The Workers Compensation Lawyer - A Brief History
This common law shaped a legal framework that set the stage for workers' compensation attorneys to enter the scene during the Industrial Revolution.
At the onset of the Industrial Revolution, worker's compensation attorneys were not known by that name. In universal, they were grouped together with all other lawyers, be they a workman's compensation lawyer specifically or not. Strict principals governed workmen's compensation attorneys during the Industrial rebellion and made it difficult for workers to file complaints or receive compensation, even with the help of their workers compensation lawyer.
Compensation for injuries or sickness was not awarded if there was causal negligence, injuries caused by fellow workers, or if the injured worker has the supposition of risk when accepting the job in the first place. These restrictions made it tremendously difficult for workman's compensation lawyers to even file, let alone win a case.
The extremely high costs of pursing a workman's compensation case left most common workers with no option but to pay for their injuries and try to find a safer job less likely to put them in harm's way.
To help combat the excessive costs of a case, societies were shaped to assist the more affluent workers by providing them with workers compensation attorneys who could help pay for a variety of different kinds of liability insurance. Such protection was minimal, but was better than nothing. On the rare occasion a workers' compensation lawyer prevailed in court and won his client compensation, it was considered a great stride forward for all workers compensation attorneys.
Near the end of the 19th century workman's' compensation began to become more popular through the acceptance of worker compensation laws in Europe. Workers were now able to hire an attorney who particular in that area of law, and file and appeal cases through the government for redress. It is important to note that while workman's' compensation attorneys could file a suit with the government, a lawyer was forbidden from filing a workers compensation suit in civil court, as the government court was considered the only valid court for workers comp cases. This helped secure employers against false claims and fraud.
Workers compensation did not begin to become popular in the United States until after the turn of the 19th century. Taking their cue from Europe, American workman's compensation lawyers worked hard to implement a system to help defend workers on the job. By the early 19th century several states had adopted comprehensive workman's compensation laws.