The Lack of Correspondence Between Work-Related Disability and Receipt of Workers’ Compensation Benefits

American Journal of Industrial Medicine, Vol. 55, No. 6, pp. 487-505, June 2012

Northeastern University School of Law Research Paper No. 111-2012

Posted: 25 Sep 2012  

Emily A. Spieler

Northeastern University - School of Law

John F. Burton, Jr.

Rutgers University - School of Management and Labor Relations

Date Written: September 25, 2012

Abstract

This paper reviews previous studies examining receipt of workers’ compensation benefits and data from surveys of people with disabilities. The evidence shows that a very substantial proportion of persons with work-related disabilities do not receive workers’ compensation benefits. The obstacles to compensation include the definitional structure of workers’ compensation statutes, barriers that discourage workers from filing legitimate claims, increasingly restrictive rules for compensability and higher procedural hurdles that have evolved in recent years in many state workers’ compensation programs. The solutions to this problem, such as providing healthcare to workers regardless of the source of injuries or diseases, are complicated and controversial.

Suggested Citation

Spieler, Emily A. and Burton, Jr., John F., The Lack of Correspondence Between Work-Related Disability and Receipt of Workers’ Compensation Benefits (September 25, 2012). American Journal of Industrial Medicine, Vol. 55, No. 6, pp. 487-505, June 2012; Northeastern University School of Law Research Paper No. 111-2012. Available at SSRN: https://ssrn.com/abstract=2151879

Emily Spieler (Contact Author)

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

John F. Burton

Rutgers University - School of Management and Labor Relations ( email )

56 Primrose Circle
Princeton, NJ 08540
United States
732-274-0600 (Phone)
732-274-0678 (Fax)

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