Third Party Claims in Workers’ Compensation: A Proposal to Do More with Less

Bernstein, Merton C.

Journal: Washington University Law Review

Volume: 1977

First Page: 543

Year: 1977

Bluebook Citation: 1977 WASH. U. L. REV. 543 (1977)

Author: Merton C. Bernstein: all 12 publications


Abstract

This Article proposes the abolition of third party suits and suggests a new system to obtain supplementation from third parties without suit with which to pay improved workers’ compensation. This system would reduce employer and third party costs and increase employee compensation benefits, spread those benefits more equitably, and better serve the goal of allocating cost according to degree of risk, without sacrificing either safety incentives or moral values which arguably the present arrangements serve.

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