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Reexamining workers' compensation: a human rights perspective.

Leslie I Boden¹

¹Department of Environmental Health, Boston University School of Public Health, Massachusetts, USA. lboden@bu.edu

American Journal of Industrial Medicine

|May 10, 2012

Summary

Workers' compensation systems often fail injured workers, providing inadequate benefits and creating stressful experiences. A human rights approach is proposed to ensure dignity and economic security for these workers.

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Area of Science:

Occupational health
Socioeconomics
Public policy

Background:

Injured workers frequently encounter significant challenges within workers' compensation systems, including difficulty accessing benefits and receiving inadequate compensation, particularly for severe injuries.
Over the past two decades, workers' compensation protections have diminished due to increased barriers to benefit receipt, leading to more difficult and demeaning experiences for injured individuals.
The political discourse surrounding workers' compensation has been dominated by free market principles, employer costs, and concerns about worker fraud, overshadowing the needs of injured workers.

Discussion:

The current workers' compensation framework is criticized for being stressful, demeaning, and failing to provide adequate support for injured workers.
Erosion of protections and increased barriers have exacerbated the negative experiences of injured workers seeking benefits.
The dominant political framing emphasizes economic factors over the human impact on injured workers and their families.

Key Insights:

Workers' compensation systems often result in inadequate benefits and stressful, demeaning experiences for injured workers.
There has been a significant erosion of protections within workers' compensation over the last 20 years.
A human rights framework offers an alternative perspective, prioritizing the dignity and economic security of injured workers.

Outlook:

Advocating for a human rights approach to workers' compensation can reframe the debate towards valuing injured workers' well-being.
Implementing policies centered on a human rights framework could improve the adequacy of benefits and the overall experience for injured workers.
Future research should explore the practical application and impact of a human rights-based model in workers' compensation systems.