工人赔偿法的困境与弊端的几点体会

A. Morley
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摘要

《工人赔偿法》的制定意图是为那些在工作期间残疾的真正的工人提供手段——几乎没有人会否认,雇主应该分担一份赡养在工作中受伤的人的责任,这是公平的,无论政治观点如何。但是,不幸的是,在实践中,这个计划给雇主带来了很多困难,并使他们暴露在懒惰或不诚实的人随时准备好的阴谋和计划中。为了榨取金钱而形成这些人得到了法律界最不知名人士的帮助和教唆。我知道,有些上流社会的人有一种习惯,就是每天从医院接待室的看门人那里打听到在那里接受治疗的伤员的姓名和地址,并请伤员照管他们的病情。然后,他们继续在和平解决的道路上制造一切困难,以增加他们自己的成本;最后,当案件解决后,那些不幸的工人们发现,只有一部分赔偿金进了他们自己的口袋,而万一索赔无法维持下去,而雇主在县法院胜诉,则无需支付任何费用
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Some Experiences of the Difficulties and Abuses of the Workmen's Compensation Acts
The Workmen's Compensation Acts were framed with the intention of providing means for genuine workers who were disabled in the course of their employment-and few, of any shade of political opinion, will deny that it is fair that the employer should have to take his share in supporting a man, who has been injured, whilst working in his service. But, unhappily, in practice the scheme has led to much hardship to employers, and has exposed them to the plots and plans which lazy or dishonest men are ever ready.to form in order to extract money. Such men are aided and abetted by the least reputable members of the legal 'profession. I know as a fact that it is the custom of some of the latter gentry to ascertain day by day from the receiving-room porters at the hospitals the names and adJresses of casualties treated there, and to offer the injured men to take charge of their cases. They then proceed to place every difficulty in the way of an amicable settlement in order to increase their own costs; and finally, I"hen the case is settled, the unfortunate workmen find that only a proportion of the money awarded comes into their own pockets, whilst in the event of the claim not being sustainable, and of the employer gainingthe case in the county court, no costs
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