In this article, the author defines the occupational safety and health domain, characterizes the distinct compensation phenomenon in the United States, and briefly reviews important developments in the last decade involving Karen Silkwood, intentional torts, and asbestos litigation. He examines the class conflict over the value and meaning of work-related injuries and illnesses involved in the practical activity of making claims and turning them into money through compensation inquiries. Juries, attributions of fault, and medicolegal discourse play key roles in the compensation phenomenon. This article demonstrates the extensive, probing inquiry through workers' bodies constituted by the American compensation phenomenon into the moral basis of elements of the system of production.
In the late 19th and early 20th centuries, new knowledge of work-related illness became part of discourses in several institutional spheres on the relationship between aspects of the economy and workers' health. Appeals courts and state legislatures invoked this knowledge in their deliberations on legislation to ease the coercive aspects of the employment relationship. Insurers used the knowledge to help determine what types of coverage would be available to different occupational groups. In the courts, a narrow compensation remedy evolved for illness caused by employers' failure to warn of latent risks. This small, legal zone of protection of workers' health was separated out from the massive amount of uncompensated, preventable work-related illness.
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