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New developments in workers' compensation law.
Ann NY Acad Sci 1989 Dec; 572:256-260
The need for a national scheme, built from the ground up, to deal with workers' compensation was discussed. According to the author, the present individual state laws handle occupational diseases poorly, at best. There is a need for a formula determining disability based on impairment, environmental influence, life style influence, hereditary influence, and workplace exposure. There is a need for a formula to prorate the liability among contributing employers. Much of the present reward system is based on subjective as opposed to objective data and once the reward is determined not enough of it reaches the worker. There is a need for more scientific objectivity and less adversarial negotiation. There is a need for more documented exposure, as opposed to assumed exposure. The author suggests that a national board be established with equal representation from labor and industry that would develop and control rules and regulations of workers' compensation for the nation, oversee regional boards, and accept or reject appeals for evaluation of regional board decisions. A discussion of the paper followed.
NIOSH-Publication; Regulations; Worker-health; Occupational-health; Occupational-diseases; Occupational-medicine; Legislation; Industrial-hazards
Annals of the New York Academy of Sciences
Page last reviewed: September 11, 2020
Content source: National Institute for Occupational Safety and Health Education and Information Division