Employers' Liability and Workers' Compensation

Transcription

1 Brochure More information from Employers' Liability and Workers' Compensation Description: This large-scale comparative study analyses the two principal mechanisms employed in modern legal systems to deal with the social problem of occupational illness and injury, namely, employers' liability and workers' compensation. It provides a detailed description of the systems in operation in twelve countries around the world, investigating the complex legal structures and the interaction with other social institutions, as well as their inter-jurisdictional coordination through private international law. Current international trends are identified and assessed and the fundamental political issues highlighted and explored. The study's ultimate goals are not only descriptive but also to answer the question of how compensation and liability systems can best be adapted to meet society's needs in the 21st century. The book is completed by three concluding essays that address general themes: - Thomas Thiede, The European Coordination of Employers' Liability and Workers' Compensation - Ken Oliphant, The Changing Landscape of Work Injury Claims: Challenges for Employers' Liability and Workers' Compensation - Gerhard Wagner, New Perspectives on Employers' Liability - Basic Policy Issues Contents: Preface List of Contributors Introduction Mark Lunney Employers' Liability and Workers' Compensation: Australia I. Introduction A. Basic system of compensation and liability B. Interaction with other institutions C. Empirical evidence II. Workers' Compensation A. Scope of cover 1. When can workers' compensation be claimed? 2. Spatial and temporal dimensions of course of employment.. B. Compensation trigger D. Heads and levels of benefit 1. Medical care 2. Rehabilitation assistance 3. Lost earnings 4. Non-pecuniary losses 5. Dependents' benefits 6. Comparison with damages in tort 7. Lump sum or periodical payments? E. Funding systems

2 1. Types of system 2. Contribution to the workers' compensation fund 3. Incentives F. Administration and adjudication of claims 1. Organisational framework of workers' compensation institutions 2. Who decides claims for benefits 3. Reviews and appeals: special tribunals or general civil justice system? 4. Speed of claims' resolution and administrative costs G. Rights of recourse of workers' compensation institutions 1. Recourse against employer 2. Recourse against a co-worker 3. Recourse against third parties H. Interaction with general social welfare provision and private insurance 1. Fund of first resort? 2. Deductibility of benefits 3. Recourse of social welfare agencies, social health insurance, private health insurers against workers' compensation institutions I. Interaction with employers' liability 1. Availability of damages in addition to workers' compensation benefits 2. Deductibility of benefits provided by workers' compensation in action against employer 3. Subrogation of workers' compensation into the claim of worker against employer III. Employers' Liability A. Classification 1. Contract or tort? 2. General law or a special category B. Elements of liability 1. Liability of employers for their own acts or omissions 2. Liability of employers for the acts or omissions of their employees and others 3. Relevance of health and safety legislation in establishing liability 4. Overall a fault-based or strict liability system 5. Causation 6. Effect of victim's contributory conduct D. Heads and levels of damages 1. Same level as in other cases of personal injury 2. Heads of recoverable damage 3. Costs of medical care 4. Costs of rehabilitation assistance 5. Lost earnings, loss of earning capacity, and loss of pension entitlements 6. Non-pecuniary loss 7. Dependents 8. Form of payment E. Administration of claims 1. Courts or specialised tribunals 2. General civil procedure or special procedures? 3. Reviews and appeals 4. Speed of claims' resolution and administrative costs F. Rights of recourse 1. Against other employees or their liability insurer? 2. Against third parties

3 G. Interaction with social welfare systems and private insurance 1. Deductibility of benefits received from social welfare agencies 2. Recourse of social welfare agencies and private insurers against the employer H. Insurance 1. Voluntary or mandatory? 2. General liability insurance or special policy 3. Basic principles of employers' liability insurance IV. Evaluation and Conclusions A. Compensation B. Prevention C. Overall costs D. Interaction between workers' compensation and private law E. Plans for reform F. Overall quality of each system independently and in combination - Ernst Karner and Felix Kernbichler - Employers' Liability and Workers' Compensation: Austria I. Introduction A. Basic system of compensation and liability 1. Historical development 2. Basic system 3. Relation to private law remedies B. Interaction with other institutions C. Empirical evidence II. Workers' Compensation A. Scope of cover 1. Protected sphere of life 2. Attribution B. Compensation trigger 1. Personal injury 2. Sexual harassment 3. Dignitary injuries 4. Property damage and pure economic loss D. Heads and levels of benefit 1. Benefits in kind 2. Cash benefits E. Funding systems 1. Funding through contributions 2. Financial equalisation (Finanzausgleich) F. Administration and adjudication of claims G. Rights of recourse of workers' compensation institutions 1. General 2. Recourse against the employer

4 3. Recourse against a colleague? 4. Recourse against third parties H. Interaction with general social welfare provision and private insurance 1. Relationship between health and accident insurance 2. Relationship between Social Insurance and Minimum Insurance I. Interaction with employers' liability III. Employers' Liability A. Classification 1. General tortious fault-based and the employer's liability privilege 2. Work accidents caused by vehicles for which there is enhanced liability B. Elements of liability 1. Fault-based liability 2. Strict liability 3. Liability for risks without fault D. Heads and levels of damages 1. Personal injuries 2. Material damages E. Administration of claims F. Rights of recourse G. Interaction with social welfare systems and private insurance H. Insurance IV. Evaluation and Conclusions A. Compensation B. Prevention C. Overall costs D. Interaction between workers' compensation and private law E. Plans for reform F. Overall quality of each system independently and in combination - Vibe Ulfbeck - Employers' Liability and Workers' Compensation: Denmark I. Introduction A. Basic system of compensation and liability B. Interaction with other institutions C. Empirical evidence II. Workers' Compensation A. Scope of cover B. Compensation trigger

5 D. Heads and levels of benefit E. Funding systems F. Administration and adjudication of claims G. Rights of recourse of workers' compensation institutions H. Interaction with general social welfare provision and private insurance I. Interaction with employers' liability III. Employers' Liability A. Classification B. Elements of liability D. Heads and levels of damages E. Administration of claims F. Rights of recourse G. Interaction with social welfare systems and private insurance H. Insurance IV. Evaluation and Conclusions A. Compensation B. Prevention C. Overall costs D. Interaction between workers' compensation and private law E. Plans for reform F. Overall quality of each system independently and in combination - Richard Lewis - Employers' Liability and Workers' Compensation: England and Wales I. Introduction A. The basic system of compensation and liability 1. Tort 2. Workers' compensation 3. Why preferential compensation for workers? B. Interaction with other institutions C. Empirical evidence II. Workers' Compensation A. Scope of cover 1. Workers covered

6 2. Spatial, temporal and other limitations 3. Effect of the victim's contributory negligence B. Compensation trigger 1. Accidents 2. Disease 1. Personal injury 2. Other than personal injury D. Heads and levels of benefit 1. Assessment 2. Rate of payment 3. Comparison of the industrial injuries pension with damages intort E. Funding systems F. Administration and adjudication of claims 1. Claims and appeals 2. Tribunals not courts 3. Administrative cost G. Right of recourse of workers' compensation institutions 1. Rights of recourse against the employer 2. Rights of recourse against a co-worker or third party H. Interaction with general social welfare provision and private insurance 1. The sources of funding 2. Deductibility of benefits I. Interaction with employers' liability III. Employers' Liability A. Classification B. Elements of liability 1. Vicarious liability 2. Breach of common law duty 3. Breach of statutory duty 4. Effect of the victim's contributory conduct 1. Accidents and disease 2. Personal injury 3. Other than personal injury D. Heads and levels of damages E. Administration of claims 1. Number and cost of claims 2. Insurers and the administration of the tort system 3. The speed of settlement 4. The administrative cost of tort F. Rights of recourse 1. Rights of recourse against other employees 2. Rights of recourse against third parties G. Interaction with social welfare systems and private insurance 1. Recourse of social security agency against the employer 2. Reducing damages to take account of the benefits paid

7 3. Recovering the cost of National Health Service treatment H. Insurance 1. The scope of compulsory insurance 2. Policy limits and insurance triggers 3. Apportionment IV. Evaluation and Conclusions A. Compensation 1. Scope of each scheme 2. Amount and purpose of compensation 3. Fault and no-fault B. Prevention C. Overall costs D. Interaction between workers' compensation and private law E. Plans for reform F. Overall quality of each system independently and in combination - Florence G'sell and Isabelle Veillard - Employers' Liability and Workers' Compensation: France I. Introduction A. Basic system of compensation and liability B. Interaction with other institutions C. Empirical evidence II. Workers' Compensation A. Scope of cover 1. Workers covered 2. Spatial, temporal and other limitations 3. Effects of the victim's contributory conduct B. Compensation trigger 1. Accidents 2. Diseases 1. Personal injury 2. Pure economic loss 3. Property damage 4. Sexual harassment D. Heads and levels of benefit 1. Medical care and rehabilitation assistance 2. Lost earnings 3. Dependents' benefits 4. Comparison with damages in tort 5. Lump sum or periodical payments? E. Funding systems F. Administration and adjudication of claims 1. Accident 2. Disease

8 3. Litigation 4. Speed of claims' resolution and administrative costs G. Rights of recourse of workers' compensation institutions 1. Recourse of workers' compensation institutions against employers 2. Recourse of workers' compensation institutions against co- employees 3. Recourse of workers' compensation institutions against third parties H. Interaction with general social welfare provision and private insurance 1. Fund of first resort 2. Deductibility of benefits 3. Recourse of social welfare agencies, social health insurance, private health insurers, etc, against workers' compensation institutions? I. Interaction with employers' liability 1. Availability of damages in addition to workers' compensation benefits? 2. Deductibility of benefits provided by workers' compensation institutions from claim against employer (collateral source rule) 3. Subrogation of workers' compensation institutions into the claim of workers against employer III. Employers' Liability A. Classification 1. Inexcusable negligence (art L Social Security Code, CSS) 2. Wilful misconduct (art L CSS) 3. Liability of a third party (art L CSS) 4. Traffic accident 5. Criminal offence B. Elements of liability 1. Liability of employers for their own acts or omissions 2. Liability of employers for the acts or omissions of their employees and others (the scope of vicarious liability; the effect of any common employment' exclusionary rule) II. Recognition issues ( naming problems') A. Issues for Workers' Compensation 1. An accident preference 2. Disease 3. Mental illness 4. Harassment and discrimination B. Issues for employers' liability 1. An accident preference 2. Disease 3. Mental illness 4. Harassment and discrimination III. Attribution issues ( blaming problems') A. Issues for employers' liability 1. A violation of the required standard of care 2. Causation 3. Time limits (prescription) 4. Insurance 5. The risk of insolvency B. Issues for workers' compensation IV. Challenges for Employers' Liability and Workers' Compensation A. Introduction B. Challenges for Workers' Compensation

9 C. Challenges for Employers' Liability D. Coordination of the two systems V. Conclusion - Gerhard Wagner - New Perspectives on Employers' Liability Basic Policy Issues I. Introduction II. Systems of Workers' Compensation: Basic Features A. Compensation regardless of fault of employer and contributory fault of employee B. Insurance or collectivisation of claims D. Limited compensation, simplified assessment E. Resolution of disputes out of court F. Immunity of employers from damages suits III. Employers' Liability: Basic Features A. Bases of liability B. Central features of private liability regimes C. Thresholds for establishing civil liability IV. The Revival of Employers' Liability A. Against the industrial preference B. The promise of social security C. The failure of social security D. Conclusion V. Functional Analysis A. Compensation 1. Needs-based interpretation of the compensation goal 2. Corrective justice interpretation of the compensation goal.. B. Deterrence 1. Strict liability vs fault-based liability 2. Insuring against liability 3. Conclusion C. Administrative Costs D. Conclusion VI. Challenges for Workers' Compensation Systems A. The common root of current challenges

10 B. Inroads into the immunity principle 1. The expansion of aggravated fault 2. The substantive issues: Full income replacement and damages for non-pecuniary losses? 3. The administrative issue: upgrading workers' compensation benefits vs private suits against employers C. Claims against third parties 1. The US experience 2. Explanation 3. Evaluation VII. Final Remarks Index Publications Ordering: Order Online - Order by Fax - using the form below Order by Post - print the order form below and send to Research and Markets, Guinness Centre, Taylors Lane, Dublin 8, Ireland.

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