Industrial Accidents in the United States

Author(s):  
Ethelbert Stewart
Author(s):  
Michael K. Rosenow

This chapter examines the politics of death regarding industrial accidents in the United States during the period 1865–1919. More specifically, it investigates how ideas about the body—and the classed, raced, and gendered meanings mapped to it—facilitated the industrial accident crisis and impacted workers' experiences with death. The chapter first provides an overview of corporeality and the industrial imperative during the Industrial Revolution, along with the triumph of the machine and of individualism that came with industrialization. It then establishes the broader social and cultural contexts that shaped interpretations of workers' deaths resulting from work accidents. It shows that cultures of order and progress, cultures of work, and cultures of reform and protest motivated working people to use the space of death to reflect on the meanings of their lives and deaths.


Lex Russica ◽  
2020 ◽  
pp. 139-147
Author(s):  
O. V. Kolesnichenko

The purpose of the study is to determine the prospects for improving the special system of compensation for harm caused to the employee’s health as a result of accidents at work and occupational diseases in Russia based on the experience of legal regulation and development of such a system in the United States. The choice of the United States is determined by the specifics of regulation and the use of special systems for compensation for industrial damage in this country, which combines the best practices in this field in the world, as well as experimental approaches. The author substantiates the thesis about the compensatory nature of compulsory insurance for the industrial harm risks. It is noted that the national legislator should implement the approach in which the list of legally significant circumstances established for receiving insurance payments under this type of insurance includes only the fact of harm, its size and the fact of the origin of harm from the sphere of production or from industrial (professional) risks. In case of loss of earning capacity, it is important to adhere to a single method of assessing harm to health in terms of lost earnings (income), based either on the loss of ability to work, or on the projected or actual losses of the injured person, which is customary when applying depreciation methods, future losses and actual losses in the United States. At the same time, the method of future or actual losses in the future can be used in Russia for the injured persons returning to work. It is determined that it is advisable to compensate for industrial harm in terms of expenses for medical, social and professional rehabilitation of the injured person, which will free the judicial practice from disputes regarding the validity of providing specific types of assistance and care, as well as the need for them for the injured person.


2021 ◽  
pp. 215-230
Author(s):  
Jacek Partyka

The article examines the ways in which American Objectivist poet Charles Reznikoff (1894–1976) rewrites and compiles excerpts from US archival legal records in his epic-like Testimony. The United States (1885–1915): Recitative (published from 1965 to 1978) so as to represent the social and economic changes, particularly within the context of industrial accidents and child labor, during the late phase of the Industrial Revolution in America. As is argued, the poet’s often uncritically accepted assertion that in his ‘recitatives’ he engages with depositions of authentic witnesses given in a court of law in an unbiased, objective manner is not confirmed either in close reading or in the juxtaposition of particular fragments of the book with the original documentary material on which they are based.


Author(s):  
Matt Hlinak

Thirty-five years ago, the late Arthur Larson of Duke University, the pre-eminent workers’ compensation scholar in the United States, argued that states should adopt a new compensability regime. In place of the widely-adopted increased-risk doctrine, Larson lobbied for the positional-risk doctrine, under which virtually all injuries occurring “in the course of” the employment are deemed compensable. Despite Larson’s stature and eloquence, however, states have not heeded his call for change, and with good reason. First, the positional-risk doctrine ignores the “arising out of” component of the statutory language. Additionally, the positional-risk doctrine inefficiently allocates liability for industrial accidents. Finally, the exceptions to the increased risk doctrine are not significant enough to warrant a new rule. Courts should recognize that newer is not always better and continue to apply the increased-risk doctrine.


1969 ◽  
Vol 43 (4) ◽  
pp. 452-475 ◽  
Author(s):  
Robert Asher

Of all business-supported reform in the early twentieth century, none was more significant or widely accepted than workmen's compensation for industrial accidents. Using the experience of Massachusetts as a case study, Mr. Asher reveals the unique consensus of management and labor which produced “the first victory for the idea of the modern welfare state in the United States.”


2019 ◽  
Author(s):  
Christopher Davis ◽  
Tracey A. Cushing

There are multiple types of electrical injuries, which vary according to the type of electricity (alternating current or direct current) and the mechanism of contact. Electrical injuries caused by contact with alternating current are more commonly encountered in the household setting, while direct current is found in industrial accidents. Lightning injuries are rare in the United States but are much more common in developing countries due to a lack of access to infrastructure and more agrarian economies. This review includes an overview, assessment and stabilization, diagnosis, treatment and disposition, and outcomes for each of these types of injury.  This review contains 2 figures, 18 tables, and 68 references. Keywords: Lightning, electrical injury, burn, voltage, alternating current, direct current, conducted electrical weapon, TASER, arrhythmia, cardiac arrest, myonecrosis, rhabdomyolysis


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