Reply #17: workers comp [View All]

[relaf]

I am not certain what the best system is for these kinds of injuries. It seems that in this law student's opinion that you need a system that compensates workers for either their employers negligence or for the so-called unavoidable loss(aka strict liability). However, for workers who fake it, they shouldn't get squat. Granted, I do not have the stats, I would guess a very small percentage are faking it, but they do create a drain on the system. Also, for negligent workers who get hurt, I don't think they should recover either. For the record, I am not a huge believer in the eggshell skull, I think it is mainly mental and some people need to toughen up. That being said, the system shouldn't restrict what doctor you see, it seems patently unfair to send them to the company doc.

Perhaps the best solution is use the tort system, with strict liability in conjunction with contributory negligence to determine worker's comp, and scrap the whole system. If the company worries about a big verdict, well then there is an incentive to settle(and be less negligent in the future), and frivolous claims, contrary to popular opinion are usually weeded out way before the jury sees them.

Anyway...everyone enjoy your day