Hostname: page-component-78c5997874-t5tsf Total loading time: 0 Render date: 2024-11-19T10:23:35.827Z Has data issue: false hasContentIssue false

Incentivizing Safety and Discrimination: Employment Risks under Workmen’s Compensation in the Early Twentieth Century United States

Published online by Cambridge University Press:  18 February 2015

Abstract

This article takes criticisms of employment discrimination in the aftermath of the creation of workmen’s compensation legislation as a point of entry for arguing that compensation laws created new incentives for employment discrimination. Compensation laws turned the costs of employees’ workplace accidents into a risk that many employers sought to manage by screening job applicants in a manner analogous to how insurance companies screened policy applicants. While numerous critics blamed insurers for discrimination, I argue that the problem was lack of insurance. The less that companies pooled their compensation risks via insurance, the greater the incentives for employers to stop employing people they would have previously been willing to hire.

Type
Articles
Copyright
Copyright © The Author(s) 2014. Published by Cambridge University Press on behalf of the Business History Conference. All rights reserved.

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Bibliography of Works Cited

Books

Armstrong, Barbara. Insuring the Essentials. New York: MacMillan, 1932.Google Scholar
Aldrich, Mark. Safety First: Technology, Labor, and Business in the Building of American Work Safety. Baltimore: Johns Hopkins University Press, 1997.Google Scholar
Alexander, Jennifer. The Mantra of Efficiency: From Waterwheel to Social Control. Baltimore: Johns Hopkins University Press, 2008.Google Scholar
Baker, Tom Simon, Jonathan, eds., Embracing Risk: The Changing Culture of Risk and Responsibility. Chicago: The University of Chicago Press, 2002.Google Scholar
Beck, Ulrich. World Risk Society. Cambridge: Polity Press, 1999.Google Scholar
Boydston, Jeanne. Home and Work: Housework, Wages, and the Ideology of Labor in the Early Republic. New York: Oxford University Press 1990.Google Scholar
Boyer, Robert. The Regulation School: A Critical Introduction. New York: Columbia University Press, 1990.Google Scholar
Bronstein, Jamie L. Caught in the Machinery: Workplace Accidents and Injured Workers in Nineteenth-Century Britain. Stanford, CA: Stanford University Press, 2008.Google Scholar
Buder, Stanley. Capitalizing on Change: A Social History of American Business. Chapel Hill: University of North Carolina Press, 2009.Google Scholar
Canning, Kathleen. Gender History in Practice: Historical Perspectives on Bodies, Class, and Citizenship. New York: Cornell, 1996.Google Scholar
Chandler, Alfred D. The Visible Hand: The Managerial Revolution in American Business. Cambridge: The Belknap Press of Harvard University Press, 1977.Google Scholar
Chandler, Alfred D. Scale and Scope: The Dynamics of Industrial Capitalism. Cambridge: The Belknap Press of Harvard University Press, 1990.Google Scholar
Dawley, Alan. Struggles for Justice: Social Responsibility and the Liberal State. Cambridge: Harvard University Press, 1991.Google Scholar
Eastman, Crystal. Work-Accidents and the Law. New York: Survey Associates, 1916.Google Scholar
Epstein, Abraham. Insecurity: A Challenge to America. New York: Harrison Smith and Robert Haas, 1933.Google Scholar
Fairchild, Amy. Science at the Borders: Immigrant Medical Inspection and the Shaping of the Modern Industrial Labor Force. Baltimore: Johns Hopkins University Press, 2003.Google Scholar
Fishback, Price Kantor, Shawn Everett. A Prelude to the Welfare State: The Origins of Workers’ Compensation. Chicago: University of Chicago Press 2000.Google Scholar
Gagliardo, Domenico. American Social Insurance. New York: Harper & Brothers, 1955.Google Scholar
Hamilton, Alice. Exploring the Dangerous Trades: the Autobiography of Alice Hamilton. Boston: Northeastern Press, 1985.Google Scholar
Hard, William.Injured in the Course of Duty. New York: Ridgway Company, 1910.Google Scholar
Insurance Federation of Iowa. Shall the State of Iowa Experiment with so-called “State” Insurance? Des Moines: N.P., 1914.Google Scholar
Kraut, Alan. Silent Travelers: Germs, Genes, and the Immigrant Menace New York: Basic Books, 1994.Google Scholar
Lamoreaux, Naomi R. The Great Merger Movement in American Business, 1895–1904. Cambridge: Cambridge University Press, 1985.Google Scholar
Levy, Jonathan. Freaks of Fortune: The Emerging World of Capitalism and Risk in America. Cambridge: Harvard University Press, 2012 Google Scholar
Livingston, James. Origins of the Federal Reserve System, 1890–1913. Ithaca: Cornell University Press, 1986.Google Scholar
Lubove, Roy The Struggle for Social Security, 1900–1935. Cambridge: Harvard University Press, 1968 Google Scholar
Moss, David A. Socializing Security: Progressive Era Economists and the Origins of American Social Policy. Cambridge: Harvard University Press, 1996.Google Scholar
Moss, David A. When All Else Fails: Government as the Ultimate Risk Manager. Cambridge: Harvard University Press, 2004.Google Scholar
Murphy, Sharon. Investing in Life: Insurance in Antebellum America. Baltimore: Johns Hopkins, 2010.Google Scholar
Perelman, Michael. Railroading Economics: The Creation of the Free Market Mythology. New York: Monthly Review Press, 2006.Google Scholar
Prechel, Harland. Big Business and the State: Historical Transitions and Corporate Transformation, 1880s-1990s. Albany: State University of New York Press, 2000.Google Scholar
Premo, Bianca. Children of the Father King: Youth, Authority, and Legal Minority in Colonial Lima. Chapel Hill: University of North Carolina Press, 2005.Google Scholar
Rodgers, Daniel T. Atlantic Crossings: Social Politics in a Progressive Age. Cambridge: Harvard University Press, 1998.Google Scholar
Rogers, Donald. Making Capitalism Safe: Work Safety and Health Regulation in America, 1880–1940. Urbana: University of Illinois Press, 2009.Google Scholar
Rosner, David Markowitz, Gerald, eds., Dying for Work: Workers’ Safety and Health in Twentieth-Century America. Bloomington: Indiana University Press, 1987.Google Scholar
Rubinow, Isaac Max. Social Insurance: With Special Reference to American Conditions. New York: Holt, 1913.Google Scholar
Salyer, Lucy. Laws Harsh As Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law. Chapel Hill: University of North Carolina Press, 1995.Google Scholar
Seager, Henry. Social Insurance: A Program of Social Reform. New York: The Macmillan company, 1910.Google Scholar
Sklar, Martin J. The Corporate Reconstruction of American Capitalism, 1890–1916. Cambridge: Cambridge University Press, 1988.Google Scholar
Southern, David. The Progressive Era and Race: Reaction and Reform, 1900–1917. Wheeling, WV: Harlan Davidson, 2005.Google Scholar
Stanley, Amy Dru. From Bondage to Contract: Wage Labor, Marriage, and the Market in the Age of Slave Emancipation. Cambridge: Cambridge University Press, 1998.Google Scholar
Stromquist, Sheldon. Reinventing ‘The People’: The Progressive Movement, the Class Problem, and the Origins of Modern Liberalism. Urbana: University of Illinois Press, 2006.Google Scholar
Tomlins, Christopher. Freedom Bound: Law, Labor, and Civic Identity in Colonizing English America, 1580–1865. Cambridge: Cambridge University Press, 2010.Google Scholar
Weinstein, James. The Corporate Ideal in the Liberal State, 1900–1918. Boston: Beacon Press, 1968.Google Scholar
Welke, Barbara Young. Law and the Borders of Belonging in the Long Nineteenth Century United States. Cambridge: Cambridge University Press, 2010.Google Scholar
Witt, John Fabian. The Accidental Republic: Crippled Workmen, Destitute Widows, and the Remaking of American Law. Cambridge: Harvard University Press, 2004.Google Scholar

Articles and Essays

Asher, Robert. “Business and Workers’ Welfare in the Progressive Era: Workers’ Compensation Reform in Massachusetts, 1880–1911.” The Business History Review 43, no. 4 (Winter 1969): 452–75.Google Scholar
Asher, Robert. “Radicalism and Reform: State Insurance of Workmen’s Compensation in Minnesota, 1910–1933.” Labor History 14 (1973): 1941.Google Scholar
Baker, Tom. “Containing the Promise of Insurance: Adverse Selection and Risk Classification.” In Risk and Morality, edited by Ericson, Richard Victor Doyle, Aaron, 258–83. Toronto: University of Toronto Press, 2003.Google Scholar
Bale, Anthony. “America’s First Compensation Crisis: Conflict over the Value and Meaning of Workplace Injuries under the Employer’s Liability System.” In Dying for Work: Workers’ Safety and Health in Twentieth-Century America, edited by Rosner, David Markowitz, Gerald, 3452. Bloomington: Indiana University Press, 1987.Google Scholar
Coen, Robert M. “Labor Force and Unemployment in the 1920’s and 1930’s: A Re-Examination Based on Postwar Experience.” The Review of Economics and Statistics, 55, no. 1 (1973): 4655.Google Scholar
Ewald, François. “Insurance and Risk.” In The Foucault Effect: Studies in Governmentality, ed Burchell, Graham Gordon, Colin Miller, Peter, 197210. Chicago: University of Chicago Press, 1991.Google Scholar
Friedman, Lawrence. “Civil Wrongs: Personal Injury Law in the Late 19th Century.” American Bar Foundation Research Journal 12, no. 23 (1987): 351–78.Google Scholar
Hoffman, Beatrix. “Scientific Racism, Insurance and Opposition to the Welfare State: Frederick L. Hoffman’s Transatlantic Journey.” Journal of the Gilded Age and Progressive Era 2 (April, 2003): 150190.Google Scholar
Hookstadt, Carl. “Comparison of Workmen’s Compensation Insurance and Administration.” Bulletin of the United States Bureau of Labor Statistics 301 (April, 1922): 1–194.Google Scholar
Kantor, Shawn Everett Fishback, Price V. “How Minnesota Adopted Workers’ Compensation.” The Independent Review 2 no.4 (1998): 557–78.Google Scholar
Mitchell, John. “Operation of the New York Workmen’s Compensation Law.” American Labor Legislation Review 5, no. 1 (1915): 1530.Google Scholar
Nelson, Barbara J. “The Origins of the Two-Channel Welfare State: Workmen’s Compensation and Mothers’ Aid.” In Women, the State and Welfare, edited by Gordon, Linda, 123151. Madison: University of Wisconsin Press, 1990.Google Scholar
Nugent, Angela. “Fit for Work: The Introduction of Physical Examinations in Industry.” Bulletin of the History of Medicine 57 (1983): 578–95.Google Scholar
Rogers, Donald. “From Common Law to Factory Laws: The Transformation of Workplace Safety Law in Wisconsin before Progressivism.” The American Journal of Legal History 39, no. 2 (April 1995): 177213.Google Scholar
Rose, Sarah. “‘Crippled’ Hands: Disability in Labor and Working-Class History,” Labor: Studies in Working-Class History of the Americas 2 (2005): 2754.Google Scholar
Ryan, Harwood E. “Methods of Insuring Workmen’s Compensation,” Annals of the American Academy of Political and Social Science 70, no. 15 (March 1917): 244–54.Google Scholar
Schmitz, Christopher. “The Worlds Largest Industrial Companies of 1912,” Business History 37, no. 4 (1995): 8596.Google Scholar
Stone, Deborah A. “The Struggle for the Soul of Health Insurance,” Journal of Health Politics, Policy and Law 18, no. 2 (June 1993): 287317.Google Scholar
Tomlins, Christopher. “A Mysterious Power: Industrial Accidents and the Legal Construction of Employment Relations in Massachusetts, 1800–1850.” Law and History Review vol. 6, no. 2 (Fall 1998): 375438 Google Scholar
Williams-Searle, John. “Courting Risk: Disability, Masculinity, and Liability on Iowa’s Railroads, 1868–1900.” The Annals of Iowa 58 (Winter 1999): 2777.Google Scholar
Wolff, Megan J. “The Myth of the Actuary: Life Insurance and Frederick L. Hoffman’s Race Traits and Tendencies of the American Negro.” Public Health Reports vol. 121, no. 1 (2006): 8491.Google Scholar

Newspapers and Magazines

The American Underwriter Magazine and Insurance Review vol. 41, no. 1, January, 1914, 3.Google Scholar
Brotherhood of Locomotive Firemen and Enginemen’s Magazine vol. 57, no. 1, July 1914, 187.Google Scholar
Bulletin of the Department of Labor 32, January 1901, 117–18.Google Scholar
Bulletin of the General Contractors Association vol. 5, no. 9, September 1914, 278.Google Scholar
Bulletin of the Industrial Commission of Ohio vol. 2, no. 1, January 1915, 12.Google Scholar
Bulletin of the United States Bureau of Labor Statistics vol. 212, June 1917, 167.Google Scholar
Chicago Daily News December 10, 1906, 2.Google Scholar
Cigar Makers Journal vol. 38, no. 12, December 1914, 12.Google Scholar
Correctionville News July 1, 1915.Google Scholar
Engineering March 3, 1899, 284.Google Scholar
The Indicator vol. 40, no. 1, January 1914, 341.Google Scholar
The Indicator vol. 41, no. 1, January 5, 1915, 341.Google Scholar
The Industrial Bulletin [New York] vol. 1, no. 2, November 1921.Google Scholar
The Industrial Bulletin [New York] vol. 2, no. 8, May 1923.Google Scholar
The Industrial Bulletin [New York] vol. 5, no. 9, June 1926.Google Scholar
Insurance Monitor vol. 55, no. 1, January 1907.Google Scholar
Insurance Monitor vol. 62, no. 1, January 1914.Google Scholar
International Molders’ Journal vol. 51, no. 1, January, 1915.Google Scholar
Los Angeles Times, February 11, 1917.Google Scholar
Monthly Labor Review, vol. 12 no. 1, January 1921, 180.Google Scholar
The National Compensation Journal, vol. 1, no. 4, April 1914.Google Scholar
New York Times, August 12, 1914.Google Scholar
The Perry Daily Chief, October 22, 1914.Google Scholar
Safety: Bulletin of the American Museum of Safety vol. 3, no. 3, March, 1915, 6771.Google Scholar
The Spectator, December 24, 1914, 356.Google Scholar
The Spectator, December 23, 1915, 397.Google Scholar
The Spectator, January 4, 1917, 6.Google Scholar
The Spectator May 23, 1918, 7781.Google Scholar
The Spectator, December 23, 1915, 397.Google Scholar
The Standard, August 15, 1914, 175.Google Scholar
The Standard, March 3, 1918, 231.Google Scholar
The Standard, April 19, 1919, 427.Google Scholar
The Week, August 8, 1914, 826.Google Scholar
Weekly Underwriter vol. 31, no. 21, November 21, 1914 Google Scholar

Official Proceedings and Reports

Thirteenth Census of the United States Taken in the Year 1910. Vol. IV. Population: 1910. Occupation Statistics. Washington, DC: GPO, 1914.Google Scholar
Fourteenth Census of the United States Taken in the Year 1920. Vol. IV. Population: 1920. Occupations. Washington, DC: GPO, 1923.Google Scholar
Fifteenth Census of the United States Taken in the Year 1930. Vol. IV. Population: 1930. Occupations, By States. Washington, DC: GPO, 1932.Google Scholar
Garst, Warren. First Biennial Report of the Iowa Industrial Commissioner to the Governor of the State of Iowa for the Period Ending June 30, 1914. Des Moines: State of Iowa, 1914.Google Scholar
Industrial Commission of Colorado. First Report of the Industrial Commission of Colorado. Denver: Industrial Commission, 1917.Google Scholar
Industrial Commission of Colorado. Second Report of the Industrial Commission of Colorado. Denver: Industrial Commission, 1918.Google Scholar
Industrial Commission of Colorado. Fifth Annual Report. Denver: Industrial Commission, 1920.Google Scholar
Iowa Employers’ Liability Commission. Report of Employers’ Liability Commission. Des Moines: Emory H. English, State Printer, 1912.Google Scholar
Lynch, James. Annual report of the Commissioner of Labor. Albany: State Department of Labor, 1915.Google Scholar
Massachusetts Industrial Accident Board. First Annual Report. Boston: Wright and Potter State Printers, 1914.Google Scholar
N. A. Workmen’s Compensation Law of the State of Iowa. New York: Robertson Jones, 1914.Google Scholar
Nebraska Department of Labor. Second Biennial Report: Department of Compensation, 1917–1918. Lincoln: Department of Labor, 1918.Google Scholar
Proceedings of the Sixth Annual Convention of the Association of Government Labor Officials of the United States and Canada, Washington: Government Printing Office, 1920.Google Scholar
US Department of Commerce, Bureau of the Census. Abstract of the Fourteenth Census of the United States, 1920. Washington: GPO, 1923.Google Scholar
Workmen’s Compensation Bureau of the Department of Labor and Industry of Pennsylvania. The Workmen’s Compensation Act of 1915 as Amended by the Acts of 1919 and 1921. Harrisburg: Workmen’s Compensation Board, 1921.Google Scholar

Archival Sources

Multiple Governors Correspondence: State Officers, Boards and Departments, State Historical Society of Iowa, Des Moines, Iowa.Google Scholar
F. L. Simmons Administrative Files, 1918–1936, Pullman Corporation Records, Newberry Library, Chicago, Ill.Google Scholar
Employee and Labor Relations, Medicine and Sanitation, Pullman Corporation Records, Newberry Library, Chicago, Ill.Google Scholar

Dissertations

Bellamy, Paul “From Court Room to Board Room: Immigration, Juries, Corporations and the Creation of an American Proletariat: A History of Workmen’s Compensation, 1898–1915.” PhD dissertation, Case Western Reserve University, 1994.Google Scholar
Bouk, Daniel. “The Science of Difference: Developing Tools for Discrimination in the American Life Insurance Industry, 1830–1930.” PhD dissertation, Princeton University, 2009.Google Scholar
Horan, Caley Dawn. “Actuarial Age: Insurance and the Emergence of Neoliberalism in the Postwar United States.” PhD dissertation, University of Minnesota, 2011.Google Scholar
Rose, Sarah F. “No Right to be Idle: The Invention of Disability, 1850–1930.” PhD dissertation, University of Illinois at Chicago, 2008.Google Scholar