Brief History of Workers Comp Laws

Read­ing Time: 5 min­utes

Work­ers’ Comp Laws is a work in work-in-progress set of laws. Every decade there have been improve­ments in mak­ing the sys­tem work effi­cient­ly and help get the injured work­er back to work.

How­ev­er, the devel­op­ment of this law, vary­ing in 50 states is quite interesting.

Otto vonBismarck

Otto von Bis­mar­ck, the Chan­cel­lor of the Ger­man Empire, intro­duced the first mod­ern work­ers’ com­pen­sa­tion law in 1884. The law, known as the Acci­dent Insur­ance Law, pro­vid­ed ben­e­fits to work­ers who were injured or killed on the job. The law was a major step for­ward in pro­tect­ing work­ers’ rights and ensur­ing that they were com­pen­sat­ed for their injuries.

Bis­mar­ck­’s law was based on the prin­ci­ple of social insur­ance, which holds that the gov­ern­ment has a respon­si­bil­i­ty to pro­vide for the wel­fare of its cit­i­zens. The law was also moti­vat­ed by a desire to head off the grow­ing social­ist move­ment in Ger­many. By pro­vid­ing work­ers with finan­cial assis­tance, Bis­mar­ck hoped to reduce their reliance on unions and social­ist parties.

Bis­mar­ck­’s law was a suc­cess, and it was soon adopt­ed by oth­er coun­tries around the world. Today, work­ers’ com­pen­sa­tion laws are in place in every state in the Unit­ed States. These laws pro­vide impor­tant ben­e­fits to work­ers who are injured or killed on the job, and they help to ensure that work­ers are able to recov­er from their injuries and return to work.

Bis­mar­ck­’s lega­cy in the field of work­ers’ com­pen­sa­tion is sig­nif­i­cant. He was the first leader to rec­og­nize the impor­tance of pro­vid­ing finan­cial assis­tance to work­ers who were injured on the job. His law was a major step for­ward in pro­tect­ing work­ers’ rights and ensur­ing that they were com­pen­sat­ed for their injuries.

Introduction of Workers Comp Laws in United States

Work­ers’ com­pen­sa­tion laws in the Unit­ed States have evolved over time to pro­vide pro­tec­tion and ben­e­fits to employ­ees who suf­fer work-relat­ed injuries or ill­ness­es. Here is a brief his­to­ry of work­ers’ com­pen­sa­tion laws in the USA:

  1. Ear­ly Com­mon Law (pre-20th cen­tu­ry): Before the intro­duc­tion of work­ers’ com­pen­sa­tion laws, injured work­ers had to file law­suits against their employ­ers to seek com­pen­sa­tion for work­place injuries. These cas­es were based on com­mon law prin­ci­ples and required the injured work­er to prove that the employ­er was negligent.
  2. Employ­er Lia­bil­i­ty Laws: In the late 19th cen­tu­ry, sev­er­al states enact­ed employ­er lia­bil­i­ty laws. These laws allowed work­ers to sue their employ­ers for dam­ages caused by unsafe work­ing con­di­tions, but the bur­den of proof was still on the work­er to demon­strate employ­er negligence.
  3. Intro­duc­tion of Work­ers’ Com­pen­sa­tion: The mod­ern work­ers’ com­pen­sa­tion sys­tem orig­i­nat­ed in the ear­ly 20th cen­tu­ry. In 1908, the first state-lev­el work­ers’ com­pen­sa­tion law was enact­ed in Wis­con­sin. This law pro­vid­ed a no-fault sys­tem where injured work­ers could receive com­pen­sa­tion for med­ical expens­es and lost wages with­out hav­ing to prove employ­er neg­li­gence. The Wis­con­sin Work­ers’ Com­pen­sa­tion Act was a suc­cess, and it was soon adopt­ed by oth­er states.
  4. Fed­er­al Work­ers’ Com­pen­sa­tion: In 1916, the Fed­er­al Employ­ees’ Com­pen­sa­tion Act (FECA) was passed, estab­lish­ing a work­ers’ com­pen­sa­tion pro­gram for fed­er­al employ­ees. FECA pro­vides ben­e­fits sim­i­lar to state work­ers’ com­pen­sa­tion laws for fed­er­al work­ers who suf­fer job-relat­ed injuries or illnesses.
  5. Expan­sion and Adop­tion by Oth­er States: Fol­low­ing Wis­con­sin’s lead, oth­er states start­ed enact­ing their own work­ers’ com­pen­sa­tion laws. By 1921, all but six states had imple­ment­ed work­ers’ com­pen­sa­tion sys­tems. These laws var­ied from state to state, but they gen­er­al­ly pro­vid­ed med­ical ben­e­fits, wage replace­ment, and reha­bil­i­ta­tion ser­vices to injured work­ers.
  6. Social Secu­ri­ty Act of 1935: The Social Secu­ri­ty Act includ­ed pro­vi­sions for work­ers’ com­pen­sa­tion as well. It man­dat­ed that states devel­op and main­tain work­ers’ com­pen­sa­tion pro­grams that met cer­tain min­i­mum require­ments. The Act encour­aged uni­for­mi­ty and the pro­tec­tion of work­ers’ rights across dif­fer­ent states.
  7. Fifty States of Com­pen­sa­tion: By 1949, every state had enact­ed a work­ers’ com­pen­sa­tion law. These laws pro­vide impor­tant ben­e­fits to work­ers who are injured or killed on the job, and they help to ensure that work­ers are able to recov­er from their injuries and return to work.
  8. Fifty Shades of Gray: It’s impor­tant to note that work­ers’ com­pen­sa­tion laws can vary sig­nif­i­cant­ly from state to state, as they are pri­mar­i­ly reg­u­lat­ed at the state lev­el. There­fore, the spe­cif­ic details and pro­vi­sions of work­ers’ com­pen­sa­tion laws may dif­fer depend­ing on the jurisdiction.
  9. Fifty Boards of Com­pen­sa­tion: Work­ers’ com­pen­sa­tion laws are reg­u­lat­ed at the state lev­el. This means that each state has its own require­ments, exemp­tions, and penal­ties. For exam­ple, some states require all employ­ers to car­ry work­ers’ com­pen­sa­tion insur­ance, while oth­er states only require employ­ers with a cer­tain num­ber of employ­ees to car­ry insur­ance. Some states also have dif­fer­ent require­ments for what types of injuries are cov­ered by work­ers’ compensation.

Ongoing Reforms

Over the years, work­ers’ com­pen­sa­tion laws have been sub­ject to ongo­ing reforms at the state lev­el. These reforms aim to address a wide range of crit­i­cal issues relat­ed to ben­e­fit lev­els, eli­gi­bil­i­ty cri­te­ria, med­ical treat­ment guide­lines, and cost con­tain­ment mea­sures, among oth­er aspects. 

It is through such com­pre­hen­sive reforms that these laws strive to offer bet­ter pro­tec­tion and sup­port for employ­ees who suf­fer work-relat­ed injuries or ill­ness­es. As work­places con­tin­ue to evolve and adapt to new chal­lenges, the nature of work itself has under­gone sig­nif­i­cant transformations. 

This has neces­si­tat­ed changes in work­ers’ com­pen­sa­tion laws to appro­pri­ate­ly address emerg­ing issues. 

For exam­ple, these reforms have tak­en into account the recog­ni­tion of occu­pa­tion­al dis­eases, ensur­ing that employ­ees are ade­quate­ly com­pen­sat­ed and sup­port­ed in such circumstances. 

Men­tal health con­di­tions have also deserved­ly come to the fore­front, prompt­ing reforms to bet­ter address the unique needs of indi­vid­u­als expe­ri­enc­ing work-relat­ed psy­cho­log­i­cal challenges. 

Ongo­ing reforms in work­ers’ com­pen­sa­tion laws are a result of a num­ber of fac­tors, including:

  • The ris­ing cost of work­ers’ com­pen­sa­tion: The cost of work­ers’ com­pen­sa­tion has been ris­ing steadi­ly in recent years, putting a strain on employ­ers and insur­ance com­pa­nies. This has led to calls for reforms that would reduce the cost of work­ers’ com­pen­sa­tion, while still pro­vid­ing ade­quate ben­e­fits to injured workers.
  • Changes in the nature of work: The nature of work has changed sig­nif­i­cant­ly in recent years, with more and more peo­ple work­ing in jobs that involve repet­i­tive motion, stress, and expo­sure to haz­ardous sub­stances. These changes have led to an increase in the num­ber of occu­pa­tion­al dis­eases and men­tal health con­di­tions, which are often not cov­ered by tra­di­tion­al work­ers’ com­pen­sa­tion laws.
  • The desire to improve effi­cien­cy and reduce admin­is­tra­tive costs: Work­ers’ com­pen­sa­tion sys­tems can be com­plex and time-con­sum­ing to admin­is­ter. This has led to calls for reforms that would stream­line the process and reduce admin­is­tra­tive costs.

Proposed Reforms

Some of the spe­cif­ic reforms that have been pro­posed or imple­ment­ed in recent years include:

  • Changes to ben­e­fit lev­els: Some states have pro­posed or imple­ment­ed changes to ben­e­fit lev­els, such as reduc­ing the amount of tem­po­rary dis­abil­i­ty ben­e­fits or increas­ing the wait­ing peri­od before ben­e­fits begin.
  • Changes to eli­gi­bil­i­ty cri­te­ria: Some states have pro­posed or imple­ment­ed changes to eli­gi­bil­i­ty cri­te­ria, such as mak­ing it more dif­fi­cult for work­ers to qual­i­fy for ben­e­fits or requir­ing work­ers to sub­mit to drug test­ing before they can receive benefits.
  • Changes to med­ical treat­ment guide­lines: Some states have pro­posed or imple­ment­ed changes to med­ical treat­ment guide­lines, such as requir­ing work­ers to see a doc­tor who is pre-approved by the insur­ance com­pa­ny or requir­ing work­ers to receive treat­ment from a net­work of providers.
  • Cost con­tain­ment mea­sures: Some states have pro­posed or imple­ment­ed cost con­tain­ment mea­sures, such as requir­ing employ­ers to pay a high­er pre­mi­um if they have a high num­ber of work­ers’ com­pen­sa­tion claims or requir­ing employ­ers to imple­ment safe­ty programs.

The ongo­ing reforms in work­ers’ com­pen­sa­tion laws are like­ly to con­tin­ue in the years to come. As the nature of work con­tin­ues to change and the cost of work­ers’ com­pen­sa­tion con­tin­ues to rise, there will be a need for reforms that bal­ance the inter­ests of employ­ers, insur­ers, and injured workers.

The ongo­ing reforms in work­ers’ com­pen­sa­tion laws reflect soci­ety’s com­mit­ment to safe­guard the rights and well-being of its work­force. By con­stant­ly eval­u­at­ing and refin­ing these legal frame­works, states seek to strike a bal­ance between pro­tect­ing employ­ees and main­tain­ing a fair and sus­tain­able sys­tem for employ­ers. It is through this con­tin­u­ous process of improve­ment that work­ers’ com­pen­sa­tion laws can effec­tive­ly respond to the evolv­ing land­scape of work and ensure ade­quate sup­port for those who need it most.


Workers Comp Opioid Misuse and the Pandemic: How to Reduce the Risks

Read­ing Time: 3 min­utes

The COVID-19 pan­dem­ic has had a sig­nif­i­cant impact on peo­ple’s lives, and for injured work­ers who have been pre­scribed opi­oids as part of their treat­ments, social iso­la­tion and oth­er pan­dem­ic-relat­ed stres­sors can exac­er­bate the risk of opi­oid mis­use and dri­ve up the cost of work­ers’ com­pen­sa­tion claims. 


  • Opi­oids are a class of drugs that are used to treat pain, but they can also be addictive.
  • In 2020, 34 per­cent of all work­ers’ com­pen­sa­tion claims with pre­scrip­tions had at least one pre­scrip­tion for opioids.
  • The COVID-19 pan­dem­ic has had a sig­nif­i­cant impact on peo­ple’s lives, and can make it more dif­fi­cult for peo­ple to cope with pain and can increase the risk of opi­oid misuse.
  • There are a num­ber of things that can be done to reduce the risk of opi­oid mis­use, including: 
    • Edu­cat­ing patients about the risks of opioids
    • Pre­scrib­ing opi­oids only when necessary
    • Mon­i­tor­ing patients closely
    • Pro­vid­ing patients with access to treatment

Opioids and Workers Compensation

The risks of opi­oid mis­use and the impact of social iso­la­tion and oth­er pan­dem­ic-relat­ed stres­sors on injured work­ers who have been pre­scribed opi­oids as part of their treatments:

Opi­oids are a class of drugs that are used to treat pain. They are very effec­tive at reliev­ing pain, but they can also be addic­tive. In 2020, 34 per­cent of all work­ers’ com­pen­sa­tion claims with pre­scrip­tions had at least one pre­scrip­tion for opi­oids, based on CDC-col­lect­ed data. This means that mil­lions of work­ers are being pre­scribed opi­oids each year.

Opi­oids can be a safe and effec­tive way to treat pain, but they must be used care­ful­ly. If not used cor­rect­ly, opi­oids can lead to addic­tion, over­dose, and death.

The Risks of Opioid Misuse

There are many risks asso­ci­at­ed with opi­oid mis­use. Some of the most com­mon risks include:

  • Addic­tion: Opi­oids are high­ly addic­tive. This means that peo­ple who take opi­oids can become addict­ed to them, even if they only take them for a short peri­od of time.
  • Over­dose: Opi­oids can be fatal if they are tak­en in too high of a dose. In 2020, there were over 70,000 opi­oid over­dose deaths in the Unit­ed States.
  • Death: Opi­oids can also lead to death if they are tak­en in com­bi­na­tion with oth­er drugs, such as alco­hol or benzodiazepines.

The Impact of Social Isolation and Other Pandemic-Related Stressors

The COVID-19 pan­dem­ic has had a sig­nif­i­cant impact on peo­ple’s lives. Many peo­ple have been forced to work from home, iso­late them­selves from friends and fam­i­ly, and deal with the stress of the pan­dem­ic. These stres­sors can make it more dif­fi­cult for peo­ple to cope with pain and can increase the risk of opi­oid misuse.

How to Reduce the Risk of Opioid Misuse

There are a num­ber of things that can be done to reduce the risk of opi­oid mis­use. Some of the most impor­tant things include:

  • Edu­cat­ing patients about the risks of opi­oids: Patients should be edu­cat­ed about the risks of opi­oids, includ­ing the risk of addic­tion, over­dose, and death.
  • Pre­scrib­ing opi­oids only when nec­es­sary: Opi­oids should only be pre­scribed when nec­es­sary. There are many oth­er effec­tive treat­ments for pain, such as phys­i­cal ther­a­py, exer­cise, and non-steroidal anti-inflam­ma­to­ry drugs (NSAIDs).
  • Mon­i­tor­ing patients close­ly: Patients who are pre­scribed opi­oids should be mon­i­tored close­ly for signs of addic­tion and overdose.
  • Pro­vid­ing patients with access to treat­ment: Patients who are strug­gling with opi­oid addic­tion should have access to treat­ment, such as med­ica­tion-assist­ed treat­ment (MAT) and counseling.

FAQ

Is opioid use disorder considered a disability?

Yes, opi­oid use dis­or­der is con­sid­ered a dis­abil­i­ty under Sec­tion 504 of the Reha­bil­i­ta­tion Act, the Amer­i­cans with Dis­abil­i­ties Act (ADA), and Sec­tion 1557 of the Afford­able Care Act when the drug addic­tion sub­stan­tial­ly lim­its a major life activity¹²³.

Source:
(1) Drug Addic­tion and Fed­er­al Dis­abil­i­ty Rights Laws Fact Sheet — HHS.gov. https://www.hhs.gov/sites/default/files/drug-addiction-aand-federal-disability-rights-laws-fact-sheet.pdf.
(2) Opi­oid Use Dis­or­der | ADA.gov. https://www.ada.gov/topics/opioid-use-disorder/.
(3) Use of Codeine, Oxy­codone, and Oth­er Opi­oids: Infor­ma­tion for Employ­ees. https://www.eeoc.gov/laws/guidance/use-codeine-oxycodone-and-other-opioids-information-employees.


Is opioid use disorder considered a disability under Workers Comp?

It depends on the cir­cum­stances. If the court acknowl­edges a super­sed­ing cause, work­ers’ com­pen­sa­tion will not cov­er the dam­ages. How­ev­er, cir­cum­stances do exist where work­ers’ com­pen­sa­tion might be respon­si­ble for the cost of opi­oid addic­tion treatments¹³.

Source:
(1) Are Opi­oid Over­dos­es Cov­ered by Work­ers’ Com­pen­sa­tion?. https://www.sweeneymerrigan.com/opioid-lawsuits/are-opioid-overdoses-covered-by-workers-compensation/.
(2) ADA Pro­tects Work­ers in Treat­ment and Recov­ery for Opi­oid Use — SHRM. https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/ada-protects-workers-in-treatment-and-recovery-for-opioid-use.aspx.
(3) A Pub­lic Health Approach to Pro­tect­ing Work­ers from Opi­oid Use Dis­or­der …. https://www.apha.org/policies-and-advocacy/public-health-policy-statements/policy-database/2021/01/13/protecting-workers-from-opioid-use-disorder.
(4) Use of Codeine, Oxy­codone, and Oth­er Opi­oids: Infor­ma­tion for Employ­ees. https://www.eeoc.gov/laws/guidance/use-codeine-oxycodone-and-other-opioids-information-employees.

Conclusion

Opi­oids can be a safe and effec­tive way to treat pain, but they must be used care­ful­ly. If not used cor­rect­ly, opi­oids can lead to addic­tion, over­dose, and death. The COVID-19 pan­dem­ic has had a sig­nif­i­cant impact on peo­ple’s lives and can make it more dif­fi­cult for peo­ple to cope with pain and can increase the risk of opi­oid misuse. 

There are a num­ber of things that can be done to reduce the risk of opi­oid mis­use, includ­ing edu­cat­ing patients about the risks of opi­oids, pre­scrib­ing opi­oids only when nec­es­sary, mon­i­tor­ing patients close­ly, and pro­vid­ing patients with access to treatment.

If you have been injured on the job and have been pre­scribed opi­oids, it is impor­tant to be aware of the risks of opi­oid mis­use and to take steps to reduce your risk. You should also talk to your doc­tor about your pain man­age­ment options and about ways to reduce your risk of opi­oid mis­use.

Worker Comp Search Terms for December 2022

Read­ing Time: 3 min­utes

Worker Comp Search Terms for December 2022

Work­er Comp Search Terms for Decem­ber 2022. Call Us Now and Talk with a Work­ers Com­pen­sa­tion Lawyer Today at 844–682‑0999


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