The workers’ compensation system, designed over a century ago, was intended to provide medical benefits that were to be delivered to injured workers in an efficient and effective manner. Over the decades, the benefit program has evolved into a complex and costly system that is difficult to navigate and provides uncertain outcomes. Pharmaceutical benefits have become a serious concern and have added complexity and costs to the program.
In 1911, industry and labor crafted a remedial system that promised to provide benefits to injured workers expeditiously, through an administrative system of justice. The program waived workers’ rights to access the civil justice system, including the right of the worker to obtain damages for pain and suffering. The individualized, multistate systems afforded injured workers temporary disability, medical benefits and permanent disability, on a scheduled and fixed allowance based upon the worker’s wage at the time of the accident.
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