Workers compensation has been around for more than a century. It was developed as a grand bargain between labor and employers to ensure that injured workers received appropriate medical care and wage-loss benefits while employers received protections against tort lawsuits arising from workplace injuries.
One of the foremost experts in this line offers his perspective on what changes need to occur in order to keep pace with changing demographics and injury exposures, from bureaucracy and waiting periods to state variations.
The courts have continued to allow exceptions to exclusive remedy and expanded causation standards. Statutory reforms have also resulted in classifications of employees and work conditions that are excluded from workers compensation.