American Workers' Compensation Law Turns 100 (Ahoy!)

Pirates in the 18th century looking to protect their employees (scurvy mates) from a loss of income (booty) as a result of job-related injuries (there were many) instituted the precursor to modern day workers’ compensation laws.

Bear with us, here.

For example, a pirate injured on the job would be compensated well. The loss of a limb paid 500 pieces of eight. The loss of an eye paid the victim 100 pieces of eight per eye. There were no death benefits paid, unfortunately.

Modern day workers’ compensation lawyers look to protect employees injured on their job from a loss of income, as well.

In 1881, Germany's Chancellor Otto von Bismarck introduced a system to compensate injured employees who were harmed on the job. The idea took much longer to gain acceptance in the United States. There were a number of early states that enacted workers' comp laws, but they were repealed by the courts. 

A century ago in 1911, Wisconsin drafted and enacted the nation’s first workers' compensation law that withstood various legal challenges.

By 1917, the U.S. Supreme Court decided three cases upholding various aspects of workers' compensation laws, including stipulations that made insurance compulsory for business owners and provided for death benefits for dependents of workers killed on the job.

By 1920, 42 states had workers' comp laws. The Connecticut Workers' Compensation Act was first enacted in 1913.

One thing the laws had in common was a great compromise between employees and employers. Workers' compensation insurance, paid for by the employer, provides lost wage payments, medical benefits and disability claims for employees who are injured in the course of their employment. But the injured employee or survivors surrender the right to sue the employer for negligence. There are limited exceptions.

In certain instances, in addition to a workers' compensation claim, an injured employee can seek compensation for his or her injuries and resulting damages against a third party who caused the injury, so long as it is not an employer or a fellow employee. The  damages as a result of a third party lawsuit are not restricted by the compensation limitations of our workers' compensation statutes.

By way of example, you could have a third party claim against a driver who negligently caused an accident whereby you were injured while you  were driving in the course of your work-related duties. In this instance, you could have a claim against your employer  for workers' compensation benefits and a separate claim against the responsible driver who negligently cause your injuries.

Rarely do we think of pirates as being progressives in the arena of an individuals’ rights. But the pirate society of old was, shall we say, very high risk. Laws are an extension of society, protecting that which society deems valuable -- thankfully, we have come a long way since the days of 100 pieces of eight for a lost eye. 

Modern workers' compensation laws, by offering compensation benefits and potential third party claims, entitles injured employees or their surviving dependants to seek redress for their losses.

Richard P. Hastings is a Connecticut personal injury lawyer at Hastings, Cohan & Walsh, LLP, with offices throughout the state.  He has been named a Connecticut Super Lawyer and is the author of the books: "The Crash Course on Child Injury Claims"; "The Crash Course on Personal Injury Claims in Connecticut"; and "The Crash Course on Motorcycle Accidents."  He can be reached at 1(888)CTLAW-00 or by visiting www.hcwlaw.com.