Document Type
Article
Publication Title
American Law and Economics Review
Publication Date
Fall 2019
ISSN
1465-7252
Page Number
307
Keywords
workers' compensation, medical care, occupational injuries
Disciplines
Law | Medical Jurisprudence | Workers' Compensation Law
Abstract
With irreversible investments in safety, changes in workers' compensation laws should affect employer incentives asymmetrically: increases in workers' compen- sation generosity should cause employers to invest more in safety, but comparable decreases might not cause them to disinvest in existing precautionary programs or equipment. Although maximum weekly benefits caps have been fairly stable, state laws have expanded or restricted workers' compensation on multiple other dimensions. State laws may impose new requirements regarding burdens of proof, access to medical care, and the duration of benefits. This article estimates the effect of changes in these more comprehensive measures of workers' compensa- tion laws on workplace safety. Using confidential, restricted data from the Census of Fatal Occupational Injuries, the article finds that increases in workers' compen- sation generosity lead to a significant decrease in fatality rates, while decreases in workers' compensation generosity do not significantly increase fatality rates.
Recommended Citation
W. Kip Viscusi and Elissa Philip Gentry,
Asymmetric Effects on Fatality Rates of Changes in Workers' Compensation Laws, 21 American Law and Economics Review. 307
(2019)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/1544