Workers' Compensation Analysis and Reform: Measuring the Effectiveness of Tort Reform Through Analysis of Workers' Compensation

Abstract

This study investigates workers' compensation schemes in the United States. First and foremost, the work highlights the lack of literature serving as a critical analysis of workers' compensation from the perspective of the working class. This investigation comprises of three key components: a historical analysis, a legal analysis (analysis of statutory provisions, case law, and constitutional law), and a secondary empirical data analysis. In the historical analysis, this investigation examines the remarkable change in the labor force in the United States since the first workers' compensation laws were introduced in 1902. In the legal analysis, this work explores the statutory provisions and case law used to clarify ambiguous statutory provisions. This study primarily focuses on the effectiveness of workers' compensation, the adequacy of the benefits provided, and the goals and intent of the legislation. This investigation draws comparisons between various jurisdictions within the United States, primarily focusing on the 20 most populous states in the country. This investigation also uses a secondary empirical data analysis component in order to attempt to analyze the effectiveness of workers' compensation schemes and occupational safety and health programs with the statistical data available. From the findings of this analysis, this work provides the most important conclusions and recommendations for reforms.