Advocating the Rights of the Injured

Marcus, Benjamin

Journal: Michigan Law Review

Volume: 61

First Page: 921

Year: 1963

Bluebook Citation: 61 MICH. L. REV. 921 (1963)

Author: Benjamin Marcus: all 3 publications


Abstract

When workmen's compensation was first introduced a half century ago, it was felt necessary to cushion the shock in a number of ways. One of these was the idea of a bargain, an exchange, in which the worker, to obtain the new remedy based on liability without fault, gave up his existing remedy, the right to a tort action against his employer for a negligent injury. It is time that the terms of that bargain be re-examined.

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