Nine States Observe Workers' Compensation Centennial in 2011, by Thomas A. Robinson

As reported in other blogs, 1911 marks the 100th anniversary of workers' compensation as a statutory framework for providing benefits to workers who sustain industrial injuries within the United States. As noted below, nine states led the initial charge in enacting successful workers' compensation acts during 1911. I say "successful" because two other states--New York and Nevada--also enacted basic workers' compensation frameworks during 1911, but they were either declared unconstitutional (New York) or repealed (Nevada).

While the early state workers' compensation acts did not generally provide complete or even comprehensive benefits for lost wages and medical care associated with work-related injuries, the early acts were important in that they established what has become known as the "workers' compensation bargain" where, on the one hand, employers gave up basic common law defenses--e.g., assumption of the risk and contributory negligence--and became liable for work-related injuries without any determination of fault and, on the other hand, workers gave up the right to sue in tort to recover for pain and suffering [for a complete discussion of the origins of workers' compensation within the United States, see Larson's Workers' Compensation Law, ("Larson") Ch. 2, § 2.07].

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Larson's Spotlight reports noteworthy workers' comp cases each week. This list was compiled by Thomas A. Robinson, a staff writer for Larson's Workers' Compensation Law, the nation's leading authority on workers' compensation law. 

 

 

 

 > Read the summaries & court decisions.

 

1. MT High Court Affirms Award to Worker Mauled by Grizzly Bear in Spite of Worker's Marijuana Use

 

2. FL: Judge of Compensation Claims Appropriately Used Statute to Award $684 Attorney Fee to Worker's Counsel In Spite of Judge's Statement that $25,000 Fee Would Have Been Reasonable

 

3. GA: Employer Must Provide Wheelchair-Accessible Home for Injured Worker, But It May Retain Fee Simple Title to Property

 

4. WI: Court Finds Employer's Explanation of Post-Injury Firing of Worker Pretextual

 

5. LA: Inmate in Work-Release Program May Not Recover Lost Wages Related to a Work-Related Injury