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Workers' compensation
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Dangerous tasks are common in the construction workplace
Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue their employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain". One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that, and thus to ensure security of compensation to the workers. Individual immunity is the necessary corollary to collective liability.
While plans differ among jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment (functioning in this case as a form of life insurance).
General damage for pain and suffering, and punitive damages for employer negligence, are generally not available in workers' compensation plans, and negligence is generally not an issue in the case. These laws were first enacted in Europe and Oceania, with the United States following shortly thereafter.
Contents
[hide]
1 Common-law remedies
2 Statutory compensation law
3 By nation
3.1 Australia
3.2 Brazil
3.3 Canada
3.4 Germany
3.5 India
3.6 Japan
3.7 Malaysia
3.8 Mexico
3.9 New Zealand
3.10 United Kingdom
3.11 United States
3.11.1 State workers' compensation laws
3.11.2 Privatization
3.11.3 Federal workers' compensation laws
3.11.4 Alternate forms of statutory compensation
3.11.5 Workers' compensation fraud
4 See also
5 References
6 External links
Common-law remedies[edit]
Common law imposes obligations on employers to provide a safe workplace, provide safe tools, give warnings of dangers, provide adequate co-worker assistance (fit, trained, suitable "fellow servants") so that the worker is not overburdened, and promulgate and enforce safe work rules.[1]
Claims under the common law for worker injury are limited by three defenses afforded employers:
The Fellow Servant Doctrine is that employer can be held harmless to the extent that injury was caused in whole or in part by a peer of the injured worker.
Contributory negligence allows an employer to be held harmless to the extent that the injured employee failed to use adequate precautions required by ordinary prudence.
Assumption of risk allows an employer to be held harmless to the extent the injured employee voluntarily accepted the risks associated with the work.[1]
Statutory compensation law[edit]
Workers' compensation statutes are intended to eliminate the need for litigation and the limitations of common law remedies by having employees give up the potential for pain- and suffering-related awards, in exchange for not being required to prove tort (legal fault) on the part of their employer. Designed to ensure employees who are injured or disabled on the job are not required to cover medical bills related to their on-the-job injury, the laws provide employees with monetary awards to cover loss of wages directly related to the accident as well as to compensate for permanent physical impairments.
The laws also provide benefits for dependents of those workers who are killed in work-related accidents or illnesses. Some laws also protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by eliminating the liability of co-workers in most accidents. US state statutes establish this framework for most employment. US federal statutes are limited to federal employees or to workers employed in some significant aspect of interstate commerce.[2]
By nation[edit]
Australia[edit]
As Australia experienced a relatively influential labour movement in the late 19th and early 20th century, statutory compensation was implemented very early in Australia. Each territory has its own legislation and its own governing body.
A typical example is Work Safe Victoria, which manages Victoria's workplace safety system. Its responsibilities include helping employees avoid workplace injuries occurring, enforcement of Victoria's occupational and safety laws, provision of reasonably priced workplace injury insurance for employers, assisting injured workers back into the workforce, and managing the workers' compensation scheme by ensuring the prompt delivery of appropriate services and adopting prudent financial practices.[3]
Compensation law in New South Wales has recently (2013) been overhauled by the state government. In a push to speed up the process of claims and to reduce the amount of claims, a threshold of 11% WPI (whole person impairment) was implemented.
Workers' compensation regulators for each of the states and territories are as follows:[4]
Australian Capital Territory – Work Safe Act
New South Wales – State Insurance Regulatory Authority (formerly WorkCover NSW)
Northern Territory – NT Work Safe
Queensland – The Workers' Compensation Regulator (formerly Q-COMP)
South Australia – ReturnToWork SA (from 1 July 2015)
Tasmania – WorkCover Tasmania
Victoria – WorkSafe Victoria
Western Australia – WorkCover WA
Every employer must comply with the state, territory or commonwealth legislation, as listed below, which applies to them:
Federal legislation - Safety, Rehabilitation and Compensation Act 1988[5]
New South Wales - Workers Compensation Act 1987[6] and the Workplace Injury Management and Workers Compensation Act 1998[7]
Northern Territory - Work Health and Safety (National Uniform Legislation) Regulations[8]
Australian Capital Territory - Workers Compensation Act 1951[9]
Queensland - Workers Compensation and Rehabilitation Act 2003[10]
South Australia - Workers Rehabilitation and Compensation Act 1986[11]
Tasmania - Workers Rehabilitation and Compensation Act 1988[12]
Victoria - Workplace Injury Rehabilitation and Compensation Act 2013[13]
Western Australia - Workers Compensation and Injury Management Act 1981[14]
Brazil[edit]
The National Social Insurance Institute (in Portuguese, Instituto Nacional do Seguro Social – INSS) provides insurance for those who contribute. It is a public institution that aims to recognize and grant rights to its policyholders. The amount transferred by the INSS is used to replace the income of the worker taxpayer, when he or she loses the ability to work, due to sickness, disability, age, death, involuntary unemployment, or even pregnancy and imprisonment. During the first 15 days the worker's salary is paid by the employer and after that by the INSS, as long as the inability to work lasts. Although the worker's income is guaranteed by the INSS, the employer is still responsible for any loss of working capacity, temporary or permanent, when found negligent or when its economic activity involves risk of accidents or developing labour related diseases.
Canada[edit]
Workers' compensation was Canada's first social program to be introduced as it was favored by both workers' groups and employers hoping to avoid lawsuits. The system arose after an inquiry by Ontario Chief Justice William Meredith who outlined a system in which workers were to be compensated for workplace injuries, but must give up their right to sue their employers. It was introduced in the various provinces at different dates. Ontario was first in 1915, Manitoba in 1916, and British Columbia in 1917. It remains a provincial responsibility and thus the rules vary from province to province. In some provinces, such as Ontario's Workplace Safety and Insurance Board, the program also has a preventative role ensuring workplace safety. In British Columbia, the occupational health and safety mandate (including the powers to make regulation, inspect and assess administrative penalties) is legislatively assigned to the Workers' Compensation Board of British Columbia WorkSafeBC. In most provinces the workers' compensation board or commission remains concerned solely with insurance. The workers' compensation insurance system in every province is funded by employers based on their payroll, industry sector and history of injuries (or lack thereof) in their workplace (usually referred to as "experience rating").
Germany[edit]
Main article: Worker's compensation (Germany)
The German worker's compensation law of 6 July 1884,[15] initiated by Chancellor Otto von Bismarck,[16][17] was passed only after three attempts and was the first of its kind in the world.[18] Similar laws passed in Austria in 1887, Norway in 1894, and Finland in 1895.[19]
The law paid indemnity to all private wage earners and apprentices, including those who work in the agricultural and horticultural sectors and marine industries, family helpers and students with work-related injuries, for up to 13 weeks. Workers who are totally disabled get continued benefits at 67 percent after 13 weeks, paid by the accident funds, financed entirely by employers.
The German compensation system has been taken as a model for many nations.
India[edit]
Main article : The Workmen's Compensation Act 1923
The Indian worker's compensation law 1923 was introduced on 5 March 1923. It includes Employer's liability compensation, amount of compensation.
Japan[edit]
Main article: Workers' accident compensation insurance (Japan)
Workers' accident compensation insurance is paired with unemployment insurance and referred to collectively as labour insurance.[20][21] Workers' accident compensation insurance is managed by the Labor Standards Office.[22]
Malaysia[edit]
The Workmen's Compensation Act 1952[23] is modelled on the United Kingdom's Workmen's Compensation Act 1906. Adopted before Malaysia's independence from the UK, it is now used only by non-Malaysian workers, since citizens are covered by the national social security scheme.
Mexico[edit]
Main article: Worker's compensation (Mexico)
The Mexican Constitution of 1917 defined the obligation of employers to pay for illnesses or accidents related to the workplace. It also defined social security as the institution to administer the right of workers, but only until 1943 was the Mexican Social Security Institute created (IMSS). Since then, IMSS manages the Work Risks Insurance in a vertically integrated fashion: registration of workers and firms, collection, classification of risks and events, and medical and rehabilitation services. A reform in 1997 defined that contributions are related to the experience of each employer. Public sector workers are covered by social security agencies with corporate and operative structures similar to those of IMSS.
New Zealand[edit]
In New Zealand, all companies that employ staff and in some cases others, must pay a levy to the Accident Compensation Corporation, a Crown Entity, which administers New Zealand's universal no-fault accidental injury scheme. The scheme provides financial compensation and support to citizens, residents, and temporary visitors who have suffered personal injuries.
United Kingdom[edit]
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Great Britain followed the German model. Joseph Chamberlain, leader of the Liberal Unionist party and coalition with the Conservatives, designed a plan that was enacted under the Salisbury government in 1897. the Workmen's Compensation Act 1897 was a key domestic achievement. It served its social purpose at no cost to the government, since compensation was paid for by insurance which employers were required to take out. The system operated from 1897 to 1946.[24] It was expanded to include industrial diseases by the Workmen's Compensation Act 1906 and replaced by a state compensation scheme under the National Insurance (Industrial Injuries) Act 1946. Since 1976, this state scheme has been set out in the UK's Social Security Acts.
Work related safety issues in the UK are supervised by the Health and Safety Executive (HSE) who provide the framework by which employers and employees are able to comply with statutory rules and regulations.[25]
With the exception of the following, all employers are obliged to purchase compulsory Employer's Liability Insurance in accordance with the Employer's Liability (Compulsory Insurance) Act 1969. The current minimum limit of indemnity required is £5,000,000 per occurrence. Market practice is to usually provide a minimum £10,000,000 with inner limits to £5,000,000 for certain risks, e.g. workers on oil rigs and acts of terrorism.
These employers do not require Employer's Liability Insurance:
local authorities (other than parish councils)
joint boards or committees whose members include members of local authorities
police authorities
nationalised industries or their subsidiaries
certain bodies which are financed out of public funds
employers of crews on offshore installations, ships or hovercraft, if they are covered instead with a mutual insurance association of ship owners or ship owners and others
a health service body or NHS Trust[26]
"Employees" are defined as anyone who has entered into or works under a contract of service or apprenticeship with an employer. The contract may be for manual labour, clerical work or otherwise, it may be written or verbal and it may be for full-time or part-time work.
These persons are not classed as employees and, therefore, are exempt:
persons who are not employees (for example independent contractors who are not the employees of the person engaging them)
people employed in any activity which is not a business (such as domestic servants)
people who are related to the employer – husband, wife, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother sister, half-brother or half-sister
people who are not normally resident in the United Kingdom and who are working there for fewer than 14 consecutive days.
Employees need to establish that their employer has a legal liability to pay compensation. This will principally be a breach of a statutory duty or under the tort of negligence. In the event that the employer is insolvent or no longer in existence, compensation can be sought directly from the insurer under the terms of the Third Parties (Rights against Insurers) Act 2010.
For the history of worker's compensation in the UK, see Workmen's Compensation Act 1897 and following.
United States[edit]
In 1855, Georgia and Alabama passed Employer Liability Acts; 26 other states passed similar acts between 1855 and 1907. Early laws permitted injured employees to sue the employer and then prove a negligent act or omission.[27][28] (A similar scheme was set forth in Britain's 1880 Act.[29])
The first statewide worker's compensation law was passed in Maryland in 1902, and the first law covering federal employees was passed in 1906.[30] (See: FELA, 1908; FECA, 1916; Kern, 1918.) By 1949, every state had enacted a workers' compensation program.[31]
At the turn of the 20th century workers' compensation laws were voluntary.[citation needed] An elective law made passage easier and some argued that compulsory workers' compensation laws would violate the 14th amendment due process clause of the U.S. Constitution.[citation needed] Since workers' compensation mandated benefits without regard to fault or negligence, many felt that compulsory participation would deprive the employer of property without due process.[citation needed] The issue of due process was resolved by the United States Supreme Court in 1917 in New York Central Railway Co. v. White which held that an employer's due process rights were not impeded by mandatory workers' compensation.[32] After the ruling many states enacted new compulsory workers' compensation laws.[citation needed]
In the United States, most employees who are injured on the job receive medical care responsive to the workplace injury, and, in some cases, payment to compensate for resulting disabilities.[citation needed] Generally, an injury that occurs when an employee is on his or her way to or from work does not qualify for worker's compensation benefits; however, there are some exceptions if your responsibilities demand that you be in multiple locations, or stay in the course of your employment after work hours.[33]
Insurance policies are available to employers through commercial insurance companies: if the employer is deemed an excessive risk to insure at market rates, it can obtain coverage through an assigned-risk program.[citation needed] In many states, there are public uninsured employer funds to pay benefits to workers employed by companies who illegally fail to purchase insurance.[citation needed]
Various organizations focus resources on providing education and guidance to workers' compensation administrators and adjudicators in various state and national workers' compensation systems. These include the American Bar Association (ABA), the International Association of Industrial Accident Boards and Commissions (IAIABC),[34] the National Association of Workers' Compensation Judiciary (NAWCJ),[35] and the Workers Compensation Research Institute.[36]
In the United States, according to the Bureau of Labor Statistics' 2010 National Compensation Survey, workers' compensation costs represented 1.6% of employer spending overall, although rates varied significantly across industry sectors. For instance, workers' compensation accounted for 4.4% of employer spending in the construction industry, 1.8% in manufacturing and 1.3% in services.[37]
Clinical outcomes for patients with workers' compensation tend to be worse compared to those non-workers' compensation patients among those undergoing upper extremity surgeries, and have found they tend to take longer to return to their jobs and tend to return to work at lower rates. Factors that might explain this outcome include this patient population having strenuous upper extremity physical demands, and a possible financial gain from reporting significant post-operative disability.[38]
State workers' compensation laws[edit]
As each state within the United States has its own workers' compensation laws, the circumstances under which workers' compensation is available to workers, the amount of benefits that a worker may receive, and the duration of the benefits paid to an injured worker, vary by state.[39] The workers' compensation system is administered on a state-by-state basis, with a state governing board overseeing varying public/private combinations of workers' compensation systems.[citation needed] The names of such governing boards, or "quasi-judicial agencies," vary from state to state, many being designated as "workers' compensation commissions". In North Carolina, the state entity responsible for administering the workers' compensation system is referred to as the North Carolina Industrial Commission[40]
In a majority of states, workers' compensation is solely provided by private insurance companies.[41] Twelve states operate state funds (that serve as models to private insurers and insures state employees), and a handful of states have state-owned monopoly insurance providers.[42] To keep state funds from crowding out private insurers, the state funds may be required to act as assigned-risk programs or insurers of last resort for businesses that cannot obtain coverage from a private insurer.[43] In contrast, private insurers can turn away the worst risks and may also write comprehensive insurance packages covering general liability, natural disasters, and other forms of insurance coverage.[44] Of the twelve state funds, the largest is California's State Compensation Insurance Fund.
Underreporting of injuries is a significant problem in the workers' compensation system.[45] Workers, fearing retaliation from their employers, may avoid reporting injuries incurred on the job and instead seek treatment privately, bearing the cost themselves or passing these costs on to their health insurance provider – an element in the increasing cost of health insurance nationwide.[46]
In all states except Georgia and Mississippi, it is illegal for an employer to terminate or refuse to hire an employee for having reported a workplace injury or filed a workers' compensation claim.[47] However, it is often not easy to prove discrimination on the basis of the employee's claims history.[citation needed] To abate discrimination of this type, some states have created a "subsequent injury trust fund" which will reimburse insurers for benefits paid to workers who suffer aggravation or recurrence of a compensable injury.[citation needed] It is also suggested that laws should be made to prohibit inclusion of claims history in databases or to make it anonymous.[citation needed] (See privacy laws.)
Although workers' compensation statutes generally make the employer completely immune from any liability (such as for negligence) above the amount provided by the workers' compensation statutory framework, there are exceptions. In some states, like New Jersey, an employer can still be held liable for larger amounts if the employee proves the employer intentionally caused the harm,[48] while in other states, like Pennsylvania,[49] the employer is immune in all circumstances, but other entities involved in causing the injury, like subcontractors or product manufacturers, may still be held liable.
If a workers' compensation claim is denied, for example because an employer or employee fail to follow proper procedures when reporting the injury or if the insurance company does not believe the claim, the injured worker may appeal the denial.[50][51] Some employers and insurance companies vigorously contest employee claims for workers' compensation payments.[citation needed] Injured workers may be able to get help with their claims from state agencies or by retaining a workers' compensation lawyer.[52] Laws in many states limit a claimant's legal expenses to a certain fraction of an award; such "contingency fees" are payable only if the recovery is successful. In some states this fee can be as high as 40% or as little as 11% of the monetary award recovered, if any.[39]
In the vast majority of states, original jurisdiction over workers' compensation disputes has been transferred by statute from the trial courts to special administrative agencies.[53] Within such agencies, disputes are usually handled informally by administrative law judges. Appeals may be taken to an appeals board and from there into the state court system. However, such appeals are difficult and are regarded skeptically by most state appellate courts, because the point of workers' compensation was to reduce litigation. A few states still allow the employee to initiate a lawsuit in a trial court against the employer. For example, Ohio allows appeals to go before a jury.[54]
The California Constitution, Article XIV section 4, sets forth the intent of the people to establish a system of workers' compensation.[55] This section provides the Legislature with the power to create and enforce a complete system of workers' compensation and, in that behalf, create and enforce a liability on the part of any or all employers to compensate any or all of their employees for injury or disability, and their dependents, for death incurred or sustained by said employees in the course of their employment, irrespective of the fault of any employee. Further, the Constitution provides that the system must accomplish substantial justice in all cases expeditiously, inexpensively, and without incumbrance of any character. It was the intent of the people of California when they voted to amend the state constitution in 1918, to require the Legislature to establish a simple system that guaranteed full provision for adequate insurance coverage against liability to pay or furnish compensation. Providing a full provision for regulating such insurance coverage in all its aspects, including the establishment and management of a State compensation insurance fund; full provision for otherwise securing the payment of compensation; and full provision for vesting power, authority and jurisdiction in an administrative body with all the requisite governmental functions to determine any dispute or matter arising under such legislation, in that the administration of such legislation accomplish substantial justice in all cases expeditiously, inexpensively, and without encumbrance of any character. All of which matters is the people expressly declared to be the social public policy of this State, binding upon all departments of the State government.[56]
Texas allows employers to opt out of the workers' compensation system, with those employers who do not purchase workers' compensation insurance being called nonsubscribers.[57] However, those employers, known as non-subscribers, are exposed to legal liability in the event of employee injury. The employee must demonstrate that employer negligence caused the injury; if the employer does not subscribe to workers' compensation, the employer loses their common law defense of contributory negligence, assumption of the risk, and the fellow employee doctrine.[58] If successful, the employee can recover their full common law damages, which are more generous than workers' compensation benefits.
In 1995, 44% of Texas employers were nonsubscribers, while in 2001 the percentage was estimated to be 35%.[57] The industry advocacy group Texas Association of Business Nonsubscription claims that nonsubscribing employers have had greater satisfaction ratings and reduced expenses when compared to employers enrolled in the workers' compensation system.[59] A research survey by Texas's Research and Oversight Council on Workers' Compensation found that 68% of non-subscribing employers and 60% of subscribing employers—a majority in both cases—were satisfied with their experiences in the system, and that satisfaction with nonsubscription increased with the size of the firm; but it stated that further research was needed to gauge satisfaction among employees and to determine the adequacy of compensation under nonsubscription compared to subscription.[57] In recent years, the Texas Supreme Court has been limiting employer duties to maintain employee safety, limiting the remedies received by injured workers.
Privatization[edit]
In recent years, workers' compensation programs in West Virginia and Nevada were successfully privatised, through mutualisation, in part to resolve situations in which the programs in those states had significantly underfunded their liabilities.[citation needed] Only four states rely on entirely state-run programs for workers' compensation: North Dakota, Ohio, Washington, and Wyoming.[60] Many other states maintain state-run funds but also allow private insurance companies to insure employers and their employees, as well.[60]
Federal workers' compensation laws[edit]
See also: Federal Employers Liability Act, Federal Employees' Compensation Act, and Office of Workers' Compensation Programs
The federal government has its own workers' compensation program, subject to its own requirements and statutory parameters for federal employees.[citation needed] The federal government pays its workers' compensation obligations for its own employees through regular appropriations.[citation needed]
Alternate forms of statutory compensation[edit]
Employees of common carriers by rail have a statutory remedy under the Federal Employers' Liability Act, 45 U.S.C. sec. 51, which provides that a carrier "shall be liable" to an employee who is injured by the negligence of the employer. To enforce his compensation rights, the employee may file suit in United States district court or in a state court. The FELA remedy is based on tort principles of ordinary negligence and differs significantly from most state workers' compensation benefit schedules.
Seafarers employed on United States vessels who are injured because of the owner's or the operator's negligence can sue their employers under the Jones Act, 46 U.S.C. App. 688., essentially a remedy very similar to the FELA one.
Dock workers and other maritime workers, who are not seafarers working aboard navigating vessels, are covered by the Federal Longshore and Harbor Workers' Compensation Act, known as US L&H.
Workers' compensation fraud[edit]
Workers' compensation fraud can be committed by doctors, lawyers, employers, insurance company employees and claimants, and may occur in both the private and public sectors.[61]
The topic of workers' compensation fraud is highly controversial, with claimant supporters arguing that fraud by claimants is rare—as low as one-third of one percent,[62] others focusing on the widely reported National Insurance Crime Bureau statistic that workers' compensation fraud accounts for $7.2 billion in unnecessary costs,[63] and government entities acknowledging that "there is no generally accepted method or standard for measuring the extent of workers' compensation fraud ... as a consequence, there are widely divergent opinions about the size of the problem and the relative importance of the issue."[64]
According to the Coalition Against Insurance Fraud, tens of billions of dollars in false claims and unpaid premiums are stolen in the U.S. alone every year.[65]
The most common forms of workers' compensation fraud by workers are:
Remote injury. Workers get injured away from work, but say they were hurt on the job so that their workers' compensation policy will cover the medical bills.
Inflating injuries. A worker has a fairly minor job injury, but lies about the magnitude of the injury in order to collect more workers' compensation money and stay away from work longer.
Faking injuries. Workers fabricate an injury that never took place, and claim it for workers' compensation benefits.[66]
Old injury. A worker with an old injury that never quite healed claims it as a recent work injury in order to get medical care covered.
Malingering. A worker stays home by pretending the disability is ongoing when it is actually healed.
Failure to Disclose. A worker knowingly, or unknowingly, makes a false statement or representation about their injury.[67]
The most common forms of workers' compensation fraud by employers are:
Underreporting payroll. An employer reports that workers are paid less than they actually are in order to lower their premiums.
Inflating experience. An employer claims workers are more experienced than they actually are in order to make them seem less risky and therefore less expensive to cover.
Evasion. An employer fails to obtain workers' compensation for their employees when it is required by law. Workers are often deceived into thinking they are covered when they are not.[68]
Through the introduction of "opt-out plans" that are governed by the federal Employee Retirement Income Security Act, or ERISA, which is regulated by the Labor Department. The "opt-out plans"provide lower and fewer payments, make it more difficult to qualify for benefits, control access to doctors and limit independent appeals of benefits decisions.[69]
See also[edit]
Organized labour portal
Advocates for Injured Workers (AIW)
Albro v. Agawam Canal Co.
Compensation of employees
Experience modifier
Federal Employers Liability Act (US)
History of the United States (1865–1918): Labor and management
Independent medical examination
Injury cover
Labor power
Labour law
List of United States federal legislation
List of US workers' compensation insurers
Living wage
National Council on Compensation Insurance
Subpoena duces tecum
Transferable Skills Analysis
Uninsured Employer
Worker's compensation Germany
Workingmen's Compensation Act (Kern–McGillicuddy Act) (US)
Workmen's Compensation Act 1897 (UK)
Workers Compensation Act 1987
Workers' compensation employer defense
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Jump up ^ Lipscomb, Hector J. (25 Oct 2012). "Safety, incentives, and the reporting of work-related injuries among union carpenters: "You're pretty much screwed if you get hurt at work"". American Journal of Industrial Medicine. 56 (4): 388–389. Retrieved 6 May 2017.
Jump up ^ Sawyers, Bryan (2012). "The Inconvenient Worker–Can Mississippi's Public Policy Exceptions to the Employment-At-Will Doctrine be Expanded to Encompass the Exercise of Workers' Compensation Rights?" (PDF). Mississippi Law Journal. 81 (6): 1563–1596. Retrieved 6 May 2017.
Jump up ^ "Millison v. E.I. du Pont de Nemours & Co., 101 N.J. 161, 174, 501 A.2d 505 (1985)". Google Scholar. Google. Retrieved 31 August 2017.
Jump up ^ "Pennsylvania Workers Compensation Act". PA.gov. Commonwealth of Pennsylvania. Retrieved 31 August 2017.
Jump up ^ "If Your Claim is Denied". State of Nevada Department of Business & Industry. State of Nevada. Retrieved 23 November 2017.
Jump up ^ "Employees' Guide to Appealing A Workers' Compensation Claim Denial". Labor Commission. State of Utah. Retrieved 23 November 2017.
Jump up ^ "Workers' Compensation Overview". Legal Aid at Work. Retrieved 31 August 2017.
Jump up ^ "Social Security Programs in the United States" by DIANE Publishing Company, p.34 books.google.com
Jump up ^ See Ohio Rev. Code Section 4123.512.
Jump up ^ "California Constitution, Art. XIV, Sec. 4". California Legislative Information. State of California. Retrieved 5 May 2017.
Jump up ^ O'Brien, David W. (Oct 1993). California Workers' Compensation Claims & Benefits (9 Spi ed.). Michie Butterworth. ISBN 978-0250472246.
^ Jump up to: a b c "A Study of Nonsubscription to the Texas Workers' Compensation System". Texas Department of Insurance. State of Texas. Retrieved 6 May 2017.
Jump up ^ "Texas Labor Code Sec. 406.033(a)".
Jump up ^ Texas Association of Business Nonsubscription
^ Jump up to: a b "Workers' Compensation Law - State by State Comparison". NFIB. 2017-06-09. Retrieved 2017-11-21.
Jump up ^ "Workers' Compensation Fraud". Los Angeles County District Attorney's Office. Retrieved 7 February 2014.
Jump up ^ Cullen, Lisa. "The Myth of Workers' Compensation Fraud". Public Broadcasting System (PBS). Retrieved 7 February 2014.
Jump up ^ "Risk Control" (PDF). Travelers Indemnity Company.
Jump up ^ McBirnie, Thomas J. "Report On The Workers' Compensation Anti-Fraud Program". California Commission on Health and Safety and Workers' Compensation. Retrieved 7 February 2014.
Jump up ^ Quiggle, James. "Worker's Compensation Fraud". Coalition Against Insurance Fraud. Retrieved 27 February 2013.
Jump up ^ Wertz, Keith (2000). Managing Worker's Compensation: A Guide to Injury Reduction. CRC press. p. 207.
Jump up ^ Spellman, Frank (2016). Occupational Safety and Health Simplified for the Industrial Workplace. London, U.K.: Bernan Press. p. 57. ISBN 978-1-59888-809-6.
Jump up ^ Oliphant, Keith (2012). Employers' Liability and Workers' Compensation. Walter de Gruyter. p. 482.
Jump up ^ "Labor Secretary Calls Workers' Comp Opt-Out Plans A 'Pathway To Poverty'". NPR.org. Retrieved 2016-03-27.
External links[edit]
United States Department of Labor
Center for Workers' Compensation Studies at the U.S. National Institute for Occupational Safety and Health
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text:
Me and Bobby McGee
From Wikipedia, the free encyclopedia
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For the album entitled Me and Bobby McGee, see Kristofferson (album).
"Me and Bobby McGee"
Single by Roger Miller
from the album Roger Miller 1970
Released
July 1969
Format
7"
Recorded
May 16, 1969
Genre
Country
Length
4:02
Label
BNA 69035
Songwriter(s)
Kris Kristofferson
Fred Foster
Producer(s)
Jerry Kennedy
Roger Miller singles chronology
"Vance"
(1969) "Me and Bobby McGee"
(1969) "Where Have All the Average People Gone"
(1969)
"Me and Bobby McGee" is a song written by American singer-songwriter Kris Kristofferson and songwriter Fred Foster, originally performed by Roger Miller. A posthumously-released version by Janis Joplin topped the U.S. singles chart in 1971, making the song the second posthumously released No. 1 single in U.S. chart history after "(Sittin' On) The Dock of the Bay" by Otis Redding. Billboard ranked Joplin's version as the No. 11 song for 1971.
Other recordings of the song include those by Waylon Jennings, Grateful Dead, Kristofferson himself,[1] Kenny Rogers and The First Edition, Gordon Lightfoot, and Miranda Lambert.
Contents
1 History
2 Narrative
3 Recordings and notable performances
4 Chart performance
4.1 Roger Miller version
4.2 Janis Joplin version
4.2.1 Weekly singles charts
4.2.2 Year-end charts
5 Selected list of recorded versions
6 References
7 External links
History[edit]
The suggestion for the title came from producer and Monument Records founder Fred Foster.[1] Kristofferson did not write the song for Joplin, but it became strongly associated with her after her death.[2]
Narrative[edit]
The song is the story of two drifters, the narrator and their love, Bobby McGee. The couple hitch a ride from a truck driver and sing as they drive through the American south. They visit California and then part ways, with the song's narrator expressing sadness afterwards. Due to the singers name never being mentioned and the name "Bobby" being easily identifiable to both sexes, the song has been recorded by both many male and/or female vocal singers with no need to amend any lyrical content.
Recordings and notable performances[edit]
"Me and Bobby McGee"
Single by Janis Joplin
from the album Pearl
B-side
"Half Moon"
Released
January 11, 1971 (1971-01-11)
Recorded
September 5 - October 1, 1970
Genre
Blues rock, country rock
Length
4:33
Label
Columbia
Songwriter(s)
Kris Kristofferson, Fred Foster
Producer(s)
Paul A. Rothchild
Roger Miller was the first artist to record the song and it appeared at No. 12 on the U.S. country chart in 1969.[citation needed] Gordon Lightfoot's version hit No. 13 on the pop music chart and No. 1 country music chart in his native country of Canada in 1970.[citation needed] The song was included on a Statler Brothers album but was not released as a single.
Kenny Rogers and The First Edition recorded the song (with Rogers on lead vocals) and released it on their album Ruby, Don't Take Your Love To Town in 1969.
Joplin recorded the song for inclusion on her Pearl album only a few days before her death in October 1970. Studio musician Stephen Ryder manned the keyboard for that session, and famously "Got a little carried away."[citation needed] Kristofferson had sung the song for her, and singer Bob Neuwirth taught it to her. Kristofferson did not know she had recorded it until after her death. The first time he heard her recording of it was the day after she died.[3] Joplin's version topped the charts to become her only number one single and in 2004, her version of this song was ranked No. 148 on Rolling Stone's list of the 500 Greatest Songs of All Time.
Chart performance[edit]
Roger Miller version[edit]
Chart (1969)
Peak
position
U.S. Billboard Hot Country Singles 12
U.S. Billboard Bubbling Under Hot 100 22
Canadian RPM Country Tracks 3
Janis Joplin version[edit]
Weekly singles charts[edit]
Chart (1971)
Peak
position
Australia KMR 1
Canada RPM [4] 6
New Zealand [5] 10
U.S. Billboard Hot 100 [6] 1
U.S. Cash Box Top 100 [7] 3
Year-end charts[edit]
Chart (1971)
Rank
Australia [8] 17
Canada 79
U.S. Billboard Hot 100 [9] 11
U.S. Cash Box [10] 29
Selected list of recorded versions[edit]
1969 Roger Miller - album Roger Miller
1969 Kenny Rogers & The First Edition - album Ruby, Don't Take Your Love to Town
1970 Charley Pride - album Just Plain Charley
1970 Ramblin' Jack Elliott - album Bull Durham Sacks & Railroad Tracks
1970 The Statler Brothers - album Bed of Rose's
1970 Gordon Lightfoot - album Sit Down Young Stranger
1970 Kris Kristofferson - album Kristofferson (Kristofferson's version also appears in the film Two-Lane Blacktop)
1970 Bill Haley & His Comets - album Rock Around the Country. (According to the biography Bill Haley by John Swenson, Kristofferson gave Haley's version his seal of approval.)
1970 Sam The Sham - single "Me And Bobby McGee/Key To The Highway" (Atlantic #2757)
1971 John Mogensen as "Carsten Levin" Danish - single/ featured on album John (1973)
1971 Janis Joplin U.S. number-one single: parent album Pearl
1971 & 1972 Jerry Lee Lewis - album The Killer Rocks On/ B-side of "Would You Take Another Chance on Me"
1971 Dottie West - album Have You Heard...
1971 Grateful Dead - album Skull & Roses, and numerous other live recordings
1971 Loretta Lynn - album I Wanna Be Free
1971 Lalla Hansson as "Anna & mej" Swedish - album Upp till Ragvaldsträsk[11][12] scoring a Tio i topp hit.
1972 Johnny Cash - album På Österåker
1972 Charlie McCoy - album Charlie McCoy
1972 Jeannie C. Riley - album Give Myself a Party
1973 Waylon Jennings - album Lonesome, On'ry and Mean
1973 Chet Atkins - album Alone
1973 Thelma Houston - album Thelma Houston
1973 Olivia Newton-John - album Let Me Be There
1974 Lonnie Donegan - album Lonnie Donegan Meets Leinemann
1974 Cornelis Vreeswijk as "Jag och Bosse Lidén" Swedish - album Getinghonung
1979 Gianna Nannini as "Io e Bobby McGee" Italian - album California
1984 Joan Baez - album Live Europe '83 album: Baez also performed the song with the Boston Pops in 1985.
1994 Blind Melon records the song in the studio during a session in The Netherlands, appears on their B-sides collection.
1994 Melissa Etheridge - album Acoustic
1997 Loquillo - album Compañeros de viaje
1999 LeAnn Rimes - album LeAnn Rimes
1999 Barb Jungr - album Bare
2002 Anne Murray - album Country Croonin'
2002 Jennifer Love Hewitt - album Bare Naked
2002 Waterloo & Robinson as "Ich und BobbyMcGee" German - album Marianne
2003 Jerry Jeff Walker - album Too Old To Change
2004 Pink - album Live in Europe
2005 Dolly Parton - album Those Were The Days
2005 Arlo Guthrie - album Live In Sydney
2005 Tori Amos live in Hartford 10 April 2005
2006 Dale Ann Bradley - album Catch Tomorrow
2007 Angela Kalule on the soundtrack of The Last King of Scotland
2007 Caroline af Ugglas - album Joplin på Svenska
2008 Amanda Strydom - album kerse teen die donker
2010 Crystal Bowersox on American Idol iTunes release of studio version from Top 11 week, and Final 2 week, of season 9
2013 Grace Askew recorded a studio version on the fourth season of The Voice USA after defeating Trevor Davis in the Battle Round performing the same song.
2014 Gal de Paz – in Hebrew, as Kobi Sheli (קוֹבִּי שֶלִּי, ‘My Kobi’)
2016 Matt Doyle - album Uncontrolled
Other artists
Amanda Overmyer
Reba McEntire
Joan Baez
Arlo Guthrie
Loretta Lynn
Willie Nelson
Dave Dudley
The Statler Brothers
Aaron Lewis
John Doe[13]
Charley Pride
Taylor Horn
Kenny Rogers
Brian McKnight
Celinda Pink
The Platters
Impotent Sea Snakes
Bobbie Gentry
Buck Owens
Roy Clark
Hank Snow
Jerry Lee Lewis
References[edit]
^ Jump up to: a b Lydia Hutchinson (June 22, 2013). "Kris Kristofferson's "Me and Bobby McGee"".
Jump up ^ "Me And Bobby McGee by Janis Joplin Songfacts". Songfacts.com. 1968-06-06. Retrieved 2016-10-02.
Jump up ^ Hawke, Ethan (April 16, 2009). "The Last Outlaw Poet". Rolling Stone (1076): 57. Archived from the original on April 10, 2009. Retrieved 2009-04-10.
Jump up ^ Canada, Library and Archives (17 July 2013). "Image : RPM Weekly". Bac-lac.gc.ca. Retrieved 2016-10-02.
Jump up ^ "flavour of new zealand - search listener". Flavourofnz.co.nz. Retrieved 2016-10-02.
Jump up ^ Joel Whitburn's Top Pop Singles 1955-1990 - ISBN 0-89820-089-X
Jump up ^ "Archived copy". Archived from the original on 2016-06-24. Retrieved 2016-06-04. CS1 maint: Archived copy as title (link)
Jump up ^ "Australian Chart Book". Austchartbook.com.au. Archived from the original on 2016-03-05. Retrieved 2016-10-02.
Jump up ^ "Top 100 Hits of 1971/Top 100 Songs of 1971". Musicoutfitters.com. Retrieved 2016-10-02.
Jump up ^ "Archived copy". Archived from the original on 2015-06-26. Retrieved 2016-05-30. CS1 maint: Archived copy as title (link)
Jump up ^ "Lalla Hansson - Anna & Mej (Vinyl)". Discogs.com. Retrieved 2016-10-02.
Jump up ^ "Upp till Ragvaldsträsk! | Svensk mediedatabas". SMDB.kb.se. Retrieved 2016-10-02.
Jump up ^ "John Doe — Me and Bobby McGee". Last.fm. Retrieved 2016-10-02.
External links[edit]
New Yorker cartoon quoting the song
A SecondHandSongs list of selected artists who covered "Me and Bobby McGee"
Lyrics of this song at MetroLyrics
FILM:ACOUSTIC - Kris Kristofferson performs "Me and Bobby McGee" and relates La Strada by The Modern School of Film at ArcLight Presents...
The Epic Story Behind Janis Joplin’s “Me and Bobby McGee” at History by Day
show
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Bill Haley & His Comets
Bill Haley
Joey Ambrose
Franny Beecher
David Byrd
Danny Cedrone
Johnny Grande
Jackson Haney
Ralph Jones
John "Bam-Bam" Lane
Lenny Longo
Marshall Lytle
Nick Nastos
Rudy Pompilli
Al Rappa
Al Rex
Dick Richards
Billy Williamson
Albums
Rock 'n Roll Stage Show
Rockin' the Oldies
Rockin' Around the World
Bill Haley's Chicks
Strictly Instrumental
Bill Haley and His Comets
Haley's Juke Box
Compilations
Rock with Bill Haley and the Comets
Shake, Rattle and Roll
Rock Around the Clock
Rockin' the Joint
Songs
"Deal Me a Hand"
"Rocket 88"
"Jukebox Cannonball"
"Rock the Joint"
"Real Rock Drive"
"Crazy Man, Crazy"
"Fractured"
"Live It Up"
"Chattanooga Choo Choo"
"Rock Around the Clock"
"Shake, Rattle and Roll"
"Birth of the Boogie"
"Two Hound Dogs"
"Rock-A-Beatin' Boogie"
"See You Later, Alligator"
"R-O-C-K"
"Hot Dog Buddy Buddy"
"Rudy's Rock"
"Rip It Up"
"Don't Knock the Rock"
"Skinny Minnie"
"Corrine, Corrina"
"I Got a Woman"
"Charmaine"
"Joey's Song"
"Skokiaan"
"Music! Music! Music!"
"La Paloma"
"Yakety Sax"
"Green Door"
"Land of a Thousand Dances"
"Me and Bobby McGee"
Related
Discography
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v
t
e
Janis Joplin
Studio albums
Big Brother & the Holding Company (1967)
Cheap Thrills (1968)
I Got Dem Ol' Kozmic Blues Again Mama! (1969)
Pearl (1971)
Live albums
In Concert (1972)
Live at Winterland '68 (1998)
The Woodstock Experience (2009)
Live at the Carousel Ballroom 1968 (2012)
Compilations
Janis Joplin's Greatest Hits (1973)
Janis (1975)
Wicked Woman (1976)
Farewell Song (1982)
Janis (1993)
This Is Janis Joplin (1995)
18 Essential Songs (1995)
Love, Janis (2001)
The Lost Tapes (2008)
Move Over! (2011)
Blow All My Blues Away (2012)
The Pearl Sessions (2012)
Songs
"Ball and Chain"
"Careless Love"
"Cry Baby"
"Down on Me"
"Flower in the Sun"
"Hesitation Blues"
"Kozmic Blues"
"Mary Jane"
"Me and Bobby McGee"
"Mercedes Benz"
"Move Over"
"Nobody Knows You When You're Down and Out"
"Piece of My Heart"
"See See Rider"
"Silver Threads and Golden Needles"
"Summertime"
"Tell Mama"
"To Love Somebody"
"Trouble in Mind"
"What Good Can Drinkin' Do"
"Work Me, Lord"
Related
Big Brother and the Holding Company
Full Tilt Boogie Band
Janis (1974 documentary)
Love, Janis (2001 musical)
Nine Hundred Nights (2001 documentary)
Janis: Little Girl Blue (2015 documentary)
Sam Andrew
Jorma Kaukonen
Gabriel Mekler
Michael Monarch
Book
show
v
t
e
Jerry Lee Lewis
Studio albums
Jerry Lee Lewis
Jerry Lee's Greatest
Golden Hits of Jerry Lee Lewis
The Return of Rock
Country Songs for City Folks
Memphis Beat
Soul My Way
Another Place, Another Time
She Still Comes Around
Sings the Country Music Hall of Fame Hits, Vol. 1
Sings the Country Music Hall of Fame Hits, Vol. 2
The Golden Cream of the Country
She Even Woke Me Up to Say Goodbye
In Loving Memories: The Jerry Lee Lewis Gospel Album
There Must Be More to Love Than This
Touching Home
Would You Take Another Chance on Me?
The Killer Rocks On
Who's Gonna Play This Old Piano?
The Session...Recorded in London with Great Artists
Sometimes a Memory Ain't Enough
Southern Roots: Back Home to Memphis
I-40 Country
Boogie Woogie Country Man
Odd Man In
Country Class
Country Memories
Jerry Lee Keeps Rockin'
Jerry Lee Lewis
When Two Worlds Collide
Killer Country
Young Blood
Last Man Standing
Mean Old Man
Rock & Roll Time
Collaborations
Together (with Linda Gail Lewis
Million Dollar Quartet (with Johnny Cash, Carl Perkins and Elvis Presley)
The Survivors Live (with Johnny Cash and Carl Perkins)
Class of '55 (with Johnny Cash, Carl Perkins and Roy Orbison)
Live albums
Live at the Star Club, Hamburg
The Greatest Live Show on Earth
By Request: More of the Greatest Live Show on Earth
Live at the International, Las Vegas
Last Man Standing Live
Soundtrack albums
Jamboree (1957)
American Hot Wax (1978)
Great Balls of Fire! (1989)
Dick Tracy (1990)
Compilation albums
Original Golden Hits, Vol. 1
Original Golden Hits, Vol. 2
Rockin' Rhythm and Blues
A Taste of Country
Best of Jerry Lee Lewis
All Killer, No Filler: The Anthology
Songs
"Baby Baby Bye Bye"
"Baby, Hold Me Close"
"Breathless"
"Chantilly Lace"
"Cold, Cold Heart"
"Come as You Were"
"Crown Victoria Custom '51"
"Crazy Arms"
"Don't Let Me Cross Over" (with Linda Gail Lewis)
"Down the Line"
"End of the Road"
"Great Balls of Fire"
"Hi-Heel Sneakers"
"High School Confidential"
"I'm So Lonesome I Could Cry"
"In the Mood"
"Invitation to Your Party"
"It'll Be Me"
"Jackson" (with Linda Gail Lewis)
"Lewis Boogie"
"Me and Bobby McGee"
"Old Black Joe"
"One Has My Name (The Other Has My Heart)"
"One Minute Past Eternity"
"She Even Woke Me Up to Say Goodbye"
"She Still Comes Around (To Love What's Left of Me)"
"Sixteen Candles"
"Somewhere Over the Rainbow"
"Sweet Little Sixteen"
"There Must Be More to Love Than This"
"To Make Love Sweeter for You"
"Turn On Your Love Light"
"What's Made Milwaukee Famous (Has Made a Loser Out of Me)"
"What'd I Say"
"When He Walks on You (Like You Have Walked On Me)"
"Whole Lotta Shakin' Goin' On"
"Would You Take Another Chance on Me"
"You Win Again"
Filmography
Jamboree (1957)
High School Confidential (1958)
Be My Guest (1965)
American Hot Wax (1978)
Family
Mickey Gilley
Linda Gail Lewis
Carl McVoy
Jimmy Swaggart
Related articles
Discography
Great Balls of Fire!
Walk the Line
Kenny Lovelace
Mack Vickery
Retrieved from "https://en.wikipedia.org/w/index.php?title=Me_and_Bobby_McGee&oldid=863871416"
Categories:
1969 singles
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Number-one singles in Australia
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Hidden categories:
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