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Authors

Utah Law Review

Abstract

Workers' compensation is a system that provides a predetermined amount of wage and medical benefits to the employee who is injured in a work-related accident. The right to receive compensation is a statutory one, and workers' compensation laws creating and governing that right exist in every state. Workers' compensation laws were developed in response to the increase in work-related accidents that accompanied massive industrialization and to the perception that the common law remedies available to the injured worker were inadequate. In exchange for definite compensation under the workers' compensation system, employees waive the right to sue an employer for damages." Similarly, to acquire certain, limited liability, employers give up their right to assert common law defenses6 against workers' claims.

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