-by-state implementation, and modern practices of workers’ compensation in the U.S.
Highlights: Legal doctrines, federal vs. state roles, and administrative structures.
📘 5. A Brief History of Workers’ Compensation – Integrity Now Insurance
A concise guide aimed at business owners and professionals, explaining the historical development and current importance of workers’ comp.
Highlights: Timeline of adoption, legal reforms, and insurance implications.
The Congressional Research Service (CRS) has published a detailed report titled “Workers’ Compensation: Overview and Issues”, which provides a comprehensive look at the U.S. workers’ compensation system. Here are the key highlights from the publication:
📄 Workers’ Compensation: Overview and Issues
Author: Scott D. Szymendera, Analyst in Disability Policy
Published by: Congressional Research Service
📎 Download the full report (PDF)
🔍 Key Topics Covered:
- Historical Context:
Workers’ compensation emerged as a “grand bargain” in the early 20th century, replacing litigation with a no-fault system where workers receive benefits and employers gain protection from lawsuits. - Federal vs. State Role:
Most workers are covered by state laws. The federal government administers programs for:- Federal employees (FECA)
- Longshore and harbor workers (LHWCA)
- Coal miners with black lung disease
- Atomic weapons industry workers (EEOICPA)
- Benefits Structure:
Includes medical coverage, wage replacement (typically two-thirds of pre-injury wage), survivor benefits, and vocational rehabilitation. Systems vary widely by state. - Employer Costs:
In 2017, employer costs totaled $97.4 billion, or $1.25 per $100 in covered payroll. - Congressional Involvement:
- 1970: OSH Act created a national commission to study state workers’ comp laws.
- 1973: Commission recommended minimum standards, but Congress did not enact them.
- Recent proposals focus on reforming FECA and integrating workers’ comp with other federal programs like SSDI and Medicare.
- Current Issues:
- Variability in state benefits
- Role of opioids and prescription drugs
- Litigation and settlements
- Cost-shifting to federal programs
- Adapting systems to modern workplaces
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About The Author
About The Author
-
Frank Ferreri
Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.
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