Bibliographic Information

Unexpected consequences of compensation law

edited by Prue Vines and Arno Akkermans

(Hart studies in private law, v. 34)

Hart, 2020

  • : hb

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Note

"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

Description and Table of Contents

Description

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.

Table of Contents

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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