{"title":"Apples, Oranges and Bananas: Comparative Studies in Australian Workers’ Compensation Systems","authors":"A. Collie","doi":"10.5040/9781509928026.ch-004","DOIUrl":"https://doi.org/10.5040/9781509928026.ch-004","url":null,"abstract":"Pre-print of a book chapter published in the book \"Unexpected Consequences of Compensation Law\" by Prue Vines and Arno Akkermans (eds), 2020.","PeriodicalId":288210,"journal":{"name":"Unexpected Consequences of Compensation Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132740132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-01DOI: 10.5040/9781509928026.CH-001
Prue Vines, A. Akkermans
This is the introductory Chapter 1 of Prue Vines & Arno Akkermans (Eds.) Unexpected Consequences of Compensation Law, Oxford, Hart Publishing, 2020 (preprint). This book explores the performance of compensation law in addressing the needs of the injured. Compensation procedure can be dangerous to your health and may fail to compensate without aggravation/creating other problems. This book takes a refreshing and insightful approach to the law of compensation considering, from an interdisciplinary perspective, the actual effect of compensation law on people seeking compensation. Tort law, workers' compensation, medical law, industrial injury law and other schemes are examined and unintended consequences for injured people are considered. These include ongoing physical and mental illness, failure to rehabilitate, the impact on social security entitlements, medical care as well as the impact on those who serve – the lawyers, administrators, medical practitioners etc. All are explored in this timely and fascinating book. The contributors include lawyers, psychologists, and medical practitioners from multiple jurisdictions including Australia, the Netherlands, Canada, Italy and the UK. This introductory Chapter provides an introduction and an overview of the content of the book.
这是Prue Vines & Arno Akkermans(主编)的引言第一章。《赔偿法的意外后果》，牛津，哈特出版社，2020年(预印本)。这本书探讨了赔偿法律在解决受害人需求方面的表现。赔偿程序可能对您的健康有害，并且可能无法在不加重/造成其他问题的情况下进行赔偿。这本书采取了一个令人耳目一新的和富有洞察力的方法来考虑赔偿法律，从跨学科的角度来看，赔偿法律对寻求赔偿的人的实际影响。审查了侵权法、工人赔偿、医疗法、工伤法和其他计划，并考虑了对受伤人员的意外后果。其中包括持续的身体和精神疾病、未能康复、对社会保障权利的影响、医疗保健以及对服务人员(律师、行政人员、医生等)的影响。所有这些都在这本及时而迷人的书中进行了探讨。作者包括来自澳大利亚、荷兰、加拿大、意大利和英国等多个司法管辖区的律师、心理学家和医疗从业人员。这一导论章提供了本书内容的介绍和概述。
{"title":"An Overview of Some Unexpected Consequences of Compensation Law","authors":"Prue Vines, A. Akkermans","doi":"10.5040/9781509928026.CH-001","DOIUrl":"https://doi.org/10.5040/9781509928026.CH-001","url":null,"abstract":"This is the introductory Chapter 1 of Prue Vines & Arno Akkermans (Eds.) Unexpected Consequences of Compensation Law, Oxford, Hart Publishing, 2020 (preprint). This book explores the performance of compensation law in addressing the needs of the injured. Compensation procedure can be dangerous to your health and may fail to compensate without aggravation/creating other problems. This book takes a refreshing and insightful approach to the law of compensation considering, from an interdisciplinary perspective, the actual effect of compensation law on people seeking compensation. Tort law, workers' compensation, medical law, industrial injury law and other schemes are examined and unintended consequences for injured people are considered. These include ongoing physical and mental illness, failure to rehabilitate, the impact on social security entitlements, medical care as well as the impact on those who serve – the lawyers, administrators, medical practitioners etc. All are explored in this timely and fascinating book. The contributors include lawyers, psychologists, and medical practitioners from multiple jurisdictions including Australia, the Netherlands, Canada, Italy and the UK. This introductory Chapter provides an introduction and an overview of the content of the book.","PeriodicalId":288210,"journal":{"name":"Unexpected Consequences of Compensation Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132060770","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-25DOI: 10.5040/9781509928026.CH-002
A. Akkermans
Research shows that perceived injustice is an important predictor of worse health and rehabilitation outcomes after injury. Fault-based injury compensation schemes are considered to be generally more anti-therapeutic than no-fault schemes. This chapter starts from the submission that the fault or no-fault basis of schemes is not necessarily decisive for the level of adversarialism of claims handling procedure, and that a more detailed knowledge is required of the mechanisms that lie behind the negative correlation of adversarialism with recovery and health outcomes. It recounts some findings in empirical studies on reconciliation and the elements and effects of apologies, to extrapolate these to the process of the resolution of injury claims. The emotional and moral impact of suffering harm as a result of a committed wrong as identified in these studies, is compared to the properties of the process of the out of court resolution of injury claims. After it is concluded that these properties generally do not address this impact but instead often increase it, several options are identified to tackle these anti-therapeutic effects. These options involve several aspects of the process of the resolution of injury claims, such as taking responsibility by taking and keeping the initiative, providing recovery-focussed services, promoting personal contact between the person responsible for the harm-causing event and the victim, promoting participation of the victim in the resolution process, having assessments carried out by neutral third parties, and more in general promoting the experience of procedural justice.
{"title":"Achieving Justice in Personal Injury Compensation: The Need to Address the Emotional Dimensions of Suffering a Wrong","authors":"A. Akkermans","doi":"10.5040/9781509928026.CH-002","DOIUrl":"https://doi.org/10.5040/9781509928026.CH-002","url":null,"abstract":"Research shows that perceived injustice is an important predictor of worse health and rehabilitation outcomes after injury. Fault-based injury compensation schemes are considered to be generally more anti-therapeutic than no-fault schemes. This chapter starts from the submission that the fault or no-fault basis of schemes is not necessarily decisive for the level of adversarialism of claims handling procedure, and that a more detailed knowledge is required of the mechanisms that lie behind the negative correlation of adversarialism with recovery and health outcomes. It recounts some findings in empirical studies on reconciliation and the elements and effects of apologies, to extrapolate these to the process of the resolution of injury claims. The emotional and moral impact of suffering harm as a result of a committed wrong as identified in these studies, is compared to the properties of the process of the out of court resolution of injury claims. After it is concluded that these properties generally do not address this impact but instead often increase it, several options are identified to tackle these anti-therapeutic effects. These options involve several aspects of the process of the resolution of injury claims, such as taking responsibility by taking and keeping the initiative, providing recovery-focussed services, promoting personal contact between the person responsible for the harm-causing event and the victim, promoting participation of the victim in the resolution process, having assessments carried out by neutral third parties, and more in general promoting the experience of procedural justice.","PeriodicalId":288210,"journal":{"name":"Unexpected Consequences of Compensation Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132797054","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.5040/9781509928026.ch-003
I. Cameron
{"title":"Compensation and Health","authors":"I. Cameron","doi":"10.5040/9781509928026.ch-003","DOIUrl":"https://doi.org/10.5040/9781509928026.ch-003","url":null,"abstract":"","PeriodicalId":288210,"journal":{"name":"Unexpected Consequences of Compensation Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117014171","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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