The effort to rehabilitate workers' compensation

Area of Science:

• Social Insurance Law
• Occupational Health

Background:

• State workers' compensation laws are under increasing pressure for reform due to dissatisfaction with benefit levels and program coverage.
• Current challenges stem from inadequate support for disabled workers and their survivors.
• Potential reforms range from simple adjustments to complete system redesign.

Purpose of the Study:

• To analyze the current state of workers' compensation laws and the pressures for change.
• To identify potential areas that could lead to significant structural shifts in the system.
• To assess the impact of occupational diseases on the workers' compensation framework.

Main Methods:

• Analysis of existing state workers' compensation laws.
• Review of criticisms and pressures for reform.
• Examination of the potential impact of occupational disease claims.

Main Results:

• While widespread criticism exists, major structural changes to workers' compensation are unlikely in the near future due to factors like public apathy and interest group influence.
• The system currently compensates only a small fraction of serious occupational disease cases.
• Exclusion of individuals disabled or killed by occupational diseases could pose a significant threat to the existing workers' compensation framework.

Conclusions:

• Workers' compensation laws can likely be reformed within the existing framework, addressing benefit and coverage issues.
• A significant undercounting or exclusion of occupational disease cases represents a critical vulnerability.
• Failure to adequately address occupational disease claims could lead to substantial legislative and public interest, potentially forcing major system overhauls.