Workers Comp more satisfying because it completely replaces the system WC

Workers comp more satisfying because it completely

This preview shows page 40 - 41 out of 41 pages.

--Worker’s Comp “more satisfying” because it completely replaces the system. --WC trades off insurance principles for collective justice 40
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principles/not individualized, but everyone gets something and like gets like --No-Fault is a compromise system with a tort option --Worker’s compensation gives clearer prospect for accident prevention: experience grading incentivizes --But arguably there’s little deterrent value to tort law in the auto cases because the two most dangerous types are largely unreachable: drunks and reckless kids Focused No-Fault --Black Lung, Child Vaccine, Nuclear Accidents --Suggestions for medical malpractice no-fault but there’s a problem with the nexus of compensable event: “arising out of” what? --Hip replacement failure? Causation problem: how is it definitely because of the doctor? How is it definitely arising out of the procedure? --often those seeking medical help are already in bad shape --By defining what gets compensated, we fall back to a negligence standard -- Products Liability No-Fault: Same problem—arising out of what??? Lots of accidents occur in the use of products that are arguably not at all use-related 41
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