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When to Start a Fight and When to Fight Back: Liability Disputes in the Workers' Compensation System

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Listed author(s):
  • David Card
  • Brian P. McCall

Abstract

Contrary to the original intention of no-fault workers' compensation laws, employers deny liability for a substantial fraction of on-the-job injuries. We develop and estimate a simple structural model that explains the high rate of litigation as a consequence of asymmetric information. We estimate the model using data for a large sample of back injuries in Minnesota. Simulations under the counterfactual assumption that all denied workers pursue their claims suggest that the strategic incentive accounts for 30%-40% of observed liability disputes. (c) 2009 by The University of Chicago.

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File URL: http://dx.doi.org/10.1086/598349
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Article provided by University of Chicago Press in its journal Journal of Labor Economics.

Volume (Year): 27 (2009)
Issue (Month): 2 (04)
Pages: 149-178

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Handle: RePEc:ucp:jlabec:v:27:y:2009:i:2:p:149-178
Contact details of provider: Web page: http://www.journals.uchicago.edu/JOLE/

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Find related papers by JEL classification:
  • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
  • J28 - Labor and Demographic Economics - - Demand and Supply of Labor - - - Safety; Job Satisfaction; Related Public Policy

References listed on IDEAS
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  1. Peter S. Barth & H. Allan Hunt, 1980. "Workers' Compensation and Work-Related Illnesses and Diseases," Books from Upjohn Press, W.E. Upjohn Institute for Employment Research, number psbhah1980.
  2. David Card & Brian P. McCall, 1996. "Is Workers' Compensation Covering Uninsured Medical Costs? Evidence from the “Monday Effectâ€," ILR Review, Cornell University, ILR School, vol. 49(4), pages 690-706, July.
  3. Meyer, Bruce D & Viscusi, W Kip & Durbin, David L, 1995. "Workers' Compensation and Injury Duration: Evidence from a Natural Experiment," American Economic Review, American Economic Association, vol. 85(3), pages 322-340, June.
  4. Barry Nalebuff, 1987. "Credible Pretrial Negotiation," RAND Journal of Economics, The RAND Corporation, vol. 18(2), pages 198-210, Summer.
  5. Kreider, Brent, 1999. "Social Security Disability Insurance: Applications, Awards, and Lifetime Income Flows," Journal of Labor Economics, University of Chicago Press, vol. 17(4), pages 784-827, October.
  6. Krueger, Alan B., 1990. "Incentive effects of workers' compensation insurance," Journal of Public Economics, Elsevier, vol. 41(1), pages 73-99, February.
  7. Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
  8. Gourieroux, Christian & Monfort, Alain & Renault, Eric & Trognon, Alain, 1987. "Generalised residuals," Journal of Econometrics, Elsevier, vol. 34(1-2), pages 5-32.
  9. Evangelos M. Falaris & Charles R. Link & Michael E. Staten, 1995. "Causes of Litigation in Workers' Compensation Programs," Books from Upjohn Press, W.E. Upjohn Institute for Employment Research, number clwc.
  10. Cooter, Robert D & Rubinfeld, Daniel L, 1989. "Economic Analysis of Legal Disputes and Their Resolution," Journal of Economic Literature, American Economic Association, vol. 27(3), pages 1067-1097, September.
  11. Price V. Fishback & Shawn Everett Kantor, 2000. "A Prelude to the Welfare State: The Origins of Workers' Compensation," NBER Books, National Bureau of Economic Research, Inc, number fish00-1, June.
  12. Manski, Charles F & Lerman, Steven R, 1977. "The Estimation of Choice Probabilities from Choice Based Samples," Econometrica, Econometric Society, vol. 45(8), pages 1977-1988, November.
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Cited by:

  1. Henri Fraisse & Francis Kramarz & Corinne Prost, 2015. "Labor Disputes and Job Flows," ILR Review, Cornell University, ILR School, vol. 68(5), pages 1043-1077, October.
  2. Fraisse, H. & Kramarz, F. & Prost, C., 2009. "Labor Court Inputs, Judicial Cases Outcomes and Labor Flows: Identifying Real EPL," Working papers 256, Banque de France.

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