Inspired by developments mirroring shifts in the legal basis for compensating damage from civil law to public funding and vice versa, this book examines the developments in compensation systems for damage arising from work-related injuries and diseases. The shifts which have occurred in this area in Germany, England, Belgium and the Netherlands are the subject of this volume. The shifts in the legal doctrine, legislation and the case law of these countries will first be mapped from a historical and comparative perspective, with the aim of discovering the precise nature of the given shifts. Subsequently the shifts will be analysed and explained on the basis of the legal history so as to comprehend the reasons behind the shifts. Finally, the effects of the shifts will be examined. Did the shifts have the desired effects or did other, perhaps unexpected, effects arise and if so why and in what form? An economic analysis of law will be included to provide an answer to these questions.

Authors: Dr. E.F.D. Engelhard Dr. R.I.R. Hoop Prof. Mr. S. Klosse Dr. N.J. Philipsen

Shifts in Compensating Work-Related Injuries and Diseases	p. 1
Overall Framework: Shifts from Civil Law to Public Funding and vice versa	p. 1
Scope of this Book	p. 2
What Is a Shift?	p. 3
Overview of the Shifts in Compensation in the Field of Work-Related Injuries and Diseases	p. 3
Explanation of the Reasons for the Shifts Within or Between Compensation Systems	p. 5
Empirical Analysis	p. 6
Empirical Findings in the US	p. 7
Words of Thanks	p. 8
Shifts of Work-Related Injury Compensation. Background Analysis: The Concurrence of Compensation Schemes	p. 9
Introduction	p. 9
What Defines a 'Shift in Governance'?	p. 11
Shifts that Matter: A Three-Part Overview	p. 11
Shifts I (1870-1920): From Civil Liability to Private Insurance	p. 12
Introduction	p. 12
Germany's Insurance Model of Workers' Compensation (1870-1920)	p. 13
From Prussian Fault Liability to Bismarck's Reichshaftpflichtgesetz (Liability Act, RHpflG) 1871	p. 13
Strict Liability Subjected to Criticism: Arguments for a Shift in Governance	p. 15
From Reichshaftpflichtgesetz to Social Reform: The Unfallversicherungsgesetz 1884 (Industrial Accidents Insurance Act, UV)	p. 17
Liability Oriented Protection for Workers Compensation in England (1870-1920)	p. 20
The English Employers' Liability Act 1880	p. 20
Failure of the System of Civil Liability Law	p. 20
Improving Civil Liability Law: The Employers' Liability Bill 1893. Goals and Purposes	p. 22
From Fault Based to Strict - No-Fault - Liability: The Workmen's Compensation Act 1897	p. 24
From No-Fault Liability to Public Insurance?	p. 26
The Dutch Insurance Model for Industrial Accidents (1870-1920)	p. 28
Workers' Insurance Replaces Fault Liability: Ongevallenwet 1901 (Industrial Accidents Act, OW)	p. 28
Level of Compensation; Revision of the OW in 1921	p. 30
Additional Protection. Social Insurance (Invalidity Act 1919)	p. 31
Belgian No-Fault Liability and Voluntary Industrial Accidents Insurance (1870-1920)	p. 32
Arbeidsongevallenwet 1903 (Industrial Accidents Act, AoW) (I): Strict Liability	p. 32
AoW (II): Voluntary Insurance and the Algemene Spaar- en Lijfrente Kas (State Insurance Fund, ASLK)	p. 33
Comparison and a New Approach for All Four Systems	p. 34
Shift II (1920-1970): From Private to Social Insurance	p. 35
The Need for More Protection: 'Risque Social' Thinking	p. 35
English Shift to Its Current Regime of Compensation (1920-1970)	p. 36
Beveridge's Plea for More Protection	p. 36
More Protection I: From Liability Law to Social Scheme, the National (Industrial Injuries) Insurance Act 1946	p. 38
More Protection II: Employers' Liability (Compulsory Insurance) Act 1969 (ELA 1969)	p. 39
Dutch Shift to Its Current Regime of Compensation (1920-1970)	p. 40
Social Insurance: From 'Risque Professionnel' to 'Risque Social'	p. 40
Three Pillars of Social Security	p. 42
The Belgian Widening of the Voluntary Industrial Accidents Insurance (1920-1970): Towards a 'Risque Social Insurance'?	p. 45
Minor Improvements Needed in German Law (1920-1970)	p. 46
Comparative Notes	p. 48
Shift III (1970-2004): Social Reform and Private Compensation Schemes	p. 49
The Need for Social Reform	p. 49
The Current English Compensation Scheme (1970-2004)	p. 51
Initial Basic 'Risque Social' Protection	p. 51
Special Social Insurance for Income Loss Due to 'Risque Professionnel': Industrial Injuries Scheme (IIS)	p. 53
Additional Protection from Civil Liability Law	p. 55
The Current Dutch Compensation Scheme (1970-2004)	p. 56
The Need for Social Security Reform	p. 56
Gaps in Social Insurance Filled by Other Compensation Systems	p. 60
Deviating Position of Dutch Law	p. 63
Reintroduction of a Preferential Treatment of the 'Risque Professionnel'?	p. 63
The Current German Compensation Scheme (1970-2004)	p. 65
Social Security Reform	p. 65
UV Coverage	p. 67
Civil Liability Law	p. 69
The Current Belgian Compensation Scheme (1970-2004)	p. 70
Arbeidsongevallenwet 1971 (Industrial Accidents Act, AoW): From Personal to Collective Liability and Mandatory Insurance	p. 70
Civil Liability Litigation	p. 73
Summary	p. 73
General Remarks	p. 73
Basic Findings	p. 75
In Fine	p. 79
Bibliographic References	p. 80
Shifts in Work-Related Injuries: An Explanatory Analysis	p. 83
Introduction	p. 83
Characteristics and Functions of Compensation Systems	p. 84
Compensation	p. 84
Prevention, Loss Distribution and Cost-Allocation	p. 85
Considerations and Justifications for the Shifts	p. 87
The Shifts in Germany	p. 89
The First Shift	p. 89
Later Developments	p. 94
The Shifts in the Netherlands	p. 95
The First Shift	p. 95
The Second Shift	p. 102
A Third Shift?	p. 108
The Shifts in England	p. 112
A First Shift?	p. 112
A Second Shift	p. 118
Recent Developments	p. 126
The Shifts in Belgium	p. 132
A First Shift?	p. 132
A Second Shift?	p. 138
Recent Developments	p. 143
Evaluation	p. 144
Approach	p. 144
General Background for the Shifts	p. 145
Public Interest Analysis	p. 146
Private Interest Analysis	p. 151
Final Conclusions	p. 152
Bibliographic References	p. 155
Industrial Accidents and Occupational Diseases: Some Empirical Findings for The Netherlands, Belgium, Germany and Great Britain	p. 159
Introduction	p. 159
The Netherlands	p. 161
Overview	p. 161
Industrial Accidents	p. 162
Occupational Diseases	p. 165
Amounts of Compensation Received	p. 167
Social Security	p. 167
Torts	p. 169
Belgium	p. 171
Overview	p. 171
Industrial Accidents	p. 172
Occupational Diseases	p. 174
Amounts of Compensation Received	p. 178
No-Fault Insurance System	p. 178
Torts	p. 180
Germany	p. 180
Overview	p. 180
Industrial Accidents	p. 182
Occupational Diseases	p. 184
Amounts of Compensation Received	p. 185
Great Britain	p. 186
Overview	p. 186
Industrial Accidents	p. 188
Occupational Diseases	p. 191
Amounts of Compensation Received	p. 191
Concluding Remarks	p. 193
Bibliographic References	p. 196
Prevention and Compensation of Work Injury in the United States: An Overview of Existing Empirical Evidence	p. 197
Introduction	p. 197
Objectives of Tort Law	p. 198
Tort Law	p. 198
Deterrence	p. 198
Compensation	p. 201
Alternatives to Tort Law	p. 202
Work Injury	p. 204
Background Information	p. 205
Deterrence	p. 209
Compensation	p. 212
Concluding Remarks	p. 216
Appendix	p. 217
Bibliographic References	p. 218
Shifts in Compensating Work-Related Injuries and Diseases. Concluding Observations	p. 221
Confinements	p. 221
Common Features	p. 221
Different Solutions	p. 222
The Balance Between Public Solidarity and Private Responsibility	p. 224
Some Policy Conclusions	p. 226
Epilogue	p. 227
Index	p. 229
Publications	p. 233
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