Welcome to John Burton’s Workers’ Compensation Resources. We offer access to data, research, and other information pertaining to workers’ compensation in the United States and other countries when possible. Visit the following areas of our site for more information:
Site Updated November 29, 2014
Florida Workers’ Advocates et al. vs. State of Florida
In August 2014, the exclusive remedy provision of the Florida Workers’ compensation statute was found unconstitutional by Judge Jorge E. Cueto of the Circuit Court of the 11th Judicial Circuit for Miami-Dade County, Florida, based in part on my deposition. The decision can be downloaded here.
Opinions on the Future of Workers’ Compensation from the IAIABC Journal
Two articles published by the IAIABC Journal: “Should There Be a 21st Century National Commission on State Workers’ Compensation Laws?” by John F. Burton , Jr. and “The Case for Workers’ Recovery” by Robert Wilson, can be downloaded here.
Workers’ Compensation Resources Research Report
Issue 8, November 2014
This issue provides data on the profitability of the workers’ compensation insurance industry in the United States as reported by A.M. Best. The overall operating ratio, which is the most comprehensive measure of underwriting results because it considers investment income, indicates that nationally workers’ compensation insurance was at near-record levels of profitability in 2013. The issue also provides information on the profitability of workers’ compensation insurance at the state level relying on data from the National Association of Insurance Commissioners. Of the eight states examined in the issue, only two had underwriting profits (combined ratios were less than 100), but in six of these states, workers’ compensation carriers had profits after investment income was included. Download an order form for Issue 8 of the WCRRR here.
Workers’ Compensation Resources Research Report
Issue 6, May 2013
This issue provides national data on the employers’ costs of workers’ compensation from 1986 to 2012, as well as more detailed data for 2012 on employers’ costs by region, industry, occupation, and establishment size. Two measures of employers’ costs at the state level are compared. Download Issue 6 of the WCRRR here. Download Supplement here.
The Lack of Correspondence Between Work-Related Disability and Receipt of Workers’ Compensation Benefits
Emily A. Spieler and John F. Burton, Jr. American Journal of Industrial Medicine; Vol. 55 (2012): pp. 487-505
Data from surveys of persons with disabilities were used to estimate the proportion of disability due to work-related injuries and diseases. Studies examining the proportion of workers with work-related disabilities who received workers’ compensation benefits were reviewed. Many persons with disabilities caused by work do not receive workers’ compensation benefits. Legal restrictions and other factors explaining the lack of receipt of workers’ compensation benefits were examined. The solution to this problem, such as providing healthcare to workers regardless of the source of injuries and diseases, are complicated and controversial, and will be difficult to implement. Download this article here.
The Growth in Applications for Social Security Disability Insurance: A Spillover Effect from Workers’ Compensation
Xuguang (Steve) Guo and John F. Burton, Jr. Social Security Bulletin; Vol. 72, No. 3 (2012): pp. 69-88.
The determinants of applications for Social Security Disability Insurance (DI) were examined. The data were observations for each state (approximately 45 jurisdictions, depending on the year) for each year between 1981 and 1999. The study first reproduced findings of previous studies of the determinants of DI applications. The study then tested for the additional influence of changes in workers’ compensation benefits and eligibility rules on DI application rates. The findings indicate that the programs are interrelated. When benefits declined and eligibility rules tightened in workers’ compensation programs in many states in the 1990s, the DI application rates in those states increased. Download this article here.
Employment Law: Cases and Materials (Fifth Edition)
John Burton is a co-author of the 2012 version of the book, and was the lead author for Chapter 21: Workers’ Compensation. Download the Table of Contents here: Casebook Table of Contents. Download an order form here.
Workers’ Compensation Suggested Readings John Burton prepared Version 4 of Workers’ Compensation Suggested Readings in July 2013 . Download a copy here:
Suggested Readings Version 4.
Workers’ Compensation Resources Research Report Click here to download these issues or sign up to receive an email notification of future issues.
Issue 5, December 2012 This issue examines the profitability of the workers’ compensation insurance industry.
Issue 4, June 2012 This issue provides data on the employers’ costs of workers’ compensation from 1986 to 2011, as well as more detailed data for 2011 on employers’ costs by region, industry, occupation, and establishment size.
Issue 3, August 2011 This issue contains a report on “Workers’ Compensation Incurred Benefits: 1985-2007” based on the latest available data. The national averages of workers’ compensation benefits have been relatively stable in recent years, but there are substantial differences among jurisdictions in cash, medical, and total benefits.
Issue 2, May 2011 This issue examines the employers’ costs of workers’ compensation based on the latest data from the Bureau of Labor Statistics. Workers’ compensation costs for private sector employers declined in 2010 for the fifth year in a row.
*Issue Two has been superseded by Issue Four Issue 1, September 2010
The inaugural issue examines the profitability of the workers’ compensation insurance industry.
*Issue One has been superseded by Issue Five
Workers’ Compensation: Recent Developments.
A workshop was held on June 7, 2013 at the 65th Annual Meeting of the Labor and Employment Relations Association in St. Louis. The presenters included John Burton, J.R. Boyd, James Gallen, Emily Spieler, and David B. Torey The PowerPoint presentations for all presenters except J.R. Boyd can be downloaded here: – LERA Gallen PowerPoint – LERA Spieler PowerPoint – LERA.Torrey PowerPoint – LERA Burton PowerPoint
Workers’ Compensation Compendium 2005-06, Volume One and Volume Two.
A free copy will be sent to any person within the US who submits an order form.
Workers’ Compensation Policy Review: The Workers’ Compensation Policy Review ceased publication in December of 2008. The final issue contained a “Letter from the Editor.” Read the letter. Issues of The Workers’ Compensation Policy Review can be downloaded without charge, click here to explore.
National Commission on State Workmen’s Compensation Laws: The National Commission on State Workmen’s Compensation Law submitted its report to the President and Congress in July 1972. Long out of print, The Report of the National Commission on State Workmen’s Compensation Laws can be downloaded here. Articles in the 1972 National Commission by John Burton, Chairman of the Commission, and John Barth, Executive Director of the Commission, were contained in the July/August 2004 issue of The Workers’ Compensation Policy Review. Click here for a copy.
A description of Temporary Disability Benefits in New Jersey has recently been prepared. For a copy click here.