Industrial injuries compensation: Tort and social security compared

Lewis, Richard ORCID: https://orcid.org/0000-0002-4304-085X 2017. Industrial injuries compensation: Tort and social security compared. Industrial Law Journal 46 (4) , pp. 445-476. 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:	Publication
Status:	Published
Schools:	Cardiff Law & Politics 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 (OUP)
ISSN:	0305-9332
Date of First Compliant Deposit:	13 April 2017
Date of Acceptance:	27 January 2017
Last Modified:	30 Nov 2024 20:45
URI:	https://orca.cardiff.ac.uk/id/eprint/97861

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