Workers' Compensation

Author(s):  
Paul Terrell

Workers' Compensation is a form of social insurance financed and administered by each of the 50 states, the federal government (for federal workers), and the District of Columbia that protects workers and their families from some of the economic consequences of workplace-related accidents and illnesses.


2021 ◽  
pp. 002218562110082
Author(s):  
Eugene Schofield-Georgeson

In 2020, the Federal Morrison Liberal Government scrambled to respond to the effects of the international coronavirus pandemic on the Australian labour market in two key ways. First, through largescale social welfare and economic stimulus (the ‘JobKeeper’ scheme) and second, through significant proposed reform to employment laws as part of a pandemic recovery package (the ‘Omnibus Bill’). Where the first measure was administered by employers, the second was largely designed to suspend and/or redefine labour protections in the interests of employers. In this respect, the message from the Federal Government was clear: that the costs of pandemic recovery should be borne by workers at the discretion of employers. State Labor Governments, by contrast, enacted a range of industrial protections. These included the first Australia ‘wage theft’ or underpayment frameworks on behalf of both employees and contractors in the construction industry. On-trend with state industrial legislation over the past 4 years, these state governments continued to introduce industrial manslaughter offences, increased access to workers’ compensation, labour hire licensing schemes and portable long service leave.



2000 ◽  
Vol 29 (1) ◽  
pp. 109-116 ◽  
Author(s):  
CHACK KIE WONG ◽  
NAN SHONG PETER LEE

The paper starts with a brief discussion of recent developments of economic restructuring of the State Owned Enterprises in China and their related reforms in social insurance and social assistance. It then reports the findings of an attitude survey of residents in Shanghai in 1996 towards the social and economic consequences of economic reform. It reveals that, despite the fact that most people feel better off with the reforms, there is still a need for the state to play a role in social protection.





Author(s):  
Damien Van Puyvelde

Today, close to a million contractors hold a security clearance in the United States. This is a quarter of all cleared personnel, and more than the total population of the District of Columbia, where most major federal government institutions are located. Tens of thousands of contractors contribute to core intelligence functions like collection and operations, analysis and production, and even mission management....



2012 ◽  
Vol 2012 ◽  
pp. 1-21
Author(s):  
Samuel K. Allen

This study addresses the indirect impacts of state-mandated workers' compensation benefits on workers' wages. The benefit structure of workers' compensation causes a fundamental estimation problem. I develop a new strategy to limit the biases inherent in earlier models. I utilize individual-level census data (between 1940 and 1990) to exploit benefit variation that occurs both across states and within the fifty states over time. The results suggest that wage offsets are not constant across time and may be larger for workers at lower-wage levels.



2015 ◽  
Vol 41 (1) ◽  
pp. 190-209 ◽  
Author(s):  
Alexander W. Campbell

As of April 2015, twenty-three states and the District of Columbia permit the therapeutic use of marijuana1 to treat various illnesses or conditions, with legalization statutes currently pending in eight other states. Despite the growing number of states that allow for the prescription and use of medicinal marijuana, the federal government still classifies the drug as a Schedule I controlled substance, the strictest classification of controlled substances and the only type healthcare providers may not legally prescribe. As states continue to deliberate the merits of allowing access to marijuana for therapeutic use, it is useful to examine the structural and political forces that have prevented a similar movement at the federal level. This Note does so, and argues that proactive changes—either legislative or administrative—are necessary to remove the handicap that the current regulatory system places on attempts to change federal marijuana policy.



1984 ◽  
Vol 2 (1) ◽  
pp. 161-173
Author(s):  
J. R. Lucas

“Towards a Theory of Taxation” is a proper theme for an Englishman to take when giving a paper in America. After all it was from the absence of such a theory that the United States derived its existence. The Colonists felt strongly that there should be no taxation without representation, and George III was unable to explain to them convincingly why they should contribute to the cost of their defense. Since that time, understanding has not advanced much. In Britain we still maintain the fiction that taxes are a voluntary gift to the Crown, and taxing statutes are given the Royal Assent with the special formula, “La Reine remercie ses bons sujets, accepte leur benevolence, et ainsi le veult” instead of the simple “La Reine le veult,” and in the United States taxes have regularly been levied on residents of the District of Columbia who until recently had no representation in Congress, and by the State of New York on those who worked but did not reside in the State, and so did not have a vote. Taxes are regularly levied, in America as elsewhere, on those who have no say on whether they should be levied or how they should be spent. I am taxed by the Federal Government on my American earnings and by state governments on my American spending, but I should be hard put to it to make out that it was unjust. Florida is wondering whether to follow California in taxing multinational corporations on their world-wide earnings.



2000 ◽  
Vol 5 (1) ◽  
pp. 7-7, 12
Author(s):  
Christopher R. Brigham ◽  
James B. Talmage

Abstract Workers’ compensation in Canada is a legislated system of social insurance that is funded by assessments levied on employers. Thirteen established Workers’ Compensation Board (WCB) systems have regional jurisdiction and responsibility for administering and adjudicating compensation for the injured worker. Disability awards for certain injuries are determined by statute; others are determined using an acceptable reference or impairment schedule such as the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides). On August 22, 1960, Dr D. E. Bell presented to the Association of Workers’ Compensation Boards of Canada an impairment rating schedule to represent the loss of earning capacity and fulfill the spirit of workers’ compensation. Dr Bell's schedule has served as the basis for many Canadian WCB Primary Rating Schedules. Most jurisdictions refer to the AMA Guides in instances when the primary schedule is inadequate. A table in this article lists the current primary and secondary schedules for assessment of impairment in Canada; another table shows the differences in the ratings between Dr Bell's schedule and the AMA Guides. The AMA Guides is used principally only in Yukon and Prince Edward Island and is used for impairment estimations of more complicated injuries in all regions but Quebec.



1986 ◽  
Vol 12 (2) ◽  
pp. 273-303
Author(s):  
Jordan Yospe

AbstractUnder most workers' compensation statutes, an injury must “arise out of” and “in the course of” employment in order to qualify as a compensable disability. In U.S. Industries v. Director, the Supreme Court held that the Longshoremen's and Harbor Workers' Compensation Act must be strictly construed to avoid transforming the compensation system into a form of social insurance. In U.S. Industries, the Court denied a disability claim based on an arthritic condition which was manifested while the worker was at home in bed. This Note contends that the Supreme Court neglected to consider pertinent medical realities when analyzing the causation question. Thus, the decision undermines the overall rationale behind workers' compensation legislation. Nonetheless, the Note argues that the case does not relax the requirement of adequately scrutinizing the causative elements underlying any reasonable claim for disability benefits. An analysis adequately accommodating both medical and legal facts, instead of relying upon the vagaries of statutory interpretation, is necessary to improve the efficiency and fairness of workers' compensation disability determinations.



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