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Building a human rights framework for workers' compensation in the United States: Opening the debate on first principles
Author(s) -
Hilgert Jeffrey A.
Publication year - 2012
Publication title -
american journal of industrial medicine
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.7
H-Index - 104
eISSN - 1097-0274
pISSN - 0271-3586
DOI - 10.1002/ajim.22023
Subject(s) - compensation (psychology) , human rights , workers' compensation , foundation (evidence) , conformity , law , law and economics , international human rights law , medicine , political science , sociology , social psychology , psychology
Background This article introduces the idea of human rights to the topic of workers' compensation in the United States. It discusses what constitutes a human rights approach and explains how this approach conflicts with those policy ideas that have provided the foundation historically for workers' compensation in the United States. Methods Using legal and historical research, key international labor and human rights standards on employment injury benefits and influential writings in the development of the U.S. workers' compensation system are cited. Results Workers' injury and illness compensation in the United States does not conform to basic international human rights norms. Conclusions A comprehensive review of the U.S. workers' compensation system under international human rights standards is needed. Examples of policy changes are highlighted that would begin the process of moving workers' compensation into conformity with human rights standards. Am. J. Ind. Med. 55:506–518, 2012. © 2012 Wiley Periodicals, Inc.