Unexpected Consequences of Compensation Law

Erscheinungsjahr 2020
ISBN: 978-1-5099-2799-9
Verlag: HART PUB

Buch, Englisch, 312 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 608 g

Reihe: Hart Studies in Private Law

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.

Autoren/Hrsg.

Vines, Prue

Akkermans, Arno

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

Akkermans, Arno
Arno Akkermans is Director of the Amsterdam Law and Behaviour Institute at the Vrije Universiteit, Amsterdam.

Vines, Prue
Prue Vines is Co-Director of the Private Law Research and Policy Group at the Faculty of Law, University of New South Wales.

Prue Vines is Co-Director of the Private Law Research and Policy Group at the Faculty of Law, University of New South Wales.
Arno Akkermans is Director of the Amsterdam Law and Behaviour Institute at the Vrjie University, Amsterdam.