Ancient Origins of Workers' Comp
Workers’ compensation as a legal institution may be as old as law itself. From the first civilizations to the countries that exist today, workers compensation laws have protected the lives and livelihoods of workers.
While the full history of workers’ compensation would take up volumes of text, several key moments shaped our modern system.
The Code of Ur-Nammu
The Code of Ur-Nammu, dating to approximately 2050 B.C., is the oldest existing legal document in the world. It originated in ancient Sumeria, in modern-day Iraq.
The Code of Ur-Nammu, dating to approximately 2050 B.C., is the oldest existing legal document in the world
Among other provisions, it offered monetary compensation for specific injuries to workers' body parts. This makes it the first instance of workers’ compensation in the world. The Code became the basis for countless other legal codes and formed the foundation of legal systems still in place today.
Bismarck's Modern System
Approximately four thousand years later, Otto Von Bismarck, the chancellor of the German Empire from 1871 to 1890, enacted a broad workers' compensation system in Germany.
This system was a direct response to the numerous defenses available to employers who sought to avoid liability for workers’ injuries.
Employer Defenses Eliminated
Before Bismarck's reforms, employers frequently used these defenses:
- Contributory-negligence defense: Workers could be denied payment if they contributed even remotely to causing the accident.
- Fellow-servant defense: This reduced the employer’s liability if another worker was at fault for the accident in question.
- Assumption-of-risk defense: This limited a worker’s ability to recover damages if they knew of the dangers of the workplace.
These three defenses combined made it virtually impossible for employees to receive compensation if they were injured while working. Bismarck fought to change this by passing the Sickness Bill in 1883 and the Accident Bill in 1884. These two bills provided pay for missed work and compensation for permanent disability, among many other benefits.
United States Adoption
Following the creation and success of the Bismarck model, countries worldwide began to establish similar workers’ compensation systems. In the United States, workers’ compensation institutions developed on a state-by-state basis.
Wisconsin was the first to enact workers’ compensation laws in 1911 and Mississippi was the last state in 1948.
Workers’ compensation arrived in Ohio with the Workmen's Compensation Act, enacted on June 15, 1911. This act established the Ohio Bureau of Workers’ Compensation, which is the second-largest provider of workers’ compensation insurance in the country.
While the history of workers’ compensation is well-established, laws and procedures continue to evolve. Navigating workers’ compensation can be challenging, especially while recovering from an injury.
Contact McKenzie & Snyder
If you are injured on the job, contact the attorneys at McKenzie & Snyder. Our attorneys have over twenty years of experience in workers’ compensation law.
When you need a lifeline, call McKenzie & Snyder at (513) 737-5180.
