Posted by Gary Burger on January 18, 2016 in Workers' Compensation
The workers’ compensation unit at Burger Law cares deeply about the workers that it protects. In part, this is because we have an understanding of how the workers’ compensation system fits in with the history of labor relations in the United States.
Historically, workers’ compensation arose as a means to address abuses by employers who used evasive litigation tactics to deny workers’ justice. That practice continues into the present day.
In this article, the author discusses the history of the workers’ compensation system in the United States. In the early 1900’s, labor movement radicals such as Upton Sinclair (famous for being the author of The Jungle) succeeded in arousing the sympathies of the general public to workers that were being mistreated.
Often times, workers were injured on the job and then unable to recover anything because employers would use the delay tactics in the civil litigation process to slow their ability to recover. Because workers’ couldn’t afford attorneys, there was usually nothing they could do.
To address that sympathy and prevent general strikes, employers made a compromise, allowing workers’ to recover compensation for their injuries without having to prove fault. In return, workers waived their right to recover for pain and suffering damages.
Although the workers’ compensation system tries to bridge this gap, I still often see employers acting like they are from the early 1900s and using delay tactics to prevent proper recovery. Addressing these tactics is one of the reasons you need an experienced workers’ compensation attorney like at Burger Law.