Shifts in Compensating Work-Related Injuries and Diseases by Saskia Klosse, Ton Hartlief, Esther F. D. Engelhard, Renaat

By Saskia Klosse, Ton Hartlief, Esther F. D. Engelhard, Renaat I. R. Hoop, Niels J. Philipsen

This ebook examines the advancements in reimbursement structures for harm coming up from work-related accidents and ailments. it truly is encouraged via advancements mirroring shifts within the criminal foundation for compensating harm from civil legislations to public investment and vice versa. The shifts that have happened during this zone in Germany, England, Belgium and the Netherlands are the topic of this quantity.

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This booklet examines the advancements in repayment structures for harm bobbing up from work-related accidents and ailments. it really is encouraged by means of advancements mirroring shifts within the criminal foundation for compensating harm from civil legislations to public investment and vice versa. The shifts that have happened during this region in Germany, England, Belgium and the Netherlands are the topic of this quantity.

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Cf. D. Carr (supra fn. 11), 417–422. G. Hanes (supra fn. 7), 21 strongly criticizes this socalled Employers’ Liability Act 1880, as it curtailed the defence of common employment only in five specified sets of circumstances where the worker was injured by a negligent act of a foreman. The Act also limited the defence of Volenti non fit injuria in the sense that this would no longer be satisfied by the mere fact of being in service and is published as an Appendix in his work (supra fn. 7), 109 et seq.

P. Cohen (supra fn. 7), 215. See for German law below, no. 63. For instance it prescribed that the employer had to keep an accident book of the particulars of the accident and that claims for compensation needed to be settled by either mutual agreement or arbitration, see P. Cohen (supra fn. 7), 234 et seq. Only after World War II, in 1918, the Workmen’s Compensation (Silicosis) Act was passed, which offered a separate right to compensation, outside of the 1897 Act. See P. Cohen (supra fn. 7), 199 and more extensively on this J.

Consequential to (b) was that it still forced workers to embark on costly adversarial procedures against their employer with the risk of losing. 5 From No-Fault Liability to Public Insurance? 70 The National Insurance Act 1911, often referred to as the National Health Insurance Act, introduced social insurance for all kinds of health and welfare benefits, such as (free) medical aid and sickness benefits. g. whether due to a misfortunate fall on a skiing trip or a bad flue). Different from the employers’ liability insurance, National Insurance had a mandatory public law character.

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