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Significant events that shaped the 1980s
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It shouldn't hurt to go to work. But in 1998, nearly 6 million U.S. workers were injured at work or became sick because of their jobs.
Most working Americans know that they are protected by workers' compensation laws if they are injured on the job. But many are unaware of the prominent role played by organized labor in securing these historic legal protections.
Workers' compensation laws became necessary at the turn of the century, when injured workers were faced with rising medical costs and lost time. In those days, an injured employee had to prove that the employer was at fault, due either to an unsafe workplace, lack of safe tools, failing to warn of dangers or failing to furnish adequate help. If the employer was not at fault, the employee received no compensation. Even if the employer was at fault, the injured worker still could not recover if he was partly to blame, or if he knew of the risks beforehand, or if the injury was caused by a fellow servant.
In most cases, injured workers received no compensation at all. Employees and their families faced financial ruin. And if a worker happened to overcome the legal obstacles and received money damages, the employer might be put out of business, costing other employees their jobs.
To remedy this unfairness, Labor struggled for the passage of workers' compensation laws. Labor argued that an employer could pay for work injuries by merely raising the price of its product or service by a few pennies to purchase workers' compensation insurance. In contrast, an employee bearing the cost of his own injury could become destitute. Labor's battle cry was, "the cost of the product should bear the blood of the worker."
The original model for workers' compensation legislation was a compromise between business and labor. Employees gave up their right to sue for large jury awards in exchange for more modest but certain compensation for lost time, medical bills and permanency. Employers gave up their cozy system of fault-based liability in exchange for a no-fault system, but with limits on the amount of money they would have to pay their injured employees.
Early workers' compensation laws covered only hazardous industries, such as construction, demolition and mining.
They concentrated on higher wages, shorter hours, and personal issues of workers. The American Federation of Labor’s main weapon was walkouts and boycotts to get industries to succeed to better conditions and higher wages. By the early 1900’s, its membership was up to ½ million workers. Through the years since The Great Depression, labor unions were responsible for several benefits for employees. Workers have safer conditions, higher paying jobs to choose from, and better benefits negotiated for them by their collective bargaining unit.
The first thing that one needs to consider is the situation that victims are normally under. No one chooses to be in an accident, it is something that is unexpected. Because of that those who are affected are often not at a point financially where they can handle the results of the accident such as lost time at work, medical bills, and other associated cost. Worsening the situation is the fact that the injuring party in the accident often does not want to compensate the victims for their actions. This results in an even
The Industrial Revolution that took place after the Civil War made for a more economically sound country. American workers, however, were becoming more and more dependent upon their wages; a fear of unemployment also stemmed from this. Workers didn’t share in the benefits that their employers reaped. In a chart representing the hours and wages of industrial workers, from 1875 to 1891, it shows that even though their wages were subtly increasing, their 10-hour work day remained the same (Doc. A). Factories were headed by large corporations; this, in turn, meant that new machines lessened the amount of workers in certain fields. As a result of these unsuitable conditions, labor unions were formed. The challenges that these unions faced weren’t easy. If the workers involved in organized labor got too far out of line, these corporations could get federal authorities involved. Moreover, these companies could enforce “ironclad oaths” upon their employees. In a Western Union Telegraph Company employee contract, in 1883, it states that the employee will not be affiliated with any societies or organizations (Doc. E). Despite such setbacks, by 1872 there were over 32 national unions.
Unions have an extensive history of standing up for workers. They have advocated rights of steelworkers, coal miners, clothing factory employees, teachers, health care workers, and many others. The labor movement is based on the idea that organized workers as a group have more power than individuals would have on their own. The key purpose of any union is to negotiate contracts, making sure workers are respected and fairly compensated for their work. “In theory” unions are democratic organizations, resulting in varying inner authority. Workers look for security within a job a...
Beginning in the late 1700’s and growing rapidly even today, labor unions form the backbone for the American workforce and continue to fight for the common interests of workers around the country. As we look at the history of these unions, we see powerful individuals such as Terrence Powderly, Samuel Gompers, and Eugene Debs rise up as leaders in a newfound movement that protected the rights of the common worker and ensured better wages, more reasonable hours, and safer working conditions for those people (History). The rise of these labor unions also warranted new legislation that would protect against child labor in factories and give health benefits to workers who were either retired or injured, but everyone was not on board with the idea of foundations working to protect the interests of the common worker. Conflict with their industries lead to many strikes across the country in the coal, steel, and railroad industries, and several of these would ultimately end up leading to bloodshed. However, the existence of labor unions in the United States and their influence on their respective industries still resonates today, and many of our modern ideals that we have today carry over from what these labor unions fought for during through the Industrial Revolution.
“I regard my workpeople just as I regard my machinery...When my machines get old and useless, I reject them and get new, and these people are part of my machinery” (Sands 12). A foreman at a textile mill in Fall River, Massachusetts spoke these words in possibly the worst time during American labor history, the Industrial Revolution. During the Industrial Revolution, large numbers of people in the United States flocked to work in factories where they faced long hours, unsanitary and unsafe conditions and poor wages. Labor unions, or groups of organized workers, formed in the United States to ensure workers the right to a safe workplace and a fair wage in the face of capitalistic factory owners seeking wealth. In exchange, union members owe the responsibility to work diligently and to the best of their abilities or face the failure of their company and the loss of their jobs.
“Unions are about collective leverage, the power of numbers versus the power of capital” - Canadian entrepreneur, Kevin O’Leary. The American workplace has not always provided protections for employees. Until the early 20th century business owners held all of the power in the employee/employer relationship. Workers were subjected to extremely long hours, low wages and dangerous working conditions, with no recourse or protections. Organized labor over the last century challenged the position and power of employers and lobbied the government to create laws and policies that would protect workers and create safer working environments for employees. The majority of policies that today’s average employee takes for granted, such as the eight
Hortwitz, McCall and Horwitz (2006) examined workplace injuries using Rhode Island’s workers’ compensation claim from 1984 to 2002.When the cases were analyzed it showed that females were more likely to file claims it also showed that males suffered more from injuries that lasted longer and had higher costs. The costs associated with these claims were more than $7 million dollars there was average claim of $100 a claim. Furthermore, there were 6 deaths that were reports within the 5 year span.
Workplace injuries are primarily responsible for a large number of workers being absent at work and disability. The occurrence of workplace injury varies from the occupation and the industry of the worker. There are many risk factors that are associated with workplace injuries such as age, experience, shift work, consumption of alcohol, fatigue etc. (Swaen et al. 2002).
A worker's comp claim can be overwhelming, especially when you are completing all the documentation that your employer and the insurance company need. Understanding what they send you can be tricky and as the adage goes, "No job is finished until the paperwork is done." This list of worker's compensation forms is not meant to be complete, but might help you navigate the most common paperwork. An experienced attorney can be of invaluable assistance during this process.
During the nineteenth and early twentieth century if a worker was a victim of workplace accident there was no compensation or requirement of the employer to support rehabilitation. Employers were not responsible for injured workers or accidents that happened in the workplace. The main legal doctrine of Assumption of Risk governed workplace hazards, which required workers to assume and accept all the risks affiliated with their occupation (Share, 2012). In the 1900 's many diseases and injuries resulted due to unsafe or hazardous working condition. "The Royal Commission on the Relations of Labour and Capital reported in 1889 that many workers were being hurt on the job and condemned the state of working conditions in several industries" (CPHA, 2012). However, the federal government at the time did not act on the results of the commission report. In 1914, the province of Ontario introduced legislation where, "workers would be eligible for guaranteed no-fault benefits from a system that was wholly funded by employers. In exchange, employers were freed from legal liability" (CPHA, 2012). This was the first time the idea came up that injured employees should be compensated no matter who was at fault for the accident. This was the sign of the beginnings of change, but perspectives on health and safety still held employees responsible and accountable for all injuries and
The current labor movement in human relations, business and industry has deep roots in the past and is continuing to evolve in the present. The struggle for survival and the drive to become successful in society, and the business world, fuel the current activities. Grassroots movements for fair wages and tolerable working conditions bring workers together to collectively affect change through the formalized organization of labor unions. Social theorists have over the past century, attempted to explain the complex processes that occur within labor movements. Mishel & Walters theorize that collective bargaining units have a positive impact upon human relations, and labor negotiations within business, industry and politics. While some of their views are supported by popular social theories, other theorists’ suggestions contrast sharply with their opinions.
Young workers are likely to die more as a result of accidents than from illnesses. Companies, therefore, choose this policy because it can benefit their young employees more than the older employees. Moreover, young employees usually do not have any individual accident insurance cover hence the company helps these employees through taking for them an accidental death and dismemberment policy (Employee Benefit Research Institute (Washington, D.C.), 2000). The policy helps the young people to maintain the young and their families recover the income they lose through loss of their body
Workers compensation will also cover occupational illnesses. An occupational illness is any illness that is caused—or worsened—by their job. Common occupations that sustain work-related illnesses include firefighters, police, and
Accidents occur in the workplace but in secret. These most of the time lead to physical and mental injuries that might affect the worker way of living for the rest of their lives. It is estimated that more than 337 million workers get injured in their place of work or in the course of work every year leading to work-related diseases causing about 2.3 million deaths per year (United States Department of Labor, n.d.).