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What is included with this book?
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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The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.