The Institute for Civil Justice's work on a slate of issues helps policymakers improve this important social safety net.
Institute for Civil Justice Publications
The RAND Institute for Civil Justice uses empirical and objective research methods to search out the root causes of system problems and identify the best fixes. We find common ground among adversaries, and interpret findings for policymakers. Our work aims to make the system more efficient and equitable for all, protecting society from the economic and social costs of a system that could become arbitrary and capricious.
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Third-party liens have increasingly become an issue in resolving mass litigation events. This is potentially problematic if liens become sufficiently burdensome or costly that potential litigants do not pursue cases. This paper examines the different types of health care liens and trends in prevalence, as well as how liens have changed the landscape of claim resolution.
This report describes access to medical care among injured workers in the state of California, as mandated by Labor Code Section 5307.2. The authors analyze administrative and medical service bill data to examine changes over time for measures related to access to care for injured workers.
Wage Loss Monitoring for Injured Workers in California's Workers' Compensation System: 2013 Injury Year Findings (First Interim Report) 2018
This report presents new estimates of wage loss for workers in California who suffered a workplace injury or illness in 2013 and compares these estimates with trends before, during, and after the Great Recession. The authors matched injured workers with control workers in the same firm at the time of injury with similar characteristics and analyzed the impact of injury on labor market outcomes, including earnings and employment.
Evaluation of the Return-to-Work Fund in California's Workers' Compensation System: Performance to Date and Options for Modification 2018
California's Return-to-Work Supplement Program (RTWSP) is a new benefit for permanently disabled workers who suffer disproportionately high earnings loss in comparison with their workers' compensation benefits. The RTWSP provides a one-time $5,000 payment to workers who cannot return to work following a permanently disabling workplace injury. RAND researchers evaluated the program's performance and identified options for improving the RTWSP.
The RAND Institute for Civil Justice held a workshop titled "Rethinking Insurance and Liability in the Transformative Age of Autonomous Vehicles," which examined the implications of autonomous vehicle technology for insurance and liability regimes. This conference proceeding summarizes key issues from the event and presents recommendations for future research.
Medical Care Provided to California's Injured Workers: Monitoring System Performance Using Administrative Data 2018
This report provides a framework for understanding changes in medical spending levels and provides the results from RAND's analysis of Workers' Compensation Information System data for 2007–2012. It establishes a baseline that can be used in a future study to evaluate the impact of the Senate Bill 863 provisions.
Examines the roles of moral hazard and increased liquidity in explaining the relationship between Workers' Compensation benefit levels and injury duration.
The New York courts have collected a wealth of data on contingent fee litigation. This Article aims to provide a preliminary analysis of the data in the closing statements.
This article attempts to contribute to the empirical and theoretical literature on litigation, settlement, and selection by analyzing New York litigation "closing statements".
Proposes a bounds approach to address the problem of selection with litigation data.