Unexpected Consequences of Compensation Law

Description

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. Volume 34 in the series Hart Studies in Private Law Contents Contributors PART I: INTRODUCTION 1. An Overview of Some Unexpected Consequences of Compensation Law I. Introduction II. Promising More than Law Can Deliver? III. This Book IV. Conclusion: Not So Unexpected? PART II: AN AGENDA FOR CHANGE? SOME CURRENT SHORTCOMINGS OF
PERSONAL INJURY COMPENSATION SYSTEMS 2. Achieving Justice in Personal Injury Compensation: The Need to Address the Emotional Dimensions of Suffering a Wrong I. Introduction II. The Impact of Suffering Harm as a Result of a Wrong Being Committed III. Apologies IV. Procedural Justice V. Some Characteristics of Claims Resolution in the Light of the Emotional Dimensions of Suffering a Wrong VI. Making Claims Resolution Processes More Emotionally Intelligent VII. In Conclusion 3. Compensation and Health I. Introduction II. Definitions III. A Theoretical Framework for Compensation and Health IV. Types of Injury and Types of Compensation – Does it Matter? V. The Evidence from Research in Compensation and Health VI. Areas of Contention VII. 'Experimental' Studies of Compensation and Health VIII. Actual Experiments Related to Compensation and Health IX. Conceptualising Compensation and Health X. Reforming Compensation Systems to Improve Health XI. Conclusions 4. Apples, Oranges and Bananas: Comparative Studies in Australian
Workers’ Compensation Systems I. Work Disability in Australia II. Policy, Health and Disability III. Australian Workers' Compensation Systems IV. The Compensation Policy and Return to Work Effectiveness (COMPARE) Project V. Other Comparative Studies in Injury Compensation VI. Conclusions 5. Workers’ Compensation in Canada: Experiences of Precariously Employed Workers in the Return to Work Process after Injury I. Introduction II. Regulatory Comparison of Workers' Compensation Legislation Relevant to Return to Work III. Living in a System: Stories from the Trenches IV. Conclusion: Access to Justice in Workers' Compensation 6. Safe as Houses? Lump Sum Dissipation and Housing I. Why Lawyers Like Lump Sums II. The Interaction between Social Security, NDIS, NIIS and Lump Sums III. How Do Compensation Recipients Spend Lump Sums? IV. Housing and Lump Sum Dissipation: A Content Analysis Study V. Implications and Conclusion Appendix 1: Content Analysis AAT Lump Sum Preclusion Housing Cases 2013-2017 7. Achieving a Just Culture that Learns and Improves I. Overview II. What Do Patients Want the System to Do? III. The Legal System IV. Wider Developments in Science and Regulation V. The NHS VI. Conclusion: Building the Future PART III: APOLOGIES 8. An Incentive-based Approach to Apologies and Compensation I. Introduction II. Apologies and the 'Shadow Line' of Legal Relevance III. Compensation of Non-pecuniary Losses: The Role of Apologies IV. Law and Economics Theory and Incentive-based Approach to Apologies V. Final Remarks 9. Compensation for Intangible Loss: A Closer Look at the Remedial
Function of Apologies I. Introduction II. Implications of Fault-based Compensation for Apologies III. Ways to Provide a More Expansive Role for Apologies to Remedy Intangible Loss IV. Discussion V. Conclusion PART IV: RESPONSIBILITIES OF LAWYERS 10. Exploring the Dynamics of Legal Service Use in Compensation Systems I. Introduction II. Compensation System Factors III. Lawyer Factors IV. Legal Services Market Factors V. Discussion and Conclusion 11. Addressing the Problems of Lump Sum Compensation Dissipation and Social Security Denial: The Lawyer Contribution I. Introduction II. The Study III. What Happens when the Compensation Runs Out? The Law IV. Lawyer Factors Contributing to Early Dissipation V. Conclusion 12. Lawyers’ Responsibility for Claimant Health in Injury Compensation
Schemes: Developing an Ethical Response I. Introduction II. Contemporary Injury Compensation Schemes in Australia III. Legal Practice in Australian Compensation Schemes IV. The Health Impact of Claimants' Experiences in Injury Compensation Schemes: A Research Snapshot V. An Ethical Framing for the Lawyerly Response VI. Conclusion 13. The ‘Lawyer was an Angel’: New Zealand and American Patients’ and Family Members’ Experiences of the Role of Lawyers in ‘Resolution’ Processes after Medical Injuries I. Introduction II. Research Designs of the New Zealand and American Studies about Non-Litigation Approaches to Medical Injury III. Results IV. Study Strengths and Limitations V. Conclusion Index