Unexpected consequences of compensation law
著者
書誌事項
Unexpected consequences of compensation law
（Hart studies in private law, v. 34）
Hart, 2020
- : hb
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注記
"This book arose out of a symposium held at the University of New South Wales, Sydney, Australia in March 2018"--P. 4
Includes bibliographical references and index
内容説明・目次
内容説明
This book explores the performance of compensation law in addressing the needs of the injured. Compensation procedure can be dangerous to your health and may fail to compensate without aggravation/creating other problems. This book takes a refreshing and insightful approach to the law of compensation considering, from an interdisciplinary perspective, the actual effect of compensation law on people seeking compensation. Tort law, workers' compensation, medical law, industrial injury law and other schemes are examined and unintended consequences for injured people are considered. These include ongoing physical and mental illness, failure to rehabilitate, the impact on social security entitlements, medical care as well as the impact on those who serve - the lawyers, administrators, medical practitioners etc. All are explored in this timely and fascinating book. The contributors include lawyers, psychologists, and medical practitioners from multiple jurisdictions including Australia, the Netherlands, Canada, Italy and the UK.
目次
PART I
INTRODUCTION
1. An Overview of Some Unexpected Consequences of Compensation Law
Prue Vines and Arno Akkermans
PART II
AN AGENDA FOR CHANGE? SOME CURRENT SHORTCOMINGS OF PERSONAL INJURY COMPENSATION SYSTEMS
2. Achieving Justice in Personal Injury Compensation: The Need to Address
the Emotional Dimensions of Suffering a Wrong
Arno Akkermans
3. Compensation and Health
Ian Cameron
4. Apples, Oranges and Bananas: Comparative Studies in Australian Workers' Compensation Systems
Alex Collie
5. Workers' Compensation in Canada: Experiences of Precariously Employed Workers in the Return to Work Process after Injury
Katherine Lippel, Ellen MacEachen and Sonja Senthanar
6. Safe as Houses? Lump Sum Dissipation and Housing
Kylie Burns and Ros Harrington
7. Achieving a Just Culture that Learns and Improves
Christopher Hodges
PART III
APOLOGIES
8. An Incentive-based Approach to Apologies and Compensation
Nicola Brutti
9. Compensation for Intangible Loss: A Closer Look at the Remedial Function of Apologies
Robyn Carroll
PART IV
RESPONSIBILITIES OF LAWYERS
10. Exploring the Dynamics of Legal Service Use in Compensation Systems
Clare E Scollay
11. Addressing the Problems of Lump Sum Compensation Dissipation and Social Security Denial: The Lawyer Contribution
Prue Vines
12. Lawyers' Responsibility for Claimant Health in Injury Compensation Schemes: Developing an Ethical Response
Genevieve Grant and Christine Parker
13. The 'Lawyer was an Angel': New Zealand and American Patients' and Family Members' Experiences of the Role of Lawyers in 'Resolution' Processes after Medical Injuries
Jennifer Schulz Moore
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