Women and The 'Uneven' Development Of Workers' Compensation Law

Abstract

This analysis of women and workers' compensation law employs the concept of 'uneven' development to explain legislative change. The article challenges notions of progress and argues that law develops unevenly in the context of social, economic and political conditions. After examining changes to South Australian workers' compensation legislation over the last century it considers recent developments that broaden the primary focus of the law from the injured workers' economic well-being to include notions of rehabilitation and future employment. At this point the article considers the divergence between law as legislation and law in practice. Presently in law most women experience the availability of workers' compensation as a condition of employment, however, scope exists for medical practitioners, rehabilitation administrators, and trade unionists to reject women's claims.