In the USA the effective state control system of a labor safety and insurance upon accidents on manufacture now operates.
Despite effective enough system of a labor safety, number of accidents on manufacture and occupational diseases in the USA it is annually estimated in millions. For the help to victims in the USA there is a state system of insurance on an industrial traumatism. Insurance on an industrial traumatism provides payment of allowances and rendering of medical aid by the victim and to their families.
Unlike the state system of a labor safety insurance on an industrial traumatism almost entirely is in arms of states, and the federal government bears responsibility only for three small programs in this sphere. The given kind of insurance consists of 50 independent programs of states and several special federal programs. In 1999 by insurance upon accidents on manufacture and occupational diseases it has been captured 124 million persons. Main principles of insurance are identical on all country, but there are appreciable variations in legislations of states – in definition of the sum of grants, ways of administrative adjustment, distribution by the nature of employment and in other details.
There are three federal programs. The first covers civil workers of the federal government; the second – loaders and port worker as they are considered being out of jurisdiction of separate states; the third – the specialized federal program providing the monthly monetary help to miners, become by invalids owing to disease pneumonia, or illness "black lungs", and also to dependents and the relatives who have remained after their death. Federal programs are in conducting the Ministry of Labour of the USA, and over programs of states the commissions on insurance of an industrial traumatism or special sectionings of departments of work in states usually supervise. Indemnification cost on an industrial traumatism in all states becomes covered by insurance payments of businessmen.
In the USA the first law on insurance on an industrial traumatism has been accepted in 1908 (the law on insurance of federal workers). According to it the limited allowances were given to those categories of federal workers which performed work with the raised risk level. The first laws on insurance on an industrial traumatism have been accepted in 1911 by nine states, and by 1920 only eight states had no such legislation. Only on January, 1st, 1949 last staff, Mississipi, has accepted the program of protection of the workers who have lost working capacity on manufacture.
To the statement of the program of the state insurance on an industrial traumatism excitation of the claim against the businessman who has admitted negligence and caused injury was unique way of reception of the monetary help both for the suffered workers, and for the families which have lost the supporter. However the success of such claims surveyed in courts on the basis of a so-called common law, was rather doubtful.
The common law inherited from England, is the case law based on decisions of the courts, instead of on written statuses. Differently, it is the law framed by judges, instead of a legislature. Thereof, for lack of written statutes of the right of workers were substantially in arms of conservative judicial corporation of that time. Judges gave to businessmen the whole set of legislative protection frames against claims about the deliberate injury, raised by the suffered workers.
It was necessary not only to prove to the worker that the businessman is guilty of accident as it usually for affairs about deliberate injury, but in addition to break through judicial-legal doctrines like the following: own negligence, negligence of the fellow worker, nonacceptance in attention of existing risk. Finally, these demands have been taken as a principle current system of insurance on an industrial traumatism. In all these cases if the court considered that there was any share of fault of the worker, it couldn’t receive any indemnification even if thus there was also any degree of negligence of the businessman who has not provided to the right degree safety of work of the worker.
As a result, according to the American experts, about the seven eighth victims on work remained without any indemnification.
Such position changed gradually. Under the pressure of the public opinion excited by egregious examples of a traumatism and destruction of workers on manufacture, judges, at least, in some states, began to reject usual arguments of protection of businessmen, and workers could win increasing quantity of claims against manufacturers. The last have immediately felt financial burden of these changes as the insurance companies have immediately raised tariffs for insurance upon accidents. Besides, the sizes of indemnification which businessmen on a judgement have been obliged to pay to victims, were unpredictable, sometimes very large.
All these circumstances have led to that the idea of creation of the ordered and predicted system of insurance on an industrial traumatism has been recognized by many businessmen, and they even have started to lobby laws on insurance upon accidents on manufacture. However in exchange representatives of business rigidly insisted on two conditions: an establishment of a limit of compensatory payments to the victim and refusal of the last of the right to raise claims in courts about deliberate negligence of businessmen. Finally, these demands have been taken as a principle current laws of states on insurance on an industrial traumatism.
Thus, now the fundamental principle of insurance on an industrial traumatism consists that monetary payments and health services are given without finding-out of any degree of fault as the businessman, and the worker. The program isn’t bound to search of the fault, the guilty person, the organization.
Essence of insurance on an industrial traumatism – social protection of workers, instead of punishment someone. It assigns burden of payments to businessmen, but it is surveyed as a manufacture part, instead of as a certain penalty. Thus, the businessmen participating in insurance, take up cost of payment of an industrial traumatism even if they it is perfect in it aren’t guilty and even if business in negligence of workers. The innocence principle, despite it, is important for businessmen as, being innocent, they aren’t subject to judicial claims about injury drawing.
In practice in the United States still there is a big field for judicial and other legal stocks in the field of insurance on an industrial traumatism. There are many cases of refusal of businessmen or the insurance companies to pay full indemnification in disputable claims, and also delays of payments. Other private source of a reference to the court is the area of occupational diseases, especially when passes a lot of time, 25 – 30 years, between the first contact with chemical agents on manufacture and occurrence of lethal illness. Owners of the enterprise can be accused of these cases on court not as employers, and as businessmen.
The concept not account fault doesn’t mean that businessmen as they take up insurance payments, are free from a duty to provide safety on workplaces. The raised level of the insurance payments bound to dangerous works, indirectly forces the businessman to provide a labor safety. But besides, corresponding strict rules under safety precautions are entered by federal laws and laws of states on a labor safety practically on all works of the raised risk, and businessmen are subject civil and even to criminal punishments for their non-observance.
Thus, the principle not account fault concerns only area of insurance indemnifications and doesn’t operate there where responsibility for safety precautions observance is established.
