The American Compensation Phenomenon

Abstract

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.