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How Workers Compensation Is Not A New Concept Essay

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Introduction
Workers Compensation is not a new concept, in fact its origins can be dated as far back as 2050 B.C where it is written in The Nippur Tablet No. 3191 from ancient Sumeria in the law of Ur-Nammu, king of the city-state of Ur. The law of Ur provided monetary compensation for specific injury to workers ' body parts, including fractures (Guyton, 1999, p. 106). This type of compensation or schedules for payment based on loss continued until the Middle Ages when feudalism became the primary structure of government.
During this feudalistic period the feudal lord determined what, if any, injuries were compensable. The Lord had a moral obligation because of their standing had an obligation to care for their workers, this expectation was called the doctrine of noblesse oblige (Guyton, 1999, p. 106). This system continued on until the periods of the industrial revolution.
During the early industrial revolution English common law provided the legal framework for compensation in Europe and America. The decision as to whether injuries were compensable were based on three rules: 1. Was there contributory negligence, was the worker responsible for his injury? If so the employer was not at fault. 2. Were the injuries the result of negligence by another employee or "Fellow servant"? If so the employer was not held liable and 3. Was there an "assumption of risk" if employees knew the hazards of their jobs they assumed the risk that came along with it. In these instances an

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