Workers’ Compensation Codes in American Indian* Tribal Nations

This Article examines various Tribal Nations’ experiences in developing their own workers’ compensation systems using a comparative law and legal development approach, including direct interviews with a diverse range of tribal members. Tribal Nations’ self-created workers’ compensation codes predominantly rely on local models and expertise to establish and operate their systems. However, Tribal Nations also infuse their own cultural values into their codes, incorporating tribal perspectives and priorities such as valuing traditional medicine and peace-making alternative dispute resolution, providing more generously to volunteers, and incorporating return-to-work programs into their workers’ compensation systems. Some Tribal Nations also find it necessary to include additional provisions that are not present in state codes to ensure their codes’ practical effectiveness. Many Tribal Nations continue to refine these systems, and flexibility as governments allows them to effectively respond to present challenges and strengthen the performance of their workers’ compensation systems in the future