We come now to industrial injuries programs, which in most countries represent the oldest form of social security. In the United States, following the British practice, they were usually referred to as workmen's compensation programs until the purging of sexist language led to use of the term workers’ compensation, whereas in Europe they are usually called industrial injuries or employment injuries programs.

Before the adoption of industrial injuries legislation, the worker who was injured in the course of his or her employment could secure redress only by suing the employer. Under the codes civiles on the continent of Europe, the defenses available to employers were more limited than under British common law, but the differences were not great. In the vast majority of cases employers were able to defend themselves against the allegation of fault, and very few cases were won by injured workers or their survivors.

Certain groups of workers, however, received compensation under special laws or provisions that date as far back as the eighteenth century, or in some cases even earlier, relating to disabled miners, seamen, and domestic workers. A Prussian law of 1838 made the railroad companies responsible for injuries to passengers and employees, except where the accident was attributable to the negligence of the injured person or an “act of God.”

Prewar legislation

The German law of 1884

One of the earliest acts of the German Imperial Government, adopted in 1871, was an employers’ liability law, which applied to factories, mines, and railroads. However, dissatisfaction with the experience under this law was expressed on the floor of Parliament repeatedly during the following decade.