Shifts in Compensating Work-Related Injuries and Diseases

This project examined the developments in compensation systems for damage arising from work-related injuries and diseases. It is inspired by developments mirroring shifts in the legal basis for compensating damage from civil law to public funding and vice versa. The shifts which have occurred in this area in Germany, England, Belgium and the Netherlands are the subject of this project.

The shifts in the legal doctrine, legislation and the case law of these countries is first mapped from a historical and comparative perspective, with the aim of discovering the precise nature of the given shifts. Subsequently the shifts are analysed and explained on the basis of the legal history so as to comprehend the reasons behind the shifts. Finally, the effects of the shifts are examined. Did the shifts have the desired effects or did other, perhaps unexpected, effects arise and if so why and in what form? An economic analysis of law will be included to provide an answer to these questions.

This project was conducted in co-operation with the Institute for Transnational Legal Research (METRO), Maastricht, The Netherlands.