compensation schemes for occupational accidents were created to the costs of medical care and rehabilitation services for workers suffering from injuries and work-related disabilities. By them are also paid compensation benefits to affected workers and their dependents during the period of disability. These systems have been inspired by the schemes administered by the ancient guilds and mutual aid societies, whose members traded to funds which, in turn, were distributed among the members who were prevented from working because you suffered accidents. Once depleted reserves, usually low, of those funds, the only possibility was open to its members to charity or recourse to sue the company on the basis that the injury was caused by the willful misconduct or negligence of the same. Lawsuits rarely prospered, including for the following reasons:
• the lack, by the employee, the necessary legal knowledge, and limited resources compared to the company
• the difficulty of defeating the defensive strategy of the company, based on the claim that the accident causing the injury was either an accident, rather the result of incompetence or negligence of the worker and not the company
• the inability of the worker waiting for the period of time, usually long, bearing the handling of civil lawsuits.
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