When workmen's compensation was first introduced a half century ago, it was felt necessary to cushion the shock in a number of ways. One of these was the idea of a bargain, an exchange, in which the worker, to obtain the new remedy based on liability without fault, gave up his existing remedy, the right to a tort action against his employer for a negligent injury. It is time that the terms of that bargain be re-examined.
Advocating the Rights of the Injured,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol61/iss5/3