Summary
The U.S. largely relied on tort suits as the remedy for workplace injuries and diseases until the early 20th century, based in large part on the common law principles of English law. An alternative approach relying on insurance arrangements emerged in Germany in the 19th Century. In the U.S., the initial statutory alternative to the common law was Employers’ Liability Acts, which removed some of the defenses available to employers in the common law but still required the worker to prove that the employer was negligence. Employers’ Liability Acts were largely replaced by workers’ compensation statutes in the U.S. in the early 20th century. Workers’ compensation statutes provided cash and medical benefits to workers for workplace injuries even if the employer was not negligent, while largely eliminating the ability of workers to bring tort suits against employers for workplace injuries.
Citation:
C. Arthur Williams and Peter S. Barth, “Historical Development of Workmen’s Compensation,” Chapter 2 in Compendium on Workmen’s Compensation (Washington, DC: National Commission on State Workmen’s Compensation Laws, 1973.)