Reflections on the State of Workers’ Compensation and Occupational Health & Safety in the United States and Canada

Abstract

When an article similar to this one was published in Canada, it reflected primarily knowledge derived from firsthand experience in several provinces and territories, and empirical research in Ontario and British Columbia. Since that article was published in 2013, this new article reflects my research on recent publications in the United States on Workers’ Compensation. The article begins by explaining the damaging and overwhelming significance of experience rating. To enhance an understanding of current situations, the article then explains the legal history of Occupational Health & Safety and Workers’ Compensation. Then the role of physicians is discussed, particularly the difficulties they often have in distinguishing questions of law from questions of medicine. The article then deals with how decisions are made in the claims department of a Workers’ Compensation Board and by appeals tribunals. The practice of actuaries is explained, including the problems that their role creates. The limited role of judicial review is then mentioned, and finally the significance of the North American Free Trade Agreement and the World Trade Organization. The article concludes with conclusions and comments.