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Industrial injuries compensation: Tort and social security compared

Lewis, Richard Kurt 2017. Industrial injuries compensation: Tort and social security compared. Industrial Law Journal 10.1093/indlaw/dwx007
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Abstract

This article highlights aspects of the tort system of compensation for personal injury by comparing the provision made for workers under the state’s industrial injury scheme. Although lawyers are ever-present in tort claims, they are less involved in making applications under the scheme. Partly as a result, there is a stark contrast between the voluminous literature on the common law on the one hand, and the limited information about the statute-based workers’ compensation on the other. This article tries to redress the balance by bringing the industrial scheme back into the spotlight. Comparisons are made of respective entitlement and the value of compensation provided. A wide range of statistics is used to reveal the relative importance and practical effect of the two regimes. The enduring significance of the industrial scheme is revealed together with other findings which may surprise those familiar only with litigation at common law.

Item Type: Article
Date Type: Published Online
Status: In Press
Schools: Law
Subjects: K Law > KD England and Wales
Uncontrolled Keywords: tort law, social security, personal injury compensation, indutrial injury, damages, workers' compensation
Publisher: Oxford University Press
ISSN: 0305-9332
Last Modified: 21 Jul 2017 00:35
URI: http://orca-mwe.cf.ac.uk/id/eprint/97861

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