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The Great Trade-off in Workers' Compensation: Perceptions of Injustice by Those Experiencing Persistent Pain
John Quintner1, Melanie Galbraith2
1Arthritis & Osteoporosis WA, Shenton Park, Western, Australia, 6008, Australia.
Pain Medicine (Malden, Mass.)
|April 6, 2021
Summary
Workers dissatisfied with compensation systems often experience ongoing pain. Historical German systems, while providing no-fault insurance, excluded compensation for pain and suffering, potentially leading to perceived injustice.
Area of Science:
- Social Sciences
- Legal Studies
- Medical History
Background:
- Claimants with disabling pain often report dissatisfaction with financial compensation systems.
- Understanding these perceptions of injustice is crucial for improving support for injured workers.
Purpose of the Study:
- To explore factors contributing to claimant dissatisfaction with compensation systems.
- To examine the historical development of workers' compensation.
Main Methods:
- Historical review of workers' compensation systems.
- Analysis of the German workers' compensation system's evolution.
Main Results:
- The 19th-century German system introduced no-fault insurance but excluded compensation for pain, humiliation, and loss of social status.
- This trade-off, while influential globally, omitted previously awarded moral damages.
Conclusions:
- The exclusion of non-economic damages in historical compensation systems may contribute to current perceptions of injustice among injured workers with persistent pain.
- Revisiting the historical context of compensation models is essential for addressing claimant dissatisfaction.
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