Workmen's compensation. Report of the Committee on Environmental Health American College of Chest Physicians.

نویسنده

  • W K Morgan
چکیده

rior to 1900, a worker who was disabled by inPdustrial injury or accident could obtain recompense only through lawsuits based on either common law or, in some jurisdictions, employers' liability statutes. Under common law, the plaintiff had to prove the employer's negligence and this, coupled with several other factors, militated greatly against the worker. Thus, there was a reluctance on the part of fellow workers to testify against the employer lest by doing so they placed their jobs in jeopardy. Moreover, three defenses were available to the employer which were used to deny claims made upon him, namely: 1 ) the worker by his own negligence contributed to his injury, 2 ) damages could not be recovered if a fellow worker was responsible for the injury, and 3 ) the injured employee could not be awarded compensation because of an inherent hazard in his employment of which he had, or should have had, prior knowledge. During the 1850s, the obvious inequities of common law led to the employer's liability laws. These laws, although an improvement, still placed on the injured workmen the onus of proving the employer had been negligent. By 1900, it was apparent that legal remedies for industrial injury were grossly inadequate. High legal costs were the rule and the employee often did not have the financial backing necessary for him to bring suit against the employer. As a result, between 1900 and 1920, most states passed workmen's compensation laws. The prime purpose of these statutes was to

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عنوان ژورنال:
  • Chest

دوره 64 3  شماره 

صفحات  -

تاریخ انتشار 1973