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By Evangelos M. Falaris

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However, time has proved the reformers too optimistic in the hope that the workers' compensation program would prove to be largely Page 4 self-administering. To some degree, litigation has been part of the system since its inception. To qualify for workers' compensation, an injury must be shown to be job related, thereby opening the door to dispute. Moreover, many jurisdictions link the payment of indemnity benefits to an assessment of physical impairment, which may also be disputed. According to estimates from the National Council on Compensation Insurance (NCCI), 23 percent of all 1984 claims for permanent partial disability were represented by an attorney.

Apparently, recording receipt of the letter took place for a higher number of cases for the more recent injuries. Of course, eight (five) years had passed between the time a worker was injured in 1982 (1985) and the time the DIA files were tapped to build the data set. How much of that experience with the compensation system is relevant for today's injured worker? Delaware's system changed very little between 1982 and 1990, with no significant legislated modifications to the basic statutes. The number and type of injuries may be somewhat different today, due to Delaware's changing employment base, as reflected in the rapid growth of the financial sector and by shrinking employment in the chemical industry.

Workers' compensationLaw and legislationUnited States.  Workers' compensationDelawareEconometric models.  Workers' compensationMichiganEconometric models.  Link, Charles R.  Staten, Michael E.  Title. 30421] 95-25109 CIP Copyright © 1995 W. E. Upjohn Institute for Employment Research 300 S. Westnedge Avenue Kalamazoo, Michigan 49007-4686 The facts presented in this study and the observations and viewpoints expressed are the sole responsibility of the authors. They do not necessarily represent positions of the W.

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Causes of Litigation in Workers' Compensation Programs by Evangelos M. Falaris

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