Britain Takes on the Litigation-Industrial Complex
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  • Tom Holsinger


    Employers in America do not pay attorney fees to employees injured on the job, and only a tiny proportion of employee vs. employer work-related injuries enter the civil litigation system as tort actions. This because of the exclusive jurisdiction of Workers Compensation systems over work-related injuries. An employer has to really screw up to get a work-related injury into the civil litigation system (such as by shooting an employee during an argument).

    Gender/racial discrimination and harassment on the job are not subject to Workers Compensation, and employers there do risk paying statutory attorney fees. Likewise civil tort lawsuits by injured employees against the manufacturers of machines which injure them are not subject to Workers Compensation.

    I agree with your sentiment, but please keep the legal details straight. Work-related injuries are not an issue here for employers. Almost all civil tort litigation involving work injuries is against non-employer defendants, and most of that is against the manufacturers and sellers of workplace machinery.

  • Toni

    Hear, hear! Three cheers for this marvelous, cogent piece!

    Problem is, we’ll be waiting as long as the trial lawyers have the Democratic Party in their pocket, which they do because of all the campaign funds they put in Democrats’ pockets.

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