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DEPARTMENT OF COMMERCE AND LABOR
BULLETIN
OF THE
BUREAU OF LABOR
No. 9 2 - JANUARY, 1911
ISSUED EVERY OTHER MONTH
W ASHINGTON
GOVERNMENT PR IN TIN G OFFICE
1911
CONTENTS.
Page*.
Industrial accidents and loss of earning power: German experience in 1897
and 1907, b y H enry J. Harris, Ph. D .:
Summary.................................................................................................................
1—3
Introduction............................................................................................................
3 ,4
Special investigations of accidents.....................................................................
4-96
Scope of the investigation............................................................................
5-8
Sex and age of the injured persons............................................................
8-14
Increase in the general accident rate........................................................
15-18
Tim e when the acciden t occurred...................................................
18-33
M onth of the year...................................................................................
18-22
D ay of the w eek.....................................................................................
23-27
H our of the day......................................................................................
27-33
Nature of the injuries sustained b y the w orkm en..................................
34-43
Length of tim e the injured person was em ployed in the establish
m ent and in the occupation....................................................................
44-48
Length of tim e the injured person had been at work on the day of
the acciden t.................................................................................................
49-51
Causes of accidents........................................................................................
52-60
Proportion of accidents due to the fault of the em ployer, of the
workm en, e tc...............................................................................................
60-65
Result of the injuries....................................................................................
66-82
Duration of disability and loss of earning pow er....................................
83-96
W orkm en’ s com pensation and insurance: Laws and b ills, 1911, b y L in dley
D . Clark, A . M ., L L . M .:
Reports of com m issions......................................................................................... 97-101
Illin ois..............................................................................................................
97,98
Massachusetts..................................................................................................
98
M innesota.........................................................................................................
98,99
New Jersey......................................................................................................
99
O hio........ .......................................................................................................... 99,100
W ashington......................................................................................................
100
W isconsin........................................................................................................... 100,101
Laws enacted and b ills drafted........................................................................... 101-106
Principal features of laws and b ills.............................................................. 102-106
Questions of constitutionality............................................................................... 106-111
T ext of law s............................................................................................................... 111-151
C alifornia........................................................................................................... 111-117
Kansas................................................................
117-124
M aryland..........................................................................................................
124
M ontana............................................................................................................
124
New H am pshire............................................................................................. 125-127
New Jersey................................................
128-132
New Y ork ........................................................................................................
132
W ashington........................................................................................................ 132-144
W iscon sin ....................................................................................................... 144-151
T ext of bills prepared b y com m issions................................................................151-170
Illin ois Commission b ill................................................................................ 151-156
M innesota Commission b ill......... .................................................................. 156-165
Ohio Commission b ill.............................................................
165-170
B ills drafted b y associations.................................................................................. 171-181
Draft of b ill b y the Am erican Federation of Labor............................... 171-175
Tentative draft of a b ill b y the National C ivic Federation................. 175-181
m
IV
CONTENTS.
R esolutions of the Sixth D elegates’ M eeting of the International A ssociation
Page.
for Labor Legislation.................................................................................................... 182-193
Report of Illin ois Com m ission on Occupational D iseases..................................... 194-202
Digest of recent foreign statistical publications:
Reports on strikes and lockouts.......................................................................... 203-247
Austria, 1908.................................................................................................... 203-209
France, 1908..................................................................................................... 209-215
Germany, 1908.............
215-220
Great Britain, 1908 and 1909........................................................................ 221-231
Netherlands, 1907 and 1908.......................................................................... 231-239
Spain, 1907....................................................................................................... 239-242
Sweden, 1908................................................................................................... 242-247
D ecisions of courts affecting labor:
D ecisions under statute law ................................................................................. 248-289
A lien contract laborers— deportation— eviden ce {E x parte George) . . . 248,249
Eight-hour law— construction of levees on the M ississippi R iver—
em ergencies ( United States v. G arbish)................................................. 249,250
Em ployers’ lia bility — com pensation law—lia b ility w ithout f a u lt due process of law— constitutionality of statute (Ives v. South B uf
fa lo Railway C o .)......................................................................
251-273
Em ployers’ lia bility — departments of labor— construction of statute
{Judd v. L etts)............................................................................................. 273-275
Em ployers’ lia bility —fellow -servant law-nature of lia b ility — in ju
ries causing death— survival of right of action— damages {Beeler v.
Butte & London Copper Development C o.)............................................ 276-278
Em ployers’ lia bility— m ine regulations—shot firers— construction
of statute {Hougland et al. v. Avery Coal de M ining C o.).................. 278,279
Em ployers’ lia bility — notice— superintendence— construction of
statute {Smith v. Milliken B ros.)............................................................ 279,280
Em ployers’ lia b ility —railroad com panies—street railways— con
struction of statute {Conover v. Public Service Railway C o.)..........
281
Em ployers’ lia b ility —railroads—Federal statute—jurisdiction of
State and Federal courts—interstate com m erce— construction of
statute {Colasurdo v. Central Railroad o f New Jersey)........................ 281-285
Hours of labor of em ployees on railroads— Federal statute— tim e on
du ty ( United States v. Illin ois Central Railroad C o.).........................
285
M ine regulations—inspection—good faith as defense against lia bility
for injury {A etitus v. Spring Valley Coal C o.)..................................... 286-288
Picketing—p olice power—m unicipal regulations {E x parte Williams) . 288,289
D ecisions under com m on law .............................................................................. 289-307
B oycott— injunction—labor organizations as parties—interference
w ith em ploym ent—proof {Irving v. Joint District Council, United
Brotherhood o f Carpenters, etc.)................................................................. 289-291
Em ployer and em ployee— injury to third person b y em ployee— lia
b ility of em ployer—scope of authority {T illar v. Reynolds)............ 291-294
Em ployers’ lia b ility —incom petent fellow -servant— evidence {Rob
bins v. Lewiston, Augusta dc Waterville Street Railway C o.).............. 294-296
Em ployers’ lia bility — new trial— successive verdicts—damages {Carr
v. American Locomotive C o.).................................................................... 296-299
Em ployers’ lia b ility — safe place to work—act of foreman {Campbell
v. Jones)....................................................................................................... 299-301
Labor organizations—iden tity—transfer of affiliation— effect on rights
to association funds {Shipwrights1, Joiners1, and Calkers1 Associa
tion, Local No. 2, o f Seattle v. M itchell).............................................. 301, 302
Strike insurance—representations— construction of p olicy —indem
nity {Buffalo Forage Co. v. Mutual Security C o.).............................. 302-307
B U L L E T IN
OP THE
B U R E ATT OF L A B O R .
No. 92.
WASHINGTON.
Januaiy, 1911.
INDUSTRIAL ACCIDENTS AND LOSS OF EARNING POWER:
GERMAN EXPERIENCE IN 1897 AND 1907.
BY HENRY J. HARRIS, PH. D.
SUM M ARY.
In order to indicate the lines on which measures for the prevention
of industrial accidents and for the medical treatment of injured work
men m aybe directed, the Imperial Insurance Office of Germany makes
a practice of publishing, at 10-year intervals, special studies of the
industrial accidents compensated under the national accident insur
ance system for workmen. Some of the fricts brought out by the
study of the industrial accidents compensated in the year 1907 may
be briefly summarized as follow s:
The information relates only to serious industrial accidents—
namely, those resulting either in disability lasting longer than 13 weeks
or in death— which were compensated in the year 1907. The much
larger number of accidents causing disability of shorter duration is
not included.
Expressed in terms of workmen who had been employed 300 days
in the year, the number of persons included in this study was 8,600,000.
A bout one workman out of every 100 received injuries causing
serious disability or death, the average rate being 9.44 per 1,000 full
time workmen.
In the period 1897 to 1907 there has been—
A decrease in the rate for accidents causing death.
A decrease in the rate for accidents causing total permanent
disability.
A decrease in the rate for accidents causing partial permanent
disability.
A marked increase in the rate for accidents causing temporary
disability lasting longer than 13 weeks.
Workmen employed in teaming, hauling, etc., have the highest acci
dent rate; workmen engaged in the tobacco industry have the lowest.
Arranged in order, the highest coming first, the follow ing 10 indus
try groups show the highest accident rates: Teaming and hauling, flour
milling, mining, quarrying, woodworking, brewing, engineering con
struction, inland navigation, iron and steel, and express and storage.
1
2
BU LLETIN OP TH E BUREAU OF LABOR.
Arranged in order, the lowest coming first, the following 10 industry
groups show the lowest accident rates: Tobacco, clothing, textiles,
printing, pottery, paper, glass, railways (private), chimney sweeping,
and marine navigation.
The accident rate for males is higher than the rate for females.
Injuries to workmen occur with some uniform ity throughout the
various months of the year, with a slightly higher rate in October.
Workmen are injured more frequently on Monday forenoon and
on Saturday afternoon than during the rest of the week.
Workmen are injured more frequently in the latter part of the
forenoon and in the latter part of the afternoon than during the rest
of the day.
Of the 81,248 workmen injured, about 5 per cent were injured dining
the first hour that they were at work, 8.6 per cent were injured during
the second hour, 9.2 per cent during the third hour, 11.3 per cent
during the fourth hour, and 12.2 per cent during the fifth hour, the
highest for the day; for the rest of the working day the percentage is
irregular.
,
Workmen are injured most frequently by fractures, contusions,
etc., and these injuries occur most frequently to the arms and legs.
Workmen are injured more frequently if they have been employed
in an establishment for but a short period of tim e; considering only the
first year of the workman’s employment in an establishment, those
employed a shorter period of time are injured more frequently than
those employed for a longer period.
W orkmen are injured more frequently if they have been employed
in an occupation for but a short period o f tim e; considering only the
first year of the workman’s employment in an occupation, those
employed for a shorter period of time are injured more frequently
than those employed for a longer period.
Workmen are injured m ost frequently by working machinery
(presses, lathes, looms, etc.); arranged in order, the highest coming
first, the five most frequent causes of injury are: First, working
machinery; second, collapse, fall, etc., of materials; third, loading,
unloading, etc.; fourth, falls, falling from ladders, stairs, etc.; and
fifth, railway operation.
Workmen receive fatal injuries m ost frequently from the collapse,
fall, etc., of materials; arranged in order, the highest com ing first,
the five most frequent causes o f fatal injury are: First, collapse, fall,
etc., of materials; second, railway operation; third, falls, falling from
ladders, stairs, etc.; fourth, inflammable, hot, or corrosive substances,
etc.; and fifth, teaming, hauling, draying, etc.
Of the injured workmen sustaining serious injuries, about 50 per cent
were still disabled to a greater or less extent at the end of five years.
W orkmen injured by accidents due to the fault o f fellow workmen
form ed 5.9 per cent, by accidents due to the fault of the em ployer
INDUSTRIAL ACCIDENTS IN GERM ANY,
18W AND 1901.
3
12.6 per cent, by accidents due to the general hazard of the industry
37.7 per cent, and by accidents due to their own fault 41.3 per cent
of all the injured persons studied.
INTRODUCTION .
As stated above, the Imperial Insurance Office of Germany makes
a practice of issuing, at 10-year intervals, special studies of the principal
facts regarding'the accidents compensated in the selected year. The
principal purpose of these studies is to indicate the possibilities of
improvement in the prevention of accidents and in the medical,
surgical, etc., treatment of the injured workmen with the view of
restoring the largest possible measure of their earning capacity.
A summary of the information contained in special studies of in
dustrial accidents compensated in the years 1887 and 1897 is given
in the Twenty-fourth Annual Report of the Commissioner of Labor,
but the study relating to the accidents compensated in the year 1907
was not received in time to be included in the report.
The national compulsory accident insurance system of Germany
includes practically all the manufacturing, building, extractive, and
transportation industries of the country, and the study of the acci
dents compensated under the national system includes nearly all
of the accidents occurring in the course of employment of a work
man. Having at their disposal information relating to accidents
covering a period of 25 years, the experts of the insurance office have
been enabled to present the salient facts regarding industrial acci
dents in a manner which makes the material of great value to other
countries; in addition, certain facts regarding the condition of the
injured persons are of service in suggesting the best methods of
administering a system of industrial accident insurance, such, for
instance, as the advantage of a system of pension payments as con
trasted with that of lump-sum payments.
Under the German system the accident insurance is administered
by mutual associations of employers, the employers in each industry
being organized into one or more associations; these administrative
organizations are used in the studies of accidents as the basis of
classifying the industries of the country into industrial groups, and in
the statistical tables given below an industrial group means a group of
one or more of these associations; for purposes of reference the official
number of the association is given each time the group is referred to.
The employers’ mutual accident insurance organizations make
provision only for those accidents which result in death or in disability
lasting longer than 13 weeks. Another series of organizations, the
sickness insurance funds, makes provision for accidents causing dis
ability of less than 13 weeks. But there is very little information
regarding the accident experience of this group of organizations. In
4
BU LLETIN OF TH E BUREAU OF LABOR.
the following pages the accidents included are only those which caused
death and those which caused disability lasting longer than 13 weeks.
The employers’ mutual accident associations defray the cost of
the accident insurance b y means of assessments based on the amount
of their pay rolls, modified by a system of risk rating based on the
number of accidents occurring in the various plants; it is directly to
the financial interest of each employer to adopt all possible means for
the prevention of accidents, and since compensation is paid to the
injured workman in the form of a pension during disability, any
betterment in the physical condition o f the injured workman which
would im prove his earning capacity thereby reduces the financial
burden on the employers. These facts, in addition to humanitarian
considerations, have led the employers’ associations to make heavy
expenditures in the enforcement of preventive measures and in the
medical treatment of the injured workman. Thus in 1897 the ex
penditures for medical treatment were $237,747, and in 1907 they
had increased to $505,250; for the enforcement of preventive meas
ures expenditures in 1897 were $246,769, and in 1907 were $355,400.
SPECIAL IN VESTIGATION S OF ACCIDENTS.
The first special study of industrial accidents in Germany included
accidents occurring in the year 1881 ;* this study formed the basis
o f the provisions contained in the bill for the accident insurance
system, which was later enacted into the law of July 6, 1884. The
1881 study was made for a special purpose, and later investigations
were planned on such entirely different lines that the information
presented in the 1881 report is not comparable with the data pub
lished in the succeeding reports.
The accident insurance system began operations O ctober 1,1885, and
as soon as the system had been in operation for a little more than two
years the first detailed study of the industrial accidents compensated
under the law of July 6,1884, was made; the first study related to the
industrial accidents compensated in the year 1887,i2* and the form
used in that investigation has been followed closely in the investiga
tions of 1897s and 1907.4 In each case the data relate to accidents
which were compensated in the years mentioned and not to' the
accidents occurring in those years.
The three studies just mentioned related to accidents in the
manufacturing and similar industries, in the building trades, in the
extractive industries, and in transportation; studies of accidents
i Published in Statistik des Deutschen Reichs, Erste Reihe, Band 53, Erganzungsheft.
* Amtliche Nachrichten des Reichs-Versicherungsamts 1890, p. 199 et seq.
8 Amtliche Nachrichten des Reichs-Versicherungsamts 1899 Beiheft; 1900 Beiheft 1,2. Gewerbe-Unfallstatistik fur das Jahr 1897.
4 Amtliche Nachrichten des Reichs-Versicherungsamts, 1910,1 Beiheft, I-III Teil. Gewerbe-TJnfallsta
tistlk fur das Jahr 1907.
INDUSTRIAL ACCIDENTS IN GERM ANY,
189*7 AND 1907.
5
compensated under the law relating to insurance of accidents in
the agricultural industries were made in the years 18911 and 19011
2
on practically the same plan. A discussion of these data will be
found in the Twenty-fourth Annual Keport of the Commissioner of
Labor (Vol. I, pp. 1124 to 1176).
SCOPE OF TH E INVESTIGATION.
The scope of the study of the accidents compensated in the year
1907 is shown in Table 1. The first line in the table gives the grand
total for all the insured persons and all the establishments included,
and comprises establishments engaged in manufacturing and similar
industries, in building trades, in navigation, and in Government
plants. The second line shows the total for all the establishments
engaged in manufacturing and similar industries, in the building
trades and in navigation, but does not include certain kinds of work,
the insurance of which is conducted by the organizations called sub
sidiary insurance institutes. The third line of the table gives sepa
rately the total for the subsidiary institutes just mentioned which,
however, include only work in building trades, in engineering con
struction, and in navigation. The fourth line of the table gives the
total for work conducted by the public authorities and comprises
work in Government plants, such as factories, postal and telegraph
work, railroads, building operations, navigation, and work similar
to navigation, such as dredging, towing, etc. Following these tables
are given the data for the various industry groups, each employers’
accident association or group of associations being given separately.
A t the bottom of the table are given the data for establishments and
operations conducted by the public authorities, the general character
of the work being readily understood from the designations used in the
table. The form used in this table is followed throughout the entire
study.
The total number of establishments subject to the insurance in the
year 1907 was 673,095; this number, however, does not include the
number of establishments conducted by public authorities, nor the
establishments whose insurance was conducted by the subsidiary
institutes. The largest number of establishments is found in the
building trades (associations 43-54) with 159,548, the express and
storage industries (association 58) with 64,771, the woodworking
industries (associations 31-34) with 61,495, the meat-products indus
tries (association 65) with 56,500, the blacksmithing, etc., industries
(association 66) with 54,728. These industries, it will be noted, are
those in which the small-sized establishment prevails, and except in
1 Amtliche Nachrichten des Reichs-Versicherungsamts, 1893, p. 231 et seq.
2 Amtliche Nachrichten des Reichs-Versicherungsamts, 1904,I-II Beiheft. Unfallstatistik fiir Land und
Forstwirtschaft, 1901.
6
BU LLETIN OF TH E BUREAU OF LABOR.
the case of the building trades these industries are not among the
five industries in which the largest number of insured persons is
engaged.
The average number of persons subject to the insurance in the year
1907 was 9,879,016. For insurance purposes the average number of
insured persons does not give an accurate statement of the number
of persons subject to the hazard of the industries in which they are
engaged; for this reason an abstract workman, called a “ full-tim e
workman,” is used and the number of such workmen is found by
taking the number of days’ work performed and dividing this number
by 300 days. Thus if an establishment is in operation 300 days in
the year and employs 200 men, the number of full-tim e workmen is
200; if this establishment were in operation but 150 days during the
year, the number of full-tim e workmen would be 100; by this method
it is possible to make accurate comparisons between the various
industry groups, some of which may be seasonal in character, while
others may work continuously during the entire year. In the tables
following the number of full-tim e workmen has generally been used.
In the year 1907 the total number of full-tim e workmen included in
the insurance was 8,604,155. The industry groups employing the
largest number of full-tim e workmen are the iron and steel group
(associations 4-11) with 1,211,881 full-tim e workmen, the building
trades (associations 43-54) with 983,499, the textiles (associations
20-27) with 912,594, and the mining industries (association 1)
with 732,584, though the State railway establishments employed
458,953 full-tim e workmen; none of the other industry groups
em ploy more than 450,000 full-tim e workmen.
The number of persons killed or injured for whom compensation
was paid for the first time in 1907 was 81,248. It should be stated that
in this table and in the following tables the number of persons com
pensated in the year 1907 is assumed to be the number of accidents,
each person killed or injured being counted as one accident. As the
number of persons employed in the various industry groups varies
so greatly, a comparison of the total number of persons compensated
in each industry group merely indicates the relative amount o f work
performed by the insurance organizations in the different industries.
The total number of persons compensated for the first time in
1907 formed 9.44 per 1,000 full-tim e workers; the number of persons
compensated in industries, building trades, and navigation formed
9.58 per 1,000 full-tim e workers, while in 1897 this proportion was
8.07 per 1,000 full-tim e workers. The increase in the accident rate
is so marked that it has been made the subject of special study and
the results are given on pages 15 to 18.
The number of persons for whom accident reports were made in the
year 1907 was 516,366, this being 60.01 per 1,000 full-tim e workers in
INDUSTRIAL ACCIDENTS IN GERM ANY,
7
1897 AND 1907.
that year. Under the German insurance system, disability lasting
less than 13 weeks is cared for by a system of sickness insurance funds,
so that the vast m ajority of accidents are not handled by the acci
dent associations; in addition, reports of accidental injuries are
frequently made for the purpose of establishing a possible claim of
the workman for compensation, but which official investigation later
proves not to have been industrial accidents within the meaning
of the law. An accident report, in fact, means merely a notifica
tion that a workman claims to have been injured and intends
to apply for compensation, even though the case may be a doubtful
one. These data are therefore of questionable value and have not
been made the subject of further study in the investigations con
ducted by the Imperial Insurance Office.
T a b l e 1.—SCOPE OF TH E IN VESTIGATION : NUM BER OF ESTABLISHM ENTS, AV E R AG E
NUM BER OF PERSONS IN SU RED , NUM BER OF FULL-TIM E W O R K E RS IN SU R ED ,
AND NUM BER OF INJURED PERSONS COMPENSATED FOR TH E FIR ST TIM E IN
1907 AND 1897.
rSource: Amtliche Nachrichten des Reichs-Versicherungsamts, 1910. I Beiheft, I Teil.
statistik fur das Jahr 1907, pp. 2 to 191.]
Gewerbe-Unfall-
Number of persons killed or injured—
Asso
cia
tion
num
ber.
Industry, etc.
Num
ber of
estab
lish
ments
in 1907.
Average
number
of insured
persons
in 1907.
Number
of full
time
insured
workers
in 1907.
For whom accident
Per 1.000
full-time reports were made—
Com
workers
pen
to whom
sated compensa
for
tion was
Per 1.000
the paid
for the
full-time
first
first time
workers in—
time
In 1907.
in—
in
1907.
1907. 1897.
1907.
1897.*
A. TOTALS.
Grand total......................
P)
9,879,016 8,604,155 81,248
9.44
Industrial accident asso
ciations (not including
institutes)...................... 673,095 9,018,367 7,860,780 75,370 9.58
Subsidiary institutes of
building trades, engi
neering, and naviga
tion associations............
136,944
81,164 1,345 16.57
P)
Public authorities............
662,211 4,533 6.85
723,705
P)
P) 516,366 60.01
8.07 465,224
59.18
3,068
48,074
37.80
72.60
P)
P)
P)
48.81
8
B. GROUPS OF ASSOCIA
TIONS.
1 Mining..............................
2 Quarrying........................
3 Fine mechanical products
4-11 Iron and steel...................
12,13 Metal working..................
14 Musical instruments........
15 Glass..................................
16 Pottery.............................
17 Brick and tile m aking....
18 Chemicals.........................
19 Gas and water works.......
20 Linen................................
27 Silk...................................
20-27 Textiles (including linen
and silk )........................
28 Paper making...................
1Not reported.
732,584
2,258
732,584 11,381 15.54 12.09 92,455 126.20
476,691
12,779
174,446 2,677 15.35 11.94 12,001 68.79
5,802
222,958
222,958 1,481 6.64 5.38 10,336 46.36
40,276 1,249,681 1,211,881 14,083 11.62 28.92 117,868 97.26
5,934
216,738
200,929 1,533 7.63 4.21
7,686 38.25
1,203
54,943
32,504
225 6.92 3.96
1,126 34.64
960
85,636
77,850
347 4.46 4.07
2,634 33.83
1,349
91,447
91,447
310 3.39 2.33
1,689 18.47
11,582
293,126
201,412 1,931 9.59 6.71
7,073 35.12
214,904
8,618
206,263 2,038 9.88 7.76 13,034 63.19
67,452
2,596
67,452
435 6.45 5.14
4,884 72.41
582
58,830
58,830
280 4.76 4.49
1,038 17.64
72,032
2,251
72,032
93 1.29 1.26
7.22
520
98.16
47.64
32.89
84.87
30.83
20.95
23.63
13.37
24.96
52.68
66.43
14.93
5.50
15,457
1,264
13.17
38.80
914,033
83,335
912,594 2,739 3.00 3.25 12,669
86,087
793 9.21 9.27
3,808
2Including blacksm ithing, etc.
13.88
44.23
8
BU LLETIN OF TH E BUREAU OF LABOR.
T a b l e 1.— SCOPE OF TH E IN VESTIG ATIO N : NUM BER OF ESTABLISH M EN TS, AVERAG E
NUM BER OF PERSONS IN SU RED , NUM BER OF FU LL-TIM E W O R K E RS IN SU RED ,
AND NUM BER OF IN JU RED PERSONS COM PENSATED FO R TH E FIR ST TIME IN
1907 AND 1897—Concluded.
Number of persons killed or injured—
Asso
cia
tion
num
ber.
Industry, etc.
Num
ber of
estab
lish
ments
in 1907.
For whom accident
Per 1.000
reports were made—
full-time
Com
Number
Average of full
workers
pen
number
to whom
time
sated compensa
of insured insured
for
persons workers
tion was
Per 1,000
the
in 1907. in 1907.
full-time
first paid for the
first
time
workers
in—
time
In 1907
in—
in
1907.
1907. 1897.
1907.
1897.
B. GROUPS OP associa
tions—concluded.
29
30
31-34
35
36
37
40
41
42
43-54
55
56
57
58
59
60-62
63
64
65
66
Paper products................
Leather.............................
W oodworking...................
Flour m illing....................
Food products..................
Sugar................................
Dairying, distilling, and
starch.............................
Brewing and m alting.......
Tobacco.............................
Clothing............................
Chimney sweeping..........
Building trades (not in
cluding institutes)........
Printing and publishing..
Private railways..............
Street and small railroads.
Express and storage.........
Livery, drayage, cartage,
etc..................................
Inland navigation............
Marine navigation (not
including institute)___
Engineering, excavating,
etc. (not including in
stitute) ..........................
Meat products..................
Blacksmithing, etc..........
3,803
6,157
61,495
28,313
10,636
419
131,360
79,146
431,980
63,930
142,119
93,384
131,360
75,262
397,707
63,930
125,843
55,844
500 3.81 3.39
537 7.14 5.23
5,280 13.28 11.77
1,027 16.06 13.51
789 6.27 6.79
508 9.10 7.89
3,799
2,072
20,603
3,360
3,475
2,693
28.92
27.53
51.80
52.56
27.61
48.22
21.84
20.85
51.30
40.85
22.16
45.87
8,203
9,354
6,919
8,269
3,861
50,286
110,213
165,337
267,576
5,686
50,478
123,217
165,337
240,819
5,686
409 8.10 7.67
1,608 13.05 11.31
.42
81
.49
676 2.81 2.18
34 5.98 6.14
1,905 37.74
14,341 116.39
716
4.33
3,199 13.28
225 39.57
27.43
93.36
3.66
9.03
21.82
53,682
2,818
2,292
5,128
20,937
54.58
19.89
75.80
73.82
60.38
50.52
12.77
60.70
63.50
67.07
2,500 26.61 16.97
753 11.82 11.35
8,283
3,885
88.18
68.42
60.64
49.64
6.22
8.95
3,804
51.56
53.57
2,143 12.95 11.85
1,120 8.80 7.03
929 7.87
G)
12,813
4,338
3,593
77.44
34.07
30.45
52.88
25.28
0)
159,548 1,365,161
7,061
169,813
27,622
170
449
67,276
64,771
346,756
983,499 11,031 11.22 11.14
141,666
428 3.02 2.66
30,238
168 5.56 5.86
69,465
485 6.98 5.14
3,932
346,756
11.34 12.36
33,242
18,890
97,842
63,716
93,932
56,782
1,602
79,005
73,780
18,627
56,500
54,728
297,560
104,645
154,426
165,447
127,318
118,007
(*)
21,457
19,467
105
5.39
5.91
1,155
59.33
33.90
(2)
41,606
39,233
157
4.00
5.82
1,079
27.50
39.87
(2)
(a)
(2)
62,534
435,538
6,400
38,026
458,953
6,513
(2)
(2)
48,313
731
31,384
685
248
1
7.90
1.46
6.59
9.03
1,591
26
50.69
37.97
36.54
36.10
(2)
107,126
67,950
505
7.43
5.99
2,770
40.77
21.03
459
C. PUBLIC AUTHORITIES.
Establishments of the
naval adm inistration...
Establishments of the
m ilitary administration
Postal and telegraph ad
m inistration..................
Railway adm inistration..
Dredging, towing, etc___
Building o p e r a t i o n s
(States and E m pire). . .
Marine navigation............
Building operations of
local governments.........
1 Included in associations 4-11.
122 3.21 5.66
3,316 7.23 7.03
79 12.13 11.56
1,854 48.76 11.85
38,873 84.70 64.81
726 111.47 133.14
* Not reported.
SEX AND AGE OF TH E INJURED PERSONS.
The accident rate in the various industries, with the injured, etc.,
persons classed according to age and sex, is shown in Table 2. Where
the number of injured, etc., persons was large enough to compute
rates for the separate industries in each group of industries, the
subgroups are given.
INDUSTRIAL ACCIDENTS
IN GERMANY, 1897 AND 1907.
9
The average accident rate for all insured persons in 1907 was 9.44
per 1,000 full-tim e workers— in other words, approximately 1 per
cent of the persons covered by the industrial insurance system
received injuries during the year. The fact of greatest interest in
the report is the relative standing of the various industries as dis
closed by the accident rates. The industry group which in 1907 had
the greatest proportion of injured employees was that designated
“ livery, drayage, cartage, etc.” (association 59), which had a rate of
26.61; the group with the next highest rate is that of flour milling
(association 35), with an accident rate of 16.06 per 1,000 full-time
workers. The groups of mining (association 1) and quarrying (asso
ciation 2) had each a rate of over 15 per 1,000 full-tim e workers.
Following these come woodworking (associations 31-34) with 13.28,
brewing and malting (association 39) with 13.05, engineering, exca
vating, etc. (association 64), with 12.95, inland navigation (associations
60-62) with 11.82, iron and steel (associations 4-11) with 11.62,
express and storage (association 58), with 11.34, and the building
trades (associations 43-54) with 11.22 per 1,000 full-tim e workers.
A ll of the other groups of industries had a rate of less than 10 per
1,000 full-tim e workers.
There are seven groups with rates of less than 5 per 1,000 full
time workers; the tobacco group (association 40) has the lowest rate
of any of those in the table, with only 0.49 per 1,000 full-tim e workers;
this is followed by clothing (association 41) with 2.81, textiles (asso
ciations 20-27) with 3.00, printing and publishing (association 55)
with 3.02, pottery (association 16) with 3.39, paper products (asso
ciation 29) with 3.81, and glass (association 15) with 4.46 per 1,000
full-time workers. There are 17 groups with rates over 5 and less
than 10 per 1,000.
The part of the table giving the accident rates for the subdivi
sions shows that in a number of the subgroups of industries the
accident rate is unusually high; in the case of tenders of motors, etc.,
engaged in the building trades (associations 43-54), 55.04 per 1,000
full-time workers received injuries requiring compensation; five
other subgroups of industries had such rates in excess of 25 per 1,000
full-tim e workers, namely, hauling of goods, etc. (association 59),
shops engaged in iron work, structural work, etc. (associations 4-11),
miscellaneous work of commercial establishments (association 58),
express workers, furniture movers, etc. (association 58), boiler
workers, etc. (associations 4-11).
For female adults the subgroups of industries show a number of
high accident rates, though these rates are to be accepted with
caution because of the small number of persons engaged in the occupa
tion. In the subgroup blacksmithing, farriers, etc. (association 66),
10
BU LLETIN OP TH E BUREAU OF LABOR.
there is a rate of 80 per 1,000 full-tim e workers (wom en); in the sub
group hauling of goods, etc. (association 59), there is a rate o f 43.33
(w om en); in group coal and wood dealers (association 58) the rate
is 35.78 (wom en); in two subgroups of the building trades, namely,
tinsmiths and carpenters (associations 43-54), the rates are respec
tively 22.22 and 21.28 per 1,000 full-tim e workers (wom en). None
o f the other subgroups or groups of industries has a rate for female
adults in excess of 15 per 1,000 full-tim e workers (women).
In the case o f young persons there are also a number o f high acci
dent rates, but here also it is probable that such rates have been
unduly influenced by the fact that the number o f persons exposed
to the risk is small and inadequate for the com putation of rates. In
the subgroup tenders of m otors, etc. (associations 43-54), boys
under 16 years had a rate of 139.07 per 1,000 full-tim e workers
(boys); the subgroup hauling of goods, etc. (association 59), had a
rate for boys under 16 of 34.90 per 1,000 full-tim e workers (boys);
subgroup flour mills, etc. (association 35), had a rate of 22.01 per 1,000
full-tim e workers (boys). None of-the other subgroups had a rate in
excess of 20 per 1,000 full-tim e workers (boys). In the case o f girls
under 16 the same caution as to the adequacy of the number o f cases
for forming a rate must be observed; the subgroup construction o f
railways, etc. (association 64), the rate for girls under 16 was 68.97
per 1,000 full-tim e workers (girls). In the storage and transporta
tion of beers and wines, etc. (association 58), the rate for girls under
16 was 45.45 per 1,000 full-tim e workers (girls). Aside from these
tw o rates, none of the other subgroups showed rates in excess of 12
per 1,000 full-tim e workers.
In general the accident rates for male adults are higher than the
rates for female adults; it may be assumed that the heavier and the
more dangerous work is performed by men and the accident rates
naturally reflect this state of affairs. There are four cases (associa
tions 55, 59, 64, and 66) in which the accident rates o f the industry
groups for female adults are higher than the rates for men; three of
these— namely, livery, drayage, cartage, etc. (59); engineering, exca
vating, etc. (64), and blacksmithing, etc. (66)— are groups in which the
number of women em ployed is small and the accident rates are therefore
subject to greater fluctuations than would be the case if the numbers
were larger. It is also obvious that these industries contain occu
pations not adapted for the weaker physique of women, and tw o of
them (livery, drayage, etc., and engineering, excavating, etc.) show
accident rates for men which are among the highest rates given in
the table. The group printing and publishing (association 55) has
an accident rate for men of 2.60 and for women of 3.93 per 1,000 full
time workers of the same sex and age group. The experience of the
Leipzig Sick Fund (Twenty-fourth Annual Report of the Commis
INDUSTRIAL ACCIDENTS IN GERM ANY,
1897 AND 1907.
11
sioner of Labor, Vol. I, pp. 1321 and 1323) shows that for all accidents
(industrial and nonindustrial) the males engaged in printing and
publishing had a rate of 5(14 per 1,000 members, while for females
the rate was 36.1; the rate of the accident association for the acci
dents resulting in death or in disability of more than 13 weeks seems
to indicate that accidents in the printing industries are more serious
in the case of women than in the case of men.
The data as to the relative hazard of the various industries may
be summed up by stating that establishments in which a high acci
dent rate was to have been expected, such as underground work
(e. g., mining, quarrying, etc/), operations especially exposed to the
dangers of the elements (e. g., navigation), as a matter of fact do
show a high rate of injuries. The rates for these industries are ex
ceeded by those industries using mechanical apparatus of various
kinds, such as the haulage, dray age, etc., the milling industries, etc.
Likewise the establishments which use a large amount and variety
of machinery, such as the iron and steel, the woodworking, etc., indus
tries, also show high accident rates, though in these establishments the
hazard of the machinery is reduced by careful and continuous super
vision, training of the workers, use of safety appliances, etc.
T a b l e 2 .-S E X AN D AGE OF IN JU RED PERSON S: NUM BER OF ESTABLISHM ENTS AND
FULL-TIM E W O R K E R S, AND NUM BER PE R 1,000 FU LL-TIM E W O R K E RS OF PERSONS
K ILLE D O R IN JU RED, B Y IN DU STRIES AND SE X , 1907.
[Source: Am tliche Nachrichten des Reidis-Versicherungsamts, 1910. I Beiheft, I Teil.
statistik fur das Jahr 1907, pp. 1 to 293.]
Gewerbe-Unfall-
12
BU LLETIN OF TH E BUREAU OF LABOR.
T able 2.—SEX AND AGE OF INJURED PERSONS: NUMBER OF ESTABLISHMENTS AND
FULL-TIME WORKERS, AND NUMBER PER 1,000 FULL-TIME WORKERS OF PERSONS
KILLED OR INJURED, BY INDUSTRIES AND SEX, 1907—Continued.
Persons injured, etc., receiving compensa
tion for the first time in 1907.
Asso
cia
tion
num
ber.
Industry, etc.
Num Number
ber of
of full
estab
time
lish
workers.
ments.
Per 1,000 full-tim e workers of the
same age and sex.
Total
num
ber.
Adults (16
and over).
Y oung per
sons (under
16).
Total.
Fe Male. Fe
Male. male.
male.
B. GROUPS OF ASSOCIATIONS—
continued.
2
3
4-11
12,13
Quarrying:
T ota l..
Open air...................................
Cement factories, mills for
working minerals, marble,
etc.........................................
Fine mechanical products:
T otal........................................
E lectro-technical establish
m ents..................................
Iron and steel:
Total.......................................
12,779
174,446
2,677
15.35
15.63
7.03
9.34
8,614
86,462
1,502
17.37
17.60
9.22
11.70
5.15
295
29,040
363
12.50
12.78
5.36
6.83
5,802
222,958
1,481
6.64
7.09
4.22
5.51
1,670
94,594
809
8.55
9.29
4.57
6.67
40,276 1,211,881
14,083
11.62
12.24
5.36
6.98
514,793
21,676
32,236
37,912
33,488
95,358
4,882
544
996
411
582
630
9.48
25.10
30.90
10.84
17.38
6.61
9.72
26.11
31.62
11.12
17.84
7.47
3.99
6.49
7.34
7.02
16.68
9.64
-8.21
4.47
79,206
493
6.22
6.41
4.90
5.35
4.26
46,678
191,648
20,953
337
3,323
404
7.22
17.34
19.28
7.36
17.70
19.49
6.83
8.42
14.89
6.75
12.75
15.63
6.76
8.13
200,929
1,533
7.63
8.37
7.56
3.31
2.06
871
225
347
310
9.14
6.92
4.46
3.39
9.07
7.23
5.22
4.36
11.72
4.64
2.16
1.25
3.84
6.58
2.06
2.34
2.71
Machine building, machine
shops, e tc.............................. 10,914
Boiler works............................
608
Iron, structural, etc., sh op s...
600
W agon and carriage building.
166
Shipbuilding............................
169
Lock making, e t c ................... 16,486
Iron and steel wares, indud. ing blacksm ithing................ 4,145
Sheet iron works, not includ
1,932
ing boiler works...................
Blastfurnaces..........................
643
Engine works..........................
9,273
Metal working:
Total......................................... 5,934
2,022
1,203
960
1,349
5.14
......
9.58
14
15
16
17
Metal ware factories.
Musical instruments___
Glass...............................
Pottery...........................
Brick and tile:
T otal........................
11,582
201,412
1,931
9.59
10.09
4.51
10.88
5.03
18
. Brickmaking and clay digging 10,839
Chemicals:
Total......................................... 8,618
190,955
1,772
9.28
9.75
4.31
10.97
5.30
206,263
2,038
9.88
11.45
3.60
6.59
2.29
1.59
19
20-27
Chemical factories, inorganic
acids and alkalies.................
Gas and water works:
Total........................................
Gas works.
Textiles:
Total........
Spinning factories, wadding
factories, etc..........................
W eaving factories (not includ
ing wool weaving with spin
ning) with and without
bleaching, dyeing, etc.........
W ool weaving w ith spinning,
bleaching, dyeing,etc. (d otn
Bleaching, dyeing, printing,
and finishing, etc.................
95,322 *
32,504
77,850
91,447
........
.....
2.43
277
34,521
384
11.12
11.43
4.98
2,596
67,452
435
6.45
6.51
3.21
1.24
1.19
1,354
52,687
335
6.36
6.40
4.55
15,457
912,594
2,739
3.00
4.25
1.84
3.35
1.86
3,583
199,273
870
4.37
6.29
3.33
4.64
3.08
5,648
309,000
504
1.63
2.32
1.02
1.45
1.32
879
76,201
333
4.37
5.35
3.17
6.43
1.78
3,248
104,385
495
4.74
5.46
2.44
5.33
3.33
13
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907,
TABLE 2 .-S E X AN D AGE OF IN JU RED PERSON S: NUM BER OF ESTABLISHM ENTS AN D
FU LL-TIM E W O R K E R S, AND NUM BER PE R 1,000 FULL-TIM E W O R K E RS OF PERSONS
K IL LE D OR IN JU RED, B Y IN D U STRIES AN D S E X , 1907-Conttoued.
Persons injured, etc., receiving compensa
tion for the first tim e in 1907.
Asso
cia
tion
num
ber.
Industry, etc.
Num Number
ber of
full
estab of
time
lish workers.
ments.
Per 1,000 full-tim e workers of the
same age and sex.
Total
num
ber.
Adults (16
and over).
Young per
sons (under
16).
Total.
Fe Male. Fe
Male. male.
male.
B. GROUPS OP ASSOCIATIONS—
continued.
28
Paper making:
Total.........................................
29
30
Paper factories.........................
Paper products...............................
Leather:
Total.........................................
31-34
35
36
37
1,264
86,087
793
9.21
11.11
2.49
8.20
1.14
495
3,803
49,105
131,360
417
500
8.49
3.81
11.10
4.23
.99
3.17
8.84
5.12
1.52
3.22
6,157
75,262
537
7.14
7.79
3.07
4.85
3.72
Leather m aking....................... 1,787
W oodworking:
Total......................................... 61,495
41,301
392
9.49
9.82
5.85
7.62
3.16
397,707
5,280
13.28
14.66
2.71
5.98
1.48
7.92
18.37
10.20
W ood sawing and storing....... 6,991
Making of smooth woodenware....................................... 45,922
Flour m illing:
Total......................................... 28,313
84,602
1,941
22.94
23.40
225,117
2,575
11.44
12.45
3.72
4.25
1.22
63,930
1,027
16.06
15.95
12.97
24.79
18.18
Flourm ills with roller process,
elevators, etc., seed, and oil
m ills, etc............................... 27,476
Food products................................ 10,636
Sugar, etc.:
Total.........................................
419
55,070
125,843
820
789
14.89
6.27
14.76
8.00
14.39
4.14
22.01
5.72
2.61
55,844
508
9.10
9.76
3.08
2.68
38
39
Sugar factories.........................
Dairying, distilling, and starch ...
Brewing and malting:
Total.........................................
373
8,203
41,642
50,478
381
409
9.15
8.10
9.60
9.10
3.66
4.18
3.60
4.77
9,354
123,217
1,608
13.05
13.18
9.08
13.09
40
41
Breweries.................................
Tobacco..........................................
Clothing:
Total................. : .....................
7,042
6,919
109,283
165,337
1,483
81
13.57
.49
13.67
.99
10.19
.25
13.73
.58
.21
8,269
240,819
676
2.81
4.67
1.39
4.54
1.01
Shoe factories........................... 2,041
Chimney sweeping......................... 3,861
Building trades (not including in
stitutes):
Total......................................... 159,548
66,697
5,686
343
34
5.14
5.98
6.85
6.63
1.04
6.26
2.32
1.34
42
43-54
55
56
57
1.86
983,499
11,031
11.22
11.60
9.25
5.26
10.08
Masons.....................................
Carpenters...............................
Tinsm iths................................
Roofers.....................................
Painters....................................
Stonecutters and stucco work
ers.........................................
Tenders of motors (prime
m overs), boilers, machines,
etc., mechanical woodwork
ing.........................................
Printing and publishing:
Total.........................................
58,339
31,040
19,543
12,770
36,673
497,968
123,197
52,735
21,511
103,928
4,943
1,866
407
511
503
9.93
15.15
7.72
23.76
4.84
10.19
15.70
7.88
24.51
5.19
8.64
21.28
22.22
9.28
10.99
4.88
6.72
6.38
12.14
1.82
9,055
43,075
386
8.96
9.13
7.66
5.79
6,136
14,825
816
55.04
54.28
7,061
141,666
428
3.02
2.60
3.93
3.47
6.11
Book printing..........................
Private railways............................
Street and small railroads:
Total.........................................
6,887
170
112,084
30,238
369
168
3.29
5.56
2.66
5.62
5.00
2.65
3.63
7.19
8.87
449
69,465
485
6.98
7.03
3.42
6.87
Street railways........................
188
56,318
370
6.57
6.60
4.15
5.75
85048°—Bull. 92—11-----2
139.07
14
BU LLETIN OF TH E BUREAU OF LABOR,
T able 2.—SE X AN D AGE OF IN JU RED PERSON S: NUM BER OF ESTABLISHM EN TS AND
FU LL-TIM E W O R K E R S, AN D NUM BER PE R 1,000 FU LL-TIM E W O R K E RS OF PERSONS
K IL LE D OR IN JU RED , B Y IN D U STRIES AN D S E X , 1907—Concluded.
Persons injured, etc., receiving compensa
tion for the first time in 1907.
Asso
cia
tion
num
ber.
Industry, etc.
Num Number
ber of
f full
estab otime
lish workers.
m ents.
Per 1,000 full-tim e workers of the
same age and sex.
Total
num
ber.
Adults (16
and over).
Total.
Young per
sons (under
16).
Fe
Fe
Male. male.
Male. male.
B. GROUPS OP ASSOCIATIONS—
concluded.
58
Express and storage:
Total......................................... 64,771
Coal and wood dealers............ 2,996
Building material dealers
(beams and lum ber).......
3,915
Beer, wine, etc., and ice dealers 7,108
Dealers in agricultural prod
ucts.......................................
6,478
Express and furniture movers. 1.740
Miscellaneous work of com
mercial e sta b lish m e n ts
1,151
(packers, gaugers, e tc.)..
Livery, drayage, cartage, etc.:
33,242
Total....................................
60-62
64
Hauling passengers and postal
m atter................................... 11,559
Hauling of goods, furniture,
etc., heavy moving, e tc..
22,016
Inland navigation:
Total....................................
18,890
346,756
3,932
11.34
14.58
2.67
1.60
17,951
448
24.96
24.84
35.78
5.32
27,169
23,800
625
351
23.00
14.75
24.17
15.54
7.75
9.83
2.83
4.73
23,425
21,678
318
581
13.58
26.80
14.83
27.72
4.18
4.35
2.95
3.38
26,077
745
28.57
30.33
5.12
4.29
93,932
2,500
26.61
26.51
36.33
31.91
0.99
45.45
19.51
34,466
396
11.49
11.47
52,804
1,915
36.27
36.25
43.33
34.90
56,782
1753
11.82
13.81
13.70
5.08
River and canal shipping....... 16,193
Marine navigation (not including
institute):
Total....................................
1,602
30,411
8330
10.49
11.21
73,780
459
6.22
6.31
1.54
3.68
Merchant marine, steam ers...
323
Engineering, excavating, etc. (not
including institute):
Total......................................... 18,627
59,908
311
5.19
5.25
1.54
4.12
165,447
2,143
12.95
12.91
13.09
18.81
30.77
78,782
1,197
15.19
15.22
11.57
15.97
68.97
Construction of railways, har
bor work, fortification work. 4,322
Cable laying, sewer, gas, wa
ter, and other conduit in
stallation..............................
4,042
Meat products:
Total......................................... 56,500
Meat packing,slaughtering,etc. 55,674
Blacksmithing, etc.:
Total....................................
54,728
Blacksmithing, farriers, iron
and steel wares................
54,053
4.01
8.00
26,428
303
11.47
11.55
127,318
1,120
8.80
10.06
2.45
13.51
2.03
119,479
1,045
8.75
10.11
2.27
13.53
2.05
118,007
929
7.87
8.21
14.84
4.44
10.00
107,035
821
7.67
8.04
80.00
4.22
C. PUBLIC AUTHORITIES.
Establishments of the naval ad
ministration................................
Establishments of the military
administration............................
Postal and telegraph administra
tion..............................................
Railway adm inistration................
Dredging, towing, etc...................
Building operations (States and
Em pire).......................................
Marine navigation.........................
Building operations of local gov
ernments.....................................
(8)
19,467
105
5.39
5.39
8.93
2.98
(3)
39,233
157
4.00
4.82
2.09
13.16
( 3)
38,026
458,953
6,513
122
3,316
79
3.21
7.23
12.13
3.21
7.31
12.14
3.22
4.57
3.71
( 3)
(8)
31,384
685
248
1
7.90
1.46
7.80
1.50
16.13
5.00
(8)
67,950
505
7.43
7.39
9.97
5.36
(8)
(8)
1 Including 9 injured persons in foreign establishments.
* Including 6 injured persons in foreign establishments.
8 Not reported.
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907.
15
INCREASE IN TH E GENERAL ACCIDENT RA TE.
The increase in the accident rate during the period 1897 to 1907
has been made the subject of special attention, and in order to disclose
its extent Table 3 shows the number of persons killed or injured per
1,000 full-time workers for each industry group.
The increase in this rate for all establishments, except those con
ducted by public authorities, is best shown in the second line of figures
in Table 3.
The increases in the accident rates must be considered in connection
with the degree o f disability caused by the injuries. The following
table classifies the injuries according to whether they result in death,
in total permanent disability, in partial permanent disability, or in
temporary disability:
NUM BER OF FU LL-TIM E W O R K E RS, NUM BER OF IN JU RED PERSONS, AN D NUM BER
P E R 1,000 FU LL-TIM E W O R K E RS K IL LE D O R IN JU RED B Y ACCIDENTS COMPEN
SATED FOR THE F IR ST TIME IN EACH Y E A R OF THE PERIO D 1897 TO 1907, IN SU RED
IN IN D U STRIA L ACCIDENT ASSOCIATIONS.
[Source: Am tliche Naehrichten des Reichs-Versicherungsamts 1899 to 1909.]
Years.
1897....................................
1898....................................
1899....................................
1900....................................
1901....................................
1902....................................
1903....................................
1904....................................
1905....................................
1906....................................
1907....................................
Number of
full-time
workers.
5,170,366
5,462,829
5.781.495
6,021,856
6,000,615
6,226,584
6,553,514
6.868.496
7,159,842
7,512,728
7,869,421
Number of persons per 1,000 full-time workers
compensated for the first time for accidents re
sulting in—
Number of
injured per
sons com
pensated
Permanent disa
Tempo
bility.
for the first
rary disa
time.
Death.
bility of
Total.
over 13
Total.
Partial.
weeks.
41,746
44,881
49,175
51,697
55,525
57,244
60,550
65,205
68,360
71,227
75,370
0.82
.85
.83
.85
.83
.73
.72
.72
.72
.72
.77
0.12
.10
.10
.10
.10
.10
.09
.09
.08
.08
.07
4.11
4.09
4.12
4.11
4.36
4.28
4.19
4.20
4.11
4.01
3.85
3.02
3.18
3.46
3.52
3.96
4.08
4.24
4.48
4.64
4.67
4.89
8.07
8.22
8.51
8.58
9.25
9.19
9.24
9.49
9.55
9.48
9.58
It will be remembered that the data in this study include only those
accidents resulting in disability lasting longer than 13 weeks or in
death.
The change from the general accident rate of 8.07 in 1897 to 9.58
in 1907 represents an increase of 1.51 per 1,000 full-time workers or of
18.7 per cent in the rate. This rate is composed of accidents resulting
in death, in total permanent disability, in partial permanent disability,
or in temporary disability of over 13 weeks. The detailed informa
tion contained in the report shows that there has been a decrease in
the fatal rate, a decrease in the rate for total permanent disability,
a decrease in the rate for partial permanent disability, but a marked
increase in the rate for temporary disability. The increase in the
general rate, therefore, is due entirely to the increase in the less serious
16
BU LLETIN OF TH E BUREAU OF LABOR.
cases of injury. The average rate for all establishments also fails to
give as accurate an impression of the tendency as do the rates for the
various industry groups.
All except seven of the industry groups show an increase in the
number of persons injured per 1,000 full-time workers; the group
livery, drayage, cartage, etc., increased from 16.97 in 1897 to 26.61
per 1,000 full-time workers in 1907; the group flour milling increased
from 13.51 in 1897 to 16.06 per 1,000 full-time workers in 1907; the
group mining, etc., increased from 12.09 in 1897 to 15.54 per 1,000
full-time workers in 1907; the group quarrying increased from 11.94
in 1897 to 15.35 per 1,000 full-time workers in 1907. These groups
with high accident rates indicate the general tendency of the great
majority of the industries to have a higher accident rate. As already
stated, seven of the groups show decreases in the rate per 1,000 full
time workers; these are textiles with a decrease from 3.25 in 1897 to
3 in 1907, paper making from 9.27 to 9.21, food products from 6.79
to 6.27, chimney sweeping from 6.14 to 5.98, private railways from
5.86 to 5.56, express and storage from 12.36 to 11.34, while marine
navigation shows a considerable decrease from 8.95 in 1897 to 6.22 per
1.000 full-time workers in 1907. With the exception of the lastnamed group, all of the decreases are comparatively slight. The
increases, on the other hand, are in many cases quite marked.
The accident rate for workers engaged in Government industrial
plants and operations shows some fluctuations during the period
given in the preceding table, being highest in 1903, when it was 7.66
per 1,000 full-time workers, and lowest in 1897, when it was 6.79 per
1.000 full-time workers; since 1903 the general tendency has been for
the rate to decrease.
The increase in the number of accidents has been so marked that
the Imperial Insurance Office sent a circular letter to each of the
accident associations in order to determine the cause. The returns
showed that the increase was principally due to the following causes:
Stricter control in regard to reporting accidents, employment of
untrained and inexperienced workmen, more frequent prosecution of
claims by the injured persons because of their better knowledge of the
law, better knowledge of the literal definition of what is an “ indus
trial accident,” increase of the cases in which the officials of the insur
ance system admitted a causal connection between an existing malady
or weakness and its aggravation by an accident, the frequent granting
of a transitory or “ accustoming” pension in cases where strictly
speaking there was no longer a loss of earning power, and finally the
frequency of changes in the personnel of the labor force of the plant.
According to the report, an increasing accident rate is an unfortu
nate but at the same time a well established and natural accompani
ment of the industrial development of a country; in a time of indus
INDUSTRIAL ACCIDENTS IN GERMANY*
17
1897 AND 1907,
trial activity new and often inexperienced employees are taken on,
and all employees are urged to turn out a maximum product in order
to make the fullest possible use of the machinery, and naturally a
higher accident rate results. It may also be noted that in times of
depression, sending workmen from one establishment or occupation
to another is likely to result in an increase in the number of accidents.
T a b l e 3.— INCREASE
IN THE G EN ERAL ACCIDENT R A T E : NUM BER OF PERSONS
K ILLE D OR INJURED P E R 1,000 FU LL-TIM E W O R K E R S, 1897 TO 1907, B Y IN D U STRY
GROUPS.
[Source: Am tliche Nachrichten des Reichs-Versicherungsamts, 1910. I Beiheft, I Teil. Gewerbe-Unfallstatistik fur das Jahr 1907, pp. 18* to 23* ]
Association
num
ber
Number of persons killed or injured per 1,000 full-tim e workers in—
Industry, etc.
1897
1898
1899
1900
1901
1902
1903
1904
1905
1906
1907
A. TOTALS.
Grand total........................ 8.08 8.18 8.47 8.54 9.16 9.13 19.21 19.41 19.46 19.38 9.44
Industrial accident associations (not including
institutes)....................... 8.07 8.22 8.51 8.58 9.25 9.19 9.24 9.49 9.55 9.48 9.58
Subsidiary institutes of
building trades, engi
neering, and navigation
associations..................... 17.89 13.82 14.14 14.61 15.31 15.59 117.06 117.76 114.92 116.35 16.57
Public authorities.............. 6.79 6.82 7.13 7.11 7.24 7.41 7.66 7.20 7.42 7.16 6.85
1
2
3
4-11
12,13
14
15
16
17
18
19
20
27
20-27
28
29
30
31-34
35
36
37
38
39
40
41
42
43-54
55
56
57
58
59
60-62
63
64
65
66
B. GBOUPS OP ASSOCIA
TIONS.
M in in g ......................................
12.09 12.77 12.10 12.19 13.06 13.53 14.59 15.46 15.53
11.94 11.38 12.40 12.44 14.78 15.33 14.91 14.83 15.14
I^ine m Sfianical products. 5.38 5.51 5.14 5.26 6.78 5.89 5.82 6.43 7.08
28.92
29.76 210.05 210.07 211.39 11.45 11.25 11.62 11.45
Iron and steel....................
4.21 4.34 4.42 4.75 5.09 5.69 5.89 6.45 6.82
Metal w orking..................
Musical instruments.........
3.96 4.35 5.04 4.94 5.26 5.33 5.11 5.34 5.37
Glass................................... 4.07 4.31 4.87 4.19 4.77 4.28 4.92 4.89 5.08
Pottery............................... 2.33 2.38 2.04 2.73 3.01 3.06 2.73 3.23 3.31
Brick and tile m aking.___ 6.71 6.49 7.34 8.60 8.24 8.74 7.85 8.61 9.42
Chemicals........................... 7.76 7.09 7.79 8.39 9.04 7.85 7.98 8.65 8.71
Gas and water works........ 5.14 5.39 5.20 5.42 6.10 5.94 6.96 6.78 6.44
Tijnpn........................................
4.49 4.17 5.16 4.32 4.49 4.65 3.80 4.52 3.97
Silk..................................... 1.26 1.54 1.41 1.64 1.69 1.31 1.36 1.44 1.46
Textiles, including linen
and silk........................... 3.25 3.13 3.34 3.45 3.21 3.01 3.04 3.00 3.07
Paper m aking.................... 9.27 9.23 8.81 8.96 10.66 . 9.83 9.52 9.51 9.65
Paper products.................. 3.39 3.19 3.28 3.58 3.45 3.16 3.41 3.53 4.08
Leather..............................
5.23 5.98 4.96 6.06 6.66 6.15 6.53 6.45 6.51
W oodworking.................... 11.77 12.07 13.00 12.93 13.35 12.35 12.41 12.68 13.05
Flour m illin g.................... 13.51 13.32 14.43 13.83 14.49 14.96 15.67 16.18 16.24
Food products................... 6.79 5.29 5.86 5.97 6.40 6.33 5.71 5.99 5.69
Sugar.................................. 7.89 7.41 8.74 8.41 7.97 9.23 8.27 9.00 8.41
Dairying, distilling, and
starch.............................. 7.67 7.96 9.01 7.57 8.22 8.36 7.38 8.33 8.68
Brewing and m alting........ 11.31 10.87 11.21 12.17 11.88 11.88 12.78 13.22 13.08
Tobacco..............................
.42
.46
.43
.54
.59
.61
.53
.65
.48
Clothing............................. 2.18 2.67 2.65 2.70 3.29 2.72 2.85 3.07 2.67
Chimney sweeping............ 6.14 5.50 5.14 4.48 4.42 5.27 5.39 5.27 5.27
Building trades (not in
cluding institutes).......... 11.04 10.77 10.92 10.72 11.44 12.16 11.34 11.24 11.04
Printing and publishing... 2.66 2.05 2.31 2.66 2.52 2.84 2.48 2.45 3.12
Private railways................ 5.86 4.61 5.72 4.53 5.37 6.26 6.68 5.65 5.78
Street and small railroads. 5.14 5.65 7.07 6.58 8.00 8.36 7.99 7.13 7.60
Express and storage......... 12.36 12.19 13.95 14.15 14.52 13.90 13.57 11.62 12.53
Livery, drayage, cartage,
e t c .................................. 16.97 18.14 16.50 15.11 20.11 20.22 24.12 22.68 25.31
Inland navigation............. 11.35 10.70 11.73 11.74 13.84 12.97 13.69 15.02 14.31
Marine navigation (not in
cluding institute)........... 8.95 8.01 9.02 8.00 7.30 7.67 6.49 6.72 6.50
Engineering, excavating,
etc. (not including insti
tute)................................ 11.85 12.38 12.82 12.82 13.87 16.61 16.24 15.17 14.74
Meat products...................
7.03 7.13 8.08 7.66 10.05 9.19 9.90 10.17 10.02
Blacksmithing, etc............ (3)
3.61 5.89 8.77 7.79
(3)
(3)
(3)
(3)
1 Not including subsidiary institute of the navigation accident association.
2Including blacksm ithing, etc.
3Included in associations 4-11.
15.70 15.54
14.98 15.35
6.68 6.64
11.55 11.62
7.16 7.63
5.04 6.92
4.68 4.46
3.03 3.39
8.99 9.59
9.24 9.88
6.23 6.45
4.91 4.76
1.30 1.29
3.07 3.00
9.00 9.21
3.81 3.81
6.36 7.14
13.19 13.28
15.72 16.06
5.39 6.27
8.86 9.10
8.02 8.10
11.93 13.05
.49
.56
2.88 2.81
4.71 5.98
10.77 11.22
3.16 3.02
6.57 5.56
7.45 6.98
12.23 11.34
24.14 26.61
14.11 11.82
6.70
6.22
12.74 12.95
8.90 8.80
8.63 7.87
18
BU LLETIN OF TH E BUREAU OF LABOR.
T a b l e 3.— IN CREASE IN
TH E G E N E R A L ACCIDEN T R A T E : N U M BER OF PERSONS
K IL L E D O R IN JU RED P E R 1,000 FU LL-TIM E W O R K E R S, 1897 TO 1907, B Y IN D U STRY
GROUPS—Concluded.
Association
num
ber.
Number of persons killed or injured per 1,000 full-time workers in—
Industry, etc.
1897
1898
1899
1900
1901
1902
1903
1904
1905
1906
1907
C. PUBLIC AUTHORITIES.
Establishments of the
naval administration___ 5.91
Establishments of the mil
itary adm inistration___
5.82
Postal and telegraph ad
m inistration.................... 5.66
Railway adm inistration... 7.03
Dredging, towing, etc....... 11.56
Building o p e r a t i o n s
(States ana Em pire)___ 6.59
Marine navigation............. 9.03
Building operations of
5.99
local governments..........
6.55
7.58 10.56
6.01
6.13
4.69
9.54 10.28
9.47
6.35
4.69
4.80
5.39
4.22
6.01
4.81
4.37
4.22
4.00
5.40
4.89 5.19 6.23 5.45 4.91 4.24 3.36 4.06 3.70 3.21
7.06 7.33 7.33 7.48 7.68 7.82 7.63 8.14 7.71 7.23
9.31 12.65 10.80 14.01 12.99 10.94 13.15 15.75 11.85 12.13
6.50
3.98
7.65
7.29
7.03 8.42 8.11 8.55
9.74 11.86 12.20 22.47
6.26
5.84
5.92
6.04
5.81
7.58
7.78
6.70
7.17
3.33
7.39
8.10
7.90
1.46
6.87
6.19
7.18
7.43
TIK E W HEN TH E ACCIDENT OCCURRED.
MONTH OF THE YEAR.
The month of the year in which the accident occurred is shown in
Table 4.
The grand total for all insured establishments in 1907 indicates that
the accidents are distributed with a fair degree of uniform ity through
out the year; the highest proportion in any one month was that for
October, when it was 9.39 per cent of all the accidents occurring in
the year, while the month of August, with 8.87 per cent, came second.
The month of February having but 28 days naturally had the smallest
proportion, with 7.22 per cent of the total number of accidents; in
some of the industry groups the distribution of the accidents reflects
the seasonal character of the industries; thus in the industry of
inland navigation, the association for inland navigation o f W est Ger
many (association 60) fluctuates between 5.07 per cent in January
and 11.96 per cent in September; in the building trades the Hamburg
Building Trades Association (association 43) fluctuates between 4.95
per cent in January and 11.08 per'cent in May. Some of the indus
tries in which such fluctuations would not'ordinarily be expected
show also a wide difference in the proportion of accidents occurring in
the different months during the year; thus the fine mechanical
products association (association 3) had only 6.62 per cent o f its
accidents in the month of May, while 9.79 per cent occurred in the
month of January.
INDUSTRIAL* ACCIDENTS IN GERMANY, 1891 AND 1901.
19
T a b l e 4.—TIME OP ACCIDENT, MONTH OP Y E A R : PE R CENT OP PERSONS IN JU R E D ,
B Y MONTH IN W HICH ACCIDENTS OCCURRED.
[Source: Am tliche Nachrichten des Reichs-Versicherungsamts, 1910. I Beiheft, I Teil.
statistik fur das Jahr 1907, pp. 300 to 309.]
Association
num
ber.
Gewerbe-Unfall-
Per cent of persons reported injured during—
Industry and cases compensated.
Jan. Feb. Mar. Apr. May. June. July. Aug. Sept. Oct. N ov. Dec.
A . T ota ls.
Grand total:
1907......... (81,248 cases)..
1897......... (45,971 cases)..
Industrial accident associa
tions (not including insti
tutes):
1907......... (75,370 cases)..
1897......... (41,746 cases)..
Subsidiary institutes of building trades, engineering, and
navigation accident asso
ciations:
1907........... (1,348 cases)..
1897...........(1,155 cases)..
P ublic authorities:
1907........... (4,533 cases)..
1897........... (3,070 cases)..
8.48 7.22 7.83 7.78
7.93 7.03 7.60 7.42
8.15
a4i
a30 9.23 A78
8.35 8.54 8.87
8.32 9.39 8.62 8.45
9.08 9.21 8.69 8.23
8.52 7.23 7.80 7.75
7.85 7.12 7.70 7.38
& 12
8.41
8.36 8.51 a 92
a 21 9.23 a83
a 34 9.39 8.63 8.43
9.11 9.28 a6 8 a 2 0
4.83 446 9.00 10.86 11.82 10.48 11.00 8.48
6.06 450 6.32 7.97 11.26 12.80 11.52 10.13
7.96 8.10 7.73 5.28
7.36 7.71 7.53 6.84
8.85 7.88 7.97 7.31
9.76 6.73 8.07 7.71
7.60
7.41
7.51 8.26 8.10
7.87 8.36 7.55
7.94 9.80 8.74 10.04
9.33 8.79 9.14 9.28
10.18 7.93 8.85 7.32
8.75 8.79 8.84 7.41
7.84
7.90
8.08 7.72 8.75
7.36 8.75 7.66
8.16 8.64 8.50 8.03
8.70 9.24 a 17 8.43
7.81 7.93 9.05 8.07
6.89 7.92 8.24 7.34
a79
9.21
8.67 8.04 7.89
7.66 9.92 8.82
7.93 9.38 8.18 8.26
9.34 8.50 7.86 8.30
9.79 9.12 7.83 7.49
8.13 6.89 8.30 7.42
6.62
7.60
7.83 8.17 8.24
7.24 a48 10.07
8.71 9.05 8.98 a 17
9.36 10.42 8.69 7.40
8.79 7.27 7.98 7.98
7.87 8.33 6.40 6.95
6.37
6.95
6.79 8.12 9.41 9.60 11.06 9.31 7.32
7.87 9.33 9.33 10.16 11.25 8.42 7.14
8.65 6.46 9.14 8.77
7.31 10.63 432 9.97
9.50
7.31
8.04 7.92 8.28
8.97 6.31 7.97
7.43 9.00 7.55 9.26
9.63 12.96 4.65 9.97
9.50 8.11 7.75 7.86
8.16 8.87 8.78 8.16
7.28
7.72
8.81 8.52 7.46
7.46 9.76 8.43
7.35 8.37 9.86 9.13
8.34 8.61 8.34 7.37
8.06 6.72 8.19 8.02
7.27 7.70 8.24 6.42
7.93
7.70
8.24 7.89 9.41
7.49 8.88 8.98
8.58 10.14 a 32 8.50
8.45 9.09 10.27 9.51
9.24 8.51 7.71 8.15
7.24 7.36 7.49 7.99
6.97
8.25
7.25 9.87 8.70
9.14 9.77 10.28
8.42 8.97 7.88 8.33
9.14 7.36 7.99 7.99
8.61 8.15 7.35 8.61
9.25 7.77 8.71 6.30
7.42
7.77
8.74 7.02 9.21
8.18 8.85 10.05
8.74 9.27 9.07 7.81
8.04 7.65 9.52 7.91
9.10 8.16 7.12 7.67
10.24 7.63 7.94 7.31
8.99 10.15 7.67 8.71
9.72 7.94 7.94 9.40
7.17 10.09 7.56 7.61
7.32 7.94 a78 7.84
9.74 9.09 6.87 7.83
10.17 8.44 9.85 6.82
6.81
7.68
7.35 8.13 7.47
8.98 7.90 7.47
8.07 11.00 8.37 9.27
8.01 7.47 8.66 8.55
B . G r o u p s o p A ssoc iation s .
1
2
3
Mining:
1907......... (11,381 cases)..
1897........... (5,670 cases)..
Quarrying:
1907
(2,677 cases)..
1897........... (1,554 cases)..
Fine mechanical products:
1907........... (1,481 cases)..
1897.............. (567 cases)..
IRON AND STEEL.1
4
5
6
*
3
9
10
11
South German iron and steel:
1907........... (2,105 cases)..
1897........... (1,093 cases)..
Southwest German iron:
1907.............. (821 cases)..
1897.............. (301 cases)..
Rhineland -W estphalian fur
nace and rolling works:
1907........... (2,748 cases)..
1897........... (1,127 cases)..
Machine building and small
iron wares:
1907........... (2,308 cases)..
1897..............(936 cases)..
Saxony-Thuringian iron and
St1907........... (1,104 cases)..
1897..............(788 cases)..
Northeast iron and steel:
1907........... (1,510 cases)..
1897..............(746 cases)..
Silesian iron and steel:
1907........... (1,813 cases)..
1897..............(957 cases)..
Northwest iron and steel:
1907........... (1,674 cases)..
1897..............(925 cases)..
METAL WORKING.
12
13
South German precious and
nonprecious metal work
ing:
1907..............(424 cases).. 7.55 8.25 8.73 8.02 9.67 5.19 8.49
1897..............(199 cases).. 12.06 10.05 7.04 4 52 10.54 5.53 7.54
North German metal work
ing:
1907........... (1,109 cases).. 7.12 8.03 9.02 8.39 9.37 7.48 7.66
1897..............(335 cases).. 8.66 5.67 6.87 10.15 8.66 7.76 9.55
1Including blacksmithing, etc., in 1897.
8.73 8.25 8.25 8.96 9.91
5.03 10.05 9.55 8.54 9.55
9.65
7.76
7.39 8.66 a 75 8.48
7.76 10.15 8.06 8.95
20
BU LLETIN OP TH E BUREAU OF LABOR.
Table 4.—TIME OP ACCIDENT, MONTH OF YEAR: PER CENT OP PERSONS INJURED,
BY MONTH IN WHICH ACCIDENTS OCCURRED-Conttoued.
Association
Per cent of persons reported injured during—
Industry and cases compensated.
ber.
14
15
16
17
18
19
B . G r o u p s o f A ssocia t io n s — Continued.
Musical instruments:
1907.............. (225 cases)..
1897................(89 cases)..
Glass:
1907.............. (347 cases)..
1897.............. (235 cases)..
Pottery:
1907..,.........(310 cases)..
1897.............. (166 cases)..
Brick and tile making:
1907........... (1,931 cases)..
1897........... (1,085 cases)..
Chemicals:
1907........... (2,038 cases)..
1897........... (1,007 cases)..
Gas and water works:
1907..............(435 cases)..
1897..............(179 cases)..
Jan. Feb. Mar. Apr. May. June. July. Aug. Sept. Oct. Nov. Dec.
12.00 6.67 8.44 8.89 9.78
8.99 13.48 8.99 7.87 10.11
8.00 7.11 8.44
4.49 4.49 11.24
8.44 6.23 8.89 7.11
6.75 4.49 8.99 10.11
11.52 9.51 5.48 7.78
7.66 7.66 8.51 6.82
6.63
8.51
9.51 7.78 7.78
9.36 7.23 11.06
5.76 8.07 11.53 8.65
8.51 8.09 9.36 7.23
10.36 10.03 8.74 6.80
7.23 13.86 12.05 9.04
6.80
4.82
5.18 9.06 7.44
4.82 6.63 6.02
9.71 10.68 8.09 7.11
9.64 8.43 6.63 10.83
7.35 6.53 5.80 9.79 9.89 10.10 10.66 10.36
7.14 4.73 6.22 8.35 13.64 10.48 12.52 11.32
7.77 7.92 6.68 7.15
8.44 5.66 5.29 6.21
9.09 6.48 6.53 8.55
7.35 6.36 7.75 6.85
10.79 7.59 7.36 6.90
12.28 10.06 4.47 7.26
8.84
7.75
8.45 8.74 8.15 7.81 8.40 9.53 9.43
9.33 8.44 8.64 11.22 7.94 8.94 9.43
7.36 7.36 6.67 7.59
6.15 11.17 7.82 7.82
7.82 8.05 10.11 12.40
6.15 7.82 10.06 8.94
TEXTILES.
20
21
22
Linen:
1907.............. (280 cases)..
1897.............. (202 cases)..
North German textile:
1907.............. (546 cases)..
1897.............. (343 cases)..
South German textile:
1907.............. (291 cases)..
1897.................(228 c a s e s )..
23
24
25
26
27
28
29
30
Silesian textile:
1907.............. (187 cases)..
1897.............. (181 cases)..
Alsace-Lorraine textile:
1907.............. (227 cases)..
1897.............. (203 cases)..
Rhineland-W estphalian tex
tile:
1907.............. (440 cases)..
1897.............. (387 cases)..
Saxony textile:
1907.............. (675 cases)..
1897.............. (782 cases)..
Silk:
1907................(93 cases)..
1897................(68 cases)..
Paper making:
1907.............. (793 cases)..
1897.............. (592 cases)..
Paper products:
1907.............. (500 cases)..
1897.............. (271 cases)..
Leather:
1907.............. (537 cases)..
1897....... ....(2 9 2 cases)..
10.36 6.79 9.29 8.57 7.14
9.41 6.93 5.45 8.91 10.39
7.14 7.14 10.00 11.07 9.64 6.43 6.43
6.93 11.87 8.42 5.45 8.9i 7.92 9.41
8.97 7.88 7.88 7.52
9.65 10.23 7.60 6.14
9.34
6.43
6.59 8.61 9.52
5.26 9.65 7.02
10.00 8.62 8.97 7.93
8.83 7.46 8.33 7.02
5.86
8.77
5.86 7.24 8.62 10.00 11.04 7.93 7.93
5.26 9.21 8.77 13.60 9.21 7.02 7.02
12.83 10.16 6.95 7.49
8.84 10.50 7.18 4.43
4.28
6.08
7.49 9.09 9.09
8.84 11.60 9.94
9.09 6.95 9.09 7.49
5.53 11.60 7.73 7.73
12.39 6.64 8.85 4.87 6.64
9.36 8.87 6.40 4.44 13.30
9.73 7.08 9.29
6.40 10.84 7.88
9.73 7.96 6.19 10.63
9.36 4.93 7.88 10.34
7.69 8.79 7.69 9.52
7.31 10.53 11.40 8.78
8.66 7.29 9.34 6.38
9.30 7.24 8.53 7.49
7.97
9.03
7.97 7.97 7.74 10.25 11.39 6.60 8.44
7.24 8.01 8.53 10.08 8.79 5.68 10.08
10.66 9.48 9.63 7.70
8.06 9.59 8.06 8.70
7.41
7.16
9.33 6.37 9.04
7.29 8.57 7.93
11.82 7.54 3.23 9.68
16.18 5.88 7.35 5.88
9.68
4.42
6.45 8.60 11.82 11.82 6.45 3.23 9.68
4.42 5.88 7.35 5.88 7.35 7.35 22.06
7.56 5.04 8.89 8.89
8.31 9.84 7.03 9.46
8.70 7.69 8.32 7.44
7.77 8.28 8.45 8.11
7.19 10.09 6.69 9.33 7.06 9.33 7.44 10.72
8.28 7.94 8.61 9.63 10.47 7.26 8.61 6.59
5.60 8.20 8.20 7.20
6.64 8.49 8.12 7.38
9.40
8.12
8.60 7.20 7.60
9.59 7.01 6.27
9.60 11.40 9.40 7.60
8.12 11.07 8.86 10.33
8.94 7.26 10.06 7.26
7.53 9.59 5.14 6.51
8.94
7.88
8.01 6.89 6.52
6.16 7.53 10.27
9.31 8.57 9.30 8.94
8.56 11.99 9.25 9.59
8.47 8.68 8.88 7.02
8.33 12.69 6.35 10.31
8.06
5.56
6.61 10.95 9.30
9.92 6.75 7.54
7.44 9.30 7.85 7.44
6.75 7.94 7.94 9.92
9.06 7.60 8.20 7.51
9.30 8.39 7.38 7.43
7.90
8.61
7.66 8.20 8.47
8.77 8.93 8.44
8.47 9.24 8.44 9.25
8.07 8.93 8.07 7.68
8.08 8.08 6.66 8.87
9.18 9.69 8.16 7.92
7.61
6.63
9.51 8.08 12.36 7.13 8.08 7.14 8.40
5.62 8.16 11.48 10.71 8.16 6.63 7.66
WOODWORKING.
31
32
33
34
35
36
Saxony woodworking:
1907.............. (484 cases)..
1897.............. (252 cases)..
North German woodworking:
1907........... (3,344 cases)..
1897........... (1,872 cases)..
Bavarian woodworking:
1907.............. (631 cases)..
1897.............. (392 cases)..
Southwest German wood
working:
1907.............. (821 cases)..
1897.............. (352 cases)..
Flour m illing:
1907........... (1,027 cases)..
1897........... (1,007 cases)..
Food products:
1907..............(789 cases)..
1897.............. (340 cases)..
6.58 7.55 8.16 7.19 10.72 10.84 9.74 6.94 8.53 9.26 8.40 6.09
8.24 4.83 11.08 5.97 8.81 7.95 11.93 9.66 11.36 7.39 8.52 4.26
9.93 8.96 8.76 5.75
7.89
8.04
7.98 7.12 9.44
6.26 7.05 9.04
7.79 9.15 9.54 7.69
8.44 8.94 9.24 7.25
8.37 7.35 7.10 7.86 7.73
8.55 7.08 6.19 5.60 10.03
9.31 7.98 7.86
9.44 9.73 9.14
8.37 11.02 9.37 7.86
7.96 9.47 9.14 7.67
11.01 8.94 8.54 7.25
INDUSTRIAL ACCIDENTS IN GERM ANY, 189*7 AND 190*7.
21
T able 4.—TIME OF ACCIDENT, M ONTH OF Y E A R : PER CENT OF PERSONS IN JU RED,
B Y MONTH IN W HICH ACCIDENTS OCCURRED—Continued.
Association
num
ber.
Per cent of persons reported injured during—
Industry and cases compen
sated.
Jan. Feb. Mar. Apr. May. June. July. Aug. Sept. Oct. Nov. Dec.
B . G r o u p s o p A ssocia t io n s — Continued.
37
38
39
40
41
42
Sugar:
1907.............. (508 cases)..
1897.............. (509 cases)..
Dairying, distiliing, and
starch:
1907.............. (409 cases)..
1897.............. (360 cases)..
Brewing and malting:
1907........... (1,608 cases)..
1897........... (1,142 cases)..
Tobacco:
1907................(81 cases)..
1897................(57 cases)..
Clothing:
1907.............. (676 cases)..
1897..............(295 cases)..
Chimney sweeping:
1907............... (34 cases)..
1897............... (38 cases)..
7.28 5.71 4.92 5.51
8.06 4.91 4.72 6.88
4.72
2.95
2.56 5.71 6.89
5.89 4.52 5.50
8.07 17.72 16.54 14.37
6.88 18.66 18.66 12.37
9.29 10.27 7.58 6.60
13.06 11.94 8.61 7.50
6.85
5.28
6.85 5.87 6.36
4.72 5.28 6.94
5.87 11.74 10.51 12.21
7.22 8.06 7.22 14.17
10.63 8.15 6.72 5.41
11.07 7.71 6.91 6.82
6.90
8.50
8.27 8.64 9.64
9.21 7.71 7.53
7.21 8.40 8.15 11.88
6.91 7.53 9.12 10.98
11.11 6.17 7.41 8.64
12.27 12.27 10.52 5.26
4.95
7.41 8.64 11.11 13.58 6.17 8.64 6.17
5.26 8.77 12.27 1.75 7.08 5.26 19.29
9.47 7.25 7.10 8.88
11.26 7.17 9.90 6.48
6.95
8.19
7.25 9.17 7.40
5.12 8.53 8.87
8.88 9.75 9.02 8.88
5.46 8.87 9.90 10.25
8.82 8.82 11.76 11.76
21.62 10.81 8.11 5.41
5.89
5.41
5.89 5.88 11.76
2.70 13.51 2.70
8.82 5.89 5.89 8.82
13.51 10.81 5.41
BUILDING TRADES (NOT INCLUDING INSTITUTES).
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
Hamburg building trades:
1907..............(505 cases)..
1897..............(302 cases)..
Northeast building trades:
1907........... (1,927 cases)..
1897...........(1,680 cases)..
S ilesian -P osen b u i l d i n g
trades:
1907........... (1,084 cases)..
1897..............(717 cases)..
Hanover building trades:
1907..............(629 cases)..
1897..............(457 cases)..
Magdeburg building trades:
1907..............(389 cases)..
1897..............(179 cases)..
Saxony building trades:
1907........... (1,109 cases)..
1897..............(767 cases)..
Thuringian building trades:
1907..............(391 cases)..
1897..............(239 cases)..
H essen-N assau bu ild in g
trades:
1907..............(694 cases)..
1897..............(474 cases)..
Rhineland - W e s t p h a l i a n
building trades:
1907........... (1,855 cases)..
1897........... (1,063 cases)..
W urttembergbuildingtrades:
1907..............(583 cases)..
1897..............(403 cases)..
Bavarian building trades:
1907........... (1,149 cases)..
1897........... (1,175 cases)..
Southwest building trades:
1907.............. (716 cases)..
1897.............. (474 cases)..
Printing and publishing:
1907..............(428 cases)..
1897..............(252 cases)..
Private railroads:
1907..............(168 cases)..
1897..............(125 cases)..
Street and small railroads:
1907..............(485 cases)..
1897..............(168 cases)..
Express and storage:
1907...........(3,932 cases)..
1897........... (1,426 cases)..
Livery, drayage, cartage, etc.:
1907...........(2,500 cases)..
1897...........(1,242 cases)..
4.95 5.74 7.15 7.52 11.08 10.10 9.90 10.88 8.73 7.52 6.73 9.70
3.32 3.65 5.65 6.64 7.64 11.63 7.97 11.30 12.96 8.97 11.96 8.31
5.29 4.88 7.84 9.39
4.70 3.28 6.01 7.68
8.93
9.94
8.67 9.65 9.65 9.91 10.53 7.99 7.27
9.17 11.90 9.70 11.31 10.24 10.18 5.89
4.89 3.51 7.11 7.85
3.35 2.80 6.69 9.48
8.59 10.16 12.00 11.63 10.62 10.16 7.85 5.63
8.65 9.90 10.74 12.41 12.69 11.99 6.56 4.74
5.90 4.14 6.86 7.18 7.50 11.80 10.53 10.05 10.21 9.25 8.61 7.97
3.28 2.84 9.41 9.41 10.28 9.85 10.94 8.10 10.72 9.41 9.85 5.91
5.17 4.39 7.22 6.98
2.80 2.80 7.26 12.29
9.82 11.89 9.82 10.08
8.94 11.17 16.76 7.26
4.78 3.79 4.69 8.21
3.52 3.13 5.74 6.92
8.21
9.40
9.39 10.20 11.01 10.65 10.74 11.19 7.13
9.14 10.84 9.92 12.14 13.71 9.53 6.01
4.36 6.39 8.18 7.67 11.51
2.09 3.35 8.79 8.37 7.95
7.67 10.74 10.49 6.91 9.46 9.97 6.65
8.37 13.38 10.46 14.22 11.30 7.95 3.77
8.01 11.89 9.56 5.17
8.94 7.26 7.26 7.26
6.34 3.90 6.77 7.64 10.81 9.65 10.66 9.51 10.37 8.93 7.64 7.78
3.17 5.50 6.55 6.34 10.57 11.21 10.36 10.36 11.42 9.73 9.50 5.29
7.01 5.24 6.69 7.76
5.08 4.43 6.40 5.94
8.19
8.37
7.65 9.70 9.65 9.16 10.62 10.03 8.30
7.24 11.38 12.32 10.25 10.72 10.91 6.96
4.46 4.12 4.46 9.95 8.75 11.83 12.17 9.78 10.29 10.81 7.38 6.00
4.96 2.48 5.71 6.70 12.90 10.67 15.88 8.68 9.93 11.41 7.94 2.74
4.44 4.44 6.70 9.40 9.66 11.23 12.96 10.27
4.86 5.36 6.98 9.87 10.30 9.53 11.83 9.70
7.05 10.10 7.48 6.27
9.36 8.17 8.00 6.04
5.59 3.77 6.01 4.89 10.06 9.92 10.75 11.87 7.96 12.56 10.06 6.56
3.38 4.22 5.70 6.75 9.28 10.13 10.76 11.39 12.86 10.76 8.44 6.33
7.94 8.18 6.31 7.24 11.21
9.52 7.94 9.52 5.17 8.33
7.48 8.64 5.62
7.14 8.33 6.75
6.54 9.81 10.75 10.28
9.92 7.54 9.92 9.92
2.98 8.93 8.32 7.74
8.06 12.10 6.45 1.61
7.14 10.70 7.74 6.55 8.32 9.57 7.14 14.87
8.87 3.23 6.45 8.87 12.90 6.45 7.26 17.75
8.25 8.66 7.22 7.01
7.14 8.93 4.77 8.93
7.84
8.33
7.01 8.04 9.69
8.93 11.31 9.52
7.84 8.66 10.71 9.07
3.57 10.71 5.36 12.50
9.51 7.53 7.33 7.53
10.53 6.95 7.93 7.72
7.25
7.30
7.07 7.89 8.90
6.88 7.16 6.46
7.71 9.82 9.31 10.15
8.63 9.96 9.68 10.80
8.84 7.60 7.96 8.28
9.57 8.45 6.76 5.72
8.40
7.17
7.76, 9.32 9.28
9.18 9.18 8.78
8.08 8.92 7.32 8.24
9.10 9.74 7.57 8.78
22
B U L L E T IN
OF T H E B U R E A U OF LABOR.
T able 4.—TIME OF ACCIDENT, MONTH OF YEAR: PER CENT OF PERSONS INJURED,
B Y MONTH IN WHICH ACCIDENTS OCCURRED—Concluded.
Asso
cia Industry and cases compen
tion
sated.
num
ber.
Per cent of persons injured during—
Jan. Feb. Mar. Apr. Hay. June. July. Aug. Sept. Oct. Nov. Dec.
B . G b o u p s o p A sso c ia
t io n s — Concluded .
INLAND NAVIGATION.
W est German inland naviga
tion:
1907............................ (276cases)..
5.07 6.52 9.42 7.25
1897............................ (155cases)..
5.81 5.81 8.39 11.61
Elbe inland navigation:
1907............................ (325cases)..
5.23 3.39 9.85 11.38
1897............................'(216cases)..
8.33 6.94 11.57 8.33
East German inland naviga
tion:
1907............................ (152cases)..
3.95 2.63 6.58 11.84
1897............................ (156cases)..
3.21 1.28 11.54 10.26
63
64
65
66
Marine navigation (not in
cluding institute):
1907............................ (459cases)..
5.66 10.68 13.51
1897............................ (397cases)..
8.78 3.19 13.30
Engineering, excavating, etc.
(not including institute):
1907......................... (2,143cases)..
7.98 5.23 7.56
1897......................... (1,226cases)..
6.69 4.24 7.01
Meat products:
1907......................... (1,120cases)..
10.53 8.57 8.66
1897............................ (329cases)..
6.69 6.39 7.29
Blacksmithing, etc.:
1907............................ (929cases)..
7.64 5.71 7.00
1897.............................
(l) 0) C)
10.87 7.97 5.80 7.25 11.96 T. 61 10.14 10.14
6.45 11.61 6.45 9.68 7.74 12.26 9.03 5.16
8.92 11.38 8.92 10.77 5.54 5.54 9.23 9.85
10.19 7.41 6.03 6.94 10.19 8.33 6.48 9.26
11.18 12.50 4.61 11.18
10.26 11.54 10.26 8.32
9.21 6.58 12.50 7.24
5.13 10.26 14.09 3.85
6.32
6.12
6.32
5.32
7.63 6.75 8.28 6.97 9.80 9.15 8.93
8.24 6.65 6.38 11.70 5.85 7.45 17.02
7.56
6.85
9.01
9.71
9.01 8.54 8.63
9.54 9.38 8.65
7.95
6.99
7.95
7.29
7.86 7.95 7.32 9.19 8.84 6.88 8.30
9.42 9.12 12.76 12.16 5.78 6.99 9.12
6.46
8.72
9.47 10.54 10.66
(0
0)
0)
0)
(l)
9.05 10.35 8.59 8.49
7.26 11.09 11.34 8.24
9.69 10.01 7.75 6.35
0)
0)
0)
(l)
C. P u b l ic A u t h o r it ie s .
Establishments of the naval
administration:
1907............................ (105cases)..
5.71 5.71 7.62 8.58 5.71 9.52 9.52 11.43 9.52 8.58 7.62 10.48
1897..............................(86cases)..
5.81 2.33 4.65 13.95 8.15 11.63 13.95 10.47 4.65 9.30 9.30 5.81
Establishments of the m ili
tary administration:
1907............................ (157cases)..
8.92 8.28 9.55 11.46 4.47 7.01 12.10 8.92 7.64 6.37 5.73 9.55
1897............................ (190cases)..
8.42 8.42 7.89 7.89 5.26 10.00 14.21 18.95 10.53 5.79 6.32 6.32
Postal and telegraph admin
istration:
4.92 4.92 6.56 7.38 3.28 5.74 8.20 12.29 8.20 12.29 9.02 17.20
1907............................ (122cases)..
1897..............................(54cases)..
1.59 3.17 11.11 6.36 12.70 12.70 7.94 11.11 12.70 4.76 7.92 7.94
Railway administration:
1907............(3,316 cases).. 8.93 8.27 8.07 7.05 7.49 7.49 8.12 7.76 8.06 10.44 8.51 9.81
1897............(2,233 cases).. 9.91 7.26 8.30 7.76 6.68 7.31 7.76 7.40 9.28 9.33 9.33 9.68
Dredging, towing, etc.:
1907..............................(79cases)..
10.13 3.80 11.39 12.66 10.13 6.33 5.06 10.13 6.33 6.33 11.38 6.33
11.54 5.77 7.69 7.69 9.62 3.85 7.69 7.69 9.62 7.69 13.46 7.69
1897..............................(52cases)..
Building operations (States
and Em pire):
1907............................ (248cases)..
7.29 7.29 8.10 5.66 8.50 8.50 9.72 8.91 9.31 9.31 9.31 8.10
1897............................ (188cases)..
12.97 2.70 5.95 5.41 9.73 8.11 8.65 8.65 9.73 8.65 8.65 10.80
Marine navigation:
v 100.00
1907...................(1 case)..
1897................................(5cases)..
60.00
20.00
20.00
Building operations of local
governments:
1907............................ (505cases)..
10.50 7.33 7.33 6.73 9.70 7.52 7.52 7.72 6.73 7.14 10.69 11.09
1897............................ (262cases)..
9.58 6.51 7.66 7.28 13.79 9.58 6.90 6.13 9.58 6.51 9.58 6.90
* Included in associations 4 to 11.
INDUSTRIAL ACCIDENTS IN GERM ANY,
189*7 AND 1907.
23
DAY OF THE WEEK.
The day of the week on which the accidents occurred is shown in
Table 5.
As would naturally be expected, the smallest proportion of acci
dents occur on Sunday; in fact, it is in some respect surprising that
the number of accidents on that day is as large as the table shows.
For 1907 the grand total for all industries shows that 2.52 per cent
of the accidents occurred on Sunday. Of the week days, Monday
shows the highest proportion of accidents, this day having 16.94
per cent of the total. The proportion occurring on Tuesday is
much less than that occurring on Monday, the proportion on Wed
nesday decreases still further, but on Thursday the proportion again
increases and continues until Saturday, which has a proportion but
slightly less than that for Monday. These proportions vary con
siderably from those shown by investigation of accidents in the year
1897. For the year 1897, Monday was also the day on which the
highest proportion of accidents occurred, Tuesday showed a decrease,
while Wednesday and Thursday had identically the same proportion,
Friday had the lowest of any in the week, and Saturday showed a sharp
increase over Friday, though still less than the proportion for Monday.
The editors of the report suggest that the high accident rate for Mon
day, and also, perhaps, for Tuesday, may be caused by the holiday
on Sunday; the use of alcohol and the fatigue following the Sunday
holiday are suggested as the most likely causes of this higher propor
tion. In the following table special attention is given to the accident
rates on Monday morning and Saturday afternoon.
For the separate industries, the accidents are distributed in prac
tically the same way as shown by the total for all industries, though
many of those groups show striking variations to the general rule of a
lower proportion in the middle of the week with a high proportion at
the beginning and end of the week. Thus, in case of the group
designated as musical instruments (association 14) the highest pro
portion in 1907 occurs on Wednesday and Thursday with the lowest
proportion on Tuesday and Saturday, while in 1897 the distribution
followed the general rule; in the case of the South German Metal
Working Association (association 12) the lowest proportion occurs
on Saturday and the next lowest on Monday, with the highest on
Tuesday, Friday, and Thursday. These exceptions, however, only
emphasize the general rule that the first day of the week and the last
day of the week contain the greatest risk for the workmen. The
textile associations are conspicuous in having an unusually high
proportion of their accidents on Saturday, and in some of the assotions, such as the association for Alsace-Lorraine (association 24),
the proportion is practically double what it was during the middle
of the week.
24
BU LLETIN OF TH E BUREAU OF LABOR,
T a b l e 5.— TIME OF ACCIDENT* D A Y OF W EE K : PE R CENT OF PERSONS IN JU R E D , B Y
D A Y OF W E E K ON W HICH ACCIDENTS OCCURRED.
Source: Amtliche^Nachrichten des Reichs-Versieherungsamts, 1910. I Beiheft, I Teil.
statistik fur das Jahr 1907, pp. 300 to 308.]
Association
number.
Gewertne-UnfaU-
Per cent of persons reported Injured on—
Industry and cases compensated.
Sun
day.
Mon
day.
Tues W ed Thurs Friday. Satur
day. nesday. day.
day.
A . T ota ls.
Grand total:
1907..........................(81,248 cases)..
2.52
1897..........................(45,971 cases)..
2.24
Industrial accident associations (not
including institutes):
1907..........................(75,370 cases).. ' 2.37
1897..........................(41,746 cases)..
2.15
Subsidiary institutes of building
trades, engineering, and navigation
accident associations:
1907........................... (1,345 cases)..
2.91
1897........................... (1,155 cases)..
1.04
Public authorities:
1907........................... (4,533 cases)..
4.91
1897........................... (3,070 cases)..
4.03
16.94
17.33
15.76
16.65
15.66
15.71
16.04
15.71
16.28
15.38
16.80
16.98
17.01
17.45
15.74
16.67
15.68
15.71
16.14
15.71
16.23
15.34
16.83
16.97
15.28
16.90
16.47
15.77
16.10
16.64
15.28
16.37
17.21
16.64
16.75
16.64
16.25
15.76
15.83
16.65
15.19
15.76
14.57
15.40
16.77
15.40
16.48
17.00
2.94
2.17
16.06
15.96
16.00
17.06
14.87
15.98
15.83
16.05
17.44
15.48
16.86
17.30
1.54
1.16
16.88
16.26
15.49
17.03
16.32
15.81
16.54
14.90
16.35
15.81
16.88
19.03
1.71
1.59
16.10
16.35
15.96
19.05
15.76
14.69
16.85
15.58
16.10
16.81
17.52
15.93
.76
1.01
16.26
17.06
15.74
14.77
17.45
14.40
17.17
18.26
16.45
16.33
16.17
18.17
5.61
5.70
14.63
18.46
14.02
13.09
16.59
17.45
15.49
15.77
15.73
12.42
17.93
17.11
5.42
6.04
16.05
16.24
15.47
15.88
15.03
15.08
*15.29
15.08
15.69
14.29
17.05
17.39
.91
1.29
16.96
18.01
15.92
15.54
15.79
15.86
16.53
15.43
15.40
15.97
18.49
17.90
1.10
1.40
15.07
17.81
14.25
17.43
17.08
14.12
20.09
17.30
16.44
16.16
15.97
15.78
1.52
.68
16.77
17.30
16.37
17.70
15.24
17.43
16.77
17.30
15.31
14.46
18.02
15.13
4.36
3.47
14.81
16.72
16.46
16.51
15.41
14.62
16.52
15.14
15.47
15.77
16.97
17.77
1.56
.76
16.19
16.05
14.87
15.72
16.73
19.32
17.93
14.52
15.47
14.52
17.25
19.11
.47
1.51
15.88
18.59
18.25
20.09
16.11
13.07
17.54
17.09
17.77
17.09
13.98
12.56
.55
.90
18.12
17.66
14.75
13.17
16.12
20.36
17.58
19.46
15.48
14.07
17.40
14.38
16.44
21.45
15.11
11.36
18.67
16.94
18.23
14.88
16.44
14.92
15.11
20.45
15.74
12.54
17.17
19.31
in clu d in g blacksm ithing,etc.,in 1897.
13.99
10.30
16.62
16.74
14.29
12.02
B . G r o u p s o p A ss o c iat io n s .
1
2
3
Mining:
1907..........................(11,381 cases)..
1897........................... (5,670 cases)..
Quarrying:
1907........................... (2,677 cases)..
1897........................... (1,544 cases)..
Fine mechanical products:
1907........................... (1,481 cases)..
1897..............................(567 cases)..
IRON AND STEEL.1
4
5
6
7
8
9
10
11
South German iron and steel:
1907........................... (2,105 cases)..
1897........................... (1,093 cases)..
Southwest German iron:
1907..............................(821 cases)..
1897..............................(301 cases)..
Rhineland-Westphalian furnace and
rolling works:
1907........................... (2,748 cases)..
1897........................... (1,127 cases)..
Machine building and small iron
wares:
1907.......... ................(2,308 cases)..
1897..............................(936 cases)..
Saxony-Thuringian iron and steel:
1907........................... (1,104 cases)..
1897..............................(788 cases)..
Northeast iron and steel:
1907........................... (1,510 cases)..
1897..............................(746 cases)..
Silesian iron and steel:
1907........................... (1,813 cases)..
1897.......................... *..(957 cases)..
Northwest iron and steel:
1907........................... (1,674 cases)..
1897..............................(925 cases)..
METAL WORKING.
12
13
14
15
South German precious and non
precious metal working:
1907..............................(424 cases)..
1897..............................(199 cases)..
North German metal working:
1907........................... (1,109 cases)..
1897..............................(335 cases)..
Musical instruments:
1907..............................(225 cases)..
1897..............................^(89 cases)..
Glass:
1907..............................(347 cases)..
1897..............................(235 cases)..
3.79
9.01
23.03
15.45
INDUSTRIAL ACCIDENTS IN GERM ANY,
1897 AND 1907.
25
T able 5.—TIME OF ACCIDENT, D A Y OF W E E K : P E R CENT OF PERSONS IN JU R E D , B Y
D A Y OF W E E K ON W HICH ACCIDENTS O C C U R R ED -C ontinued.
Per cent of persons reported injured on—
Association
number.
Industry and cases compensated.
B . Gr ou ps
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
op
Mon
day.
0.98
1.23
16.61
14.11
19.54
20.25
17.59
16.56
16.61
17.79
11.73
14.11
16.94
15.95
1.25
1.02
17.54
21.73
15.67
17.18
17.60
14.58
14.26
15.60
16.61
14.39
17.07
15.50
3.42
3.02
17.91
18.21
14.83
18.41
16.52
15.59
16.52
15.23
14.39 '13.98
15.57
16.40
6.50
6.21
14.62
16.95
13.69
10.73
16.71
16.38
16.94
18.08
17.63
13.57
13.91
18.08
.73
1.00
18.91
10.95
15.27
16.92
15.64
15.92
14.91
14.93
14.91
15.92
19.63
24.36
1.48
.29
17.04
16.22
16.30
16.81
14.07
10.91
14.81
17.70
16.30
17.70
20.00
20.37
.35
.88
15.28
13.84
12.15
12.95
18.40
17.86
13.89
15.63
16.67
14.29
23.26
24.55
.55
1.12
18.23
18.54
16.57
15.17
12.15
17.98
18.78
16.29
11.60
11.24
22.12
19.66
2.22
2.01
18.22
15.58
14.67
13.57
13.33
12.06
16.00
16.08
11.56
17.09
24.00
23.61
.69
14.09
17.83
15.00
16.02
15.00
14.99
16.36
16.28
15.68
15.25
23.18
19.63
1.35
.65
15.42
13.97
13.17
15.39
13.47
12.68
13.92
14.10
18.26
18.76
24.41
24.45
3.23
10.75
13.24
12.90
22.06
16.13
5.88
15.05
22.06
13.98
16.18
27.96
20.58
6.56
4.40
14.50
15.40
16.90
14.72
15.89
17.26
17.78
15.40
12.61
16.41
15.76
16.41
1.00
.37
15.63
18.96
17.64
17.47
17.64
15.24
16.23
15.99
13.83
13.75
18.03
18.22
2.62
16.45
2.08 * 17.65
15.89
16.96
17.01
12.46
13.83
20.76
16.45
16.26
17.75
13.83
15.42
22.62
13.96
17.06
18.96
12.71
17.71
15.08
14.79
11.90
19.16
20.63
.75
.91
18.18
17.97
16.62
17.60
16.20
16.31
15.75
15.77
15.99
15.34
16.51
16.10
1.11
.26
17.94
19.64
17.46
21.68
17.94
14.29
14.60
14.03
16.51
14.03
14.44
16.07
.24
.28
17.75
18.75
15.42
18.18
15.06
18.75
16.03
16.48
19.83
13.07
15.67
14.49
3.12
3.97
18.99
16.78
13.53
15.59
16.16
17.38
16.75
14.90
15.87
14.80
15.58
16.58
3.18
4.13
15.46
16.68
13.81
14.16
16.73
17.11
16.48
16.81
16.60
14.45
17.74
16.66
7.33
9.88
13.66
16.21
16.63
14.82
16.44
13.44
17.03
14.62
15.05
1*4.82
13.86
16.21
6.61
4.18
15.89
14.48
12.47
13.65
17.60
19.50
17.85
17.55
16.62
13.93
12.96
16.71
A ssoc iation s — Contd.
Pottery:
1907.......................... ..(310 cases)..
1897.......................... ..(166 cases)..
Brick and tile making:
1907......................... (1,931 cases)..
1897.......................... .(1,085 cases)..
Chemicals:
1907.......................... .(2,038 cases)..
1897.......................... .(1,007 cases)..
Gas and water works:
1907..........................
1897..........................
„ .
Tues W ed Thurs Friday. Satur
day.
day. nesday. day.
Sun*
day.
TEXTILES.
Linen:
1907.......................... ..(280 cases)..
1897........, ................
North German textile*
1907..........................
1897..........................
South German textile:
1907.......................... ..(291 cases)..
1897..........................
Silesian textile:
1907..........................
1897.......................... ..(181 cases)..
Alsace-Lorraine textile:
1907..........................
1897.......................... ..(203 cases)..
Rhineland- Westphalian textile:
1907.......................... ..(440 cases)..
1897.......................... ..(387 cases)..
Saxony textile:
1907..........................
1897..........................
Silk:
1907..........................
1897.......................... __ (68 cases)..
Paper making:
1907..........................
1897..........................
Papergroducts:
1897..........................
Leather:
1907..........................
1897..........................
WOODWORKING.
31
32
33
34
35
36
37
38
Saxony woodworking:
1907.......................... ..(484 cases)..
1897_________________ ._?252 c a s e s )..
North German woodworking:
1907............................(3,344 cases)..
1897......................... ..(l,872 cases)..
Bavarian woodworking:
1907..........................
1897..........................
Southwest German woodworking:
1907..........................
1897..........................
Flour m illing:
1907............................(1,027 cases)..
1897............................(1,007 cases)..
Food products:
1907...........................
1897...........................
Sugar:
1907...........................
1897........................... .. (509 cases)..
Dairying, distilling, and starch:
1907...........................
1897...........................
26
BU LLETIN OF TH E BUREAU OF LABOR.
T a b l e 5.— TIME OF ACCIDEN T, D A Y OF W E E K : PE R CENT OF PERSONS IN JU R E D , B Y
D A Y OF W E E K ON W HICH ACCIDENTS O C C U R R ED -C ontinued.
Asso
cia
tion
num
ber.
Per cent of persons reported injured on—
Industry and cases compensated.
Sun
day.
B . Gro u ps
39
40
41
42
op
Mon
day.
Tues
day.
17.64
19.57
15.13
18.15
14.57
12.28
14.76
14.86
15.26
13.61
18.83
17.44
24.69
14.04
7.41
19.30
17.28
10.53
16 05
2L05
16.05
17.54
18.52
1L 54
13.61
13.15
17.90
19.72
14.79
13.49
16.86
17.30
17.75
17.30
18.34
17.66
29.41
19.44
17.65
25.00
17.65
16.67
11.76
13.89
8.82
5.56
14.71
19.44
.40
2.33
17.66
20.67
16.27
16.33
15.08
17.33
17.25
12.67
15.28
14.34
18.06
16.33
.26
.24
19.00
18.27
16.30
15.95
15.43
16.43
17.29
16.55
16.87
16.85
14.85
15.71
.83
.56
20.04
20.39
15.42
16.62
15.60
13.83
17.36
17.18
15.60
16.06
15.15
15.36
.64
.44
20.35
16.56
17.63
15.01
16.83
15.45
14.42
18.32
14.10
16.12
16.03
18.10
1.04
.56
17.62
22.91
19.43
19.55
17.61
15.08
14.51
16.20
16.84
12.85
12.95
12.85
.73
.13
16.62
19.97
18.17
14.98
15.16
15.64
17.08
17.22
16.89
14.85
15.35
17.21
.52
.42
15.46
21.43
18.30
13.03
14.68
15.55
16.24
13.44
17.53
16.38
17.27
19.75
.14
16.14
15.01
17.00
16.91
18.16
16.28
16.28
18.18
15.71
18.61
16.57
15.01
1.46
.56
19.36
21.94
15.86
16.20
15.10
14.78
15.21
15.82
15.86
15.73
17.15
14.97
.34
.50
17.90
17.66
18.24
17.66
16.53
16.17
14.46
13.43
15.32
18.91
17.21
15.67
.62
.44
15.64
16.64
17.39
17.83
17.05
15.61
14.32
17.32
18.28
15.27
16.70
16.89
.56
.22
20.86
19.83
16.80
15.82
17.65
16.24
13.73
14.14
15.41
15.61
14.99
18.14
2.57
1.59
15.89
20.63
14.95
15.48
18.46
19.05
15.19
10.71
12.15
13.89
20.79
18.65
5.39
7.43
14.37
17.36.
20.36
15.70
13.17
9.92
14.97
14.88
11.38
14.88
20.36
19.83
11.20
9.82
15.35
14.11
13.28
20.86
14.11
12.88
13.69
13.50
20.54
10.43
11.83
18.40
1.67
2.68
18.23
18.62
15.44
16.87
15.01
16.44
17.36
13.21
16.26
15.67
16.03
16.51
4.89
4.75
20.09
19.88
15.22
16.43
13.06
14.25
15.22
15.14
1454
15.30
16.98
14 25
6.57
8.40
16.06
15.48
16.42
16.77
15.33
20.00
17.52
14.19
15.33
11.61
12.77
13.55
5.26
7.55
18.27
14.62
14.55
17.45
13.31
13.68
14.86
16.04
17.34
1415
16.41
16.51
W ed Thurs
Satur
nesday. day. Friday. day.
A ss o c iat io n s — Contd.
Brewing and malting:
1907........................... (1,608 cases)..
1897........................... (1,142 cases}..
1907................................ (81 cases)..
1897................................ (57 cases)..
Clothing:
1907.............................. (676 cases)..
1897.............................. (295 cases)..
Chimney sweeping:
1907................................ (34 cases)..
1897................................(38 cases)..
3.81
4.09
.75
1.38
BUILDING TRADES (NOT INCLUDING INSTITUTES).
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
Hamburg building trades:
1907.............................. (505 cases)..
1897.............................. (302 cases)..
Northeast building trades:
1907........................... (1,927 cases)..
1897........................... (1,680 cases)..
Silesian-Posen building trades:
1907........................... (1,084 cases)..
1897.............................. (717 cases)..
Hanover building'trades:
1907.............................. (629 cases)..
1897.............................. (457 cases)..
Magdeburg building trades:
1907.............................. (389 cases)..
1897.............................. (179 cases)..
Saxony building trades:
1907........................... (1,109 cases)..
1897.............................. (767 cases)..
Thuringian building trades:
1907.............................. (391 cases)..
1897.............................. (239 cases)..
Hessen-Nassau building trades:
1907.............................. (694 cases)..
1897.............................. (474 cases)..
Rhineland - W estphalian' building
tTim*...........................(1,855 cases)..
1897........................... (1.063 cases)..
W urttemberg building trades:
1907.............................. (583 cases)..
1897.............................. (403 cases)..
Bavarian building trades:
1907........................... (1,149 cases)..
1897........................... (1,175 cases)..
Southwest building trades:
1907.............................. (716 cases)..
1897.............................. (474 cases)..
Printing and publishing:
1907.............................. (428 cases)..
1897.............................. (252 cases)..
Private railways:
1907.............................. (168 cases)..
1897.............................. (125 cases)..
Street and small railroads:
1907.............................. (485 cases)..
1897.............................. (168 cases)..
Express and storage:
1907........................... (3,932 cases)..
1897........................... (1,426 cases)..
Livery, drayage, cartage, etc:
1907........................... (2,500 cases)..
1897........................... (1,242 cases)..
INLAND NAVIGATION.
60
61
W est German inland navigation:
1907..............................(276 cases)..
1897.............................. (155 cases)..
Elbe inland navigation:
1907.............................. (325 cases)..
1897.............................. (216 cases)..
INDUSTRIAL ACCIDENTS IN GERM ANY,
1897 AND 1907.
27
TABLE 5.— TIME OF ACCIDENT, D A Y OF W EEK : PER CENT OF PERSONS INJURED, BY
D A Y OF W EEK ON WHICH ACCIDENTS OCCURRED—Concluded.
Asso
cia
tion
num
ber.
Per cent of persons reported injured on—
Industry and cases compensated.
Sun
day.
Mon
day.
Tues W ed Thurs Friday. Satur
day. nesday. day.
day.
.
INLAND NAVIGATION—c o n c lu d e d .
East German inland navigation:
1907.............................. (152 cases),
1897.............................. (156 cases), ••
8.67
8.33
16.67
13.46
10.66
23.08
12.67
12.82
18.00
11.54
17.33
13.46
16.00
17.31
stitute):
1907.............................. (459 cases)
1897.............................. (397 cases)
Engineering, excavating, etc. (not inlcluding institute):
9.31
7.67
16.41
11.78
12.64
21.10
14 63
20.55
16.85
1425
13.53
9.58
16.63
15.07
1.73
1.56
17.17
17.77
15.45
16.71
15.63
17.36
16.43
15.32
17.07
16.54
16.52
14 74
4.82
3.04
17.77
19.14
16.07
16.41
15.54
16.72
17.95
15.20
14 81
14 29
13.04
15.20
1.97
0)
15.85
(0
15.30
0)
13.88
)
14 43
0)
19.23
(>)
(l)
21.15
14.46
15.38
24.10
13.46
19.28
14 42
15.66
18.27
13.25
17.32
13.25
19.74
15.34
14.65
19.05
17.20
23.82
14 65
10.58
15.29
15.34
16.56
15.34
19.75
9.62
14 65
17.31
17.20
5.77
14 65
21.15
15.29
21.15
16.55
13.46
15.67
15.79
15.76
16.02
15.33
15.07
14 39
15.16
16.21
15.29
16.64
17.60
14.29
19.61
15.58
13.73
16.88
13.73
15.58
23.51
17.18
13.73
20.49
13.73
16.39
15.17
18.06
17.42
14 75
17.98
14 75
21.35
18.84
10.67
16.39
16.79
20.00
60.00
14 83
13.90
17.43
18.53
1897........................... (1,226 cases), • •
Meat products:
1897.....................
Blacksmithing, etc.
‘.$ 9
••
1897........................................
0
19.34
C. P u b l ic A u t h o r it ie s .
itration:
1907..............................(105 cases)
1897................................ (86 cases)
Establishments of the m ilitary adminlistration: .
1.91
.53
••
Postal and telegraph administration:
1907..............................(12r -------1.91
11.54
1897................................ (5
-Railway administration:
1907............................(3,31i
6.00
1897............................(2,23;
5.07
-Dredging, towing, etc.:
1907................................ (7!
1897................................ (52 cases)
1.96
Building operations (States and Emlpire):
1907.......................................... (248cases),.82
.62
1897.......................................... (188•
cases),
•
Marine navigation:
1907................................... (le a se ).
1897..................................(5 cases).
Building operations of local goven lments:
1907............................... (505 cases]
2.61
1897...............................(262 cases; ••
.39
100.00
20.00
17.84
16.99
17.03
18.15
14 63
15.44
15.63
16.60
1Included in associations 4 to 11.
HOUR OF THE DAY.
Table 6 shows the distribution of the accidents throughout the
various hours of the day, and in addition gives the proportion occur
ring on Monday morning and Saturday afternoon. In connection
with this table attention should be called to Table 10, which shows
the number of hours the injured person had been at work on the day
when the accident occurred.
In Table 6 the day is divided into eight periods of three
hours each; the result of this division is that there are only four
periods for the time comprised between 6 a. m. and 6 p. m. As
28
BU LLETIN OE TH E BUREAU OF LABOR.
was to be expected, the last period of the morning and the second
period of the afternoon show the highest proportion of the accidents,
in each case in 1907 and with but one exception in 1897, the first half
being approximately 50 per cent of the proportion occurring in the
second half of the day. Approximately 55 per cent of the accidents
occur in the periods 9 to 12 a. m. and 3 to 6 p. m .; some of the groups
of industries show an even more striking concentration of the acci
dents in the last period of the morning and in the second period of the
afternoon; thus the metal-working association for south Germany
(association 12) had 37.23 per cent of its accidents in the period 9 to
12 a. m .; the brewing and malting group (association 39) in 1897
had 43.75 per cent of its accidents in the period 9 to 12 a. m.
Especial interest attaches to the accident rates on Monday morning
and Saturday afternoon; in the period 6 to 9 a. m. on Monday
2.56 per cent of the accidents occur. This is at the rate of 0.85
per cent per hour in this period. In the afternoon many of the
associations had a high proportion of the accidents in the period
between 3 and 6 o’clock. Thus the Hamburg Building Trades Asso
ciation (association 43) had 36.51 per cent of the accidents at this
period; in fact the building trades are conspicuous by the concen
tration of accidents in the second period of the afternoon.
The columns showing the accidents on Monday morning and Sat
urday afternoon emphasize the statements already made concerning
the higher proportion of accidents occurring in these periods.
The best method of comparing the Monday and Saturday acci
dents with the other days of the week is to deduct the Monday or
Saturday percentage from the percentages given in the first eight
columns of the table and to assume that the remainder represents
the proportion of accidents occurring on the other five days of the
week; by this procedure the 2.52 per cent of the accidents occurring
on Sunday is credited to the percentage computed for the five days
other than Monday or Saturday and makes the contrast less than it
actually is. In 1907, during the period 6 to 9 a. m. on Monday, 2.56
per cent of the accidents occurred, as contrasted with 2.26 per cent
for the 6 to 9 period for the other five days of the week, or more than
one-eighth higher; during the period 9 to 12 a. m. Monday, 4.78 per
cent of the accidents occurred, as compared with 4.73 per cent for the
other five days of the week, or slightly higher than the average.
The higher rate on Monday morning was conspicuous during the early
part of the forenoon. In 1897 the per cent of accidents occurring in
the period 6 to 9 Monday morning was 2.34, as compared with 2.29
for the other five days; in the period 9 to 12 Monday morning, 4.84
per cent of the accidents occurred while during the other five days
it was 4.94. The concentration of the accidents on Monday morning,
therefore, was greater in 1907 than in 1897.
INDUSTRIAL ACCIDENTS IN GERMANY,
1897 AND 1907,
29
In 1907, on Saturday afternoon, the proportion of accidents
occurring in the period 3 to 6 was 4.48 per cent, as compared with
4.37 per cent on the other five days of the week, or a difference of 0.11
per cent; in the period 6 to 9 p. m ., however, the proportion on
Saturday was 1.45 per cent, while on the other five days it was 1.56
per cent, or 0.11 per cent higher. In 1897 the per cent o f accidents
occurring during the period 3 to 6 on Saturday afternoon was 4.69
as compared with 4.34 on the other five days, or a difference o f 0.35
per cent. For the period 6 to 9 the per cent of accidents was 1.55,
while for the other five days it was 1.76 per cent, or 0.21 per cent
higher. In 1907 the excess of accidents on Saturday afternoon was
less than in 1897; while the 3 to 6 Saturday afternoon period shows an
improvement in this respect during the 10-year interval, the concen
tration on Monday morning in 1907 has increased.
T a b l e 6.—TIME OF ACCIDENT, H OU R OF T H E D A Y : PE R CENT OF PERSONS IN JU RED ,
B Y PERIO D S IN W HICH ACCIDENTS OCCURRED.
[Source: Am tliche Nachrichten des Reichs-Versicherungsamts, 1910. IB eiheft, I Teil. Gewerbe-TJnfallstatistik fur das Jahr 1907, pp. 300 to 308.)
Per cent of persons reported injured in the specified periods.
Asso
cia
cases compen
tion Industry and
sated.
num
ber.
Antemeridian.
12 to 3 to
6.
3.
6 to
9.
9 to
12.
Postmeridian.
12 to
3.
3 to
6.
Monday, Saturday,
a. m.
p. m.
6 to 9 to 6 to 9 to 3 to 6 to
12.
12.
9.
6.
9.
9.
A. T otals.
Grand total:
1907........(81,248 cases)..
1897........(45,971 cases)..
Industrial accident associa
tions (not including in
stitutes):
1907........(75,370 cases)..
1897........(41,746 cases)..
Subsidiary institutes of
building trades, engineer
ing, and navigation acci
dent associations:
1907......... (1,345 cases)..
1897......... (1,155 cases)..
Public authorities:
1907......... (4,533 cases)..
1897......... (3,070 cases)..
1
2
3
1.93 2.55 13.87 28.42 13.81 26.32 9.25 3.85 2.56 4.78 4.48 1.45
1.37 2.26 13.79 29.52 12.67 26.39 10.36 3.64 2.34 4.84 4.69 1.55
1.80 2.34 13.89 28.41 13.86 26.59 9.31 3.80 2.57 4.80 4.48 1.47
1.32 2.26 13.86 29.61 12.61 26.37 10.51 3.46 2.38 4.88 4.66 1.57
.77 12.36 32.08 15.50 31.24 6.21 .77 2.08
12.81 32.02 15.00 31.47 8.05 .65 1.56
|
4.32 6.44 13.82 27.56 12.50 20.51 9.06 5.79 2.54
2.58 3.07 13.15 27.30 12.80 24.86 9.24 7.00 2.08
1.07
B. Groups op A ssocia
tions.
Mining:
1907........(11,381 cases).. 5.90 5.34 14.77 23.81 13.90 13.86 11.95 10.47
1897......... (5,670 cases).. 4.12 5.46 14.57 28.28 12.90; 13.63 11.21 9.83
1
Quarrying:
v
1907......... (2,677 cases).. .84 1.60 15.49 26.67 14.38 30.68 7.78 2.56
1897......... (1,544 cases).. .98 .70 13.87 30.77 13.73 30.17 8.08 1.70
Fine mechanical products:
1907......... (1,481 cases).. .90 .48 14.27 33.56 15.30 26.60 6.89 2.00
1897............ (567 cases)..
.90 .90 10.39 33.15 15.41 29.39 8.06 1.80
4.83 5.80
5.54 5.63
.74
.87
4.48 3.97 1.28
3.94 4.69 1.56
3.59 3.64 2.17 1.97
2.73 4.53 2.42 2.05
2.69 4.59 5.72 1.27
2.06 4.38 5.28 1.61
2.90 5.13 4.93 1.35
1.59 6.17 5.47 .35
IRON AND STEEL.1
4
5
South German iron and
steel:
1907......... (2,105 cases)..
.48 1.15 15.19 29.55 13.26 31.91 7.35 1.11
1897......... (1,093 cases)..
.38 1.54 13.94 31.06 11.35 29.23 10.19 2.31
Southwest German iron:
1907............(821 cases).. 2.32 7.46 13.81 24.82 14.30 18.09 10.64 8.56
1897............ (301 cases).. 4.42 5.10 11.56 27.55 11.20 20.75 9.18 10.24
i Including blacksm ithing, etc.
85048°— Bull. 92— 11------3
2.28 4.99 4.94 .90
2.10 4.67 5.76 2.38
2.92 3.65 3.78 1.58
1.00 6.31 3.65 1.00
30
BULLETIN' OF THE BUREAU OF LABOR.
T able 6.—TIME OF ACCIDENT, HOUR OF THE DAY: PER CENT OF PERSONS INJURED,
B Y PERIODS IN WHICH ACCIDENTS OCCURRED.—Continued.
Per cent of persons reported injured in the specified periods.
Asso
cia
tion Industry and cases compen
sated.
num
ber.
Antemeridian.
12 to 3 to
3.
6.
6 to
9.
9 to
12.
Postmeridian.
12 to
3.
3 to
6.
Monday, Saturday,
a. m.
p. m.
6 to 9 to 6 to 9 to 3 to 6 to
12.
9.
12.
9.
6.
9.
B . G roups op A ssociations—Continued.
IRON AND steel—concluded.
6
7
8
9
10
11
Rhineland-W estph a 1 i a n
furnace and rolling works:
1907......... (2,748 cases).. 4.23 8.10 13.50 20.87 11.31
1897......... (1,127 cases).. 4.21 8.78 13.53 25.27 9.95
Machine building and small
iron wares:
1907......... (2,308 cases).. .92 1.45 12.27 29.58 11.79
1897............ (936 cases).. .57 .68 12.63 29.47 12.51
Saxony Thuringian iron and
1907......... (1,104 cases)..
1897............ (788 cases)..
Northeast iron and steel:
1907......... (1,510 cases)..
1897............ (746 cases)..
Silesian iron and steel:
1907......... (1,813 cases)..
1897............ (957 cases)..
Northwest iron and steel:
1907......... (1,674 cases)..
1897............ (925 cases)..
21.27 10.62 10.10 2.29 3.42 3.93 1.64
19.90 9.68 8.68 2.57 3.73 3.99 1.77
29.23 12.80 1.96 1.78 5.29 4.68 1.65
27.42 14.63 2.09 2.67 4.81 6.30 1.92
1.19
.26
.73 14.76 31.16 12.65 30.16 7.61 1.74 1.81 4.71 4.80 1.00
.78 11.64 32.86 11.64 32.99 8.80 1.03 1.14 6.22 5.58 1.02
.80
.56
.87 13.66 31.05 14.86 31.58 5.66 1.52 1.85 4.97 5.96 .60
.84 11.31 34.22 11.31 31.01 9.78 .97 2.28 6.03 4.96 1.07
3.29 5.57 15.22 24.41 11.20 25.14 8.42 6.75 2.92 3.92 3.92 1.54
1.31 3.16 16.90 26.83 10.47 26.17 10.14 5.02 2.61 5.12 3.97 1.67
1.27 1.33 13.58 33.23 12.19 30.62 5.70 2.08 2.69 5.79 5.20 1.14
.69 1.73 13.26 31.83 12.23 30.91 7.73 1.62 1.73 6.05 6.49 .86
METAL WORKING.
12
13
14
15
16
17
18
19
South German precious and
nonprecious metal work
ing:
1907............ (424 cases)..
1897............ (199 cases)..
North German metal work-
.96 12.89 37.23 11.93 32.22 3.57 .96 2.36 7.31 4.25
11.56 37.68 11.06 30.15 8.54 1.01 2.51 5.53 3.02
.24
.50
1907......... (1,109 cases).. 1.09 1.73 13.55 30.91 14.09 29.91 6.64 2.08 2.34 5.32 5.32
1897............ (335 cases).. .61 1.23 14.15 25.85 13.54 31.69 10.15 2.78 3.58 4.48 *4.78
.99
.90
Musical instruments:
1907............ (225 cases)..
1897..............(89 cases)..
Glass:
1907............ (347 cases)..
1897............ (235 cases)..
Pottery:
1907............ (310 cases)..
1897............ (166 cases)..
Brick and tile making:
1907......... (1,931 cases)..
1897......... (1,085 cases)..
Chemicals:
1907......... (2,038 cases)..
1897......... (1,007 cases)..
Gas and water works:
1907............ (435 cases)..
1897............ (179 cases)..
.24
.45 13.06 32.88 14.86 31.98 6.77
16.67 29.76 14.29 33.33 5.95
1.33 7.11 4.44 .44
1.12 6.74 6.74 1.12
2.92 6.12 18.36 25.37 11.66 19.24 12.24 4.09 4.61 6.05 2.02 2.02
.92 5.96 11.93 28.90 10.09 24.31 11.01 6.88 2.98 2.55 3.83 1.70
.67 1.68 15.10 29.53 13.09 28.52 8.39 3.02 3.23 4.84 5.16 .97
2.00 2.00 18.67 26.67 10.67 27.32 10.67 2.00 1.81 2.41 4.22 1.20
.31 1.88 17.30 30.06 13.49 26.97 8.94 1.05 3.47 4.40 4.35 1.71
.67 2.12 *14.92 30.70 11.45 26.85 12.32 .97 2.95 7.19 4.15 1.94
2.16 2.26 14.85 30.05 11.93 26.57 7.65 4.53 2.94 5.15 3.63 .83
1.78 3.14 13.73 29.45 10.48 25.16 11.64 4.62 2.68 4.57 3.97 1.69
3.76 3.06 14.35 28.00 13.65 22.59 8.24 6.35 2.07 4.83 3.45 .92
4.79 .60 2.40 14.97 20.96 17.37 28.14 10.77 1.68 4.47 4.47 1.68
TEXTILES.
20
21
22
23
24
Linen:
1907............ (280 cases)..
1897............ (202 cases)..
North German textile:
1907............ (546 cases)..
1897............ (343 cases)..
South German textile:
1907............ (291 cases)..
1897............ (228 cases)..
Silesian textile:
1907............ (187 cases)..
1897............ (181 cases)..
Alsace-Loraine textile:
1907............ (227 cases)..
1897............ (203 cases)..
.....
.52
22.51 31.37 15.50 25.46 3.32 1.10 5.00 5.36 5.00
2.97 3.96 5.45
15.63 36.46 16.15 23.44 7.80
.36
.99
.37 4.40 5.81 7.69
.63 4.37 4.08 7.87
.18
.87
17.01 33.33 17.36 28.82 3.13 .35 3.09 3.78 7.22
.92 17.34 33.33 11.87 28.31 6.39 1.38 2.19 3.51 7.89
.34
.88
.74
......
.19 1.67 19.29 31.73 11.87 30.61 4.27
.31 .31 18.01 27.95 12.42 30.12 10.25
.......
.46
......
. . •••
-. -. •
1.66 25.41 23.20 14.92 27.07 6.63 1.11 3.74 4.81 5.88 1.07
1.16 16.28 31.40 17.44 23.26 9.30 1.16 3.31 6.08 4.97 .55
1.58
.45 18.57 31.43 12.16 31.53 4.51 1.35 2.64 4.41 7.93 1.32
.53 16.32 31.58 16.32 26.84 6.30 .53 1.97 4.43 9.36 .49
INDUSTRIAL ACCIDENTS IN GERMANY,
1891 AND 1901.
31
T able 6.—TIME OF ACCIDENT, HOUR OF THE DAY: PER CENT OF PERSONS INJURED,
B Y PERIODS IN WHICH ACCIDENTS OCCURRED—Continued.
Per cent of persons reported injured in the specified periods.
Assoela
tion
number.
Industry and cases com
pensated.
Antemeridian.
12 to 3 to
3.
6.
25
26
27
28
29
30
31
32
33
34
36
37
38
39
40
41
42
9 to
12.
B. Groups op A ssociamons—Continued.
textiles—concluded.
Rhineland-W estp h a 1i a n
textile:
1907.......... .(440 cases).. 0.23 0.46 11.81 32.41
1897.......... .(387 cases).. .27 .55 13.23 27.30
Saxony textile
1907.......... .(675 cases).. .91 1.06 17.52 30.51
1897.......... .(782 cases).. .26 .92 18.15 29.01
Silk:
1907..........
1.08 1.08 11.83 34.40
1*97_____ ..r08 hasps)
16.13 20.97
12 to
3.
3 to
6.
WOODWORKING.
Saxony woodworking:
1907............ (484 cases).. 1.26 .21 14.92 29.62
1897______ . (252 hasps'* _
.41 15.04 32.52
North German woodworktug;
1907......... ([3,344 cases).. .27 .48 13.73 33.31
1897......... ( 1,872 cases).. .39 1.01 13.19 33.71
Bavarian wood[working:
1907.......... .(631 cases).. .17 .83 13.43 31.51
1897.......... .(392 cases).. .82 1.09 11.41 30.71
Southwest German wood-
f»yl
Flour m illing:
1907......... <[1,027 cases)..
1897......... ([1,007 cases)..
Food products
1907.......... .(789 cases)..
1897.......... .(340 cases)..
Sugar:
1907.......... .(508 cases)..
1897.......... .(509 cases)..
Dairying, distilling, and
starch:
1907.......... .(409 cases)..
1897.......... .(360 cases)..
Brewing and malting:
1907......... <[1,608 cases)..
1897......... ([1,142 cases)
Tobacco:
1907.......... .. (81 cases)..
1897.......... ..(57 cases)..
Clothing:
1907.......... .(676 cases)..
1897_____ .(295 oases)..
Chimney sweeping:
1907_______ (34 oasesV _
1897_____ _. (38 oases'*. .
BUILDING TRADES (NOT IN
CLUDING INSTITUTES).
43 Hamburg building trades:
1907.......... .(505 cases)..
(302 rasps'*
1897
44 Northeast building trades:
1907......... ([1,927 cases)..
1897......... <[1,680 cases)..
Monday, Saturday,
a. m.
p. m.
6 to 9 to 6 to 9 to 3 to 6 to
12.
12.
9.
9.
6.
9.
16.67 26.85 9.49 2.08 1.82 4.55 6.36 0.99
14.32 30.54 12.16 1.63 2.07 5.68 7.49 .78
13.75 27.79 7.55 .91 2.52 5.04 6.67 1.33
12.72 27.95 9.93 1.05 3.32 3.84 8.18 1.41
8.60 32.25 7.53 3.23 1.08 1.08 7.53 1.08
8.06 35.48 16.13 3.23 4.41
7.35 1.47
Paper making:
1907.......... .(793 cases).. 3.84 6.78 15.75 24.46 12.68 19.08
1897.......... .(592 cases).. 3.94 4.48 16.13 26.70 10.75 21.68
Paper products:
1907.......... .(500 cases).. .20 .40 12.96 34.41 15.18 30.77
.39 19.38 27.92 12.02 30.32
1897........... .(271 cases)..
Leather:
1907........... (537 hasps)
.98 13.58 35.04 14.57 28.35
1897.......... .(292 cases).. .75 1.13 12.41 32.71 12.73 29.37
1907.......... .(821 cases)..
1897........... .(352 cases)..
35
6 to
9.
Postmeridian.
9.35 8.05 2.65 3.66 3.28 1.51
9.68 6.64 3.04 3.55 4.22 1.52
.21 1.80 4.40 5.20
.39 4.80 3.69 6.64
.80
.74
6.69 .79 1.49 4.10 3.72
9.77 1.13 .68 4.45 3.08
.56
.68
5.87
9.58
13.87 28.99 9.87 1.26 2.27 4.13 3.51 1.45
13.41 28.05 8.13 2.44 2.38 7.94 4.37 1.98
13.55 30.49 7.27 .90 2.57 5.65 5.05 1.23
12.46 27.73 10.15 1.36 2.03 491 4.70 1.12
14.93 33.17 5.64
13.32 32.34 9.51
.32 3.01 5.55 3.65 .79
.80 3.06 3.06 4.08 1.28
.37 .87 15.12 29.12 13.14 31.83 8.43 1.12 3.05 4.87 4.63 1.71
.29 2.02 12.39 34.01 11.53 27.67 10.36 1.73 1.70 4.26 3.41 1.70
1.36 2.92 11.98 26.19 13.83 2444 1461 467 2.53 3.99 3.99 2.04
1.30 3.10 14.39 24.88 14 49 2488 11.99 4 97 2.28 3.38 457 2.48
1.16 1.93 13.48 28.24 13.86 26.19 11.94 3.20 2.92 3.93 5.96 1.65
2.43 17.33 28.97 12.16 26.44 10.33 2.34 1.47 3.82 5.00 1.47
3.98 4.98 15.34 25.10 12.95 22.51 9.16 5.98 2.56 3.35 3.74 1.57
3.93 6.42 13.66 24.64 10.14 22.15 12.84 6.22 1.18 3.73 413 .98
.49 4.94 17.53 21.73 13.09 2494 13.58 3.70 2.69 416 2.93 2.44
1.15 3.34 12.98 24.33 9.35 28.72 16.03 410 2.22 5.28 417 2.22
1.01 2.28 12.81 24.73 1414 28.79 12.37 3.87 1.87 5.35 5.85 2.49
4.17 10.42 43.75 1458 16.67 10.41
2.89 5.34 5.08 3.06
11.25 32.50 17.50 27.50 10.00 1.25 3.70 6.17 7.41
.72 17.56 28.32 9.68 31.18 11.11 1.43
5.26 3.51 1.75
.15
.15 13.31 33.27 11.39 31.07 10.36
.44 15.12 3402 1409 30.93 5.34
20.59 32.35 17.65 26.47
25.00 12.50 25.00 3437
.20
.16
.06
......
.30 1.48 414 5.77 .89
.06 2.03 2.71 4 75 2.37
2.94 5.88 8.82 5.88
3.13 2.63
11.16 33.06 15.42 36.51 3.45
15.12 3402 1409 30.93 5.84
.20 1.98 5.94 6.14
1.66 7.95 4.97
.79
.33
.36 11.89 33.52 15.85 32.90 474
.73 12.42 34.21 11.99 33.47 6.63
.58 2.59 5.97 4 62
.49 2.08 5.89 5.42
.62
.83
32
BULLETIN OF TH E BUREAU OF LABOR.
T able 6.—TIME OF ACCIDENT, HOUR OF THE DAY: PER CENT OF PERSONS INJURED
B Y PERIODS IN WHICH ACCIDENTS OCCURRED-Continued.
Per cent of persons reported injured in the specified periods.
Associacases compen
tion Industry and
sated.
num
ber.
Antemeridian.
12 to 3 to
3.
6.
6 to
9.
9 to
12.
Postmeridian.
12 to
3.
3 to
6.
M onday, Saturday,
a. m.
p. m.
6 to 9 to 6 to 9 to 3 to 6 to
9.
12.
9.
12.
9.
6.
B . Groups of A ssociations—Continued.
BUILDING TRADES (NOT INCLUDINO INSTITUTES)—
concluded.
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
Silesian-Posen b u ild in g
trades:
1907......... (1,084 cases).. 0.19 a 47 12.09 31.44 15.20 32.86 7.37 0.38 1.75 6.92 5.44 0.74
1897............ (717 cases)..
.29 13.01 28.95 13.89 32.89 10.53 .44 2.37 6.00 5.30 1.26
Hanover buildings trades':
1907............ (629 cases)..
.17 13.22 28.75 20.83 32.56 4.30 .17 2.07 5.88 5.25 .32
1807___
(457 cases)
1.15 14.32 33.72 12.01 31.41 6.93 .46 2.41 6.13 5.91 1.97
Magdeburg building trades:
1907............(389 cases).. .27 .27 14.59 35.27 18.83 28.65 2.12
2.57 7.20 4.11
1897.........1.(179 cases) .
.59 15.88 31.18 12.35 34.71 5.29
5.35 5.59 4.47
Saxony building trades:
1907......... (1,109 cases).. .27
9.33 35.41 14.55 35.04 5.31 .09 1.08 6.58 5.32 .27
1897............ (767 cases)..
12.40 35.98 12.40 30.59 8.36 .27 1.96 6.52 5.48 .52
Thuringian building trades:
.26 12.11 30.41 15.21 36.08 5.67 .26 1.28 3.07 6.65 .77
1907............ (391 cases)..
1897........ (239 cases)
.85 14.96 31.20 13.68 29.48 9.83
3.35 6.69 5.44 1.26
Hessen-Nassau b u ild in g
trades:
1907............ (694 cases)
.15 12.83 31.48 17.35 31.77 5.69 .73 1.59 5.62 5.04 .72
1.27 3.80 4.85 1.27
1897............ (474 cases).. .46 .91 13.20 30.30 15.72 30.30 9.11
Rhineland - W estph a 1i a n
building trades:
1907......... (1,855 cases).. .11 .38 10.89 31.15 15.01 31.95 10.35 .16 1.99 5.88 5.77 1.62
1897......... (1,063 cases)..
.19 .19 10.56 33.78 12.75 30.54 11.61 .38 2.26 6.40 4.61 1.41
W urttemberg b u ild in g
trades:
1907............ (583 cases).. .17
12.50 33.51 16.32 32.98 4.17 .35 2.23 5.66 6.86 .69
1897............ (403 cases)
14.61 29.47 16.62 31.23 7.81 .26 2.73 4.96 6.45 1.49
Bavarian building trades:'
1907......... (1,149 cases).. .28 .37 15.07 26.98 16.74 36.47 3.72 .37 2.35 2.61 6.61 .35
.27 .09 14.09 31.17 17.07 32.97 4.34
1.96 4.51 5.53 .77
1897......... (1,175 cases)..
Southwest building trades:
1907............ (716 cases)..
11.70 30.67 14.84 37.51 4.71 .57 1.82 5.45 6.01 .42
.21 .43 16.92 28.90 15.63 29.34 8.57
3.16 4.64 4.01 2.11
1897............ (474 cases)..
Printing and publishing:
1907............ (428 cases)..
1897............ (252 cases)..
Private railways:
1907............ (168 cases)..
1897............ (125 cases)..
Street and small railroads:
1907............ (485 cases)..
1897............ (168 cases)..
Express and storage:
1907......... (3,932 cases)..
1897......... (1,426 cases)..
Livery,drayage, cartage, etc.
1907......... (2,500 cases)..
1897......... (1,242 cases)..
1.18 2.36 15.33 24.53 10.61 30.19 13.21 2.59 2.80 3.97 7.71 1.40
.79 1.19 9.92 35.71 13.49 26.59 11.90 .41 1.59 7.94 5.95 .79
1.80 4.79 13.77 22.16 12.57 23.95 11 98 8.98 1.19 4.17 7.14 2.98
.84 4.17 10.83 15.83 18.33 25.00 13.33 11.67 1.60
4.80 .80
2.49 5.42 15.59 21.00 15.59 20.37 10.60 8.94 2.47 3.30 2.68 1.44
1.21 3.64 18.18 23.03 12.73 20.00 13.33 7.88 3.57 3.57 1.79 1.79
.73
.30
.62 11.87 29.03 12.47 29.52 13.61 2.15 2.09 5.82 4.96 2.67
.67 11.83 29.73 11.32 28.47 15.24 2.44 2.73 5.61 5.47 2.38
1.25 1.77 10.39 23.15 13.28 29.14 16.83 4.19 2.04 5.04 4.44 3.32
1.16 1.33 9.54 22.13 13.27 27.28 19.65 5.64 1.93 3.70 4.27 2.17
INLAND NAVIGATION.
60
61
62
63
W est German inland navi
gation:
1 9 0 7 ...:.... (276 cases)..
1897............ (155 cases)..
Elbe inland navigation:
1907............ (325 cases)..
1897............ (216 cases)..
East German inland naviga
tion:
1907............(152 cases)..
1897............ (156 cases)..
3.85 4.23 13.46 25.00 11.54 21.92 11.92 8.08 1.81 4.35 2.54 .72
6.45 5.81 2.58
1.39 4.17 10.42 22.22 9.03 28.46 16.67 7.64
.93 1.86 16.10 33.13 14.24 19.50 8.05 6.19 3.08 5.85 2.46 1.85
2.00 6.00 18.50 27.00 13.50 19.50 6.50 7.00 2.31 4.17 3.70 .93
4.05 3.38 12.84 27.03 9.46 24.32 11.49 7.43 1.97 4.61 4.61 1.32
3.21 2.56
1.92 1.28 9.62 35.90 11.54 21.15 8.33 10.26 5.13
Marine navigation (not in
cluding institute):
1907............ (459 cases).. 7.69 6.46 16.63 22.58 11.41 17.62 8.68 8.93 1.74 2.61 2.40 .65
1897............(397 cases).. 4.70 6.71 19.13 25.84 11.41 17.11 8.39 6.71 2.02 3.27 3.78 1.76
INDUSTRIAL ACCIDENTS IN GERMANY,
33
1897 AND 1907.
T able 6.—TIME OF ACCIDENT, HOUR OF THE DAY: PER CENT OF PERSONS INJURED,
BY PERIODS IN WHICH ACCIDENTS OCCURRED—Concluded.
Per cent of persons reported injured in the specified periods.
Asso
cia Industry and cases compen
tion
sated.
num
ber.
Antemeridian.
12 to 3 to
3.
6.
6 to
Monday, Saturday,
a. m.
p. m.
Postmeridian.
9 to
12.
12 to
3.
3 to
6.
6.to 9 to 6 to 9 to 3 to 6 to
12.
9.
12. 6.
9.
B. Groups op A ssocia
tions—Concluded.
64
65
Engineering, excavating,
etc. (not including insti
tute):
1907..........(2,143 cases).. 0.75 0.66
.82 .92
1897....................... (1,226cases)..
Meat products:
1907..........(1,120 cases).. .18 1.81
.31 1.89
1897.......................... (329cases)..
Blacksmithing, etc.:
.11 .44
1907........
—
1897.......
<9 <9
15.02 31.11 15.21 29.53 6.74 0.98 2.61 5.04 5.09 1.03
13.02 30.70 9.26 .64 2.45 4.57 3.67 .90
16.41
14.17 25.45 18.32 25.36 13.72
14.15 26.42 13.52 28.61 14.47
2.77 4.02 3.48 2.32
2.13 4.56 4.56 3.34
10.81 33.29 16.48 27.18 11.03
<9
(9
(9
<9
<9
1.72 5.71 5.17 2.48
(9
(9
(9
(9
(9
C. P ublic A uthorities.
Establishments of the naval
administration:
1907.......................... (105cases)..
1.00
1897............................(86cases)..1.31
Establishments of the m ili
tary administration:
1.92 .64
1907.......................... (157cases)..
1.12 1.12
1897.......................... (190cases)..
Postal and telegraph admin
istration:
1907.......................... (122cases)..1.65
1897............................(54cases)..
3.94 5.88
Railway administration:
1907.......... (3,316 cases).. 5.42 8.31
1897.......... (2,233 cases).. 3.30 3.54
Dredging, towing, etc.:
1907.............. (79 cases)..
1897.............. (52 cases)..
8.00
Building operations (States
and Em pire):
1907.............(248 cases).. .43 1.71
1897.............(188 cases)..
1.22
Marine navigation:
1907................. (1 ease)..
1897................(5 cases)..
25.00
Building operations of local
governments:
1907.............(5Q5 cases).. 2.02 1.61
1897.............(262 cases)..
20.00 30.00 12.00 34.00 1.00 2.00 4.76 2.86 4.76
9.35 46.75 6.59 32.00 4.00
1.16 6.98 4.65
25.00 35.26 12.18 19.87 3.21 1.
6.10 7.01 1.91
14.04 35.96 14.04 26.97 4.51 2.24 3.16 5.26 2.63
7.44 32.23
7.84 29.41
8.26 28.10 18.18 4.14 .82 4.10 4.10 1.64
7.84 33.33 5.88 5.88 1.85 1.85 1.85 1.85
13.33 26.33 12.09 17.29 10.23 7.00 2.32 4.22 3.65 1.57
13.58 25.51 11.60 22.63 11.08 8.76 2.19 3.63 4.79 2.02
19.23 35.90 5.13 29.49 6.41 3.84 5.06 6.33 3 .8 0 ;....
14.00 26.00 16.00 26.00 6.00 4.00 3.85 1.92 1.92 1.92
14.53 28.63 18.80 26.50 6.81 2.59 2.42 5.24 5.65 1.21
15.24 29.27 18.90 31.10 2.44 1.
1.06 5.32 4.79
100.00
25.00 25.00
25.00
12.70 29.64 14.82 33.17 4.03 2.01 2.77 5.15 5.74
1.15 4.58 6.49
29.78 20.89 35.11 4.00
1 Included in associations 4 to 11.
.20
.38
34
BULLETIN OP THE BUBEAU OF LABOR.
NATURE OP TH E INJURIES SUSTAINED B T TH E WORKMEN.
In Table 7 is given information regarding the nature of the injury
sustained by the workmen receiving compensation for the first time
in 1907.
In this table each injured person is counted only once, that injury
which is the m ost serious determining the classification.
The group of injuries designated as wounds, contusions, fractures,
etc., form s nearly 95 per cent of the total number of injuries for
which compensation was paid both in 1907 and 1897. The injuries
designated as suffocation form ed approxim ately 3 per cent, but
this proportion is largely caused by accidents in the mining industry;
the group of injuries designated as bum s, scalds, acid bum s, etc.,
ranks third and formed 2.89 per cent of the injuries compensated
in 1907. The other three classes of injuries form ed insignificant
parts o f the total. As has been the case heretofore, injuries to the
arms and legs formed the m ost numerous class o f accidents, the two
comprising 58.43 per cent of all injuries compensated in 1907; wounds,
fractures, etc., of the arms comprised 32.41 per cent of the 1907
injuries as compared with 37.92 per cent in 1897, while wounds, frac
tures, etc., of the legs comprised 26.02 per cent in 1907 as compared
with 25.21 per cent in 1897. There is a tendency therefore toward a
more even distribution of the various kinds o f injuries, and it is prob
able that safety devices on working machinery have been influential
in reducing the large number o f injuries to the hands, etc., the type
o f injury characteristic o f m odem apparatus. In some o f the indus
tries, such as printing and publishing (association 55), wounds, frac
tures, etc., o f the arms form ed 81.35 per cent o f the injuries in 1897,
while in 1907 this had been changed to 67.52 per cent. The same
prominence of wounds and fractures to the arm is also shown in the
other industries where presses, stamping machines, etc., formed an
im portant part o f the equipment of the establishment; thus in the
metal-working industries, the musical-instrument industries, the
textile industries, woodworking industries, clothing industries, meatproducts industries, etc., these injuries make up about 70 per cent of
the injuries for which compensation was paid in 1907, and in m ost
o f these industries the proportion of wounds, fractures, etc., to the
arms is smaller in 1907 than it was in 1897.
The injuries caused by bum s, scalds, acid bum s, etc., occur m ost
frequently in the chemical industries, the iron and steel industries, the
clothing industries, etc. In many of the industries mentioned there
is a marked reduction in the proportion of injuries caused by this type
of accident, and in some cases, such, for instance, as the glass industry,
the proportion of cases due to these accidents has decreased nearly
one-half in 1907 as compared with 1897.
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907.
35
As stated above, injuries caused by suffocation occur most fre
quently in the mining industry, in establishments conducting gas and
water works, and in engineering, excavating, etc., industries.
The drowning cases are, o f course, most frequent in the navigation
and allied industries. Each of the four associations engaged in
navigation shows a sharp decrease in 1907 as compared with 1897 in
the proportion of cases compensated on account of drowning; thus
the marine navigation association had 25.95 per cent of its compen
sated cases caused by drowning in 1897, while in 1907 this proportion
was 14.81 per cent; the inland navigation associations also show a
sharp decrease.
The miscellaneous fatalities in 1897 occurred principally in land and
water transportation, while in 1907 such accidents occurred but
seldom.
86
BULLETIN OF THE BUREAU OF LABOR.
T able 7.—N ATU RE OF THE IN JU R Y : P E R CENT OF PERSONS K IL LE D OR INJURED
N ATU RE OF
[Source: Amtliche Nachrichten des Reichs-Versicherungsamts, 1910. I Beiheft,
Per cent of persons killed or injured
byAsso
cia
tion
num
ber.
W ounds, contusions, fractures, etc.
Industry, etc.
Arms.
A . T otals.
Grand total:
1907.............................................................. (81,248 cases)..
1897.............................................................. (45,971 cases)..
Industrial accident associations (not includin g institutes):
1907.............................................................. (75,370 cases)..
1897.............................................................. (41,746 cases)..
Subsidiary institutes of building trades, enjjineering, and
navigation associations:
1907.............................................................. .(1,345 cases)..
1897.............................................................. .(1,155 cases)..
Public authorities:
1907.............................................................. .(4,533 cases)..
1897.............................................................. .(3,070 cases)..
B. Groups of A ssociations.
1 Mining:
1907.............................................................. (11,381 cases)..
1897.............................................................. .(5,670 cases)..
2 Quarrying:
.(2,677 cases)..
1897.............................................................. .(1,554 cases)..
3 Fine mechanical products:
1907.............................................................. .(1,481 cases)..
1897..............................................................
IRON AND STEEL.1
4 South German iron and steel:
1907.............................................................. .(2,105 cases)..
1897.............................................................. .(1,093 case»)..
5 Southwest German iron:
1907.............................................................
1897.............................................................
6 Rhineland-W estphalian furnace and rolling works:
1907............................................................... (2,748 cases)..
1897.............................................................. .(1,127 cases)..
7 Machine building and small iron wares:
1907.............................................................. .(2,308 cases)..
1897.............................................................
8 Saxony-Thuringian iron and steel:
1907.............................................................. .(1,104 cases)..
1897.............................................................
9 Northeast iron and steel:
1907.............................................................. .(1,510 cases)..
1897.............................................................
10 Silesian iron and steel:
1907.............................................................. .(1,813 cases)..
1897.............................................................
11 Northwest iron and steel:
1907.............................................................. .(1,674 cases)..
1897.............................................................
Legs.
Head and
neck.
32.41
37.92
26.02
25.21
12.11
10.46
41.22
39.21
25.41
25.05
9.83
10.27
23.34
22.60
31.00
28.49
11.08
12.29
27.33
26.12
28.06
26.09
12.75
12.38
32.41
27.35
26.02
26.14
12.11
13.95
29.36
22.39
31.64
32.50
15.43
14.80
55.97
57.86
13.70
17.81
11.00
8.82
49.11
51.24
20.43
17.29
12.97
14.00
33.25
26.91
26.92
29.24
9.99
10.96
37.91
35.85
29.18
29.99
9.97
10.20
49.61
48.40
20.76
18.06
12.65
14.42
50.90
54.06
19.47
16.50
14.95
15.35
45.76
43.97
22.71
23.99
12.32
15.28
43.79
35.42
27.36
24.56
8.44
13.48
42.23
42.05
23.72
22.16
15.47
17.30
78.07
70.85
9.43
9.05
5.42
7.54
67.54
70.74
13.61
9.85
7.57
8.06
70.22
75.28
15.11
10.11
5.33
5.62
53.89
50.64
18.15
22.98
9.80
5.11
43.55
46.99
23.87
15.66
9.04
12.65
METAL WORKING.
12
13
14
15
16
South German precious and nonprecious metal working:
1907..................................................................(424 cases)..
1897.............................................................
North German metal working:
1907............................................................. .(1,109 cases)..
1897.............................................................
Musical instruments:
1907.............................................................
1897.............................................................
Glass:
1907.............................................................
1897.............................................................
Pottery:
1907.............................................................
1897.............................................................
1Including blacksmithing, etc., in 1897.
INDUSTRIAL ACCIDENTS IN GERMANY,
37
1897 AND 1907.
AND COMPENSATED FOR THE FIRST TIME IN 1907 AND IN 1897, CLASSIFIED B Y
INJURY SUSTAINED.
I Tell.
Gewerbe-Unfallstatistik fur das Jahr 1907, pp. 18* to 22* and 316 to 325.]
Per cent of persons killed or injured b y -
W ounds, contusions, fractures, etc.
Trunk.
Several
parts of
body
at same
time.
Whole
body.
Total.
Burns,
scalds,
acid
bum s,
etc.
Frost,
freezing,
etc.
Suffoca
tion.
Asso
cia
tion
num
Miscella
Drown neous
acci ber.
ing.
dents.
11.58
11.93
10.02
8.46
1.69
.75
93.83
94.73
2.89
3.56
0.10
3.01
.44
0.06
.80
0.11
.47
9.42
11.17
7.99
8.13
1.19
.63
95.06
94.46
3.50
3.74
.25
.63
.47
.42
.83
.14
.50
14.12
17.14
12.64
13.16
1.04
2.68
93.22
96.36
2.15
2.60
.26
.51
.35
3.71
.26
.15
.43
14.45
20.29
11.85
11.17
2.96
1.70
97.40
97.75
1.32
1.46
.51
.05
.07
.68
.59
.04
.13
11.58
13.31
10.02
11.36
1.69
1.06
93.83
93.17
2.89
4.25
.10
3.01
1.94
.06
.25
.11
.39
9.00
12.48
9.67
11.84
1.16
1.16
96.26
95.17
2.50
3.48
.04
.64
.71
.49
.32
.07
.32
5.67
5.64
5.54
6.17
.95
.18
92.83
96.48
4.66
2.82
.88
.14
.18
1.49
.52
5.89
6.22
4.13
4.57
.76
.37
93.29
93.69
6.13
6.04
.05
.10
.33
.09
.10
.18
5.60
10.30
12.54
11.96
.97
1.33
89.27
90.70
9.49
8.64
.12
.37
.33
6.37
6.12
5.46
5.94
.62
.09
89.51
88.19
9.68
11.27
.15
.33
.18
.04
.18
.29
.18
5.24
7.69
4.90
4.91
1.08
.11
94.24
93.59
5.50
6.09
.05
.04
.13
.21
.04
.11
4.53
4.70
3.44
3.05
1.00
.25
94.29
93.91
5.07
5.71
.45
.19
.13
7.09
4.82
6.49
5.50
.60
.27
94.97
93.83
4.63
4.16
.07
.13
.40
.13
1.07
.07
.54
5.79
10.97
5.02
4.70
.88
.21
91.28
89.34
8.05
9.50
:28
.11
.17
.11
.22
.94
7.53
8.00
5.37
5.41
.54
.32
94.86
95.24
4.00
3.89
.06
.33
.54
.32
.18
.22
2.36
6.53
1.65
3.52
.24
.50
97.17
97.99
2.83
2.01
3.07
3.58
2.71
2.39
1.71
.30
96.21
94.92
3.43
4.48
6.67
3.37
1.78
3.37
99.11
97.75
.89
2.25
9.51
8.94
3.16
3.40
.58
.42
95.09
91.49
3.75
7.23
12.58
18.07
5.48
3.01
1.93
1.21
96.45
97.59
2.90
.60
1
2
3
4
.36
.75
.33
.25
5
6
7
9
10
11
12
is!
.36
.60
U\
.58
.29
.29
.85
.60
i.2 i.
.43
.65
151
16!
38
BULLETIN OF TH E BUREAU OF LABOR.
T a bl e 7.—N ATURE OF THE IN JU RY: PE R CENT OF PERSONS K IL LE D OR IN JU RED
N ATU RE OF IN JU R Y
Per cent of persons killed or injured
by—
Asso
cia
tion
num
ber.
W ounds, contusions, fractures, etc.
Industry, etc.
Arms.
Legs.
Head and
neck.
B . Groups op A ssociations—Continued.
17
18
19
Brick and tile making:
1907............................................................... (1,931 cases)..
1897.........................................................
Chemicals:
1907......................................................... ___(2,038 cases)..
1897.........................................................
Gas and waterworks:
1907........................................................ .........(435 cases)..
1897........................................................ .........(179 cases)..
36.60
33.46
31.85
36.04
6.37
4.88
40.87
35.65
21.54
20.36
7.41
8.44
30.11
30.72
27.59
30.17
10.34
13.41
64.64
67.82
12.14
10.89
8.57
5.44
58.24
64.72
15.20
13.12
7.14
5.25
66.32
68.86
15.12
9.21
6.19
7.89
60.96
64.64
17.11
6.08
10.16
11.60
64.32
74.39
17.18
11.33
6.61
6.40
70.46
71.58
15.46
10.08
4.77
5.16
62.52
61.89
10.81
12.27
8.00
6.14
53.76
72.06
10.75
7.35
8.60
5.88
51.32
56.42
20.30
13.85
5.42
6.58
77.00
77.12
10.40
10.33
4.60
5.90
55.12
45.89
16.02
18.15
4.29
6.51
72.31
75.79
12.81
9.92
4.75
4.37
65.25
63.46
18.12
18.64
4.87
4.17
66.40
63.52
17.43
18.11
7.29
6.38
70.77
70.46
14.49
15.63
5.48
5.68
43.72
46.17
25.71
23.83
6.62
5.96
55.39
61.47
20.03
17.65
6.08
6.18
36.62
38.90
28.54
24.56
7.88
8.25
TEXTILES.
20
21
22
23
24
25
26
27
28
29
30
Linen:
1907........................................................
1897........................................................
North German textile:
1907........................................................
1897........................................................
South German textile:
1907........................................................ .........(291 cases)..
1897........................................................
Silesian textile:
1907........................................................
1897........................................................
Alsace-Lorraine textile:
1907........................................................
1897........................................................
Rhineland-W estphalian textile:
1907........................................................
1897........................................................
Saxony textile:
1907........................................................
1897........................................................
Silk:
1907........................................................
1897.......................................................
Paper making:
1907........................................................
1897........................................................
Paper products:
1907........................................................
1897........................................................
Leather:
1907........................................................
1897........................................................
WOODWORKING.
31
32
33
34
35
36
37
Saxony woodworking:
1907........................................................
1897........................................................
North German woodworking:
1907........................................................
1897.........................................................
Bavarian woodworking:
1907........................................................
1897........................................................
Southwest German woodworking:
1907........................................................
1897........................................................
Flour m illing:
1907........................................................
1897........................................................
Food products:
1907.......................................................
1897........................................................
Sugar:
1907........................................................
1897........................................................
39
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907.
AND COMPENSATED FOR THE FIRST TIME IN 1907 AND IN 1897, CLASSIFIED BY
SU STAINED—Continued.
Per cent of persons killed or injured by—
W ounds, contusions, fractures, etc.
Trunk.
Several
parts of
body
at same
time.
Whole
body.
Total.
Burns,
scalds,
acid
bum s,
etc.
Frost,
freezing,
etc.
Suffoca
tion.
Asso
cia
tion
Miscella num
Drown neous
acci ber.
ing.
dents.
11.19
12.81
9.74
8.39
1.61
.83
97.36
96.41
1.45
1.84
0.05
0.57
.46
0.31
.55
0.26
.74
9.27
9.73
6.13
7.45
.65
2.18
85.87
83.81
11.92
13.70
1.42
.59
.70
.05
.40
.15
1.39
14.71
8.38
7.13
8.94
.92
90.80
91.62
4.37
3.91
1.84
.92
1.68
.46
1.11
1.61
1.68
5.00
8.91
6.43
5.45
1.43
.99
98.21
99.50
1.43
.50
.36
6.23
7.29
7.51
4.38
.55
.58
94.87
95.34
4.76
3.50
.18
4.47
7.02
4.12
2.63
.34
96.56
95.61
3.09
3.95
5.35
7.18
3.74
5.52
.54
1.11
97.86
96.13
2.14
3.32
3.96
2.96
4.41
2.46
.44
.49
96.92
98.03
3.08
1.97
5.45
5.68
2.27
3.62
.45
.26
98.86
96.38
1.14
3.36
6.37
9.72
7.26
3.84
.45
.13
. 95.41
93.99
4.15
4.22
11.83
11.77
6.45
1.08
92.47
97.06
7.53
2.94
8.45
7.27
6.94
8.11
1.26
.17
93.69
92.40
5.17
6.42
3.60
3.32
3.00
1.48
98.60
98.15
1.40
1.48
7.82
15.41
5.21
6.17
1.30
.34
89.76
92.47
4.66
3.08
5.58
3.31
5.16
5.37
3.57
.42
98.97
98.81
.83
.79
.20
6.37
7.11
4.07
5.13
.30
.48
98.98
98.99
.69
.75
.12
5.55
6.89
2.06
1.79
.48
.25
99.21
96.94
.79
1.28
5.72
5.68
2.68
2.27
.13
99.27
99.72
.73
.28
11.20
13.11
9.44
7.84
1.85
.50
98.54
97.41
.97
.60
8.24
, 7.94
5.31
2.94
1.27
96.32
96.18
3.68
3.53
11.02
13.55
8.66
5.30
1.18
.20
93.90
90.76
5.11
6.68
’
17
18
.19
20
#
21
.29
.44
.19
.87
.35
23
.55
24
25
.26
.15
.14
.29
.26
1.15
.38
.25
.17
.50
.34
.25
.67
27
28
.37
.34
.34
3.77
31
.40
.06
.29
.50
.12
.21
.03
.05
.25
1.53
.10
.89
.10
.60
.29
.20
.20
.59
.39
.20
.20
1.77
33
34
35
36
37
40
BULLETIN OF THE BUREAU OF LABOR.
T a b l e 7.—N ATURE OF THE IN JU RY: PE R CENT OF PERSONS K ILLE D OR IN JU RED
N ATURE OF IN JU R Y
Per cent of persons killed or injured
by—
Asso
cia
tion
num
ber.
W ounds, contusions, fractures, etc.
Industry, etc.
Arms.
B. G r o u p s
38
39
40
41
42
op
Legs.
Head and
neck.
A ss o c ia t io n s — Continued.
Dairying, distilling, and starch:
1907.................................................................. (409 cases)..
1897...........................................................
Brewing and m alting:
1907............................................................
1897....................................................... .
Tobacco:
1907...........................................................
1897...........................................................
Clothing:
1907...........................................................
1897...........................................................
Chimney sweeping:
1907...........................................................
1897...........................................................
39.12
41.66
27.38
19.72
5.63
7.78
39.93
38.27
29.17
29.16
7.96!
7.79*
61.73
54 39
16.05
19.30
3.70
5.26!
70.56
76.61
10.06
6.78
2.96
4 75
11.76
13.16
41.18
39.47
8.82
7.89 j
25.74
22.85
29.50
30.46
14 65
10.27
27.45
25.18
32.02
31.01
11. I lf
10.48
29.89
29.43
29.80
25.52
11.44
11.72
26.87
26.04
27.98
27.35
1 2 .8 8 1
28.53
24.58
28.54
29.05
9.77
12.85
29.49
26.73
29.58
29.20
1407
16.04
31.71
30.54
32.74
32.64
7.93
11.30
26.80
27.00
26.22
27.00
11.24
12.66
30.19
25.78
27.81
27.00
12.99
13.55
32.07
24.57
25.39
33.25
10.12
8.19
27.76
26.81
29.77
29.53
12.53
11.74
26.54
27.22
31.98
30.38
12.29
9.70
67.52
81.35
15.89
9.53
4.91
2.38,
27.38
23.20
23.21
33.60
10.12 !
12.00
23.71
22.02
29.27
41.07
10.52
6.55 '
30.09
30.23
36.57
36.75
7.50
7.85
23.84
22.54
37.92
40.18
8.64
9.02!
BUILDING TRADES (NOT INCLUDING INSTITUTES).
47
Hamburg building trades:
1907..................................................................(505 cases)..
1897...........................................................
Northeast building trades:
1907............................................................
1897............................................................
Silesian-Posen building trades:
1907...........................................................
1897...........................................................
Hanover building trades:
1907...........................................................
1897...........................................................
Magdeburg building trades:
48
1897...........................................................
Saxony building trades:
43
44
45
46
49
50
51
52
53
54
55
56
57
58
59
1897...........................................................
Thuringian building trades:
1907...........................................................
1897...........................................................
Hessen-Nassau building trades:
1907...........................................................
1897...........................................................
Rhineland-W estphalian building trades:
1907...........................................................
1897...........................................................
W urttemberg building trades:
1897...........................................................
Bavarian building trades:
1907...........................................................
1897...........................................................
Southwest building trades:
1907...........................................................
1897...........................................................
Printing and publishing:
1907...........................................................
1897...........................................................
Private railways:
1907...........................................................
1897...........................................................
Street and small railroads:
1907........................................................... ----- (485 cases)..
1897...........................................................
Express and storage:
1907...........................................................
1897........................................................... ..(1,426 cases)..
Livery, drayage, cartage, etc.:
1907...........................................................
1897...........................................................
11.82
41
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907.
AND COMPENSATED FOR THE FIRST TIME IN 1907 AND IN 1897, CLASSIFIED BY
SUSTAINED—Continued.
Per cent of persons killed or injured by—
W ounds, contusions, fractures, etc.
Trunk.
Several
parts of
body
at same
time.
W hole
body.
Total.
Burns,
scalds,
acid
bum s,
etc.
Frost,
freezing,
etc.
Suffoca
tion.
Asso
cia
tion
num
Miscella
Drown neous acci ber.
ing*
dents.
38
11.74
16.67
8.07
7.22
0.97
.28
92.91
93.33
5.63
5.83
0.73
0.49
.56
0.24
9.58
11.73
9.70
9.28
1.18
.35
97.52
96.58
2.05
2.36
.25
.12
.18
.06
9.88
15.79
4.94
5.26
2.47
98.77
100.00
1.23
3.70
6.44
2.51
1.35
.44
90.23
95.93
9.32
4.07
■8.82
13.16
23.54
13.16
2.94
2.63
97.06
89.47
2.94
7.90
11.68
13.91
12.87
17.22
2.39
1.32
96.83
96.03
2.57
1.32
.20
.20
.33
.20
1.99
.33
11.26
15.36
13.91
14.64
1.40
.53
97.15
97.20
2.13
2.08
.10
.30
.12
.16
.18
.16
.42
13.93
15.90
8.76
9.62
1.75
2.79
95.57
94.98
3.97
3.90
.28
.09
.14
.09
.28
.70
10.02
17.07
16.05
12.25
2.86
.87
96.66
95.40
2.54
3.50
.16
.16
.22
.16
.22
.32
.66
15.68
13.41
14.40
13.41
1.54
1.11
98.46
94.41
1.54
3.35
.56
.56
1.12
15.42
14.73
7.12
10.56
1.35
.26
97.03
97.52
2.61
2.09
.09
.13
.26
9.97
12.13
13.04
10.46
1.79
97.18
97.07
2.56
2.93
13.55
15.40
16.86
11.82
2.45
.64
97.12
94.52
2.16
4.43
.29
.29
.14
11.97
16.27
11.43
12.79
1.73
.28
96.12
95.67
3.23
3.86
.11
.27
.28
.16
.19
15.78
14.64
12.69
12.65
.86
3.72
96.91
97.02
2.06
2.48
.17
.69
.25
12.45
16.17
12.53
11.49
1.74
.43
96.78
96.17
3.05
3.23
.08
14.11
15.61
12.28
12.66
.70
.84
97.90
96.41
1.96
2.96
4.44
3.57
4.67
1.19
1.64
.40
99.07
98.42
.93
.79
.79
16.68
16.80
16.07
8.00
2.97
1.60
96.43
95.20
3.57
1.60
3.20
17.32
16.66
12.58
11.90
2.27
95.67
98.20
3.09
.60
.82
.21
13.45
14.31
9.38
8.20
1.22
.21
98.21
97.55
.79
1.12
.15
15.48
15.46
11.48
11.51
1.72
08
99.08
98.79
.36
.24
.24
0.28
.88
.15
.30
39
40
41
42
2.63
.27
43
44
45
46
47
48
.26
49
50
1.05
.11
51
52
.17
.25
.09
.17
.09
.34
.21
.21
.14
.21
53
54
55
.60
.21
.60
.08
,28
.69
.70
.08
.35
.08
.32
.20
.41
.04
.24
56
57
58
59
42
table
BULLETIN OF THE BUREAU OF LABOR.
7.—N ATURE OP THE IN JU R Y : PE R CENT OF PERSONS K IL LE D OR IN JU RED
N ATU RE OF IN JU R Y
Per cent of persons killed or injured
by—
Association
num
ber.
W ounds, contusions, fractures, etc.
Industry, etc.
Arms.
Legs.
Head and
neck.
B . G r o u p s o p A ss o c ia t io n s — Concluded.
INLAND NAVIGATION.
W est German inland navigation:
1907............................................................................. (276cases)
1897............................................................................. (155cases)
E lbe inland navigation:
1907............................................................................. (325cases)
1897............................................................................. (216cases)
East German inland navigation:
1907............................................................................. (152cases)
1897............................................................................. (156cases)
27.18
27.10
28.26
27.10
5.43
1.93
28.62
30.56
29.54
25.00
8.62
6.02
38.82
34.61
15.13
25.00
9.21
3.85
36.60
29.72
25.27
21.91
3.92
7.81
25.66
23.08
38.50
41.03
9.52
11.01
69.73
72.64
16.69
15.20
2.86
2.74
44.56
(*)
20.13
O
14.75
(»)
43.81
29.07
18 10
12.79
18.10
17.44
43.95
49.47
19.11
16.84
14.01
10.53
22.95
14.81
27.86
38.89
9.02
11.11
26.33
24.41
28.86
27.05
11.58
10.84
............................... (79 cases).
25.32
34.61
1897.................................................................... (52 cases).
Building operations (States and Em pire):
1907.............................................................................. (248cases). 27.82
27.66
1897...................................................................(188 cases.
Marine navigation:
100.00
1907.......................................................................(lease]
1897.........................................*...........................(5 cases]
20.00
Building operations of local governments:
26.33
1907.................................................................. (505 cases]
22.52
1897.................................................................. (2
44.30
28.85
8.86
3.85
25.81
22.87
15.32
17.02
Marine navigation (not including institute):
1897.
Engineering, excavating, etc. (not including institute):
1907..............................................................(2 ,1 "
1897..............................................................(1,2
Meat products:
1897.............................................................
B la ck sm ith in g , etc .:
1907.................................................................. (929 cases).
1897..............................................................
C. P u b l ic A u t h o r it ie s .
Establishment of the naval administration:
1907...............................................................................(105cases).
1897................................................................................ (86cases).
Establishment of the m ilitary administration:
1907...................................................................(157 cases'
1897.................................................................. (190 cases!
Postal and telegraph administration:
Railway administration:
1897..........................
Dredging, towing, etc:.
Included in associations 4 to 11.'
60.00
26.34
27.48
19.21
24.05
43
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907.
AND COMPENSATED FOR THE FIRST TIME IN 1907 AND IN 1897, CLASSIFIED BY
SUSTAINED—Concluded.
Per cent of persons killed or injured b y -
W ounds, contusions, fractures, etc.
Trunk.
Several
parts of
body
at same
time.
W hole
body.
Total.
Burns,
scalds,
acid
burns,
etc.
Frost,
freezing,
etc.
Suffoca
tion.
ela
tion
num
Miscella
Drown neous
acci ber.
ing.
dents.
60
7.61
11.61
6.88
4.51
1.09
76.45
72.25
1.08
21.38
26.45
0.65
11.69
14.81
6.45
4.17
2.77
87.69
80.56
.93
1.85
11.38
17.13
.46
6.58
9.62
5.26
5.13
5.26
80.26
78.21
1.98
17.76
18.59
‘3*20
6.54
6.05
7.84
2.52
2.40
.25
82.57
68.26
1.31
3.53
.87
0.50
14.81
25.95
.44
1.76
10.78
11.50
11.11
.93
1.39
96.50
95.92
1.31
1.39
.47
7.91
.98
.73
.65
1.47
.49
5.35
5.78
2.95
1.52
.54
.30
98.12
98.18
1.70
1.22
.18
.97
93.22
8.83
<9
3.98
<9
<9
(9
6.67
.11
<9
(9
7.62
30.24
4.76
4.65
4.76
1.16
97.15
95.35
1.90
4.65
10.19
14.74
7.64
3.68
1.91
1.05
96.81
96.31
2.55
3.16
.64
13.11
20.37
6.56
14.82
8.20
87.70
100.00
1.64
9.84
15.29
20.91
13.23
13.30
2.10
3.14
98.43
98.61
1.24
1.30
.21
7.59
21.15
8.86
1.92
3.80
98.73
90.38
14.92
18.62
6.45
5.32
.81
91.13
92.02
<9
(9
(9
.53
.82
.03
.06
1.27
9.62
.40
.53
.81
1.98
1.91
.20
.53
7.66
6.92
100.00
100.00
20.00
12.87
16.79
.30
9.90
6.11
96.04
97.33
.20
.20
.76
61
62
63
64
65
44
BULLETIN OF THE BUREAU OF LABOR.
LENGTH OF TIME THE INJURED PERSON WAS EMPLOYED IN THE ESTAB
LISHMENT AND IN TH E OCCUPATION.
For the first time information is available as to the length of time
the injured person had been employed in the establishment and in
the occupation previous to receiving the injury; in addition, data
showing the number of hours the injured person had been at work
on the day the accident occurred have been collected.
The assumption underlying this phase of the study of accidents
is that each establishment has special working conditions, special
apparatus, special features of the plant, etc., with which a new work
man must familiarize himself, and until this is done he is probably
exposed to a higher risk of accident than a workman who has been
employed for some time. The study of the length of time employed
in an occupation before the accident occurred is made for the pur
pose of ascertaining the influence of a new occupation on a workman’s
risk of accident as contrasted with an occupation in which he has been
engaged for some tim e; in Table 9 the occupation m ay have been in
the same or in different establishments. In order to show the effect
of fatigue, lessening of caution, etc., Table 10 shows the number of
hours the workman had been employed on the day (or in the shift)
that the accident occurred.
To make an accurate presentation of these three facts, it would be
necessary to have the total number of workmen em ployed during the
various periods of time in order to compute a rate which the number
who were injured during that period bore to such number; but as it
was impossible to classify the workmen into such groups, the three
tables dealing with this information show only the number of injured
workmen and the length of time they had been employed in the estab
lishment, in the occupation, and in the specified number of hours on
the day the accident occurred.
The grand total in the first line of figures of Table 8 shows that 3.07
per cent of the injured workmen had been employed in the estab
lishment less than three days when the accident occurred, 1.89 per
cent had been em ployed three days but less than one week, 8.36 per
cent had been employed one week but less than one month, 11.94
per cent had been employed one month but less than three months,
9.99 per cent had been employed three months but less than six
months, 10.82 per cent had been employed six months but less than
one year, and 63.85 per cent had been employed one year and over.
The casual workers, presumably meaning those who are employed at
odd jobs for not more than one day, formed 0.08 per cent of the in
jured persons.
The first line of figures in Table 9 shows that 2.99 per cent of the
injured workmen had been employed in the occupation#less than three
INDUSTRIAL ACCIDENTS IN GERM ANY, 1897 AND 1907.
45
days when the accident occurred, 1.37 per cent from three days up to
one week, 5.61 per cent from one week up to one month, 7.80 per cent
from one month to three months, 6.66 per cent from three months to
six months, 7.46 per cent from six months to one year, and 67.57 per
cent one year or more. Those engaged as casual workers in the occu
pation formed 0.54 per cent of the total number of injured persons.
In each of the two preceding cases it is noteworthy that the work
men employed less than three days in an establishment or in an
occupation had formed a much higher proportion of the injured
persons than those employed from three days to one week; thus in
the establishment figures, 3.07 per cent had been.employed less than
three days, while 1.89 per cent had been employed from three days
to one week; in the occupation figures, 2.99 per cent had been
employed less than three days, while 1.37 per cent had been employed
from three days to one week.
Considering the various groups of industries, the data for the length
of time employed in the establishment show that in the case of the
injured employees of the public authorities 73.55 per cent had been
employed in the establishments one year and over, while only 52.73
per cent of the injured employees of private establishments (not
including the institutes) had been employed one year and over. The
difference is most probably due to the greater continuity of employ
ment in the establishments conducted by the Government authorities.
Four of the industry groups had approximately 70 per cent and over
of their injured employees engaged in the establishment for one year
and over. These industries are blacksmithing (association 66) with
79.87 per cent, private railways (association 56) with 73.21 per cent,
mining (association 1) with 69.68 per cent, and silk (association 27)
with 69.59 per cent. Two o f the accident associations engaged in
transportation service, viz, express and storage (association 58) with
7.28 per cent, and livery, drayage, cartage (association 59) with 9.10
per cent, had the highest proportion of their injured persons consist
ing of those employed less than three days. Some o f the industry
groups, such as mining (association 1) with 0.62 per cent, street and
small railroads (association 57) with 0.42 per cent, show an unusually
small proportion of the injured persons to have been newcomers in
the establishment.
The total line of figures giving the percentages for the public
authorities and for the private establishments show that these groups
had 66.54 per cent and 67.64 per cent, respectively, o f their injured
persons employed one year and over in the occupation at which
they were engaged at the time o f the accident. There is therefore
but little difference between the Government and the private estab85048°—Bull. 92—11----4
46
BULLETIN OP THE BUREAU OF LABOR.
lishments in this respect. Am ong the different industries there is a
marked difference in the proportion o f injured persons who had been
engaged in the occupation more than one year. The least favorable
showing in this respect was that o f the paper products group (asso
ciation 29) with only 37.70 per cent o f its injured persons in the oneyear class, while the most favorable showing was that o f the blacksmithing, etc., group (association 66) with 88.27 per cent in the oneyear class. In all, five groups of industries had over 80 per cent of
their injured persons in the class employed one year and over. These
groups were blacksm ithing (association 66) with 88.27 per cent,
meat products (association 65) with 86.11 per cent, chimney sweep
ing (association 42) with 8&.29 per cent, marine navigation (association
63) with 84.65 per cent, and express and storage (association 58) with
81.75 per cent. Taking the other extreme, the proportion o f injured
persons who had been employed in the occupation for less than
three days when the accident occurred was 2.80 per cent in the pri
vate establishments and 4.14 per cent in the Government establish
ments. Four of the groups o f industries had over 5 per cent of
their injured persons disabled during the first three days o f their
employment at the occupation— clothing (association 41) with 7.26
per cent, sugar (association 37) with 6.72 per cent, metal working
(associations 12 and 13) with 5.68 per cent, and chemicals (associa
tion 18) with 5.23 per cent.
47
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907,
T able 8.—LEN GTH OF TIME EM PLOYED IN THE ESTABLISHMENT: PE R CENT OF
PERSONS K ILLE D OR INJURED, B Y DU RATIO N OF EMPLOYMENT IN THE ESTAB
LISHMENT PREVIOUS TO THE ACCIDENT.
[Source: Amtliche Nachrichten des Reichs-Versicherungsamts, 1910. I Beiheft, I Teil.
statistik fur das Jahr 1907, pp. 328 to 337.]
Gewerbe-Unfall-
Per cent of injured persons who had been at work—
ela
tion
num
ber.
Industry, etc.
At
Total tem
3
6
1
3
report po Less
week 1 month months
days 1 to
mos. year
ing.
to 3
1
rary than
to
6
to
1
and
to
1
3
month. months. months. year. over.
em
ploy days. week.
ment.
A. TOTALS.
0.08
3.07
1.89
8.36
11.94
9.99
10.82
5a 85
.06
2.98
1.89
8.63
12.32
10.28
11.11
52.73
.35
13.48
2.03
a 19
.97
12.02
3.01
10.02
a 17
a46
7.80
4a 82
7a 55
.62
2.18
1.76
2.68
2.61
3.11
1.44
1.31
3.21
2.70
1.38
1.43
1.07
.78
1.31
2.10
1.80
2.94
2.23
.58
.65
1.14
2.31
1.38
2.50
3.86
8.93
8.32
8.37
9.65
8.00
4.90
5.56
9.53
9.04
7.13
6.07
7.53
7.46
13.10
12.71
12.65
13.18
a44
7.78
9.80
14.86
12.52
9.65
ia 7 i
9.68
7.75
10.40
12.51
10.29
11.02
10.67
9.51
9.48
ia4 6
a 89
6.90
ia5 7
a 45
9.85
ia 4 8
15.00
11.53
12.39
14 22
11.81
a 17
11.29
11.59
a 28
a 21
9.68
69.68
50.56
47.40
52.68
4a 21
5a 33
6a 98
6a 03
4a 04
52.80
6a 2 8
57.14
69.59
.84
.51
2.40
1.31
3.41
2.82
1.90
2.3
1.28
.76
1.80
1.50
2.26
1.17
1.52
1.57
7.24
7.82
12.40
5.98
9.07
9.25
9.00
9.65
9.95
a58
17.40
9.16
12.03
9.74
ia4 8
17.13
9.87
9.47
12.00
ia4 7
11.44
12.17
11.91
a 27
12.29
13.26
14 20
11.21
12.00
9.25
12.55
433
5a 46
59.60
39.80
60.37
49.70
55.21
4a 26
5a 69
1.96
3.06
1.24
2.07
2.94
2.69
2.05
1.23
1.78
6.60
5.81
a 17
8.58
2.94
10.02
7.24
a64
ia 3 i
17.65
a 05
a 24
7.41
12.13
11.76
aso
10.24
11.11
15.53
8.83
6R 88
6a 36
62.96
4a 60
5a 88
3.69
1.42
1.19
.42
7.28
9.10
4.72
2.65
2.35
1.19
2.06
2.52
2.16
3.33
11.96
a 82
5.95
5.15
a 33
9.65
10.26
15.49
12.94
4.76
9.28
12.15
1410
11.51
11.57
10.82
6.55
9.07
a79
11.49
ia82
10.55
9.18
7.15
a 04
10.82
12.13
a 04
44 05
sa 47
7a 2 1
65.98
49.94
41.29
50.90
3.70
2.23
14.32
24 44
17.78
15.06
22.47
5.43
6.07
1.08
3.79
2.06
1.18
21.91
9.91
2.69
23.92
14 91
495
ia o 6
ia66
4 31
9.65
ia 4 8
5.92
22.24
3% 91
79.87
105
.96
4 76
a 67
1.90
8a 71
156
2.56
1.92
1.28
4 49
a 13
9.62
7a oo
a20
5.31
aso
9.01
a85
2.53
11.48
ao9
3.80
6a 57
77.35
3a 70
Grand total........................... 80,692
Industrial accident associa
tions (not including insti
tutes).................................. 75,070
Subsidiary institutes of
building trades, engineer
ing, and navigation asso
ciations............................... 1,098
Public authorities................. 4,524
a
a
01
12
B. GROUPS OF ASSOCIATIONS.
11,355
2,664
FimfmShanical products... 1,479
Iron and steel........................ 14,041
Metal working....................... 1,533
225
Musical instruments.............
347
Glass......................................
306
Pottery..................................
Brick and tile making.......... 1,931
2,036
Chemicals..............................
435
Gas and water works............
280
Linen.....................................
Silk........................................
93
Textiles (including linen
and silk)............................. 2,735
Paper making.......................
792
500
Paper products.....................
Leather..................................
535
5,272
W oodworking......................
Flour milling........................ 1,027
789
Food products......................
508
Sugar.....................................
Dairying, distilling, and
starch..................................
409
1,602
Brewing and malting...........
81
Tobacco.................................
676
Clothing................................
34
Chimney sweeping...............
Building trades (not includ
ing institutes).................... 10,945
Printing and publishing......
425
168
Private railways...................
485
Street and small railroads...
Express and storage.............
3,927
Livery, dravage, cartage, etc. 2,497
721
Inland navigation.................
Marine navigation (not in
cluding institute)..............
405
Engineering,
excavating,
etc. (not including insti
2,136
tute)...................................
Meat products....................... 1,120
Blacksmithing, etc...............
929
Mining...................................
3
4-11
12,13
14
15
16
17
18
19
20
27
20-27
28
29
30
31-34
35
36
37
40
41
42
43-54
55
56
57
58
59
60-62
64
65
.04
.20
.47
.15
.37
.07
.09
.39
.38
1.24
.04
.17
.08
.42
C. PUBLIC AUTHORITIES.
Establishments of the naval
administration...................
Establishments of the mili
tary administration..........
Postal and telegraph admin
istration..............................
Railway administration.......
Dredging, towing, etc..........
Building operations (States
and E m pire)....................
Marine navigation.................
Building operations of local
governments......................
122
3,315
79
.09
1.64
.45
50.63
.82
.57
1.27
a 28
2.29
1.27
246
1
.40
3.25
1.22
a
13
14 23
6.91
488
60.98
100.00
500
2.40
4.60
3.40
6.40
a60
7.60
7.80
59.20
48
BULLETIN OF THE BUBEAU OF LABOB,
T a b l e 9.— LENGTH OF TIME EM PLOYED IN THE OCCUPATION: P E R CENT OF PERSONS
K IL LE D O R INJURED, B Y DU RATIO N OF EMPLOYMENT IN THE OCCUPATION PRE
VIOUS TO THE ACCIDENT.
[Source: Amtliche Nachrichten des Reichs-Versicherungsamts, 1910. I Beiheft, I Teil. Gewerbe-Unfallstatistik fur das Jahr 1907, pp. 328 to 337.]
Per cent of injured persons who had been at work—
Asso
cia
tion
num
ber.
Industry, etc.
At
Total
report tem Less ‘ 3
3
6
1
po than
week 1 month
ing.
days 1 to
months mos. year
rary
1
to 3
3
to
1
to
6
to
1
and
em
month. months.
months. year. over.
ploy days. week.
ment.
A. TOTALS.
Grand total........................... 74,426
Industrial accident associations (not including institutes).................................. 70,888
Subsidiary institutes of
building trades, engineering, and navigation........... 1,024
Public authorities................. 4,513
1
2
3
4-11
12,13
14
15
16
17
18
19
20
27
20-27
28
29
30
31-34
35
36
37
38
39
40
41
42
43-54
55
56
57
58
59
60-62
63
64
65
66
B. GROUPS OP ASSOCIATIONS.
M in in g ............................
0.54
2.99
1.37
5.61
7.80
a66
7.46
67.57
.52
2.80
1.34
5.66
7.86
a 70
7.48
67.64
.20 10.94
.71 4.14
2.93
1.62
a 74
4 61
5.47
7.42
a 6i
a 74
2.73
a22
67.38
6a 54
.80
3.70
402
a 15
5.68
404
a 52
a 96
a72
5.23
a 91
429
2.15
.63
1.37
2.70
1.86
2.48
1.79
.88
1.32
.79
2.74
a9i
3.93
2.84
7.77
9.00
7.04
a 62
a 07
6.45
5.94
ao3
9.52
9.43
a 93
a45
4 67
10.95
12.12
10.51.
10.18
a 52
aso
9.57
aso
12.90
11.03
12.50
9.68
a22
a 57
11.77
a49
a oo
9.42
aso
9.57
7.81
a 57
7.36
12.85
430
a is
10.87
14 20
9.64
9.53
10.76
10.86
a 58
7.81
10.56
7.13
9.64
&45
79.66
5a 44
45.15
59.01
54 96
5a 05
61.29
6d 73
ea 77
4a 28
57.00
47.86
7a 97
1.96
3.43
464
4 26
a 21
a 70
2.03
a 72
1.48
.76
1.81
1.75
1.02
.97
1.27
2.77
6.98
a 26
la 1 0
5.76
438
5.45
a 12
14 82
10.10
9.40
17.14
10.03
5.98
5.75
14 47
17.98
a94
a 52
11.09
9.52
a 79
7.40
10.02
a93
11.71
11.82
14 52
10.03
5.98
5.94
10.03
a 95
sa 2 0
57.81
37.70
5414
7a 46
6a 06
5a 68
4a 87
1.98
422
2.53
7.26
1.24
1.58
1.27
1.92
a22
492
5.06
a 15
5.69
4 79
10.13
12.15
5.88
4 21
5.49
7.59
11.56
5.88
4 20
a 49
ia92
14 96
2.95
79.46
72.51
55.70
44 00
85.29
2.16
a32
L 79
2.30
2.81
a84
2.34
1.10
2.38
1.19
2.51
.54
.84 ,
1.02
402
7.13
A 95
a oi
2.40
a26
5.41
5.06
11.16
5.36
7.51
427
5.56
a 29
4 27
9.50
a33
a 14
a 60
4 39
a4i
1.44
407
3.60
5.52
84 65
l a 13
1.52
1.72
16.51
2.24
2.48
10.75
2.87
2.48
7.30
5.02
a44
43.74
8a 1 1
88.27
1.90
4 77
a 67
1.90
84 76
11,282
Quarrying.............................. 2,484
.33
Fine mechanical products... 1,444 1.04
Iron and steel........................ 13,316
.30
Metal working....................... 1,532
.46
Musical instruments.............
223 1.35
Glass.....................................
341
Pottery..................................
303
.33
Brick and tile making.......... 1,907 1.57
Chemicals............................... 2,007 1.20
Gas and water works............
435
.23
Linen.................................. <.
280
Silk.........................................
93
Textiles (including linen
and silk)............ ................ 2,706
.63
Paper m a k in g ..........................
787
496
Paper products......................
Leather..................................
399 4.51
Woodworking...................... 4,178 3.18
Flour milling......................... 1,027 2.73
788 .38
Food products.......................
Sugar......................................
506 2.96
Dairying, distilling, and
starch................................
404
Brewing and malting........... 1,586
Tobacco.................................
79 &80
Clothing.................................
675
Chimney sweeping...............
34
Building trades (not includ
ing institutes)..................... 9,346
.16
Printing and publishing.......
421
Private railways...................
168
Street and small railroads.. .
479
Express and storage.............
3,913
.11
Livery, drayage,cartage, etc. 2,393
.16
Inland navigation.................
684
.29
Marine navigation (not in
cluding institute)..............
417
Engineering,
excavating,
etc. (not including insti
tute)....... ............................ 2,083
Meat products....................... 1,116
.09
Blacksmithing, etc................
929
.72
a 07 2.50
1.88 .27
.86
.75
a 97 79.26
10.69 55.82
7.74 69.64
a u 66.39
4 52 81.75
5.06 •7a 89
439 74 85
C. PUBLIC AUTHORITIES.
Establishments of the naval
administration...................
Establishments of the mili
tary administration...........
Postal and telegraph admin
istration..............................
Railway administration.......
Dredging, towing, etc...........
Building operations (States
and E m pire).....................
!
105
156
.64 10.26
1.28
2.56
5.78
7.05
1410
sa 33
122
3,312
77
1.64
.51 1.51
51.95
a 28
.82
1.03 L a 36
1.30
8.20
7.00
a90
9.01
a 91
1.30
11.48
8 70
2.60
65.57
70.98
3a 95
241
1
.83 10.79
a 73
15.35
11.62
4 57
a 32
Marine navigation. _
49.79
100.00
Building operations of local
governments......................
499
2.40 10.62
5.41
9.82
9.62
a
7.02
4a 30
81
49
INDUSTRIAL ACCIDENTS IN GERM ANY, 1897 AND 1907.
LENGTH OF TIME TH E INJURED PERSON HAD BEEN AT W ORK ON TH E
DAY OF THE ACCIDENT.
In order to disclose what, if any, relation exists between the
number of hours which the injured person had been at work on the
day of the accident and the frequency of accidents, Table 10 shows
the number of persons killed and injured classified by the number
of hours they had been at work on the day of the accident. As was
the case in the tables showing the length of time employed in the
establishment and in the occupation, it would be necessary to know
the total number of persons employed the respective number of
hours per day in order to compute an accurate rate; this information
is not available. Table 10 presents the proportion of injured persons
instead of the rate per 1,000 persons in each period of time.
Taking the total number of injured persons, Table 10 shows that
these were distributed throughout the day as follows:
Number of hours the injured
person had been at work.
Per cent.
Less than 1 hour.................................................................................................................
1 hour and up to 2 hours..................................................................................................
2 hours and up to 3 hours...............................................................................................
3 hours and up to 4 hours...............................................................................................
4 hours and up to 5 hours...............................................................................................
5 hours and up to 6 hours...............................................................................................
6 hours and up to 7 hours...............................................................................................
7 hours and up to 8 hours...............................................................................................
8 hours and up to 9 hours..................................................................... .........................
9 hours and up to 10 hours...............................................................................................
10 hours and over..............................................................................................................
4.94
8. 63
9.21
11.28
12.20
10.16
8.10
8. 66
8.54
7.57
10.71
T o ta l.................................................................................................................................... 100.00
The most conspicuous fact in these figures is that the expected
increase in the proportion of accidents in the last few hours of the
day does not appear; in fact, the proportion of accidents occurring
from the seventh to the eighth hour of work is practically the same
as that occurring from the first to the second hour of work. It is
customary to allow about 15 minutes for afternoon lunch ( Vesperpause) at 4 o’clock or later; and probably this intermission is respon
sible for the decrease noted beginning with the eighth hour of work.
W hile the last 4 hours of work do not show an increase in the
proportion of accidents, the first 5 hours do show such an increase to
a marked degree. The proportion of all accidents occurring to per
sons at work less than 1 hour was 4.94 per cent; the increase in the
next group, those who had been employed 1 to 2 hours, is quite
marked; after the second hour the increase is uninterrupted until
the end of the fifth hour, when the maximum for the day is reached
with 12.20 per cent of all the injured persons. A t this point the
noon recess evidently influences the number of accidents, though in
50
BULLETIN OF THE BUREAU OF LABOR.
the various industries and in the various localities the custom re
garding the time of the noon meal differs greatly.
It is of interest to note that other investigations as to the time of
day when the accidents occur show substantially the same results as
those above cited. In the Report on Condition of W oman and Child
Wage-earners in the United States the accidents in cotton textile mills
(Vol. I) and in establishments engaged in the metal trades (Vol. X I)
are distributed throughout the day in practically the same proportion
as is stated above. In explanation of the increasing proportion of acci
dents during the first 4 or 5 hours, the report (Vol. I, p. 396) suggests
that at the beginning of the day the worker in the factory gradually
increases his speed in order to increase his output, but such increased
exertion soon becomes accompanied by increase of fatigue, lack of
care, etc., and naturally results in a higher accident rate. In the
afternoon the sense of fatigue overcomes the desire for increased
output and is also accompanied by the feeling that, since a certain
amount of work has been accomplished, a lessening of effort is per
missible. This suggested explanation is apparently based on the
experience of factory employees and especially of piece-rate workers.
It is worthy of note that practically the same tendency to an increase
of accidents during the first 4 hours of work occurs in industries
where piecework can prevail to only a lim ited extent, such as in the
operation of gas and water works (association 19) and in the opera
tion of the State railways.
T able 10.—NUMBER OF HOURS OF W O R K PRECEDING THE ACCIDENT: P E R CENT OF
PERSONS KILLE D OR INJURED, B Y NUMBER OF HOURS OF W O R K ON D A Y OF
ACCIDENT.
[Source: Amtliche Nachrichten des Reichs-Versieherungsamts, 1910. I Beiheft, I Teil.
statistik fiir das Jahr 1907, pp. 329 to 335»]
Gewerbe-Unfall-
Per cent of injured persons who had been at work—
Asso
cia
tion
num
ber.
Industry, etc.
Total
re
port Less 1 to2 2to3 3 to 4 4to5 5to6 6 to 7 7 to 8 8 to 9 9 to 10 lOhrs.
ing. than hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. and
over.
1 hr.
A. TOTALS.
Grand total.............
Industrial accident
associations (not
including i n s t i
tutes)....................
S u b s idiary insti
tutes of building
trades, engineer
ing, and naviga
tion accident as
sociations..... ........
Public authorities..
79,791
4.94
8.63
9.21 11.28 12.20 10.16
8.10
8.66
8.54
7.57 10.71
74,084
4.89
8.57
9.10 11.24 12.20 10.24
8.13
8.68
8.54
7.59 10.82
1,255
4,452
4.38
5.80
9.00 11.39 11.47 12.27
9.57 10.47 11.93 12.38
6.85
9.70
7.17
7.82
9.48 10.52
8.11 8.11
11,194
2,610
5.02 10.53 10.89 13.10 14.36 14.34
5.36 9.04 10.50 10.38 11.69 8.85
9.90
8.39
9.31
8.39
5.42
9.16
3.00 4.13
7.78 10.46
1,455
13,966
6.12
4.32
9.35 10.37 14.23 13.33 10.24
8.87 8.23 11.01 12.09 9.90
7.70
7.15
9.28
8.45
8.73
9.34
6.32 4.33
9.77 10.8T
7.82
7.23
9.65
8.88
B. GROUPS OF ASSO
CIATIONS.
1
2
3
4-11
Mining.....................
Quarrying...............
F i n e mechanical
products...............
Iron and steel..........
51
INDUSTRIAL ACCIDENTS IN GERM ANY, 1897 AND 1907,
TABLE 10.—NUMBER OF HOURS OF W O R K PRECEDING THE ACCIDENT: P E R CENT OF
PERSONS K ILLE D OR INJURED, B Y NUMBER OF HOURS OF W O R K ON D A Y OF
ACCIDEN T—Concluded.
Per cent of injured persons who had been at work—
ciation
num
ber.
Industry, etc.
Total
re
port
in g .
to2 2to3 3to4 4to5 5to6 6 to 7 7 to 8 8 to 9 9 to 10 lOhrs.
than 1hrs.
and
hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. over.
1 hr.
B. GROUPS OP ASSO
CIATIONS— CO ncd.
1,519
Metal working,
222
Musical instruments
344
Glass...................... .
297
Pottery...................
Brick and tile mak
ing....................... 1,917
18 Chemicals.............. . 1 —
19 Gas and water
425
works.................
271
Linen..................... .
27 Silk..........................
20-27 Textiles (including
linen and silk)—
778
28 Paper making.,
494
29 Paper products.
508
Leather...........
30
5,222
31-34 Woodworking .
1,024
Flour
milling..
35
777
Food products.,
503
Sugar...............
Dairying, distilling,
405
and starch..........
39 Brewing and malt
ing....................... 1,577
80
40 Tobacco................. .
676
41 Clothing.................
34
42 Chimney sweeping.
43-54 Building trades (not
including insti
tutes) .................... 10,816
55 Printing and pub
412
lishing...................
166
Private railways—
Street and small
473
railroads...............
58 Express and storage 3,852
Livery,
drayage,
cartage, etc.......... 2,500
716
60-62 Inland navigation..
63 Marine navigation
(not including in
327
stitute).................
64 Engineering, exca
vating. etc. (not
including insti
tute)................... 2,137
Meat products....... 1,108
918
Blacksmithing, etc.
12,13
14
15
16
17
5.79
7.20
8.43
8.75
8.23 8.76 13.76 13.10 8.89
6.76 10.80 10.36 15.32 7.
8.72 9.01 8.43 9.60 10.76
8.75 12.46 16.84 16.16 12.79
5.22
4.90
8.09
7.45
8.40 9.29 10.38 10.64
8.45 10.80 11.40 10.00
5.88 10.82 8.24 10.59 13.41
5.91 11.44 12.92 6.64 16.97
9.68 16.13 12.90 10.75
8.71
9.96
4.30
7.64 10.60 9.28
7.21 12.17 10.81
8.72 9.60 8.43
4.71 2.36 6.40
8.40
6.95
7.18
5.41
6.77
6.30
6.10 12.20
3.03
7.75
9.44 10.07
8.95 9.69
7.67 12.40
9.60 11.81
9.41
8.49
6.45
6.82 12.00
9.59 2.58
8.60 7.53
5.65 8.47
7.01 8.49
2.15 11.83
6.62 9.26 10.52 11.38 12.46 10.70 7.
8.33 7.70 8.00 7.44
6.68 8.35 7.97 10.80 12.49 11.05 6.94 7.84 9.25 6.94 11.69
6.28 19.42 20.44 21.26 24.08 6.90 1.22
.20
.20
5.31 9.25 9.06 10.24 14.57 9.25 9.45 ii.*42 7.48 ’ 7*28 6.69
4.17 7.22 8.25 11.28 12.11 9.17 10.09 10.76 10.09 8.08 8.78
9.57 5.27 9.77 8.40 21.29
5.37 6.25 7.13 8.20 10.06 8.
6.44 5.92 8.37 10.17 10.94 10.41 9.78 8.24 6.95 8.49 14.29
4.17 8.75 7.55 9.94 12.52 10.54 3.18 5.77 9.15 9.35 19.08
8.15
7.16
6.17
7.90
9.63
7.42
6.17
6.91
7.90 11.11 21.48
3.80 6.47 5.39 7.42 9.58 10.21 9.07 9.00 10.27 8.75
5.00 10.00 7.50 12.50 12.50 8.75 3.75 11.25 6.25 11.25|
4.44 9.02 10.36 14.20 9.32 6.21 10.36 12.13 10.95 7.84
5.88.
14.71 14.71 5.88 11.76 8.82 2.94 8.82
9.26
9.36 10.02 10.11
7.28
7.83
6.32
7.83
6.55
7.19 10.36 10.99 11.20 10.57 9.09
11.94 10.36
4.26 7.50 9.28 11.
8.25
5.74
8.88
5.79
6.77
6.57
7.04 19.86
8.35
9.08
5.69
7.26
5.36
6.42
8.38
6.96
7.86 35.50
7.40 18.72
6.12
4.89
5.50
4.28
3.06 14.37
9.03 9.55 11.04 7.53
9.21 7.67 9.39 10.83
9.16 11.98 13.29 10.68
5.15
9.75
8.50
7.67 10.80 10.15 16.26
7.04 10.02 7.58
8.93 8.06 6.64 \l:75
3.00
8.00
4.31
8.19
8.76 11.45 12.41
8.25 15.05 13.35 7.52 11.17
6.63 4.82 9.04 12.65 12.65
3.52
5.17
7.68
6.22 7.24 7.61
8.80 11.03 10.06
12.54 12.54 15.60 12.84
5.24
4.96
4.90
7.58
6.32
6.11
8.26
8.71
20.04
11.25
5.17
5.88
7.42
7.52 13.35 3.64
7.83 10.84 4.22 15.66
7.61
C. PUBLIC AUTHORI
TIES.
Establishments of
the naval admin
100
istration...............
Establishments of
the military ad
155
ministration.........
Postal and tele
graph adminis
121
tration .................
Railway adminis
tration.................. 3,277
Dredging, towing,
78
etc.........................
Building operations
(States and Em
234
pire)......................
1
Marine navigation..
Building operations
of local govern
486
ments...................
7.00 20.00 10.00 15.00 21.00
10.32 15.48 10.97
3.30
5.52
5.00
5.00
7.10 18.06 7.74 6.45 9.03 7.10 4.52 3.23
9.90 15.70 16.53 12.40 11.57
7.44
8.91 10.19 11.96 11.96 10.31
8.09
5.79
5.79
8.06
7.75
7.38
9.87
11.54 12.82 10.27
8.97
8.97
1.
5.56 10.68 10.68 11.54 11.54
8.12
6.41
8.55
9.05 12.35 11.73 11.52
7.61
9.26
7.61 11.32
11.54
4.14
7.44
1.28 11.54 14.10
7.
6.00
8.12 8.55 10.25
100.00
7.82
5.35
52
BULLETIN OF THE BUREAU OF LABOR.
CAUSES OF ACCIDENTS.
In Table 11 the proportion of the accidents due to the various
causes are given for the standard industry groups.
In this table the accidents are distributed among 17 groups of
causes. If there was more than one cause responsible for the acci
dent, the accident is classified under the cause which had the greatest
influence in producing the injury.
The accidents in the first 4 groups in the table may be grouped
together as having been caused by machinery of various sorts; these
4 groups included 24.37 per cent of the accidents of the year 1907.
The machinery accidents resulted fatally in 1.07 per cent of all the
accidents, while of all the fatal accidents machinery caused 13.40 per
cent. Out of the total number of 81,248 accidents compensated for
the first time in 1907, motors, etc., caused 0.64 per cent, transmission
apparatus 1.20 per cent, working machinery of all kinds 17.50 per
cent, and elevators, etc., 5.03 per cent. A table printed in the original
report but not here given shows that there were 19,803 accidents
caused by machinery of all kinds. The highest proportion of these
occurred in the iron and steel industries, which had 24.26 per cent of
the number just given. The woodworking associations had 15.77 per
cent, the textile associations 7.91 per cent, the mining 6.96 per cent,
the building trades 6.15 per cent, the metal-working trades 4.81 per
cent, the fine mechanical products association 3.28 per cent, and the
express and storage association 2.54 per cent.
Of the accidents occurring in each industry group, 71 per cent of
those occurring in the paper products group were due to machinery
of all kinds; in the clothing group 66.42 per cent of the accidents
were caused by machinery, the metal-working group had 62.17 per
cent, the musical instruments 61.33 per cent, the woodworking
59.13 per cent, the printing and publishing group 57.71 per cent,
and the textile group 57^21 per cent.
Of the accidents caused b y motors, engines, etc. (including prime
movers of all kinds), the highest proportion occurred in the case of
marine navigation (association 63) where they formed 8.28 per cent of
the accidents compensated in this industry; the group with the next
highest proportion of accidents due to motors, etc., was inland
navigation (association 60-62) where the proportion was 2.26 per
cent of the accidents compensated in this industry. Dairying, dis
tilling, etc. (association 38), has the next highest proportion, namely,
2.20 per cent of all the accidents compensated in 1907 in this industry.
The detailed table not reproduced here shows that 70.79 per cent of
the 517 accidents caused b y motors were caused by steam engines,
4.26 per cent b y water-power engines, 19.15 per cent by gas, com
pressed air, and wind motors, 5.03 per cent by electric m otors and
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907.
53
dynamos, and 0.77 per cent b y animal motors. Of the accidents
which were due to motors 7.16 per cent resulted fatally, while of all
fatal injuries 0.57 per cent were caused b y motors.
The term “ transmission apparatus” (Class II) includes shafting,
pulleys, tooth and friction gears, belts, ropes, chains, etc. Of the
accidents caused b y transmission apparatus 15.74 per cent resulted
in death; of all the fatal accidents 2.37 per cent were due to this
cause. A few of the groups of industries show a conspicuously high
proportion of their accidents as originating from transmission appa
ratus; thus flour milling (association 35) had 10.03 per cent of its
accidents due to this cause, while paper making (association 28) had
6.31 per cent of its accidents so caused.
The accidents caused b y “ working machinery” (Class III) form
17.50 per cent of all the accidents compensated and comprise the
largest group of accidents due to any one of the causes enumerated
in the table. Of all the injuries due to this cause 1.36 per cent
resulted fatally. In some of the industry groups this cause is respon
sible for over half of all the accidents compensated; thus of the
group paper products (association 29) 67.80 per cent of the accidents
were due to this cause; in the metal working group 57.47 per cent of
the accidents are due to this cause. On account of the varied nature
of the machinery included under the term “ working m achinery” the
accidents in one industry group can not very well be contrasted
with those in another group.
The cause numbered IV , elevators, cranes, hoists, lifts, etc., was
responsible for 5.03 per cent of the total number of injuries in 1907.
The industry groups in which this cause was especially conspicuous
are the water transportation industries; in 1907 the marine naviga
tion group (association 63) had 13.29 per cent and the inland naviga
tion group (association 60-62) had 13.27 per cent of their accidents
originating in this cause. Of the accidents in the sugar industry
group (association 37) and also in the express and storage group
(association 58), 9.45 per cent were caused b y elevators, hoists, etc.
All the other industry groups had less than 9 per cent of their injuries
due to this cause. Of all the accidents caused by elevators, hoists,
etc., in 1907, 11.79 per cent were fatal, while of all the fatal acci
dents compensated 7.47 per cent were due to this cause.
The cause numbered V, steam boilers, etc., in 1907, is conspicuous
for two things, first, the number of accidents is small, and second,
those accidents which did arise from this cause frequently resulted
in death, 26.85 per cent of these accidents causing the death of the
injured person. Of the total number of fatal accidents in 1907,
however, those due to steam boilers, etc., formed only 0.62 per cent.
The cause numbered VI, electric currents, was also responsible for
a small number of accidents, but as in the preceding class, the acci
54
BULLETIN OF THE BUREAU OF LABOR.
dents to a large degree resulted in death; 34.24 per cent of injuries
caused by electric currents were fatalities, though only 0.97 per cent
of all the fatal accidents were due to this cause.
The cause numbered V II, explosives of various kinds, possesses
the same characteristics as the two preceding classes, the number of
accidents being small and the proportion of this small number which
resulted in death being large.
The cause numbered V III, inflammable, hot, or corrosive sub
stances, likewise was responsible in 1907 for a small number of acci
dents, of which 20.36 per cent resulted in death. The industry group
chemicals (association 18) in 1907 had the highest proportion of
accidents due to this cause, having 14.47 per cent of all its accidents
originating in this class.
The cause numbered IX , collapse, fall, etc., of objects, materials,
etc., was responsible for 15.08 per cent of all the accidents compen
sated in 1907. Of the total number of injuries in 1907 due to this
cause, 10.75 per cent resulted in death, but these deaths formed
20.38 per cent of all the fatalities. This cause was responsible for
44.12 per cent of the accidents in the chimney sweeping industry
(association 42), for 32.78 per cent of the accidents in the mining
industry (association 1), and for 27.01 per cent of the accidents in the
building trades industries (associations 43-54). All of the other
industry groups had less than 20 per cent of their accidents arising
from this cause.
The cause numbered X , falls on even surface, falls from stairs,
ladders, fall into depressions, etc., was responsible for 11.30 per cent
of the accidents compensated in 1907. Of all the accidents due to
this cause, 8.48 per cent were fatal. The industry chimney sweeping
(association 42) had 38.24 per cent of its accidents due to this cause,
while the building trades (associations 43-54) had 23.82 per cent;
the proportion of accidents due to this cause in the other groups was
less than 20 per cent.
The cause numbered X I, loading, unloading, etc., formed 14.02
per cent of all the accidents compensated in 1907, and of these acci
dents 3.05 per cent were fatal. As would be expected, the industry
with the highest proportion of its accidents due to this cause is the
group express and storage (association 58) with 28.69 per cent.
Other groups where heavy parcels or heavy material is m oved show
also a high proportion; brewing and malting (association 39) and
engineering, excavating, etc. (association 64), had 24.88 per cent and
21.33 per cent, respectively, of all their accidents arising from this
cause.
The cause numbered X II, teaming, drayage, etc., was responsi
ble for 6.63 per cent of all the injuries compensated in 1907, and
10.15 per cent of these injuries were fatal. As in Class X I of
INDUSTRIAL ACCIDENTS IN GERM ANY, 1897 AND 1907.
55
causes, a transportation industry— in this case the livery, drayage,
cartage, etc., group (association 59), with 49.76 per cent— had the
highest proportion of its accidents arising in this cause.
The cause designated as operation of railways (Class X III) caused
9.71 per cent of the total number of injuries compensated in 1907,
and of these injuries 13.59 per cent resulted fatally. Of all the fatal
accidents compensated 16.59 per cent were caused b y this class.
As would be expected, the industry groups with the highest pro
portion of accidents due to this cause are the various forms o f railway
transportation and those groups in which special branch roads, spurs,
etc., are used for the movement o f material, etc.; thus private rail
ways (association 56) had 56.54 per cent o f its accidents in 1907 due
to this cause, street and small railroads (association 57) had 45.36
per cent, engineering, excavating, etc. (association 64), had 23.61
per cent, and the State railways had 46.44 per cent.
The cause indicated as shipping and water transportation (Class
X IV ) was responsible for 1.06 per cent of all the accidents compen
sated, but this cause is conspicuous by having 42.34 per cent o f these
accidents resulting in death, this being the highest proportion shown
by any of the causes given in the table; these fatal accidents, how
ever, formed but 5.65 per cent of all fatal accidents. The industry
groups with the highest proportion o f accidents due to this cause
are naturally those including water transportation; thus the group
inland navigation (association 60-62) had 46.22 per cent and marine
navigation (association 63) had 43.57 per cent.
The accidents caused by bite, kick, push, etc., of animals (Class
X V ) are not numerous, being 1.64 per cent of the total number
compensated in 1907, and of course occurred in those industries in
which animals are used in large numbers. Thus the group livery,
drayage, cartage, etc. (association 59), had 14.28 per cent of its
accidents originating in this cause; blacksmithing, farriers, etc.
(association 66), had 13.99 per cent, and meat products (association 65)
had 10.27 per cent.
The accidents caused b y tools, hand apparatus of various kinds,
etc. (Class X V I), formed 4.10 per cent of all the accidents compen
sated, and with one or two exceptions are not conspicuous in any of
the industry groups. The group meat products, etc. (association 65),
had 34.54 per cent of its accidents so caused, while blacksmithing
(association 66) had 15.51 per cent.
56
BULLETIN OF THE BUREAU OF LABOR.
T a b l e 11.—CAUSES OF ACCIDENTS: PE R CENT OF
PERSONS K IL LE D OR INJURED
AND BY
[Source: Amtliche Nachrichten des Reichs-Versicherungsamts, 1910. I Beiheft,
Per cent of persons killed or injured by—
Asso
cia
tion
num
ber.
Industry, etc.
(VI.)
(V .)
( II.)
( III.) (IV .)
(I.)
Motors, Trans Work
engines, mis
Eleva Steam
ing
Electric
etc.
tors,
sion
ma
boilers, cur
(prime appa
hoists,
etc.
rents.
mov ratus. chin
etc.
ery.
ers).
A. TOTALS.
Grand total:
1907..................................... (81,248 cases)..
1897..................................... (45,971 cases)..
Fatal injuries:
Per cent of all fatal accidents—
1907.............................. .(6,463 cases)..
18971............................
Per cent of fatal accidents of total accidents due to each cause—
1907............................... ..(6,463 cases)..
1897*............................
Industrial accident associations (not including
institutes):
1907..................................... (75,370 cases)..
1897..................................... (41,746 cases)..
Subsidiary institutes of the building trades, engineering, and navigation associations:
1907..................................... .(1,345 cases)..
1897...................................... ..(1,155 cases)..
Public authorities:
1907..................................... ...(4,533 cases)..
1897..................................... ..(3,070 cases)..
0.64
.95
1.20
1.55
17.50
17.40
5.03
4.86
0.18
.32
0.23
.04
. .57
.77
2.37
2.36
2.99
3.50
7.47
7.44
.62
1.02
.97
.20
7.16
8.70
15.74
16.22
1.36
2.15
11.79
16.38
26.85
34.25
34.24
52.63
.68
1.04
1.28
1.69
18.64
18.87
5.24
5.18
.20
.33
.22
.04
.09
.07
.26
.74
.34
1.42
1.73
.18
.10
.13
.16
3.51
3.81
2.69
1.73
.04
.26
.46
.03
.47
.81
.62
.42
3.09
2.44
7.94
11.64
.25
.23
.26
.02
.37
.39
1.57
1.22
6.01
3.92
5.95
2.51
.07
.06
1.55
2.47
1.42
3.35
37.00
39.15
3.92
3.00
.20
3.85
.88
1.24
23.49
2 1.85 2 26.00
8.52
2 6.63
.19
2.35
.26
2.07
.07
B. GBOUPS OP ASSOCIATIONS.
1
2
3
4-11
12,13
14
15
16
17
18
19
20
27
20-27
Mining:
1907..................................... ..(11,381 cases)..
1897..................................... ...(5,670 cases)..
Quarrying:
..(2,677 cases)..
1897..................................... .. .(1,554 cases)..
Fine mechanical products:
1907...................................... ..(1,481 cases)..
1897...................................... ...(567 cases)..
Iron and steel:
1907..................................... ..(14,083 cases)..
1897..................................... ...(6,873 cases)..
Metal working:
1907..................................... ...(1,533 cases)..
1897...................................... ...(534 cases)..
Musical instruments:
1907...................................... ...(225 cases)..
1897...................................... ...^(89 cases)..
Glass:
1907...................................... ...(347 cases)..
1897...................................... ...(235 cases)..
Pottery:
1907......................................
1897...................................... ...(166 cases)..
Brick and tile making:
1907..................................... ...(1,931 cases)..
1897..................................... ...(1,085 cases)..
Chemicals:
1907..................................... ...(2,038 cases)..
1897..................................... ...(1,007 cases)..
Gas and water works:
1907...................................... ...(435 cases)..
1897...................................... ...(179 cases)..
Linen:
1907....................... .............. . . . (280 cases)..
1897...................................... __(202 cases)..
Silk:
1907...................................... ___(93 cases)..
1897_____ __________________ ___ (68 cases) _.
Textiles (including linen and silk):
1907...................................... ..(2,739 cases)..
1897..................................... ...(2,394 cases)..
.87
3 2.34
.72
1.50
2.15
2.81
57.47
56.55
1.83
1.31
.13
.56
1.12
2.22
2.25
57.78
53.93
1.33
3.37
.44
.58
.43
1.73
2.55
13.82
14.04
.58
.85
.65
.60
3.23
4.82
22.26
25.91
2.89
.60
.32
.65
.78
1.38
2.43
1.38
13.62
14.75
5.65
4.98
.31
.37
.05
.93
1.19
1.62
2.98
17.22
15.10
3.29
2.28
.25
.30
.15
1.60
1.68
.22
.56
3.00
1.12
3.00
2.79
.56
.56
1.07
1.49
3.57
2.48
55.71
55.94
1.44
1.48
.72
.49
5.89
5.38
4.41
41.93
54.41
1.08
1.47
1.02
1.63
3.72
3.26
50.64
55.97
1.83
1.80
* Number of cases not reported.
.41
.63
.11
57
INDUSTRIAL ACCIDENTS IN GERM ANY, 1897 AND 1907,
B Y ACCIDENTS COMPENSATED FOR THE FIRST TIME, 1907 AND 1897, B Y CAUSES
INDUSTRIES.
II Tell.
Gewerbe-Unfallstatistik fur das Jahr 1907, pp. 352-362, 366-383.J
Per cent of persons killed or injured by—
(X II.)
(VIII.)
(IX .)
(X .)
(X I.)
Inflam
Falls,
Team
mable, Collapse, falls
ing,
Explo hot, or - fall, etc., from Loading,
unload draysives. corrosive of ob
stairs, ing,
etc.
age,
sub
jects. ladders,
etc.
stances.
etc.
(V II.)
(X III.) (X IV .) (X V .) (X V I.) (XV II.)
Ship
Ani
Tools,
ping
Opera
mals
and
hand
Mis
tion of water
appa cella
rail
trans
ratus,
neous.
ways.
porta push,
etc.
etc.).
tion.
0.64
.95
3.53
3.35
15.08
16.94
11.30
11.83
14.02
13.76
6.63
6.37
9.71
7.84
1.06
1.37
1.64
.91
4.10
3.57
7.51
7.99
2.20
2.26
9.04
5.71
20.38
22.00
12.04
15.92
5.38
6.14
8.46
7.89
16.59
13.62
5.65
6.36
1.52
1.07
.67
1.14
3.08
2.60
27.52
25.28
20.36
18.23
10.75
13.89
8.48
14.40
3.05
4.78
10.15
13.26
13.59
18.60
42.34
49.76
7.36
12.44
1.29
3.41
3.28
3.49
.65
.98
3.69
15.34
11.07
13.80
3.53
11.73
13.37
6.75
6.55
8.33
6.04
.97
1.39
1.73
.97
4.10
3.45
7.31
17.13
.82
.87
2.01
2.51
28.92
35.41
22.60
22.25
12.79
12.47
6.17
5.63
1.41
1.73
6.25
.26
.89
.26
4.61
5.71
11.30
10.48
.29
.62
1.39
1.20
6.64
7.39
11.69
9.32
18.11
19.45
4.70
4.17
34.99
34.66
.97
1.50
.36
.29
4.10
4.40
9.75
10.91
2.02
3.49
4.12
3.35
32.78
38.45
6.29
5.75
6.20
6.42
.46
.28
25.93
17.00
.83
.49
2.21
2.17
6.53
7.04
3.88
5.60
1.27
1.35
18.98
27.54
9.41
10.17
15.24
13.26
5.12
5.41
14.12
11.84
.72
.58
1.12
.77
5.08
4.31
11.09
11.07
.34
.53
3.51
2.47
10.13
11.64
8.58
8.64
9.66
10.93
3.38
2.65
1.63
.35
.18
.08
.18
4.62
4.94
10.13
8.64
.15
2.17
6.77
*6.94
9.82
*9.44
8.17
*7.57
16.10
*14.83
2.75
*3.03
6.45
*4.26
.16
2.29
.16
*.14
.26
.19
4.04
4.68
6.52
3.75
5.81
7.30
8.74
7.12
2.02
1.31
1.11
.19
.07
.13
3.39
4.68
5.54
8.05
.44
2.25
6.67
5.62
7.11
7.86
13.33
6.74
.89
.44
3.12
2.25
6.23
14.61
5.19
5.96
6.92
6.81
16.43
14.47
17.58
16.17
5.48
3.83
6.34
5.11
.29
.42
1.15
1.15
3.40
22.47
25.96
2.26
1.80
8.71
9.04
13.87
18.67
18.06
13.86
6.77
4.82
4.84
1.81
.60
1.94
.60
2.58
1.20
10.97
15.67
.15
.37
1.35
Is 66
15.54
18.16
7.98
9.49
12.07
10.14
14.09
13.55
15.43
12.63
.47
.55
2.58
2.67
2.38
3.22
5.12
4.70
2.11
4.57
14.47
15.59
7.80
7.05
11.63
11.62
15.90
14.50
5.94
7.25
5.35
5.36
.20
.50
.93
.89
3.19
2.68
9.02
8.14
8.05
5.03
15.40
20.11
18.62
23.46
16.55
9.50
8.05
7.82
6.67
3.35
.45
.56
5.98
6.14
12.41
16.76
1.44
.49
4.64
6.44
7.86
7.92
10.30
12.38
2.14
3.47
.70
.49
.70
2.86
3.96
6.79
2.97
4.31
2.94
7.53
2.94
17.20
10.30
11.83
5.88
2.15
2.94
2.15
1.07
2.15
1.47
3.22
7.35
3.10
2.80
5.88
4.60
11.43
9.48
9.64
9.62
.54
.54
1 97
2.12
5.91
4.30
.29
.04
2.96
.84
.54
2.67
*Including blacksmithing, etc.
Asso
cia
tion
num
ber.
7.71
5.65
9.25
*4.16 *12.93
1
2
3
4-11
12,13
14
15
16
17
18
19
20
27
20-27
58
BULLETIN OF THE BUREAU OF LABOR.
T able 11.—CAUSES OF ACCIDENTS: PE R CENT OF PERSONS K IL LE D O R INJURED
A N D B Y INDUS
Per cent of persons killed or injured by—
Asso
cia
tion
num
ber.
Industry, etc.
(II.)
(H I.)
(IV .)
(VI.)
(V .)
(I.)
Motors,
Work Eleva
engines, Trans
mis
ing
Steam Electric
etc.
tors,
sion
ma
cur
(prime appa
hoists, boilers,
chin
etc.
rents.
mov ratus.
etc.
ery.
ers).
b . groups op associations—continued.
28
29
30
31-34
35
36
37
38
39
40
41
42
43-54
55
56
57
58
59
60-62
Paper making:
1907.....................................
1897.....................................
Paper^products:
...(500 cases)..
1897..................................... ...(271 cases)..
Leather:
1907..................................... ...(537 cases)..
1897..................................... ...(292 cases)..
Woodworking:
1907..................................... ..(5,280 cases)..
1897..................................... ..(2^868 cases)..
Flour milling:
1907..................................... ..(1,027 cases)..
1897..................................... ..(1^007 cases)..
Food products:
1907..................................... ...(789 cases)..
1897.................................. ...(340 cases)..
Sugar:
1907......................................___(508 cases)..
1897......................................
Dairying, distilling, and starch
1907......................................
1897......................................
(360 cases)..
Brewing and malting:
1907.................. ................. . .(1,608 cases)..
1897..................................... ..(1,142 cases)..
Tobacco:
1907......................................___ (81 cases)..
1897......................................___ (57 cases)..
Clothing:
1907......................................
1897...................................... . . . (295 cases)..
Chimney sweeping:
1907......................................
(34 cases)
1897_____________________ ____ (38 c a s e s ). .
Building trades (not including institutes):
1907..................................... .(11,031 cases)..
1897..................................... ..(7,930 cases)..
Printing and publishing:
1907......................................
(428 cases)..
1897......................................__ (252 cases)..
Private railways:
1907......................................__ (168 cases)..
1897......................................__ (l25 cases)..
Street and small railroads:
1907......................................,. (485cases)..
1897......................................
(168 cases)..
Express and storage:
1907..................................... (3,932 cases)..
1897..................................... ..(1,426 cases)..
Livery, drayage, cartage, etc.:
1907..................................... ..(2,500 cases)..
1897..................................... ..(l,242 cases)..
Inland navigation:
1907...................................... __ (753 cases)..
1897____________________________ (5 2 7 cases V .
63
64
65
Marine navigation (not including institute):
1907......................................__ (459 cases)..
1897......................................
(397 cases)..
Engineering, excavating, etc. (not including
UlotlvUtt//•
1907..................................... ..(2,143 cases)..
1897..................................... ..(1,226 cases)..
Meat products:
1907..................................... (1,120 cases)..
1897......................................
0.63
2.20
6.31
8.61
39.09
43.75
4.03
4.39
0.63
1.86
.40
1.85
1.20
1.48
67.80
70.11
1.60
1.84
.40
.74
2.05
37.24
2.78
2.05 ' 26.03
2.25
1.03
.75
2.74
0.25
.55
.84
1.76
2.09
55.61
54.08
1.21
1.29
.08
.35
1.56
2.48
10.03
11.22
23.76
26.52
7.98
6.45
.19
.50
1.39
2.06
1.14
4 1.76
27.38
32.94
2.92
4.71
.75
.29
1.38
2.75
3.94
4.13
13.77
11.00
9.45
8.45
.39
1.37
.40
2.20
2.22
4.89
2.78
11.73
13.33
3.18
3.61
1.22
2.50
.24
1.24
1.22
2.05
2.89
4.61
4.73
3.92
6.57
.44
.35
.06
1.23
1.75
1.23
33.35
28.07
1.23
3.51
1.75
.89
2.37
1.78
3.05
61.83
58.65
1.92
.68
.59
1.35
.15
.21
.25
.36
.45
7.41
5.72
3.06
3.03
.07
.05
.11
.01
.93
1.59
.23
1.19
56.07
72.22
.48
1.19
.60
2.98
1.60
1.78
3.20
3.92
2.98
1.44
1.19
.21
.59
2.47
1.19
3.08
1.61
9.45
12.84
.05
.07
1.08
.41
1.00
1.93
.13
.35
.13
.21
.16
.04
2.26
2.66
.27
.19
.27
.76
13.27
9.67
.80
.38
8.28
5.54
.22
1.96
1.51
13.29
7.31
.76
.37
.165
.20
.165
2.00
1.55
3.59
1.71
.05
.33
19.64
26.44
.53
2.13
.09
.54
.31
.18
1.82
.22
.08
59
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907.
B Y ACCIDENTS COMPENSATED FOR THE FIRST TIME, 1907 AND 1897, B Y CAUSES
TRIES—Continued.
Per cent of persons killed or injured by—
(X .)
(X I.)
(V H I.)
(IX .)
(X II.)
Inflam
Falls,
mable, Collapse, falls Loading, Team
ing,
Explo hot, or fall, etc., from
unload draystairs, ing,
sives. corrosive of ob
etc.
age,
sub
jects. ladders,
etc.
stances.
etc.
(V II.)
(X III.) (X IV .) (X V .) (X V I.) (X V II.)
Ship
Ani
Tools,
ping
Opera
mals
and
hand
Mis
tion of water
appa cella
rail
ratus,
trans
neous.
ways.
porta push,
etc.
etc.).
tion.
3.15
2.20
7.19
5.58
9.33
5.74
13.75
11.99
4.67
4.05
2.40
1.86
3.28
2.87
4.79
4.56
.80
2.21
5.80
1.84
6.80
3.32
6.20
11.81
3.00
.74
.20
.37
.60
2.80
.74 > 1.11
2.40
2.58
8.95
7.88
6.52
5.14
16.57
13.01
9.68
18.15
2.42
6.51
.56
.69
.56
.34
5.21
8.90
5.77
5.48
0.02
.10
.76
.59
7.25
6.59
6.21
5.47
11.52
13.68
4.87
5.16
1.44
1.26
.09
.28
.68
.73
3.58
3.10
4.37
4.39
.10
.10
.49
.50
6.43
3.97
8.18
7.94
14.70
16.98
13.92
13.01
2.43
.69
.20
3.70
1.89
2.53
2.78
4.00
4.77
3.80
6.76
7.10
5.59
15.34
12.65
12.55
10.59
8.37
6.47
.63
.59
.12
.29
3.30
1.47
3.30
2.06
11.91
11.77
4.92
6.88
11.81
12.18
14.17
12.18
12.40
13.55
4.13
2.95
13.78
14.14
.39
.79
3.35
3.93
6.12
5.30
4.40
5.28
8.07
4.72
15.16
16.95
17.36
21.94
15.16
13.89
3.67
1.11
3.42
2.50
2.94
3.06
5.38
6.11
2.92
3.06
7.96
9.90
16.04
14.89
24.88
26.71
20.02
18.83
1.24
.96
5.04
2.54
1.37
1.31
8.21
6.04
1.23
1.75
3.69
3.51
17.28
19.30
14.82
26.32
6.17
5.26
1.25
1.76
6.17
3.51
12.35
3.51
2.23
4.07
3.70
3.73
7.40
8.14
5.48
6.78
3.96
1.35
.30
2.96
3.73
6.66
5.76
8.82
7.89
44.12
28.95
38.24
44.74
2.94
2.63
5.88
2.65
2.76
27.01
28.65
23.82
26.23
14.72
14.44
5.92
4.88
2.04
1.27
1.87
1.19
3.27
2.78
18.46
9.92
5.61
3.18
5.14
1.98
.70
3.57
3.57
3.20
11.31
7.20
9.52
12.00
2.98
2.40
56.54
59.20
1.44
1.19
5.57
4.17
12.78
10.71
* 11.55
' 7.14
4.54
7.74
45.36
47.02
.60
.08
.07
.99
1.54
10.27
11.85
11.78
9.68
28.69
28.05
18,16
17.95
3.31
3.86
.08
.08
.36
.32
2.52
4.91
4.56
3.70
20.72
16.10
49.76
57.25
.19
1.20
.76
4.12
6.26
11.16
9.49
10.76
14.04
1.72
1.33
1.52
3.53
5.23
4.53
12.85
13.35
3.27
4.03
.22
1.45
2.37
.79
.49
18.76
21.45
10.27
7.75
21.33
15.58
4.95
4.73
23.61
28.55
.09
2.23
3.65
2.68
2.43
9.91
6.99
6.79
5.78
6.61
4.86
.54
.30
.49
.28
.25
1.60
0.37
.49
.15
.34
0.13
.34
15.79
.11
.21
.58
.38
4.07
4.06
7.58
7.36
1.17
.79
.93
1.19
5.14
2.78
.60
4.00
6.55
5.60
.82
9.52
2.89
1.79
7.01
4.17
1.98
2.32
4.17
1.89
1.96
1.33
5.77
6.38
3.04
2.81
.08
.08
14.28
8.62
.68
1.13
1.80
2.50
1.32
1.71
46.22
47.63
.26
2.25
1.13
4.12
3.80
43.57
51.89
.25
1.96
1.76
7.41
5.54
1.21
1.30
.46
.57
3.35
4.24
7.61
8.97
10.27
6.08
34.54
35.56
5.36
3.65
Asso
cia
tion
num
ber.
29
30
31-34
35
37
40
41
42
43-54
55
56
57
58
59
64
65
60
T able
BULLETIN OF THE BUBEAU OF LABOR.
11.—CAUSES OF ACCIDENTS: PER CENT OF PERSONS K ILLE D OR INJURED
AND B Y INDUS
Per cent of persons killed or injured by—
ela
tion
num
ber.
(VI.)
(H .)
(HI.)
(IV.)
(V.)
(I .)
Motors,
engines, Trans Work Eleva Steam Electric
mis
ing
etc.
tors,
cur
sion
ma
(prime appa
hoists, boilers,
rents.
chin
etc.
etc.
mov
ery.
ratus.
ers).
Industry, etc.
b
.
groups op
a s s o c ia t io n s —
concluded.
Blacksmithing, etc.:
1907........................................... (929 cases)..
1897.......................................................... .
0.43
C1)
0.32
16.36
0.54
(0
0)
(*)
1.90
3.49
20.00
8.14
11.44
5.81
.53
20.38
22.63
4.46
1.05
0)
(>)
C. PUBLIC AUTHORITIES.
Establishments of the naval administration:
1907......................................................... (105cases)..
.95
1897...........................................................(86cases)..
Establishments of the military administration:
1907......................................................... (157cases)..
1.27
1897......................................................... (190cases)..
1.05
Postal and telegraph administration:
1907......................................................... (122cases)..
1897...........................................................(54cases)..
Railway administration:
1907......................................... (3,316 cases)..
.06
1897......................................... (2,233 cases)..
.045
Dredging, towing, etc.:
1907...........................................................(79cases)..
1897...........................................................(52cases)..
Building operations (States and Empire):
1907......................................................... (248cases)..
1897......................................................... (188cases)..
Marine navigation:
* 1907................................................ (lease)..
1897............................................................ (5cases)..
Building operations of local governments:
1907......................................................... (505cases)..
.20
is)..
1897........................................... (262 cases).
0.64
14.75
1.85
1.64
1.85
.045
2.75
2.55
2.38
1.39
3.80
10.13
11.54
1.61
5.65
3.19
2.6Q
.06
.31
20.00
.20
1.18
1.91
.40
.38
.20
1Included in associations 4-11.
PROPORTION OF ACCIDENTS DUE TO THE FAULT OF TH E EMPLOYER, OF
THE WORKMAN, ETC.
Table 12 shows the per cent of accidents compensated for the first
time in 1907 and in 1897, distributed in the proportion of those due to
the fault of the employer, those due to the fault of the workman,
and those due to four other specified causes. It is freely admitted
that it was no easy task to decide which party was at fault in an
accident, and therefore the per cents in the table are subject to some
degree of uncertainty. The table does, however, give in a general
way reliable information as to the party at fault, and the data as
here compiled are regarded, both in Germany and in other countries,
as entirely trustworthy. It is necessary to make a few statements
in explanation of the terms used at the head of the table in order to
clearly define what is meant by the fault in each case.
The accidents due to the fault of the employer include three classes:
First, “ defective apparatus, arrangements, etc.,” includes accidents
caused by faults in the plant generally, in the machinery, in poor or
inadequate maintenance of the buildings or m achinery; the em ploy
61
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907.
B Y ACCIDENTS COMPENSATED FOR THE FIRST TIME, 1907 AND 1897, B Y CAUSES
TRIES—Condud ed.
Per cent of persons killed or injured by—
(X U .)
(X .)
(X I.)
(v m .)
(IX .)
Inflam
Falls,
Team
mable, Collapse, falls Loading,
ing,
Explo hot, or fall, etc., from
unload
draystairs, ing, etc.
sives. corrosive of ob
age,
sub
jects. ladders,
etc.
etc.
stances.
(V II.)
(X III.) (X IV .) (X V .) (X V I.) (X V U .)
Ship
Ani
Tools,
mals
Opera ping
and
hand
Mis
tion of water
(bite, appa
cella
kick, ratus, neous.
rail
trans push,
ways. porta
etc.
etc.)tion.
0.97
0)
6.46
<0
6.78
0)
7.53
(0
7.75
0)
6.46
(0
(0
<l>
2.86
1.16
1.90
3.49
5.72
9.30
12.38
8.14
10.48
30.23
3.81
2.33
1.90
1.16
2.86
1.16
2.55
2.63
2.55
2.10
8.92
14.21
14.01
9.47
19.75
18.95
4.46
4.21
1.27
1.58
1.64
12.30
25.93
19.67
40.74
9.02
7.41
16.39
12.96
4.10
3.70
1.36
1.12
5.28
4.97
9.89
7.79
18.85
20.69
1.92
1.70
46.44
46.80
.06
.05
1.92
10.13
13.46
13.92
17.31
31.65
17.31
17.72
9.61
5.06
5.77
13.46
1.21
1.06
8.06
10.64
14.92
11.70
14.52
18.62
8.47
5.32
5.24
2.66
14.52
17.55
.03
.09
.81
3.72
13.99
0)
15.51
(0
16.90
C1)
8.56
5.82
15.24
19.77
.53
7.00
6.32
12.74
14.21
1.64
1.85
8.20
10.65
3.71
.06
.09
3.20
3.99
7.54
8.37
1.26
3.85
6.33
5.77
.81
7.25
9.58
16.13
13.30
1.98
1.91
6.13
3.43
19.40
28.24
Asso
cia
tion
num
ber
66
100.00
80.00
.59
1.53
1.40
.76
12.48
15.27
18.80
12.98
16.24
9.54
16.44
22.14
3.96
1.91
.40
ment of poor material; imperfect methods of work, especially the
instructions given workmen; the use of loosely fastened parts of the
plant, such as poor stairways, ladders, etc.; insufficient lighting of the
workrooms, failure to remove snow or ice from the working places,
etc.; second, “ absence of or defective safety appliances” includes the
failure to use proper apparatus, such, for instance, as one prescribed
by the regulations of the association or one which is customary in
the industry; and, third, “ absence of or defective regulations, super
vision, etc.,” includes cases of imperfect management, insufficient
number of supervisors, detailing unsuitable, especially youthful,
workers for tasks which are beyond their powers or for tasks which
are especially dangerous, etc. The term “ fault of the employer”
includes also the acts of foremen, supervisors, managers, etc.
The accidents due to the fault of the workmen are classified into
five groups: First, “ lack of skill, inattention, or carelessness,” in
cludes accidents due to lack of ordinary skill or lack of ordinary
care or caution which may reasonably be expected of a workman
and includes the number of accidents which are generally comprised
85048°—B u ll. 92— 11----- 5
62
BULLETIN OF THE BUREAU OF LABOR.
under the designation of carelessness due to the zeal in work or to
lack of forethought or failing to keep in mind the danger of the opera
tions, etc.; in general these accidents are not of great importance, the
more serious cases being included in the other classes under “ acts con
trary to rules, regulations, etc.;” second,“ failure to use safety appli
ances or removal of same” includes instances where the workman
has either not used the prescribed apparatus or has not used it in the
prescribed manner or has (contrary to regulations) entirely removed
it; third, “ acts contrary to rules, regulations, etc.,” includes cases
where the workman consciously disobeys existing rules for the pre
vention of the accident, rules established by law or official regula
tions, or rules established by the employer or his representative;
fourth, “ horseplay, mischief, intoxication, etc.,” includes those acts
usually understood by these terms; fifth, “ unsuitable clothing”
includes accidents due to wearing of loose overalls, fluttering aprons,
neckcloths, ribbons, unsuitable footgear, having the hair arranged in
high coiffures, etc.
The third group includes accidents due to the fault of the employer
and of the workman at the same time and includes cases where acci
dents would have been included in those due to some of the causes
already mentioned.
The fourth group includes accidents caused by fellow workmen
or by a third party, but not including the employer.
The fifth group includes accidents in which no one was at fault;
it especially includes accidents due to the general hazard of the indus
try, such as in case where, according to the present development of
protective appliances and by the use of all reasonable supervision,
the accident still occurs.
The last group includes accidents due to “ other causes” and refers
especially to cases where the accident has been caused by an act of
God, such as lightning, sudden storm, etc., or due to other unforeseen
occurrences or to the workman suddenly becoming ill and the like.
The distribution of the total number of accidents among the various
causes shows that 12.06 per cent were due to the fault of the employer,
41.26 per cent to the fault of the workman, and 37.65 per cent to the
general hazard of the industry. The most interesting fact presented
by the table is the showing that the proportion due to the fault of the
employer has decreased; that the proportion due to the general hazard
of the industry has also decreased; and that the proportion due to the
fault of the workman has increased in 1907 as compared with 1897.
The report states that this change in the proportion is due to the
introduction of preventive measures, safety appliances, etc.; this is
shown especially in the columns marked “ defective apparatus,
arrangements, etc.,” and “ the absence of or defective safety appli
ances.” In the accidents due to the fault of the employer, where, in
connection with motors, transmission apparatus, working machinery,
INDUSTRIAL* ACCIDENTS IN GERMANY, 1897 AND 1907.
63
elevators, and steam boilers, a marked improvement has occurred.
In the accidents due to the fault of the workman 28.96 per cent were
caused by lack of skill, inattention, or carelessness, this being the
highest percentage in any cause save general hazard of the industry;
in 1897 this group included 20.85 per cent of the total number of
accidents and its increase to 28.96 per cent is responsible for the
principal part of the increase in the percentage of accidents due to
the fault of the workman. In distributing the accidents among
the apparatus, etc., causing the injury, there are a few cases where
the fault of the workman is conspicuous; thus of the accidents
caused by motors, engines, etc., 69.94 per cent were due to 'th e
fault of the workman; of the accidents caused by transmission appa
ratus, 67.54 per cent were due to the fault of the workman; of the
accidents caused by the operation of railways, 57.79 per cent were
due to the fault of the workman. The report calls special attention
to the fact that in discussing accidents due to the fault of the work
man emphasis must be placed on the fact that in very few cases
could a serious fault or gross negligence be charged against the work
man; by far the greatest number of accidents due to the workman's
fault were caused by awkwardness, slight carelessness, and lack of
caution, which are due to a greater or less degree to the natural
weakness of ordinary human beings and in many cases should rather
be considered as unavoidable. Of the accidents due to the fault of
the employer the highest proportion is found among those caused by
steam boilers, etc., in which 32.89 per cent were credited to the fault
of the employer; of the accidents due to collapse, fall, etc., of sub
stances, 21.58 per cent were due to the fault of the employer.
The report also urges that in developing systems of preventive
measures attention should be paid to the fact that no human being
can be expected to continually keep in mind the fact that certain
dangers are present in his occupation. Of the accidents due to the
general hazard of the industry, the cause showing the highest propor
tion was that of animals (bite, kick, push, etc.), where 89.15 per cent
originated in this manner; loading, unloading, etc., had 52.10 per
cent; inflammable, hot, or corrosive substances had 50.51 per cent;
shipping and water transportation had 50.06 per cent, while the
lowest proportion was shown by transmission apparatus, which had
7.06 per cent due to this cause. In 9 of the 17 classes of causes of
injuries there is a decrease in the proportion due to the hazard of
industry, while in 7 of the others there is an increase in the propor
tion, and 1 was not reported in 1897; in some cases this increase is
quite marked, as, for instance, steam boilers had but 16.03 per cent
in 1897 and 30.20 per cent in 1907 due to the general hazard of the
industry. Many of these instances have also a sharp decrease in the
proportion of accidents due to the fault of the employer; thus acci
dents caused by steam boilers, etc., had 64.89 per cent due to the
fault of the employer in 1897 and 32.89 per cent in 1907.
64
BULLETIN OF THE BUREAU OF LABOR.
T a b l e 12.—FA U LT OF T H E EM PLO YE R, OF THE W ORKM EN, ETC.: P E R CENT OF ACCI
OF INJURY,
[Source: Amtliche Nachrichten des Reichs-Versicherungsamts, 1910,
Apparatus, etc., causing the injury.*
Grand total:
1907................................................ .(81,248 cases)..
1897................................................
Accidents caused by machinery:
1907................................................ .(19,803 cases)..
1897................................................
Accidents due to causes other than machinery:
1907................................................ .(61,446 cases)..
1897................................................
Per cent of accidents due to—
Per cent
of persons
killed or
injured
Fault of employer.
to whom
compen
sation
Absence
was paid Defective Absence
of or
for the
of or
appa
defective
first time ratus, ar- defective regula
Total.
for whom rangesafety
tions,
reports
appli
super
ments,
were
etc.
vision,
ances.
obtained.
etc.
99.13
97.66
5.40
7.15
4.69
7.82
1.97
1.84
12.06
16.81
99.56
98.16
5.42
6.96
12.00
16.32
1.55
2.34
18.97
25.62
98.99
97.50
5.39
7.21
2.32
5.00
2.11
1.68
9.82
13.89
98.45
97.03
4.71
5.43
5.11
9.43
1.18
2.83
11.00
17.69
97.63
98.18
6.01
7.55
9.38
13.96
3.16
4.70
18.55
26.21
99.81
98.51
3.13
3.18
14.68
19.66
1.25
2.21
19.06
25.05
99.24
97.09
13.35
20.79
4.13
6.31
2.26
1.94
19.74
29.04
100.00
89.73
22.15
38.93
6.04
19.09
4.70
6.87
32.89
64.89
94.57
(2)
11.49
(2)
3.45
(2)
4.02
(2)
18.96
(2)
96.32
72.44
4.63
7.55
.40
.94
7.85
8.49
12.88
16.98
99.27
94.68
5.34
7.81
2.60
7.13
2.28
6.72
10.22
21.66
99.83
98.69
12.04
17.40
4.27
5.36
5.27
2.60
21.58
25.36
98.02
96.45
4.84
4.58
4.78
7.91
.81
.97
10.43
13.46
99.91
99.46
2.22
2.72
.33
.81
2.11
.84
4.66
4.37
97.98
96.82
4.79
4.41
.51
1.63
.95
.63
6.25
6.67
98.38
98.20
5.48
7.21
.54
.85
1.37
1.83
7.39
9.89
89.44
81.72
5.58
7.78
.39
1.56
.91
2.53
6.88
11.87
99.62
98.80
.60
.24
.30
.38
.73
1.28
.97
99.97
99.70
1.50
1.83
.57
.12
.24
.31
2.31
2.26
99.66
99.05
1.87
1.20
3.86
16.17
.48
.63
6.21
18.00
CAUSES.
I. Motors, engines, etc. (prime movers):
1907..................................
1897..................................
II. Transmission apparatus:
1907..................................
1897..................................
IH. Working machinery:
1907.................................. .(14,217 cases)..
1897..................................
IV. Elevators, hoists, etc.:
1907..................................
1897..................................
V. Steam boilers, etc.:
1907..................................
1897..................................
V I. Electric currents:
1907..................................
1897..................................
VH. Explosives:
* 1907..................................
1897..................................
VIII. Inflammable, hot, or corrosive substances:
1907..................................
1897..................................
IX . Collapse, fall, etc., of objects:
1907.................................. .(12,249 cases)..
1897..................................
X . Falls, falls from stairs, ladders, etc.:
1907..................................
1897..................................
X I. Loading, unloading, etc.:
1907.................................. .(11,392 cases)..
1897..................................
X II. Teaming,drayage, etc.:
1907.................................. ..(5,387 cases)..
1897..................................
X III. Operation of railways:
1907..................................
1897..................................
X IV . Shipping and water transportation:
1907..................................
1897..................................
X V . Animals (bite, kick,push, etc.):
1907.................................. ..(1,332 cases)..
1897..................................
X V I. Tools, hand apparatus, etc.:
1907..................................
1897..................................
X V II. Miscellaneous:
1907.................................
1897..................................
Number of cases in 1897 not reported,
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907.
65
DENTS DUE TO FAU LT OF E M PLOYER, OF W ORKM AN, ETC., CLASSIFIED B Y CAUSES
1907 AND 1897.
I Beiheft, II Teil.
Gewerbe-Unfallstatistik fur das Jahr 1907, pp. 384, 385.)
Per cent of accidents due to—
Fault of the workman.
Lack of
skill, in
attention,
or care
lessness.
Failure
Acts
Horseto use
safety contrary
Unsuit
to
rules,
mischief,
appli
able
regu
intoxi clothing.
ances or
cation,
lations,
removal
etc.
etc.
of sanie.
,
Total.
Fault
Fault
Other
of both of fellow General
causes
employer workman hazard
(chance,
of the
and work or third industry.
act of
man.
party.
God,etc.).
28.96
20.85
2.22
1.92
9.48
5.44
0.55
1.19
0.05
.49
41.26
29.89
0.91
4.66
5.94
5.28
37.65
42.05
2.18
1.31
28.75
25.58
4.61
3.23
18.04
13.29
.67
1.60
.14
.88
52.21
44.58
2.01
9.52
3.93
3.97
22.57
16:04
.31
.27
29.03
19.29
1.44
1.48
6.70
2.84
.51
1.05
.03
.36
37.71
25.02
.56
3.05
6.59
5.72
42.53
50.66
2.79
1.66
43.02
34.90
1.18
24
25.15
17.22
.39
2.12
.20
.47
69.94
54.95
1.18
9.20
2.16
1.89
14.74
16.04
.98
.23
18.86
18.38
2.42
2.85
43.62
25.64
2.00
2.99
.64
5.55
67.54
55.41
4.53
11.97
2.11
1.71
7.06
4.56
.21
.14
27.76
26.07
5.78
3.93
17.36
13.34
.60
1.40
.15
.69
51.65
45.43
1.85
9.14
2.22
2.83
24.99
17.30
.23
.25
32.73
24.30
1.48
1.38
13.55
8.35
.62
1.80
.18
48.38
36.01
2.09
10.19
10.53
9.22
18.74
15.17
.52
.37
11.41
7.64
1.34
.76
14.09
1.53
1.35
3.05
28.19
12.98
2.01
.76
4.70
5.34
30.20
16.03
2.01
24.14
<2)
1.72
(2)
21.85
(2)
1.72
(2)
49.43
(2)
.57
(2)
6.90
(2)
18.39
(2)
5.75
(2)
11.67
8.80
.80
.63
26.16
25.16
3.22
9.12
41.85
43.71
3.42
5.97
7.24
8.81
32.80
24.53
1.81
17.00
10.42
3.16
3.91
10.19
5.00
1.02
2.05
.24
1.99
31.61
23.37
.49
5.21
4.85
4.39
50.51
44.07
2.32
1.30
19.85
12.04
.47
.34
5.05
3.21
.21
.35
.01
25.58
15.95
1.41
4.90
7.26
7.25
42.20
45.36
1.97
1.18
45.33
18.62
1.10
1.22
2.97
1.18
1.00
1.70
.03
.78
50.43
23.50
.49
3.75
2.23
1.51
30.48
54.14
5.94
3.64
30.92
26.23
.05
.26
2.71
.51
.10
.14
.02
.30
33.80
27.44
.17
1.29
7.49
5.71
52.10
60.65
1.78
.54
24.46
21.07
.09
.49
8.90
4.59
.99
2.19
.28
34.44
28.62
.28
2.12
8.62
5.50
47.36
56.46
3.05
.63
38.75
34.76
.68
.51
18.04
8.48
.32
1.47
.20
57.79
45.42
.50
4.86
9.65
9.78
23.41
29.06
1.26
.99
20.88
22.37
.65
.19
1.95
1.17
1.03
1.56
24.51
25.29
.97
4.41
2.53
50.06
43.00
14.14
16.34
2.18
.97
.53
.73
5.95
6.54
.48
1.81
.73
89.15
91.04
1.81
.24
3.24
4.84
(2)
1
34.58
35.07
1.86
.12
4.26
.18
.18
.43
.18
40.88
35.98
.09
.55
12.80
12.89
43.54
47.89
.38
.43
22.65
6.21
8.07
8.18
5.75
.49
.54
.93
.03
.36
37.05
16.17
.20
.79
3.07
2.84
49.73
60.01
3.74
2.19
2 Not reported,
66
BULLETIN OF THE BUREAU OF LABOR.
RESULT OF TH E INJURIES.
Table 13 shows the result of the injury, or rather the condition of
the injured person, expressed in terms of loss of earning power. To
bring out the condition of the injured person in the years immedi
ately following the granting of the pension the table shows what his
loss of earning power is during the first, the second, the third, and
the fourth year after the granting of the pension.
In the total for all industrial accident associations (not including
institutes), 65,205 injured persons were given pensions for industrial
accidents in 1904; during the year 1905, 7.63 per cent had died as the
result of the accident, and in the year 1908 this proportion had
increased to 8.06 per cent.
Of the 65,205 injured persons given pensions in 1904, 0.93 per cent
were rated as sustaining total permanent disability in 1905, and in
1908 this proportion had been reduced to 0.81 per cent.
Of the 65,205 injured persons granted pensions in 1904, 44.27 per
cent were rated as having sustained an injury causing partial perma
nent disability in 1905, and in 1908 this proportion had been reduced
to 37.40 per cent. Of the pensioners composing this 37.40 per cent,
24.17 per cent had sustained a loss of earning power of under 25 per
cent, 9.27 per cent had sustained a loss of earning power of 25 to 50
per cent, 3.01 per cent a loss of earning power of 50 to 75 per cent,
and 0.95 per cent a loss of earning power of 75 to 100 per cent; in
each case there is a decrease in the proportion of those sustaining the
various degrees of loss of earning power during the four years 1905
to 1908.
Of the 65,205 injured persons who were granted pensions in 1904,
47.17 per cent were rated in 1905 as having sustained temporary dis
ability, and in 1908 this proportion had been increased to 53.73 per
cent; in 1905, 22.59 per cent were no longer disabled and in 1908
44.37 per cent were no longer disabled; in 1905, 19.67 per cent had
sustained a loss of earning power of less than 25 per cent and in 1908,
8.15 per cent had sustained this loss of earning power; in 1905, 3.93
per cent were rated as having sustained a loss of earning power of 25
to 50 per cent, and in 1908 this proportion had been reduced to 0.98
per cent; in 1905, 0.50 per cent were rated as having sustained a loss
of earning power of 50 to 75 per cent, and in 1908 this proportion
had been reduced to 0.12 per cent; in 1905, 0.48 per cent were rated
as having sustained a loss of earning power of 75 to 100 per cent, and
in 1908 this had been reduced to 0.11 per cent. Approximately 44
per cent of the persons granted pensions in 1904 had therefore
entirely recovered at the end of the year 1908.
A comparison of the improvement in the character of the disability
sustained by the pensioners of 1896 with the pensioners of 1904 shows
INDUSTRIAL ACCIDENTS IN GERMANY, 1891 AND 1901.
67
a marked decrease in the proportion of deaths, of total permanent
disablements, and of partial permanent disablements; the propor
tion of those entirely recovering their earning power in the second of
these two periods is much greater than was the case in the first.
Part of this improvement just mentioned is of course due to the
inclusion of a larger number of temporary disablements among those
granted compensation in the later of the two periods; part of it
must also be regarded as due to the elaborate medical and other
treatment provided by the accident associations in their effort to
restore the earning power of those injured by accident in the course
of their employment.
Taking up first the accidents resulting in death, the marine-navi
gation industry (association 63) had 418 persons granted pensions in
1904; of this number 22.49 per cent died in the course of the year
1905, and there were no additional deaths during the following three
years. The fatal-accident rate of this association is similar to that of
the inland navigation associations (60-62), which, in 1904, had 756
persons granted pensions; of this number 21.30 per cent died during
the course of the year 1905, and this proportion had increased to
22.35 per cent in the year 1908. The industry group private railways
(association 56) had 135 persons granted pensions in the year 1904;
of this number 18.52 per cent died in the course of the year 1905,
and during the period 1905 to 1908 increased to 20 per cent. The
chimney-sweeping industry (association 42) had 29 persons granted
pensions in the year 1904; of thife number 13.79 per cent died in the
course of the year 1905, and there were no additional deaths during
the period. The industry of livery, drayage, cartage, etc. (associ
ation 59), had 1,835 persons granted pensions in the year 1904; of
this number 12.15 per cent died in the course of the year 1905 and
12.59 per cent in the course of the four-year period ending with 1908.
The five industry groups mentioned had the highest fatal-accident
rates of those included in the table.
Taking up the cases of total permanent disability the industry
group with the highest rate is that of chimney sweeping (association
42). In 1904 this industry had 29 persons granted pensions on
account of industrial accidents, and of this number 3.45 per cent were
rated as having sustained total permanent disability in 1905; in 1908
this proportion had been increased to 6.90 per cent. The industry
group with the second highest proportion of total permanent disable
ment is that of street and small railways (association 57); this group
had 406 persons granted pensions in the year 1904, and of this num
ber 4.68 per cent had sustained injuries causing total permanent dis
ability, and during the period this proportion had been reduced to
4.44 per cent. The industry group with the third highest proportion
68
BULLETIN OF THE BUREAU OF LABOR.
of total permanent disablement is that of private railways (associa
tion 56), which had 135 persons granted pensions in the year 1904; of
this number 2.22 per cent were rated as having sustained total per
manent disability in 1905, and this proportion had increased during the
period to 4.44 per cent. The industry group with the fourth highest
proportion of total permanent disablement, is that of pottery (asso
ciation 16) which had 272 persons granted pensions in the year 1904;
of this number 1.47 per cent were rated as having sustained total per
manent disability in the year 1905, and in the year 1908 this pro
portion had increased to 1.84 per cent. The industry group with
the fifth highest proportion of total permanent disablement is that
of engineering, excavating, etc. (association 64), which had 2,001
persons granted pensions in the year 1904; of this number 1.30 per
cent were rated as having sustained total permanent disablement
in the year 1905, and in 1908 this proportion had been increased
to 1.55.
The industry group with the highest proportion of partial perma
nent disablement is that of metal working (associations 12, 13), which
in 1904 had 1,116 persons granted pensions; of this number 79.30 per
cent were rated in 1905 as having sustained partial permanent disability,
and in the year 1908 this proportion had been reduced to 69.44 per
cent. This 69.44 per cent was composed of 57.70 per cent who had
sustained a loss of earning power of less than 25 per cent, 9.05 per
cent with a loss of earning power of 25 to 50 per cent, 2.15 per cent
with a loss of earning power of 50 to 75 per cent, and 0.54 per cent with
a loss of earning power of 75 to 100 per cent. The industry group
with the second highest proportion of partial permanent disablement
is that of paper products (association 29), which in 1904 had 398
persons granted pensions; of this number 54.27 per cent were rated
as having sustained partial permanent disablement in the year 1905,
and this proportion increased in the years 1906 and 1907, but in the
year 1908 was also 54.27 per cent; this 54.27 per cent was composed of
40.20 per cent who had sustained a loss of earning power of less than
25 per cent, 9.80 per cent with 25 to 50 per cent loss of earning power,
3.01'per cent with a loss of earning power of 50 to 75 per cent, and
1.26 per cent with a loss of earning power of 75 to 100 per cent. The
industry group with the third highest proportion of partial permanent
disablement is that of clothing (association 41), which in 1904 had
640 persons granted pensions; of this number 72.97 per cent were
rated in the year 1905 as having sustained partial disablement, and in
the year 1908 this proportion had been reduced to 54.22 per cent;
this 54.22 per cent is composed of 35.47 per cent who had sustained a
loss of earning power of less than 25 per cent, 11.09 per cent with a
loss of earning power of 25 to 50 per cent, 5.16 per cent with a loss of
INDUSTRIAL* ACCIDENTS IN GERMANY, 1897 AND 1907.
69
earning power of 50 to 75 per cent, and 2.50 per cent with a loss of
earning power of 75 to 100 per cent. The industry group with the
fourth highest proportion of partial permanent disablement is that
of linen (association 20), which in 1904 had 242 persons granted
pensions; of this number 49.17 per cent were rated in 1905 as having
sustained partial permanent disablement, and in 1908 this proportion
had been increased to 54.13 per cent; this 54.13 per cent was com
posed of 33.88 per cent with a loss of earning power of less than 25
per cent, 13.22 per cent with a loss of earning power of 25 to 50 per
cent, 6.20 per cent with a loss of earning power of 50 to 75 per cent,
and 0.83 per cent with a loss of earning power of 75 to 100 per cent.
The industry group with the fifth highest proportion of partial per
manent disablement is that of leather (association 30) which in 1904
had 455 persons granted pensions; of this number 65.28 per cent
were rated in 1905 as having sustained partial permanent disable
ment, and in 1908 thi§ proportion had been reduced to 52.75 per
cent; this 52.75 per cent was composed of 32.75 per cent who had
sustained a loss of earning power Of less than 25 per cent, 13.63 per
cent with a loss of earning power of 25 to 50 per cent, 4.83 per cent
with a loss of earning power of 50 to 75 per cent, and 1.54 per cent
with a loss of earning power of 75 to 100 per cent. This industry
group of leather shows a marked decrease in the proportion of those
rated as having sustained a loss of earning power of 75 to 100 per
cent in the four years included in the table.
The industry group with the highest proportion of those sustaining
temporary disablement is that of blacksmithing, etc. (association 66),
which in 1904 had 1,283 persons*granted pensions; of this number
81.84 per cent were rated as having sustained temporary disability in
1905, and in 1908 this percentage had been changed to 79.27 per cent;
this 79.27 per cent, however, is composed of 63.68 per cent who had
sustained no loss of earning power (in other words, who had entirely
recovered during the following year) together with 14.19 per cent with
a loss of earning power of under 25 per cent, 1.09 per cent with a loss
of earning power of 25 to 50 per cent, 0.08 per cent with a loss of
earning power of 50 to 75 per cent, and 0.23 per cent with a loss of
earning power of 75 to 100 per cent. The four other groups with the
highest proportions of temporary disablements are those of meat
products (association 65), brick and tile making (association 17),
livery, drayage, cartage, etc. (association 59), and silk (association
27). In each of these groups practically the same distribution of
disabilities is found; there is a high proportion of persons sustaining
no loss of earning power (that is, who have entirely recovered) at
the end of the fifth year, and of those who have sustained the
various degrees of loss of earning power the greatest number are
contained in the group of slight disabilities.
70
BULLETIN OF THE BUREAU OF LABOR.
T a b le 13.—RESULT OF THE INJURIES: PER CENT OF PERSONS KILLED OR INJURED
WHO W ERE COMPENSATED FOR THE FIRST TIME IN 1896 AND 1904, B Y RESULT OF
INJURY AND B Y INDUSTRY GROUPS.
Source: Amtliche Nachrichten des Reichs-Versicherungsamts, 1910. I Beiheft. I l l Teil. Gewerbe-Unfallstatistik fOr das Jahr 1907, pp. 5 to 153.]
I ndustrial A ccident A ssociations.*
Per cent of injured persons whose injuries resulted in—
Partial permanent disability.
Year and number of
cases.
Temporary disability.
Total With loss of earning
per
With loss of earning power of—
power of—
Death ma
nent
disa
Total.
Un 25 to 50 to 75 to Total.
bility. Un 25 to 50 to 75 to
der 25 50 per 75 per 100
No der 25 50
per 75 per 100
per
per
loss. per cent. cent. per
cent. cent. cent. cent.
cent.
cent.
18 96.
38,538 cases:
1897.....................
1898.....................
1899.....................
1900.....................
10.48
10.74
10.89
11.02
1.54
1.37
1.46
1.48
7.63
7.81
7.96
8.06
.93
.80
.78
.81
31.08
30.80
30.77
30.34
14.34
13.07
12.46
12.12
5.18
4.70
4.42
4.33
1.95
1.29
.98
.90
52.55
49.86
48.63
47.69
20.82 11.18
28.37 7.82
32.68 5.32
35.09 3.98
2.59
1.43
.78
.56
0.43
.21
.08
.06
0.41
.20
.16
.12
35.43
38.03
39.02
39.81
25.90 12.74
25.38 10.97
24.60 10.07
24.17 9.27
3.80
3.48
3.18
3.01
1.83
1.29
1.15
.95
44.27
41.12
39.00
37.40
22.59 19.67
33.59 14.14
39.97 10.59
44.37 8.15
3.93
2.14
1.39
.98
.50
.23
.16
.12
.48
.17
.15
.11
47.17
50.27
52.26
53.73
1904.
65,205 cases:
1905.....................
1906.....................
1907.....................
1908.....................
A g r ic u l t u r a l A c cid e n t A sso c iatio n s (d a ta for 22 associations).
1896*
17,537 cases:
1897.....................
1898.....................
1899.....................
1900.....................
6.24
6.65
6.82
6.89
2.18
1.44
1.34
1.31
30.59
29.13
28.89
28.15
18.65
17.21
14.03
14.19
6.09
5.17
3.85
3.53
1.93
1.49
1.16
1.08
57.26
53.00
47.93
46.95
14.58 14.47
29.33 7.32
37.82 4.84
41.97 2.35
4.25
1.81
1.04
.37
0.67
.27
.17
.13
0.35
.18
.04
.03
34.32
38.91
43.91
44.85
4.87
5.01
5.18
5.28
1.06
.83
.93
.81
25.62 16.02
25.89 12.28
25.50 10.78
25.10 9.88
4.34
3.18
2.76
2.64
2.08
1.42
1.08
1.05
48.06
42.77
40.12
38.67
17.02 21.86
34.87 13.74
45.13 6.98
50.00 4.47
6.12
2.28
1.33
.67
.68
.40
.23
.09
.33
.10
.10
.01
46.01
51.39
53.77
55.24
1904.
26,920 cases:
1905.....................
1906.....................
1907.....................
1908.....................
M in in g (association 1).
18 96.
5,385 cases:
1897.....................
1898.....................
1899.....................
1900.....................
118.11
18.31
18.49
18.63
1.36
1.54
1.69
1.78
11.90
12.12
12.24
12.30
.73
.78
.80
.85
20.78
23.10
25.50
25.92
12.68
12.03
11.74
11.85
5.03
4.72
4.42
4.34
2.23
1.17
.83
.71
40.72
41.02
42.49
42.82
23.34 11.22
30.19 6.15
32.74 3.12
34.11 1.78
4.59
2.19
1.15
.67
0.48
.43
.23
.13
0.18
.17
.09
.08
39.81
39.13
37.33
36.77
19.90 11.35
21.17 9.98
22 02 9.16
22.48 8.51
3.90
3.52
3.19
3.14
1.67
1.32
1.28
1.06
36.82
35.99
35.65
35.19
22.84 21.29
32.10 15.66
37.44 11.56
42.18 7.91
5.66
3.13
2.11
1.45
.32
.15
.11
.08
.44
.07
.09
.04
50.55
51.11
51.31
51.66
1904.
9,931 cases:
1905.....................
1906.....................
1907.....................
1908.....................
* Not including institutes.
71
INDUSTRIAL ACCIDENTS. IN GERMANY, 1897 AND 1907.
T able 13.—RESULT OF THE INJURIES: PER CENT OF PERSONS KILLED OR INJURED
WHO W ERE COMPENSATED FOR THE FIRST TIME IN 1896 AND 1904, B Y RESULT OF
INJURY AND B Y INDUSTRY GROUPS—Continued.
Quarrying (association 2).
Per cent of injured persons whose injuries resulted in—
Partial permanent disability.
Year and number of
cases.
Temporary disability.
Total
With loss of earning
per
With loss of earning power of—
power of—
ma
Death nent
disa
Total.
Un
to Total.
bility. Un 25 to 50 to 75 to
to 50 to 75
der 25 50 per 75 per 100
No der 25 25per
100
75 per per
per cent. cent. per
loss. per 50
cent.
cent.
cent. cent. cent. cent.
1896.
1,332 cases:
1897.....................
1898.....................
1899.....................
1900.....................
12.69
12.76
12.99
13.14
1.05
1.13
1.35
1.13
2,347 cases:
1905..................... 9.72
1906..................... 9.93
1907..................... 10.05
1908..................... 10.06
.85
.68
.60
.55
19.89
15.24
14.79
13.59
5.71
6.16
5.26
5.18
2.40
1.35
.90
1.05
51.35
43.54
41.52
39.79
23.05 9.61
30.71 10.51
33.86 9.31
36.04 8.93
2.03
1.28
.90
.90
0.22
.07
.07
.07
16.70 13.34
15.64 11.80
15.72 9.97
14.74 9.54
4.43
3.88
3.54
3.41
2.81
2.13
1.92
1.62
37.28
33.45
31.15
29.31
22.37
34.55
40.65
45.34
25.18
18.49
15.04
12.87
3.75
2.39
2.09
1.53
.51
.30
.21
.17
23.35
20.79
20.57
19.97
34.91
42.57
44.14
45.94
1904.
0.34
.21
.21
.17
52.15
55.94
58.20
60.08
F ine Mechanical P roducts (association 3).
18 96.
444 cases:
1897.....................
1898.....................
1899.....................
1900.....................
5.40
5.40
5.40
5.41
1.13
.90
.90
1.35
63.97
61.04
58.34
55.18
14.64
12.61
11.71
11.26
3.60
2.93
2.70
2.48
0.90
.90
.90
.45
83.11
77.48
73.65
69.37
10.36
16.22
20.05
23.87
10.36
16.22
20.05
23.87
3.51
3.79
3.79
3.89
1.39
.93
.74
.55
56.34 14.25
47.64 11.29
43.48 9.16
40.89 7.86
2.59
2.41
2.50
2.50
.92
.92
1.01
1.02
74.10
62.26
56.15
52.27
21.00
33.02
39.32
43.29
21.00
33.02
39.32
43.29
19 04.
1,081 cases:
1905.....................
1906.....................
1907.....................
1908.....................
I ron and Steel (associations 4-11 and 66).
1896.
6,065 cases:
1897.....................
1898.....................
1899.....................
1900.....................
6.18
6.32
6.38
6.49
1.07
1.09
1.12
1.14
39.56
37.28
37.35
34.83
15.61
14.56
14.23
13.27
4.24
3.91
4.01
3.50
0.91
.67
.53
.53
60.32
56.42
56.12
52.13
18.55 11.30
26.26 8.52
30.19 5.51
34.90 4.45
1.86
.91
.40
.68
0.36
.15
.03
.08
0.36
.33
.25
.13
32.43
36.17
36.38
40.24
5.21
5.34
5.52
5.60
1.44
1.01
.91
.88
34.39
31.44
28.85
26.74
13.92
11.72
10.85
10.09
3.26
3.11
2.89
2.75
1.17
.89
.83
.72
52.74
47.16
43.42
40.30
22.39 15.32
32.27 12.59
39.39 9.70
44.01 8.52
2.28
1.29
.87
.53
.30
.16
.06
.07
.32
.18
.13
.09
40.61
46.49
50.15
53.22
1904.
12,673 cases:
1905.............. .
1906.....................
1907.....................
1908.....................
72
BULLETIN OF THE BUREAU OF LABOR.
T ab le 13.—RESULT OF THE INJURIES: PER CENT OF PERSONS KILLED OR INJURED
WHO W ER E COMPENSATED FOR THE FIRST TIME IN 1896 AND 1904, B Y RESULT OF
INJURY AND B Y INDUSTRY GROUPS-Continued.
M etal W orking (associations 12 and 13).
Per cent of injured persons whose injuries resulted in—
Temporary disability.
Partial permanent disability.
Year and number of
cases.
Total
With loss of earning
per
With loss of earning power of—
power of—
Death ma
nent
disa
Total.
Un 25 to 50 to 75 to Total.
bility. Un 25 to 50 to 75 to
der 25 50 per 75 per 100
100
No der 25 50
per 75 per per
per
per
loss. per cent.
cent. cent.
cent. cent. cent. cent.
cent.
1896.
488 cases:
1897.....................
1898.....................
1899.....................
1900.....................
13.73
12.91
11.89
10.86
3.89
3.89
3.89
4.10
1.23
1.03
.82
.41
62.99 13.17
53.85 11.74
55.11 10.66
57.70 9.05
2.60
2.51
2.24
2.15
.54
.63
.72
.54
2.87
2.87
3.07
3.28
1.43 57.79
.82 52.05
.62]153.07
.62 51.84
2.06
2.15
2.60
2.60
1.97
1.34
.80
.81
76.64
69.88
69.67
67.21
......
......
7.17 7.38
6.56 15.16
6.56 14.96
8.81 14.75
0.41
.82
.82
.82
79.30 1.88 12.55
68.73 10.66 15.15
68.73 10.31 15.68
69.44 10.66 14.70
.18
.09
.09
.09
0.09
1.45
1.45
1.45
4.10
3.89
4.30
4.51
19.06
26.43
26.64
28.89
1.97
1.88
1.79
1.70
16.67
27.78
27.87
27.15
1904.
1,116 cases:
1905.....................
1906.....................
1907.....................
1908.....................
Musical I nstruments (association 14).
1896.
69 cases:
1897.....................
1 8 9 8 .................
1899.....................
1900.....................
2.90 2.90
2.90
2.90 **i.*45
2.90
2.90
2.90
2.90
2.90
71.01 5.80 13.04
63.77 24.64 5.79
60.87 24.64 7.24
63.77 26.09 5.79
2.90
1.45
1.45
1.45
34.48 14.48 4.14
37.93 13.10 •2.07
36.55 11.03 2.07
35.86 9.66 2.07
4.14 57.24 15.86 22.07
.69 53.79 24.83 17.93
49.65 35.17 11.73
47.59 42.07 6.89
2.07
44.92
36.23
34.78
34.78
23.19
24.64
23.19
26.09
23.19
33.33
34.78
33.33
1904.
145 cases:
1905.....................
1906.....................
1907.....................
1908.....................
2.07
2.07
2.07
2.07
.69
1.38
1.38
1.38
40.00
42.76
46.90
48.96
Glass (association 15).
1896.
206 cases:
1897.....................
1898.....................
1899.....................
1900.....................
6.80
6.80
6.79
6.31
0.97
1.46
1.46
2.43
32.04
41.26
27.67
38.35
13.11
18.44
12.13
14.56
5.82
4.37
3.40
3.40
6.31
1.46
1.46
.49
5.83
5.54
5.54
5.54
1.17
.29
.29
.58
20.70 16.62
23.62 11.08
22.45 9.91
21.28 8.75
2.92
2.33
1.46
1.17
.87
.58
.58
.58
57.28 3.40 19.90
65.53 18.93 4.37
44.66 34.47 9.22
56.80 33.49
.97
9.71
1.94
3.40
41.11
37.61
34.40
31.78
7.58
2.33
2.63
2.04
0.48
.97
1.46 34.95
26.21
47.09
34.46
1904.
343 cases:
1905.....................
1906.....................
1907.....................
1908.....................
15.16
37.61
45.19
48.40
26.82
16.33
11.95
11.66
.58 1.75 51.89
.29 ...... 56.56
59.77
62.10
73
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907,
T able 13.—RESULT OP THE INJURIES: PER CENT OP PERSONS KILLED OR INJURED
WHO WERE COMPENSATED FOR THE FIRST TIME IN 1896 AND 1904, BY RESULT OF
INJURY AND BY INDUSTRY GROUPS—Continued.
P ottery (association 16).
Per cent of injured persons whose injuries resulted in—
Temporary disability.
Partial permanent disability.
Year and number of
Total
With loss of earning
per
With loss of earning power of—
power of—
ma
Death nent
disa
Total.
Un 25 to
to Total.
bility. Un 25 to 50 to 75 to
50 to 75
No der 25 50
der 25 50 per 75 per 100
100
per
75
per
per
per
per
per
cent. cent. cent. cent.
cent. cent. cent. cent.
1896.
114 cases:
8.77
1897
....................
10.53
1898
....................
10.52
1899
....................
1900..........
10.53
35.09 .14.03
48.24 10.53
0.88 33.33 11.41
2.63 35.96 9.65
4.39
2.63
2.63
2.63
5.26 58.77 16.67
61.40 28.07
3.51 50.88 34.21
3.51 51.75 26.32
19.85
15.44
12.87
13.24
6.25
4.78
4.41
2.94
2.21
1.84
1.10
1.47
1.75
7.90
2.63
7.
.88
53.68 18.01 16.18
52.57 23.53 13.97
48.90
11.40
48.16 30.51 12.87
3.31
1.75 32.46
28.07
37.72
35.09
1904.
272 cases:
1905
1906
1907
1908
....................
4.78
....................
4.78
....................
4.78
....................
4.78
1.47
1.84
2.20
1.84
25.37
30.51
30.52
30.51
1.10 40.07
40.81
44.12
45.22
B r ic k and T ile Making (association 17).
1896.
938 cases:
1897......................
1898.....................
1899
........
1900
........
10.13
10.23
10.23
10.24
1.28 21.00 15.03
1.17 21.11 13.01
1.39 20.79 13.64
1.28 23.35 13.22
8.21
7.25
6.72
6.93
2.56
1.17
.85
.74
46.80
42.54
42.00
44.24
22.28 15.25
32.62 11.20
37.53 7.57
39.34 3.73
3.62
2.13
1.17
1.17
0.21 0.43
.11.........
9.14
7.29
3.94
3.29
1.13
1.08
.90
.54
.n
!
41.79
46.06
46.38
44.24
1904.
1,673 cases:
1905......................
1906......................
1907.....................
1908.....................
9.32
8.43
10.16
9.44
9.51 ” .'i2 11.24
9.62
.24 12.01
7.11
6.64
6.75
6.81
4.43
3.89
3.47
3.59
2.21
22.18 27.26
1.67 22.36 33.89
1.37 22.83 45.61
1.02 23.43 48.83
C h e m ic a l s (association 18).
30.07
25.46
16.79
13.81
.90 68.50
.48 68.20
.30 67.54
.24 06.71
74
BULLETIN OF THE BUREAU OF LABOR.
T able 13.—RESULT OF THE INJURIES: PER CENT OF PERSONS KILLED OR INJURED
WHO W ERE COMPENSATED FOR THE FIRST TIME IN 1896 AND 1904, BY RESULT OF
INJURY AND BY INDUSTRY GROUPS-Continued.
Gas
and
W ater W orks (association 19).
Per cent of injured persons whose injuries resulted in—
Temporary disability.
Partial permanent disability.
Year and number of
Total
With loss of earning
With loss of earning power of—
per
power of—
ma
Death nent
disa
Total.
Un 25 to 50 to 75 to Total.
bility, Un 25 to 50 to 75 to
der 25 50
100
der 25 50 per 75 per 100
per 75 per per
per
per
per
cent. cent. cent. cent.
cent. cent. cent. cent.
18 9 6 .
178 cases:
1897
1898
1899
1900
.
1.
12.36
....................
12.92
....................
....................
14.05
....................
14.61
1.68
2.25
2.81
2.25
34.27
34.27
32.02
30.90
20.79
17.98
15.73
16.29
8.99
6.18
5.06
5.06
64.61 56
0.
60.11
1
1.12 53.93
....................
9.38
....................
9.90
10.16
....................
10.42
....................
1.30
1.04
1.04
.78
17.19
20.05
26.56
35.42
13.80
13.28
12.50
11.20
4.17
3.39
3.13
3.12
3.12
2.86
2.60
21.35
24.72
29.21
29.21
1.69
1.12
.56
1904.
384 cases:
1905
1906
1907
1908
25.00
19.79
9.90
38.28
39.84
45.05
52.60
3.38
1.04
.26
51.04
0.26
.26 ......... 49.22
43.75
36.20
L i n e n (association 20).
1 8 96.
168 cases:
1897.....................
1898.....................
1899.....................
1900.....................
2.98
3.57
3.57
4.17
1.19
1.19
1.19
.59
45.24
49.40
47.62
48.81
17.26 10.12
15.48 8.93
15.48 8.33
14.88 8.33
0.59
.60
.59
.60
73.21
74.41
72.02
72.62
0.60
14.29 7.14 0.59
19.64 .595 .595
21.43 1.79
......... .........
22.62
22.62
20.83
23.22
22.62
2.48
2.89
2.89
2.89
.41
.41
1.24
1.24
24.79
26.45
31.82
33.88
15.29
14.46
14.46
13.22
7.44
5.78
6.20
6.20
1.65
2.07
.83
.83
49.17
48.76
53.31
54.13
15.29 29.34
26.86 20.25
33.06 9.50
36.37 5.37
47.94
47.94
42.56
41.74
19 04.
242 cases:
1905.....................
1906.....................
1907.....................
1908.....................
3.31
.803
Silk (association 27).
18 96.
63 cases:
1897.....................
1898.....................
1899.....................
1900......................
4.76
4.76
4.76
4.76
55.55
52.38
44.44
47.62
11.11
12.70
12 70
12.70
7.94
6.35
6.35
6.35
74.60
71.43
63.49
66.67
12.70
19.05
25.40
28.57
7.94
4.76
6.35
1.04
1.04
1.04
1.04 .........
31.25
23.96
22.92
22.92
13.54
13.54
14.58
10.42
1.04
1.04
2.08
2.08
45.83
38.54
39.58
35.42
33.34
35.42
41.67
47.92
19.79
19.79
14.59
11.46
20.64
23.81
31.75
28.57
19 04.
96 cases:
1905.....................
1906.....................
1907.....................
1908.....................
1.04
1.04
3.12
1.04
53.13
3.13 60.42
2.08 59.38
1.04 63.54
75
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907.
T able 13.—RESULT OF THE INJURIES: PER CENT OF PERSONS KILLED OR INJURED
WHO WERE COMPENSATED FOR THE FIRST TIME IN 1896 AND 1904, B Y RESULT OF
INJURY AND B Y INDUSTRY GROUPS—Continued.
T extiles, including L inen and Silk (associations 20-27).
Per cent of injured persons whose injuries resulted in—
Partial permanent disability.
Year and number of
cases.
Temporary disability.
Total
With loss of earning
per
With loss of earning power of—
power of—
ma
Death nent
disa
Total.
Un 25 to 50 to 75 to Total.
bility. Un 25 to 50 to 75 to
No der 25 50
der 25 50 per 75 per 100
100
per 75 per per
per
per
loss. per cent.
cent. cent.
cent.
cent. cent. cent. cent.
1896.
2,166 cases:
1897.....................
1898.....................
1899.....................
1900.....................
4.15
4.39
4.36
4.41
1.62
1.43
1.45
1.45
48.57
47.76
47.12
46.71
14.36
13.39
12.31
11.58
6.93
6.79
6.64
6.54
1.38
.97
.86
.82
71.24
68.91
66.93
65.65
14.54
21.02
23.13
25.03
7.16
3.79
3.86
3.18
0.69
.46
.27
.23
.74 33.36
- 74|[ 33,85
.74 33.61
.86 33.81
14.69
13.27
12.44
11.46
6.43
5.73
5.65
5.49
1.15
.94
.78
.65
55.63
53.79
52.48
51.41
19.81 18.34
27.59 12.61
33.16 8.76
36.72 6.18
.94
.49
.16
.25
.04
.08
0.09
......
0.51 22.99
25.27
27.26
.05 28.49
1904.
2,443 cases:
1905.....................
1906.....................
1907.....................
1908......................
4.21
4.50
4.50
4.54
.29
.20
.20
.04
39.42
40.97
42.28
43.19
P aper Making (association 28).
1896.
496 cases:
1897.....................
1898.....................
1899.....................
1900.....................
1
1
10.89
10.89
10.89
10.89
1.81
1.21
1.21
1.41
43.75
41.73
43.55
44.56
15.52 j
13.10!
12.301
1
12.70
8.47
8.47
8.06
7.66
1.21
1.21
1.01
.81
68.95
64.51
64.92
65.73
10.08
18.15
17.74
20.96
5.85
4.84
4.44
1.01
1.41
.40
.60
0.61
5.82
5.82
5.95
6.09
1.35
1.49
1.35
1.35
24.76
21.92
22.33
24.36
12.59
10.15
10.02
10.01
5.41
5.14
5.68
4.76
1.90
.95
.54
.54
44.66
38.16
38.57
39.65
21.24 22.87
33.02 17.18
43.71 8.39
47.50 4.06
3.25
3.52
1.76
1.08
.68
.68
.27
.27
0.40 18.35
23.39
.20 22.98
21.97
1904.
739 cases:
1905.....................
1906.....................
1907.....................
1908— ..............
P aper P roducts (association 29).
.13 48.17
54.53
54.13
52.91
.13
......
76
BULLETIN OF THE BUREAU OF LABOR,
T a b le 13.—RESULT OF THE INJURIES: PER CENT OF PERSONS KILLED OR INJURED
WHO W ERE COMPENSATED FOR THE FIRST TIME IN 1896 AND 1904, BY RESULT OF
INJURY AND BY INDUSTRY GROUPS—Continued.
L eatheb (association 30).
Per cent of injured persons whose injuries resulted in—
Partial, permanent disability.
Year and number of
cases.
1896.
260 cases:
1897....................
1898....................
1899
........
1900
........
1904.
455 cases:
1905....................
1906...................
1907....................
1908....................
Temporary disability.
Total With loss of earning
per
With loss of earning power of—
power of—
ma
Death nent
disa
Total.
Total.
Un 25 to 50 to 75 to
bility. Un 25 to 50 to 75 to
der 25 50 per 75 per 100
No der 25 50
100
75
per
per
per
per
loss. per cent. cent. per
cent.
cent.
cent. cent. cent. cent.
7.31
7.31
7.31
8.08
1.54
1.54
1.54
1.15
48.08
44.23
41.92
41.54
12.69
11.54
10.39
9.23
10.77
8.08
8.08
8.08
1.15
1.15
1.15
1.15
72.69
65.00
61.54
60.00
8.46
21.92
11.92
26.92
8.08 0.77
1.15 18.46
2.69
0.39 1.15 26.15
13.46 1.54 .38 2.31 29.61
3.08 .77
30.77
6.15
6.37
6.81
7.03
2.42
.44
1.32
1.10
35.17
36.70
33.85
32.75
16.92
15.16
14.73
13.63
5.28
4.84
5.05
4.83
7.91
3.74
2.20
1.54
65.28
60.44
55.83
52.75
4.61
24.84
29.89
34.07
14.07 4.17
3.30 26.15
7.03 .44 .22 .22 32.75
5.27 .44 .22 .22 36.04
4.17 .44 .22 .22 39.12
W oodworking (associations 31-34).
1896.
2,727 cases:
1897...................
1898....................
1899
........
1900
........
1904.
4,479 cases:
1905....................
1906....................
1907....................
1908...................
4.66
4.69
4.88
4.95
0.66
.59
.55
.59
40.41
39.57
41.77
37.95
15.40
12.95
13.24
11.85
4.88
4.25
4.14
3.92
1.21
.62
.55
.48
61.90
57.39
59.70
54.20
20.57
27.72
31.32
34.29
11.04
8.33
3.48
5.46
0.95 0.11 ........
0.11
1.06 .22
.07
.51
32.78
37.33
34.87
40.26
3.89
3.91
4.09
4.11
.09
.07
.11
.11
27.48
27.01
26.46
26.21
12.90
10.94
9.56
8.66
3.62
2.95
2.63
2.53
1.14
.78
.71
.69
45.14
41.68
39.36
38.09
24.02
35.72
41.86
45.68
23.33
16.41
12.73
10.36
3.21
1.99
1.58
1.45
50.88
54.34
56.44
57.69
.16
.15
.20
.13
.16
.07
.07
.07
F lour Milling (association 35).
1896.
949 cases:
1897....................
1898...................
1899....................
1900....................
1904.
1,089 cases:
1905...................
1906...................
1907...................
1908....................
10.64
10.85
11.17
11.17
1.27
.74
1.37
1.27
22.65
24.66
23.92
19.28
14.75
14.12
13.59
13.49
6.01
4.74
4.85
8.22
3.06
1.79
.53
1.79
46.47
45.31
42.89
42.78
25.92
29.40
34.56
37.62
14.44 1.26
____
12.75
9.90 .11
6.95 .21
41.62
43.10
44.57
44.78
8.08
8.26
8.45
8.63
.37
.28
.27
.28
13.04
13.96
14.78
15.89
15.24
13.59
11.57
9.92
4.50
3.77
3.31
3.30
1.75
1.19
1.29
.55
34.53
32.51
30.95
29.66
24.06
36.91
42.88
49.77
31.31 1.65
21.03 1. 01'........
16.35 1.10........
11.39
57.02
58.95
60.33
61.43
■1........
77
INDUSTRIAL. ACCIDENTS IN GERMANY, 1897 AND 1907.
T able 13.—RESULT OF THE INJURIES: PER CENT OF PERSONS KILLED OR INJURED
WHO WERE COMPENSATED FOR THE FIRST TIME IN 1896 AND 1904, B Y RESULT OF
INJURY AND BY INDUSTRY GROUPS-Continued.
F ood P roducts (association 36).
Per cent of injured persons whose injuries resulted in—
Temporary disability.
Partial permanent disability.
Year and number of
cases.
Total
With loss of earning
per
With loss of earning power of—
power of—
ma
Death nent
Total.
disa
Un 25 to 50 to 75 to Total.
bility. Un 25 to 50 to 75 to
der 25 50 per 75 per 100
No der 25 50
100
per 75 per per
per
per
per
cent. cent. cent. cent.
cent. cent. cent. cent.
1896.
450 cases:
1897.....................
1898.....................
1899.....................
1900.....................
4.00
4.00
4.00
4.00
2.22
1.11
.89
.89
33.78 12.67
34.89 10.44
31.78 8.89
32.89 8.89
3.55
4.00
4.66
4.00
1.78
1.11
1.11
1.11
51.78
50.44
46.44
46.89
32.00
36.67
44.89
46.00
9.78
7.78
3.78
2.22
0.22
42.00
44.45
48.67
48.22
3.70
4.48
4.48
4.68
.58
.39
.59
.78
33.72 14.43
30.60 12.48
28.46 11.30
29.82 9.94
3.70
3.12
3.12
2.92
2.15
1.75
1.56
.98
54.00
47.95
44.44
43.66
22.22 18.91
.59
.20
41.72
47.18
50.49
50.88
1904*
513 cases:
1905.....................
1906.....................
1907.....................
1908.....................
36.46 10.53
43.28 7.21
48.93 1.95
Sugar (association 37).
1896.
509 cases:
1897.....................
1898.....................
1899.....................
1900.....................
10.41
10.41
10.41
10.41
1.37
1.77
.39
1.57
15.52
13.36
13.56
14.15
4.91
4.91
4.52
4.52
1.18
1.18
2.36
.98
67.98
61.30
60.12
54.62
47.82 16.42
40.33 12.27
36.17 10.81
33.26 97.7
3.95
4.16
4.37
3.54
2.91
2.08
1.25
1.04
71.10 8.11 10.60
58.84 25.78 6.44
52.60 32.22 5.40
47.61 37.63 5.82
46.37
41.85
39.68
34.97
19.06
25.74
28.88
32.81
.78
0.20
’ .*59
20.24
26.52
......... 29.08
33.40
1904.
481 cases:
1905.....................
1906.....................
1907.....................
1908.....................
.21
8.73
8.94
8.94 .......
8.94 .........
.42
0.42 19.96
32.22
.42 38.46
43.45
.83
D airying, D istilling, and Starch (association 38).
1896.
359 cases:
1897.....................
1898.....................
1899.....................
1900.....................
8.91
8.91
8.91
9.19
1.12
.84
.84
.28
6.67
7.22
7.22
7.22
.83
.83
.28
.28
39.28 12.26
35.93 10.31
35.65 8.91
35.38 8.91
5.29
5.85
5.57
5.85
0.83
1.11
.84
.84
57.66
53.20
50.97
50.98
23.40
30.64
33.71
34.26
8.35
5.85
5.29
4.73
0.56
.56
.28
.56
32.31
37.05
39.28
39.55
38.05
38.33
31.95
28.61
4.17
3.89
3.61
3.61
4.44
1.67
1.67
1.39
61.94
56.11
49.17
45.00
15.00 15.00
24.17 11.39
34.72 8.33
40.00 7.22
.56
.28
.28
.28
30.56
35.84
43.33
47.50
1904.
360 cases:
1905.....................
1906.....................
.1907.....................
1908.....................
85048°—Bull. 92—11---- 6
15.28
12.22
11.94
11.39
78
BULLETIN OF THE BUREAU OF LABOR..
T able 13.—RESULT OF THE INJURIES: PER CENT OF PERSONS KILLED OR INJURED
WHO WERE COMPENSATED FOR THE FIRST TIME IN 1896 AND 1904, BY RESULT OF
INJURY AND BY INDUSTRY GROUPS—Continued.
B rewing
and
Malting (association 39).
Per cent of injured persons whose injuries resulted in—
i
Partial permanent disability.
Year and number of
cases.
Temporary disability.
Total
With loss of earning
per
With loss of earning power of—
.power of—
ma
Death nent
disa
Total.
Un 25 to 50 to 75 to Total.
bility. Un 25 to 50 to 75 to
100
der 25 50 per 75 per 100
No der 26 50 per 75
per per
per
per
loss. per cent, cent.
cent.
cent.
cent. cent. cent. cent.
1896.
1,028 cases:
1897.....................
1898.....................
1899.....................
1900.....................
8.66
9.82
9.92
10.12
5.83
1.75
2.24
2.14
31.03
31.23
29.38
27.34
17.32
14.11
12.74
12.35
5.25
5.35
4.87
4.77
2.14
1.26
.68
.58
55.74
51.95
47.67
45.04
16.25 11.67
31.23 4.96
36.28 3.50
38.23 4.28
1.36
.29
7.98
8.35
8.47
8.90
1.66
1.35
.92
.80
28.42 14.43
27.93 10.87
22.28 9.09
19.46 7.61
3.50
2.88
2.39
2.33
1.29
.68
.80
.68
47.64
42.36
34.56
30.08
25.84 15.41
38.30 9.15
46.35 8.96
51.26 8.41
1.47
0.49 29.77
36.48
40.17
42.70
.19
1904.
1,629 cases:
1905.....................
1906.....................
1907.....................
1908.....................
42.72
47.94
.74
56.05
.55 ......... ......... 60.22
T o b a c c o (a ssocia tion 40).
1896.
52 cases:
1897.....................
1898.....................
1899.....................
1900.....................
7.69
7.69
7.69
7.69
3.85
3.85
3.85
1.92
48.08
50.00
46.15
48.08
30.77
21.16
19.23
19.23
1.92
3.85
1.92
5.06
6.33
6.33
6.33
1.27
1.27
1.26
1.26
25.32
22.78
31.65
29.11
13.92
15.19
13.92
12.66
8.86
6.33
7.60
8.86
78.85 5.77
73.08 15.38
69.23 19.23
69.23 21.16
1.92
1.92
9.61
15.38
19.23
21.16
1904.
79 cases:
1905.....................
1906-....................
1907.....................
1908......................
3.80
2.53
2.53
1.27
51.90
46.83
55.70
51.90
•
18.99 18.99 1.265 1.265
24.05 18.99 2.53
34.18 «.53
39.24 1.27
1.26 41.77
45.57
36.71
40.51
......
Clothing (association 41).
1896.
300 cases:
1897.....................
1898.....................
1899.....................
1900.....................
2.00
2.33
2.33
2.33
...
...
55.00 15.00
51.67 11.00
48.67 10.33
47.00 9.33
6.67
6.00
5.67
5.67
3.00
2.67
2.67
2.67
79.67 15.33
71.34 24.67
67.34 30.00
64.67 32.67
48.13
42.50
36.09
35.47
6.09
5.16
5.16
5.16
3.44
2.97
2.97
2.50
72.97 23.12
62.50 33.905
55.00 41.41
54.22 42.19
1.67
1.00
.33
.33
0.67
.33
0.33
.33
0.33 18.33
26.33
30.33
33.00
.16
24.06
34.53
41.88
42.50
1904.
640 cases:
1905.....................
1906.....................
1907.....................
1908.....................
2.97 ...
2.97
3.12
3.28 .........
15.31
11.87
10.78
11.09
.47
.47
.31
.155
.31
.155
.16
.155
79
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907,
TABLE 13.—RESULT OF THE INJURIES: PER CENT OF PERSONS KILLED OR INJURED '
WHO WERE COMPENSATED FOR THE FIRST TIME IN 1896 A^fD 1904, BY RESULT OF
INJURY AND BY INDUSTRY GROUPS—Continued.
Chimney Sweeping (association 42).
Per cent of injured persons whose injuries resulted in—
Partial permanent disability.
Year and number of
cases.
Temporary disability.
Total
With loss of earning
per
With loss of earning power of—
power of—
ma
Death nent
disa
Total.
Un 25 to 50 to 75 to Total.
bility. Un 25 to 50 to 75 to
der 25 50 per 75 per 100
No der 25 50
100
per 75 per per
per
per
loss. per cent.
cent. cent.
cent. cent. cent. cent.
cent.
1896.
30 cases:
1897..................... 23.33
1898..................... 23.33
1899..................... 23.33
1900..................... 23.33
26.67 23.33 10.00
26.67 23.33 10.00
16.67 3.33 10.00
13.34 3.33 10.00
3.33
3.33
63.33
63.33
30.00
26.67
13.34
13.34
46.67
50.00
13.34
13.34
46.67
50.00
1904.
29 cases:
1905.....................
1906.....................
1907.....................
1908.....................
13.79
13.79
13.79
13.79
3.45^
3.45
3.45
6 .^
27.59 20.69 3.445 3.445 55.17
24.14
17.24 6.90 10.34
34.48 48.28
17.24 3.45 10,35
31.04 51.72
27.58 6.90 3.45
37.93 41.38
... ...
3.45 27.59
48.28
51.72
41.38
B uilding T rades i (associations 43-54).
1896.
7,556 cases:
1897.....................
1898.....................
1899.....................
1900.....................
11.50
12.00
12.24
12.47
2.12
1.87
1.94
1.96
8.60
8.80
8.98
9.09
.94
.88
.95
.99
14.00
12.82
12.39
12.19
5.05
4.38
3.81
3.51
2.46
1.64
1.29
1.06
45.27
43.10
41.60
41.25
22.58 12.84
30.93 9.07
36.05 6.45
39.11 4.30
3.94
2.43
1.40
.69
0.90
.32
.17
.09
0.85
.28
.15
.13
41.11
43.03
44.22
44.32
19.59 11.83
20.94; 10.48
21.28, 10.23
21.041 9.37
1
3.72
3.61
3.05
2.84
2.05
1.48
1.30
1.06
37.19
36.51
35.86
34.31
23.38 20.74
35.89 13.86
41.77 10.11
46.53 7.47
6.80
3.40
1.84
1.22
1.33
.40
.30
.21
1.02
.26
.19
.18
53.27
53.81
54.21
55.61
23.76
24.26
24.11
24.49
1904.
10,385 cases:
1905.....................
1906.....................
1907.....................
1908.....................
P rinting and P ublishing (association 55).
1896.
206 cases:
1897
........
1898
........
1899
........
1900.....................
2.43
2.91
2.91
2.91
0.48
.49
.49
.49
38.35 15.05
38.83 12.14
35.92 13.59
36.41 12.62
5.34
4.85
4.85
4.85
1.94 60.68
1.46 57.28
1.46 55.82
1.46 55.34
25.81 15.805
23.87 14.84
21.94 14.84
22.26 14.20
3.87
4.52
4.19
2.58
3.87 49.355 11.935
1.61 44.84 26.77
1.29 42.26 34.52
1.61 40.65 38.71
17.47
22.33
25.25
26.21
17.48
15.05
13.59
13.11
1.46
1.94
1.94
1.94
30.00
20.65
17.74
15.81
5.48
4.85
3.23
2.58
36.41
39.32
40.78
41.26
1904.
310 cases:
1905.....................
1906.....................
1907.....................
1908.....................
1.29 . .....
1.61 ...
1.61 ...
1.61 .........
Not including institutes.
0.97
.64
.64
.64
0.97 49.355
.64 53.55
56.13
57.74
80
BULLETIN OF THE BUREAU OF LABOR.
T able 13.—RESULT OF THE INJURIES: PER CENT OF PERSONS KILLED OR INJURED
WHO WERE COMPENSATED FOR THE FIRST TIME IN 1896 AND 1904, BY RESULT OF
INJURY AND BY INDUSTRY GROUPS—Continued.
P rivate R ailways (association 56).
Per cent of injured persons whose injuries resulted in—
Partial permanent disability.
Year and number of
cases.
Temporary disability.
Total
With loss of earning
per
With loss of earning power of—
power of—
ma
Death nent
disa
Total.
Unto Total.
bility. Un 25 to 50 to 75 to
25 to 50 to 75
der 25 50 per 75 per 100
No
100
50
per
75
per
per
per
per
per
cent. cent. cent. cent.
cent. cent. cent. cent.
1896.
119 cases:
1897.....................
1898.....................
1899.....................
1900.....................
26.89
27.73
27.73
27.73
1.68
2.52
2.52
3.36
13.45
13.45
12.61
15.13
12.60
13.45
14.29
13.45
18.52
19.26
20.00
20.00
2.22
3.70
2.96
4.44
21.48
21.48
22.96
23.71
12.59
14.07
12.59
12.59
12.61
11.76
10.92
10.92
4.20
2.52
1.68
1.68
42.86
41.18
39.50
41.18
22.69
22.69
24.37
26.05
0.84 28.57
28.57
30.25
27.73
1904.
135 cases:
1905.....................
1906.....................
1907.....................
1908.....................
3.71 11.85 49.63 11.85
5.19 6.67 47.41 18.52 11.11
5.19 5.93 46.67 24.44 5.93
5.19 3.70 45.19 28.89
29.63
29.63
30.37
30.37
Street and Small R ailroads (association 57).
1896.
152 cases:
1897.....................
1898.....................
1899.....................
1900.....................
9.87
10.53
10.53
10.53
5.26
3.29
3.29
1.97
33.55
32.24
29.60
30.92
15.13
14.47
12.50
10.53
3.95
5.26
3.95
4.60
8.62
8.62
9.11
9.11
4.68
4.68
4.93
4.44
38.18
32.76
32.51
30.54
15.52
12.07
11.33
11.08
3.69
2.95
2.47
2.71
52.63 30.26
0.66 52.63 32.24
.66 46.71 37.50
.66 46.71 39.47
1.98
1.31
1.97
1.32
32.24
33.55
39.47
40.79
4.44
2.96
28.33
38.18
39.16
41.87
1904.
406 cases:
1905.....................
1906.....................
1907.....................
1908.....................
.98
.74
.49
.25
58.37
48.52 35.22
46.80 39.16
44.58 41.87
E xpress and Storage (association 58).
1896.
1,310 cases:
1897.....................
1898.....................
1899.....................
1900.....................
10.99
11.37
11.75
11.91
0.69
1.76
2.37
2.60
15.50 9.77
17.40 12.06
20.08 10.92
22.44 10.76
5.19
4.12
3.43
3.44
4.35
2.60
1.37
.84
34.81
36.18
35.80
37.48
28.02 19.31
35 50 13.66
40.15 9.09
43.20 '4.58
5.34
1.53
.84
.15
0.84
7.32
7.59
7.76
7.86
.75
1.09
1.10
1.06
15.45 14 36
20.20 12.62
21.13 10.77
20.17 9.61
3.56
3.18
2.77
2.57
2.87
1.23
.85
.92
36.24
37.23
35.52
33.27
28.48 25.98
40.51 13.54
47.01 8.58
51.52 6.29
1.20
.04
.03
.03
......
53.51
50.69
50.08
.08 ......... 48.01
1904.
2,925 cases:
1905.....................
1906.....................
1907....................
1908.....................
55.69
54.09
55.62
57.81
81
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907,
T able 13.—RESULT OF THE INJURIES: PER CENT OF PERSONS KILLED OR INJURED
WHO WERE COMPENSATED FOR THE FIRST TIME IN 1896 AND 1904, BY RESULT OF
INJURY AND BY INDUSTRY GROUPS—Continued.
L ivery , D rayage, Cartage,
etc.
(association 59).
Per cent of injured persons whose injuries resulted in—
Partial permanent disability.
Year and number of
cases.
Temporary disability.
Total
With loss of earning
per
With loss of earning power of—
power of—
ma
Death nent
disa
Total.
Total.
Un 25 to
bility. Un 25 to 50 to 75 to
50 to 75 to
der 25 50 per 75 per 100
No der 25 50
per 75 per 100
per
per
loss.
per
per
cent. cent. cent. cent.
cent. cent. cent. cent.
1896.
1,216 cases:
1897..................... 13.73
1898..................... 13.90
1899..................... 14.14
1900.................... 14.47
17.52
19.00
20.07
21.54
10.85
10.77
11.18
11.35
3.95
3.12
3.29
2.88
2.14
2.06
1.32
1.15
34.46
34.95
35.86
36.92
22.04 21.96
32.16 14.56
36.93 10.20
39.39 6.66
5.84
2.96
1.48
-99
1.07
.49
.08
.17
0.08
.08
.08
.08
50.99
50.25
48.77
47.29
.44 9.10
.54 10.90
.49 10.46
.38 11.23
9.21
8.50
7.90
6.87
3.27
3.38
2.89
2.61
2.62
1.91
1.91
1.63
24.20
24.69
23.16
22.34
22.51
34.99
42.34
47.19
9.43
5.12
3.60
2.73
1.14
.44
.27
.27
.54
.33
.22
.33
63.21
62.51
63.92
64.69
0.82
.90
1.23
1.32
1904.
1,835 cases:
1905.....................
1906.....................
1907.....................
1908.....................
12.15
12.26
12.43
12.59
29.59
21.63
17.49
14.17
I nland N avigation (associations 60-62).
1896.
571 cases:
1897.....................
1898.....................
1899.....................
1900.....................
31.52
32.05
32.40
32:40
0.88
.70
.53
.70
16.29
14.71
14.18
17.16
8.06
6.30
7.53
8.06
3.33
2.63
2.63
3.15
1.22
1.40
1.40
.88
28.90
25.04
25.74
29.25
21.02 13.13
24.87 11.21
32.40 6.13
28.90 6.48
2.80 1.05 0.70
.70
4.55 .88
2.45 .175 .175
1.75 .35
.17
38.70
42.21
41.33
37.65
756 cases:
1905..................... 21.30
1906..................... 21.69
1907..................... 22.36
1908..................... 22.35
.53
.66
.79
.93
10.58
16.27
18.38
16.27
7.94
7.94
7.14
6.08
2.91
2.64
2.12
1.46
1.85
1.06
.40
.26
23.28
27.91
28.04
24.07
24.47 20.10
32.80 13.36
37.43 8.47
43.78 7.01
7.41 1.85
3.31 .27
2.78 .13
1.59 .27
...
54.89
49.74
48.81
52.65
9.03 0.94 ....... .......
3.74 .935 ...
4.67 .62 ......
2.80 .62 ......... .........
28.35
27.725
30.53
31.15
1904.
1.06
Marine Navigation i (association 63).
1896.
321 cases:
1897.....................
1898.....................
1899.....................
1900.....................
28.97 0.62
28.97 .935
28.97 .31
28.97 .31
23.36 11.22
28.35 9.03
25.86 9.04
27.73 6.54
4.99
3.43
2.80
2.81
2.49
1.56
2.49
2.49
42.06
42.37
40.19
39.57
18.38
23.05
25.24
27.73
22.49 ...
22.49 .......
22.49
22.49 ".*96*
15.55
18.18
18.66
18.90
2.15
2.15
1.91
1.67
5.74
3.59
3.35
2.15
33.01
31.58
31.34
30.14
21.77 18.42 3.11
32.30 11.001 1.91
36.84 7.18 1.67
39.71 5.02 1.68
1904.
418 cases:
1905.....................
1906.....................
1907.....................
1908.....................
9.57
7.66
7.42
7.42
iNot including institute.
0.96
.72
.48
...
0.24 44.50
45.93
46.17
... 46.41
82
BULLETIN OF THE BUREAU OF LABOR.
T able 13.—RESULT OF THE INJURIES: PER CENT OF PERSONS KILLED OR INJURED
WHO W ERE COMPENSATED FOR THE FIRST TIME IN 1896 AND 1904. BY RESULT OF
INJURY AND BY INDUSTRY GROUPS—Concluded.
E ngineering , E xcavating,
etc .1 (association
64).
Per cent of injured persons whose injuries resulted in—
Partial permanent disability.
Year and number of
cases.
Temporary disability.
Total
With loss of earning
per
With loss of earning power of—
power of—
ma
Death nent
disa
Total.
Un 25 to 50 to 75 to Total.
bility. Un 25 to 50 to 75 to
der 25 50 per 75 per 100
No der 25 50
100
per per per
per cent. cent. per
loss. per cent. 75
cent. cent.
cent.
cent.
cent.
1896.
1,361 cases:
1897.....................
1898.....................
1899.....................
1900.....................
9.55
9.85
9.99
10.14
1.03
1.10
1.62
1.47
32.77 15.36
30.86 13.23
24.32 8.67
27.70 10.87
4.55
4.41
3.53
4.12
2.28
1.98
.73
1.32
54.96
50.48
37.25
44.01
26.97
35.41
49.96
44.01
7.13
3.16
1.18
.37
0.29
0.07
34.46
38.57
51.14
44.38
7.10
7.20
7.20
7.35
1.30
1.05
1.05
1.55
28.28 15.59
20.99 12.54
15.84 10.79
18.09 9.79
4.15
3.60
3.80
3.60
1.75
1.45
1.35
.80
49.77
38.58
31.78
32.28
24.14 16.09
37.63 15.39
45.23 14.64
50.27 8.55
1.45
.15
.10
.15
41.83
53.17
59.97
58.82
1904.
2,001 cases:
1905.....................
1906.....................
1907.....................
1908.....................
M e a t P r o d u c t s (a sso cia tio n 65).
1896.
........
........
........
........
CO CO CO CO
329 cases:
1897
1898
1899
1900
28.57
: : : : : : 37.69
40.73
40.73
6.38
5.78
6.38
5.77
1.82
2.13
2.13
2.13
10.50
0.08 16.17
.17 18.42
.17 19.92
2.33
2.67
3.16
3.50
.58
.92
1.00
.75
0.31 37.08 28.27 30.40
.30 45.90 38.60 11.86
49.24 42.25 4.86
48.63 43.47 4.26
0.91
.30
.31
.30
59.58
50.76
47.42
48.03
1904.
1,200 cases:
1905.....................
1906.....................
1907.....................
1908.....................
2.67
2.67
2.67
2.75
.17 13.58 32.00
.16 19.92 46.42
22.58 52.75
.08 24.25 57.25
39.83
24.33
17.83
12.50
9.00
5.08
2.92
2.33
1.92
1.17
.83
.67
1.00
.33
.25
.08
0.22
.21
.22
...
...
83.75
77.33
74.58
72.83
B l a c k s m it h in g , e t c . (a ssocia tion 66).
1902.2
467 cases:
• 1903.....................
1904.....................
1905.....................
1906.....................
1.28
1.28
1.28
1.28
0.43
.86
.86
.86
10.06 8.57 1.070
14.77 8.14 .86 0.43
16.27 8.78 .640 .22
17.13 10.28 .640 .22
19.70
24.20
25.91
28.27
22.70
40.90
50.75
54.60
47.32
29.12
19.27
14.99
6.85
3.43
1.71
15.90
18.70
17.77
17.93
33.67
44.82
56.74
63.68
40.53
31.25
20.34
14.19
6.47
2.73
1.87
1.09
1.50 78.59
73.66
71.95
69.59
1904.
1,283 cases:
1905.....................
1906.....................
1907.....................
1908.....................
2.10
2.34
2.50
2.57
.16 9.12
.08 16.13
.23 10.36
.23 11.46
Not including institute.
4.83 1.17
1.48 .545
6.47 .86
5.38 1.01
.78
.545
.08
.08
.70
.47 81.84
.08 1
78.88
.08 r : i 7 79.50
79.27
*08! • *
2Year association began operations.
INDUSTRIAL ACCIDENTS IN GERMANY, 1891 AND 1901.
83
DURATION OF DISABILITY AND LOSS OF EARNING POWER.
Under the German system compensation for accidents is paid in the
form of annuities or pensions which continue during disability; the
injured person must, however, undergo reexamination at intervals
during the receipt of his pension and the amount of his annuity or
pension is revised according to the decision of a board as to the earn
ing power of the pensioner at the time of these examinations. If the
condition of the workman becomes worse— that is, if his earning
power decreases with the lapse of time as the result of his injury— he
becomes entitled to a higher pension; if, on the other hand, his condi
tion improves— if his earning power increases with the lapse of
time— the employer’s association is entitled to ask for a reduction of
the pension. The experience under this plan of revising pensions
throws much light both on the duration of the disability and on the
effect of industrial accidents in reducing the earning power of the
workmen and incidentally brings out the advantages of the annuity
or pension system of compensation payments. Table 14 shows, first,
the proportion of pensioners who drop out after the first, the second,
the third, and the fourth year of receipt of pension; second, the pro
portion of pensioners who are still on the roll in about the fifth year
from the time the pension was granted, classified by their degree of
earning power; third, the proportion of pensioners who died during
5 years as a result of the injury.
Taking the first section of the table, giving the total for the indus
trial accident associations (not including institutes), it is seen that of the
persons receiving compensation for the first time in 1904, there were
22.59 per cent who ceased to draw pensions after one year because of
regaining their entire earning capacity; after the second year, 33.59
per cent of those then on the roll entirely recovered; after the third
year 39.97 per cent of those then on the roll entirely recovered; after
the fourth year 44.37 per cent of those then on the roll entirely
recovered, and about 5 years afterwards 47.57 per cent of the persons
granted compensation in 1904 were still receiving pensions; in other
words, after 5 years, about one-half of the injured persons had
entirely recovered their earning capacity, while during this period
8.06 per cent had died as the result of the accident. The experience
of the agricultural accident associations shows that a somewhat
greater proportion had entirely recovered their earning capacity and a
smaller proportion died as the result of the accidents.
The first subdivision of the table, giving the total for the industrial
accident associations (not including institutes), is also of interest in
showing that there has been an increase in the proportion of those
who entirely recover their earning capacity after the first year of the
receipt of pension; thus of the 1896 pensioners there were 20.82 per
84
BULLETIN of t h e b u r e a u of la b o r .
cent who entirely recovered their earning capacity after one year,
while of the 1907 pensioners there were 25.83 per cent who entirely
recovered their earning capacity in one year. This also holds true for
each of the other columns; thus those who had entirely recovered
their earning capacity after 4 years of receipt of pensions granted in
1896 was 35.09 per cent, while of the pensions granted in 1904 there
were 44.37 per cent who had entirely recovered after about 4 years of
receipt of pension. This fact is brought out most clearly by the
column giving the total number of persons still in receipt of pensions
in about the fifth year after the date of granting compensation; of the
1896 pensioners 53.89 per cent were still on the pension roll in the fifth
year. This proportion tended to rise for the pensioners of 1897,
1898, 1899, and 1900, but after that there was a steady and sharp
decrease in this ratio, and of the 1904 pensioners the proportion who
were still on the pension roll in the fifth year was 47.57 per cent.
Another interesting feature is the reduction in the proportion of those
who had suffered the higher degrees of loss of earning power; thus in
the fifth year after 1896 those injured persons who had received
pensions for about 5 years and had suffered a loss of earning power
from 75 to 100 per cent, formed 2.50 per cent of the persons granted
pensions in 1896. In the years following this the percentage in the
same column shows, with the exception of one year, a steady ten
dency to decrease, and of the persons in receipt of pensions granted
in 1904 only 1.87 per cent belong to the group which had sustained a
loss of earning power from 75 to 100 per cent. The rate in the column
showing the proportion of those who had died as a result of the
injury within approximately 5 years after the receipt of pension also
shows a marked tendency to decrease; thus of the persons granted
pensions in 1896 there were 11.02 per cent who died, while of the
persons granted pensions in 1904 there were 8.06 per cent who died
after having received pensions for about 5 years. It may be said,
therefore, that a marked improvement has taken place in the resto
ration of the earning power of the injured workers and that there has
been a similar decrease in the proportion of those who died as the
result of the injury.
In the subdivisions of the table showing the same data for the
various industries, this seems to be the usual experience, though in
some of the industries, especially those in which the number of
injured persons is less than 1,000, variations from this rule are found.
In some instances the decrease in the industry group is quite marked;
in the case of the inland navigation group 32.40 per cent of the pension
ers put on the roll in 1896 died within the following 5 years, while of
those pensioned in 1904 this proportion had been reduced to 22.35 per
cent; marine navigation shows a similar decrease from 28.97 per cent
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907.
85
of the 1896 to 22.49 per cent of the 1904 pensioners. In some of the
smaller groups, such for instance as that of the silk industry, the pro
portionate decrease has been even more marked; in this industry
group 4.76 per cent of those granted pensions in 1896 died in about 5
years as the result of the injuries, while of those granted pensions in
1904 only 1.04 per cent died from the same cause.
In view of the decreases in the proportion of those sustaining the
higher degrees of loss of earning power it is but natural to find that the
proportion of those sustaining a loss of earning power of 25 per cent or
less has undergone much change during the period included in the
table.
The industry group which shows the highest proportion of injured
persons still on the pension rolls after about 5 years is that of metal
working (associations 12 and 13); of the pensions granted in 1904 there
were 86.74 per cent of the pensioners still in receipt of their pensions
on an average of 5 years afterwards, and there is little change in this
proportion during the period given in the table. Although the total
has not changed it is seen that there is a distinct improvement in
the character of the disabilities included in this total; thus while the
proportion of persons suffering a disability of under 25 per cent has
increased considerably, there is a corresponding decrease in the
more serious degrees of disability. The death rate also shows an
improvement and is below the average for all industrial accident
associations.
The industry group with the next highest proportion of injured
persons still on the pension rolls at the end of 5 years is that of pottery
(association 16), with 64.71 per cent of the pensions granted in 1904
still in force at about 5 years afterwards; while there has been some
fluctuation in this proportion during the period included in the table,
the proportion of the 1904 pensioners is not very different from that
of the 1896 pensioners. The proportion who have sustained a loss of
earning power of 25 per cent or less is practically the same for the
pensioners of 1896 and of 1904; the proportion of pensioners who
sustained a loss of earning power of from 25 to 50 per cent has varied
during the period in question, but is practically the same for the 1904
as for the 1897 pensioners; the proportion of pensioners sustaining a
loss of earning power of 50 to 75 per cent also fluctuated during the
period and was not very different for the 1904 pensioners as com
pared with the 1896 pensioners; the proportion of pensioners suffer
ing a loss of earning power of from 75 to 100 per cent seems to show a
tendency to decrease during the period in the table, and the same is
true for the proportion of those who died in the 5-year period. The
industry groups of metal working and of pottery are conspicuous
in the high proportion of permanent disabilities which the injured
86
BULLETIN OP THE BUREAU OF LABOR.
persons sustained. Following these two groups the groups having 50
per cent or more of the pensioners still on the pension rolls at the end
of 5 years are as follows: Linen (association 20) with 60.74 per cent,
printing and publishing (association 55) with 59.68 per cent, leather
(association 30) with 58.90 per cent, textiles (associations 20-27)
with 58.74 per cent, paper products (association 29) with 56.78 per
cent, musical instruments (association 14) with 55.86 per cent, cloth
ing (association 41) with 54.53 per cent, tobacco (association 40) with
54.43 per cent, sugar (association 37) with 53.43 per cent, gas and
water works (association 19) with 53.38 per cent, fine mechanical
products (association 3) with 52.82 per cent, dairying, distilling,
starch, etc., (association 38) with 52.78 per cent, private railways
(association 56) with 51.11 per cent, silk (association 27) with 51.04
per cent, iron and steel (associations 4-11,66) with 50.39 per cent,
woodworking (associations 31-34) with 50.21 per cent, chemicals (asso
ciation 18) with 50.03 per cent. W ith one exception all of these
groups show a lower percentage of persons on the pension roll at the
end of 5 years in the case of the 1904 pensioners as contrasted with
the 1896 pensioners; the exception is the group private railways
(association 56), which h a d 46.22 percent of the 1896 pensioners on
the roll after about 5 years, and this proportion steadily increased
during the succeeding 5 years, since which time, however, there has
been a decrease, and the 1904 pensioners show approximately the
same proportion as the 1897 pensioners; the proportion of pensioners
who died during the 5-year period is much above the average for all
industrial accident associations, and during the period given in the
table has varied between 14.02 per cent and 28 per cent; similarly
the proportion of those who still had a loss of earning power from 75
to 100 per cent at the end of 5 years was much above the average,
being 8.14 per cent of the pensions granted in 1904.
All of the other industry groups had less than 50 per cent of the
pensioners on the pension rolls after about 5 years, the lowest two
groups being inland navigation (associations 60-62) and marine
navigation (association 63), the former having 33.87 per cent and the
latter 37.80 per cent of the pensions granted in 1904 still in force
after about 5 years. Each of these groups, however, has had a high
death rate of its pensioners, while the proportion of those sustaining
the various degrees of loss of earning power does not differ greatly
from the average for all industries.
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907,
87
T able 14.—DURATION OF D ISABILITY AND LOSS OF EARNING POW ER: PER CENT OF
INJURED PERSONS RECOVERING FROM INJURIES W ITHIN FIVE Y E A R S AND LOSS OF
EARNING POW ER OF THOSE STILL DISABLED, B Y IN DUSTRY GROUPS, 1896 TO 1907.
[Source: Amtliche Nachrichten des Reichs-Versicherungsamts, 1910. I Beiheft, III Teil. Gewerbe-Unfallstatistik fur das Jahr 1907, pp. 228-253.]
I ndustrial A ccident A ssociations.*
Per cent of injured persons who—
Year pension was
granted.
1896..............................
1897............................
1898............................
1899..............................
1900..............................
1901..............................
1902..............................
1903..............................
1904..............................
1905..............................
1906..............................
1907..............................
Num
ber of
in
jured
persons.
38,538
41,746
44,881
49,175
51,697
55,525
57,244
60,550
65,205
68,360
71,227
75,370
Ceased to receive pensions
because of recovery of
earning power—
After an average of five years
receive pensions.
For loss of earning power of—
After
1 yr.
75 to Total.
25 and 50 and 100
per
under under cent,
After After After Under
25
per
2 yrs. 3 yrs. 4 yrs. cent. 50 per 75 per inclu
cent. cent. sive.
20.82
21.29
21.38
21.93
19.67
19.83
21.11
21.35
22.59
23.49
25.07
25.83
28.37
29.20
29.39
28.70
27.32
28.73
29.94
31.72
33.59
35.42
37.50
32.68
33.42
32.92
32.53
31.78
33.24
35.58
37.87
39.97
42.18
35.09
35.39
35.05
35.41
34.53
36.88
39.49
41.55
44.37
34.32
34.76
34 86
35.53
36.13
35.39
34.51
33.65
32.32
12.68
12.52
12.78
12.26
12.49
12.10
11.52
11.03
10.25
4.39
4.18
418
4.20
4.16
3.81
3.73
3.50
3.13
2.50
2.44
2.36
2.36
2.29
2.41
2.26
2.09
1.87
Died
during
five
years.
53.89
53.90
5418
54.35
55.07
53.71
52.02
50.27
47.57
11.02
10.71
10.77
10.24
10.40
9.41
8.49
8.18
8.06
A g r ic u l t u r a l A c cid e n t A ssoc iation s (d a ta for 22 associa tions).
1806..............................
1897..............................
1898..............................
1899..............................
1900..............................
1901..............................
1902..............................
1903..............................
1904..............................
1905..............................
1906..............................
1907..............................
.17,537
18,343
18,641
20,789
20,830
23,104
24,273
25,054
26,920
25,709
24,607
24,989
14.58
13.83
14.22
14.85
14.31
13.81
15.22
14.40
17.02
18.49
17.95
17.53
29.33
30.60
33.29
31.71
31.00
32.13
33.74
34.93
34.87
38.09
38.75
37.82
38.98
38.27
38.65
36.75
40.13
40.50
41.37
45.13
45.24
41.97
41.81
43.16
42.90
43.55
43.79
44.67
48.27
50.00
30.50
31.51
32.02
32.78
31.98
32.42
32.81
30.18
29.57
14.56
14.64
12.87
12.74
12.74
12.84
12.46
11.47
10.55
3.66
3.39
3.46
3.91
3.80
3.50
3.09
2.90
2.73
2.42
1.99
1.90
1.75
1.75
1 80
1.83
1.80
1.87
51.14
51.53
50.25
51.18
50.27
5fi 56
50.19
46.35
44.72
6.89
6.66
6.59
5.92
6.18
5.65
5.14
5.38
5.28
12.52
11.02
11.22
11.51
11.67
11.00
11.27
10.25
9.96
4.47
3.79
4.20
3.81
3.78
3.62
3.72
3.63
3.22
2.57
2.42
2.17
2.61
2.19
2.56
2.39
2.21
1.95
47.26
46.65
45.63
48.62
50.87
49.72
50.09
48.53
45.52
18.63
17.57
20.29
17.38
17.27
16.82
13.90
13.24
12.30
M in in g (association 1).
1896.............................
5,385 23.34 30.19
1897.............................
5,670 24.60 31.66
6,323 24.17 30.40
1898.............................
1899.............................
6,306 23.49 28.77
1900.............................
6,890 18.94 25.62
1901.............................
7,931 19.14 26.57
1902.............................
8,132 20.03 29.33
1903.............................
9,043 21.63 30.41
1904.............................. 9,931 22.84 32.10
1905.............................. 10,054 23.72 33.47
1906.............................. 10,821 24.53 38.10
1907.............................. 11,381 26.09
32.74
34.64
32.39
31.81
29.65
31.32
33.45
35.39
37.44
40.67
34.11
35.78
34.08
34.00
31.86
33.46
36.01
38.23
42.18
27.70
29.42
28.04
30.69
33.23
32.54
32.71
32.44
30.39
* Not including institutes.
88
BULLETIN OF THE BUREAU OF LABOR.
T able 14.—DURATION OF D ISA B ILITY AND LOSS OF EARNING P O W E R : P E R CENT OF
INJURED PERSONS RECOVERING FROM INJURIES W ITH IN FIVE Y E A R S AND LOSS OF
EARNING POW ER OF THOSE STILL DISABLED,, B Y IN DU STRY GROUPS, 1896 TO 1907—
Continued.
Quarrying (association 2).
Per cent of injured persons who—
Year pension was
granted.
1896..............................
1897..............................
1898..............................
1899..............................
1900..............................
1901..............................
1902..............................
1903..............................
1904..............................
1905..............................
1906.............................
1907..............................
Num
ber of
in
jured
per
sons.
Ceased to receive pensions
because of recovery of
earning power—
After an average of five years
receive pensions.
For loss of earning power of—
1,332
1,554
1,616
1,902
1,973
2,197
2,289
2,273
2,347
2,436
2,549
2,677
After
1 yr.
After
2 yrs.
After
3 yrs.
25 and 50 and
After Under
25 per under under
4 yrs. cent. 50 per 75 per
cent. cent.
23.05
20.40
22.15
20.50
18.91
22.67
21.76
21.95
22.37
24.30
25.15
27.34
30.71
27.86
28.03
27.29
26.46
30.13
29.32
32.65
34.55
35.59
36.25
33.86
31.85
31.43
30.81
29.85
34.09
34.03
38.72
40.65
42.32
36.04
33.46
33.11
32.91
31.68
36.32
37.00
42.19
45.34
28.90
29.02
30.76
31.13
32.85
32.87
35.07
29.08
27.61
14.49
13.26
13.55
14.72
13.58
12.83
10.97
11.52
11.07
75 to
100per Total.
cent,
inclu
sive.
Died
during
five
years.
5.25
5.54
4.26
3.89
5.27
3.455
4.15
3.79
3.58
2.18
3.34
2.60
3.0C
2.38
3.375
2.28
1.89
2.34
50.82
51.16
51.17
52.74
54.08
52.53
52.47
46.28
44.60
13.14
15.38
15.72
14.35
14.24
11.15
10.53
11.53
10.06
2.48
1.76
3.18
2.64
3.96
2.30
2.60
2.52
2.50
1.80
1.23
2.28
1.03
1.19
2.82
1.61
2.18
1.57
70.72
66.49
66.92
60.65
63.94
59.62
58.97
55.95
52.82
5.41
3.53
4.10
6.02
5.15
4.40
4.94
2.63
3.89
3.58
3.58
3.86
3.84
4.04
3.43
3.28
3.11
2.82
1.80
1.92
2.13
1.75
1.90
2.09
1.71
1.69
1.69
58.61
58.44
59.65
58.40
59.11
56.52
55.64
53.88
50.39
6.49
6.66
6.49
6.71
7.01
5.89
5.57
5.03
5.60
4.10
3.37
2.88
3.86
2.27
4.21
3.95
2.13
2.15
5.54
4.69
6.62
4.03
4.82
4.22
4.52
3.83
3.05
87.92
86.71
83.70
82.93
82.70
83.95
81.21
85.74
86.74
3.28
3.18
4.25
2.58
3.83
4.34
3.01
3.62
2.60
F ine Mechanical P roducts (association 3).
1896..............................
1897..............................
1898..............................
1899.............................
1900.............................
1901.............................
1902.............................
1903..............................
1904.............................
1905.............................
1906..............................
1907.............................
444 10.36
567 13.40
659 11.08
681 14.68
757 17.70
956 17.89
809 16.94
874 16.02
1,081 21.00
1,311 28.53
1,379 31.40
1,481 28.09
16.22
22.40
20.79
24.08
23.91
26.57
26.45
29.63
33.02
42.11
41.91
20.05
28.40
24.89
30.40
27.88
32.43
33.00
35.47
39.32
48.89
23.87
29.98
28.98
33.33
30.91
35.98
36.09
41.42
43.29
55.18
52.21
49.47
47.29
46.24
42.89
43.39
40.04
40.89
11.26
11.29
11.99
9.69
12.55
11.61
11.37
11.21
7.86
I ron and Steel (associations 4-11,66).
1896.............................
1897.............................
1898..............................
1899..............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1905.............................
1906.............................
1907..............................
6,065
6,873
7,903
9,102
9,646
10,352
10,744
11,329
12,673
13,130
14,283
15,012
18.55
20.12
19.65
21.73
20.41
19.83
21.45
21.37
22.39
22.33
25.68
25.72
26.26
27.65
28.78
27.78
25.37
29.76
29.58
30.96
32.27
34.78
38.10
Metal W
1896.............................
1897.............................
1898.............................
1899.............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1905.............................
1906.............................
1907..............................
488
534
589
621
705
760
862
940
1,116
1,242
1,334
1,533
7.17
5.62
8.49
10.47
8.37
6.32
8.70
1.81
1.88
1.21
.68
.91
30.19 34.90
33.15 34.90
32.77 33.86
30.21 34.89
31.58 33.88
34.27 37.59
35.15 . 38.79
37.38 41.09
39.39 44.01
41.83
o r k in g
6.56
7.86
9.85
13.69
9.08
8.82
11.48
7.87
10.66
9.50
10.27
39.28
39.41
39.66
39.87
40.21
38.38
38.41
37.29
35.26
13.95
13.53
14.00
12.94
12.96
12.62
12.24
11.79
10.62
(associations 12 and 13).
6.56
9.55
11.71
13.69
10.92
11.71
11.02
10.96
10.31
10.95
8.81
10.11
12.05
14.49
13.47
11.71
15.78
10.64
10.66
66.59
69.29
65.20
61.51
63.55
61.97
62.06
69.78
72.40
11.68
9.36
9.00
13.53
12.06
13.55
10.68
10.00
9.14
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907.
89
T able 14.—DURATION OF D ISA B ILITY AND LOSS OF EARNING PO W E R : PE R CENT OF
INJURED PERSONS RECOVERING FROM INJURIES W ITHIN FIVE Y E A R S AND LOSS OF
EARNING POW ER OF THOSE STILL DISABLED, B Y IN DU STRY GROUPS, 1896 TO 1907—
Continued.
Musical I nstruments (association 14).
Per cent of injured persons who—.
Year pension was
granted.
Num
ber of
in
jured
persons.
Ceased to receive pensions
because of recovery of
earning power—
After an average of five years
receive pensions.
For loss of earning power of—
Under 25 and 50 and
After After After After 25 per under under
l y r . 2yrs. 3 yrs. 4 yrs. cent. 50 per 75 per
cent. cent.
1896..............................
1897.............................
1898.............................
1899.............................
1900..............................
1901.............................
1902.............................
1903..............................
1904.............................
1905.............................
190fi .
1907..............................
69
89
99
121
120
130
133
133
145
154
153
225
5.80
16.855
11.11
6.61
12.50
16.15
9.78
10.53
15.86
11.04
13.72
15.55
24.64
17.98
18.18
18.18
26.67
25.38
23.31
26.32
24.83
27.92
32.68
24.64
20.22
24.24
27.27
29.17
27.69
27.07
35.34.
35.17
39.61
26.09
21.35
28.28
30.58
32.50
30.00
33.83
39.10
42.07
40.57
55.05
56.57
52.89
53.34
50.77
48.87
47.37
42.75
75 to
100per Total.
cent,
inclu
sive.
Died
during
five
years.
27.54
13.48
8.08
10.74
5.00
10.77
10.53
4.51
9.66
2.90
5.62
2.02
.83
3.33
3.84
3.76
3.76
2.07
2.25
1.01
2.48
2.50
1.54
1.50
1.50
1.38
71.01
76.40
67.68
66.94
64.17
66.92
64.66
57.14
55.86
2.90
2.25
4.04
2.48
3.33
3.08
1.51
3.76
2.07
14.56
14.89
14.12
15.56
13.43
12.79
11.79
8.41
10.79
3.40
5.11
2.74
4.31
4.48
2.29
3.03
3.60
1.17
2.92
.43
2.35
.66
2.24
.99
2.36
1.50
1.16
60.20
53.62
56.47
61.26
53.73
51.48
48.15
46.55
46.06
6.31
6.81
5.49
4.97
3.73
5.57
5.39
6.61
5.54
10.53
15.66
14.03
9.93
18.36
17.03
16.45
14.02
15.08
2.63
2.41
7.60
9.93
10.14
4.81
3.90
3.74
2.94
6.14
'4.82
8.19
6.62
4.83
3.05
1.73
4.67
3.31
63.15
65.06
60.82
60.26
69.08
66.81
67.97
61.21
64.71
10.53
10.24
8.77
10.60
10.15
7.86
8.22
7.48
4.78
6.93
7.09
6.18
4.86
6.93
7.24
6.14
4.56
4.13
2.02
1.66
1.95
1.97
2.26
1.38
1.98
1.46
1.50
50.42
47.65
46.23
46.45
50.86
49.62
48.55
45.71
41.55
10.24
9.77
12.11
11.40
11.25
10.28
9.38
8.78
9.62
Glass (association 15).
1896.............................
1897..............................
1898................ ............
1899.............................
1900.............................
1901..............................
1902.............. , .............
1903.............................
1904..............................
1905..............................
1906..............................
1907..............................
206
235
255
302
268
305
297
333
343
363
355
347
3.40
15.74
17.65
21.19
4.85
13.77
11.11
14.41
15.16
14.05
26.76
25.36
18.93
32.34
31.76
28.15
18.29
30.82
23.23
33.93
37.61
34.71
36.34
34.47
37.45
38.43
31.46
30.60
36.07
41.08
42.34
45.19
42.42
33.49
39.57
38.04
33.77
42.54
42.95
46.46
46.84
48.40
39.32
33.19
37.26
40.73
33.58
35.41
30.97
33.04
32.94
P o t t e r y (association 16).
1896..............................
1897..............................
1898.............................
1899.............................
1900..............................
1901..............................
1902..............................
1903..............................
1904.............................
1905.............................
1906.............................
1907.............................
114
166
171
151
207
229
231
214
272
293
273
310
16.67
14.46
15.21
7.95
10.63
10.48
14.72
7.01
18.01
13.31
2.57
14.19
28.07
21.69
22.22
20.53
14.49
20.09
16.45
18.69
23.53
23.21
21.24
34.21
21.69
26.90
23.18
24.15
19.65
23.81
25.70
30.88
29.35
26.32
24.76
30.41
29.14
20.77
25.33
23.81
31.31
30.51
43.85
42.17
31.00
33.78
35.75
41.92
45.89
38.78
43.38
B r ic k a n d T il e M a k in g (association 17).
1896.............................
1897.............................
1898.............................
1899.............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1905.............................
1906.............................
1907.............................
938
1,085
1,181
1,421
1,644
1,449
1,514
1,446
1,673
1,829
1,787
1,931
22.28
25.99
25.91
28.64
24.03
23.67
25.03
25.10
27.26
14.66
28.48
18.38
32.62
36.04
38.53
34.49
33.15
32.99
34.28
36.03
33.89
42.04
36.60
37.53
40.37
38.70
39.90
36.38
37.06
39.89
39.35
45.61
45.38
39.34
42.58
41.66
42.15
37.89
40.10
42.07
45.51
48.83
27.08
26.46
26.58
28.29
29.38
29.47
28.34
27.93
25.82
14.39
12.44
11.52
11.33
12.29
11.53
12.09
11.76
10.10
90
BULLETIN OF THE BUREAU OF LABOR.
T able 14.—DU RATIO N OF D ISA B ILIT Y AND LOSS OF EARNING PO W E R : P E R CENT OF
INJURED PERSONS RECOVERING FROM INJURIES W ITH IN FIVE Y E A R S AND LOSS OF
EARNING PO W E R OF THOSE STILL DISABLED, B Y IN DU STRY GROUPS, 1896 TO 1907—
Continued.
Chemicals (association 18).
Per cent of injured persons who—
Year pension was
granted.
1896.............................
1897.............................
1898.............................
1899.............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1905.............................
1906.............................
1907.............................
Num
ber of
in
jured
per
sons.
898
1,007
960
1,115
1,284
1,415
1,262
1,348
1,535
1,619
1,805
2,038
After an average of five years
receive pensions.
Ceased to receive pensions
because of recovery of
earning power—
For loss of earning power of—
After
1 yr.
After
2yrs.
After
3 yrs.
25 and 50 and
After Under
under
per under
per 75 per
4 yrs. 25
cent. 50
cent. cent.
20.15
19.56
21.98
21.08
19.86
19.08
23.53
23.52
22.80
24.77
25.60
28.22
25.05
26.31
29.27
28.88
27.72
29.82
28.84
37.91
33.68
36.57
36.73
30.40
29.09
35.00
33.81
32.63
30.32
35.02
40.95
38.89
41.38
32.18
31.28
36.46
27.13
33.96
33.43
37.64
45.33
42.09
34.30
35.65
33.02
35.78
35.43
37.60
35.58
30.19
32.31
75 to
100 per Total.
cent,
inclu
sive.
Died
during
five
years.
5.34
3.97
3.54
3.95
4.52
4.81
3.80
2.60
4.37
4.12
3.08
2.81
2.42
2.96
2.19
2.38
1.11
1.82
57.35
55.41
55.10
54.17
55.45
57.81
53.96
46.36
50.03
10.47
13.31
8.44
8.70
10.59
8.76
8.40
8.31
7.88
16.29
19.55
13.00
13.51
9.84
15.59
16.83
14.02
11.20
5.06
4.47
4.00
6.31
7.09
4.22
3.24
3.97
3.38
3.93 56.18
6.71 57.54
3.00 51.00
6.30 62.16
4.33 47.24
3.89 59.42
4.21 •60.52
5.55 53.44
3.38 53.38
14.61
10.06
10.00
11.26
16.93
8.44
8.74
8.47
10.42
14.88
13.37
11.28
12.40
12.04
11.82
11.54
11.62
13.22
8.33
4.95
6.67
10.40
4.17
5.45
5.55
5.55
6.20
73.21
68.32
69.23
72.40
62.50
58.18
53.42
52.52
60.74
4.17
7.42
4.10
2.80
5.09
4.55
3.42
4.55
2.89
13.59
12.71
15.73
12.02
12.54
13.21
12.20
12.46
11.53
Gas and W ater W orks (association 19).
1896.............................
1897.............................
1898.............................
1899.............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1905.............................
1906.............................
1907.............................
178
179
200
222
254
308
309
378
384
387
396
435
19.66
25.14
27.00
18.02
24.01
7.47
17.80
18.25
22.40
21.70
26.26
22.76
23.60
29.05
34.00
22.52
25.59
24.025
22.98
27.78
28.13
31.52
37.38
28.65
32.40
38.50
24.32
34.25
28.57
27.18
31.75
33.59
35.40
29.21
32.40
39.00
26.58
35.83
32.14
30.74
38.09
36.20
30.90
26.81
31.00
36.04
25.98
35.72
36.24
29.90
35.42
L inen (association 20).
1896.............................
1897.............................
1898.............................
1899.............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1905.............................
1906.............................
1907.............................
168
202
195*
250
216
220
234
198
242
224
279
280
14.29
9.41
12.82
13.60
14.82
15.46
27.78
24.24
15.29
24.55
20.43
16.07
19.64
20.79
23.59
22.00
23.15
30.00
33.33
36.36
26.86
34.38
33.69
21.43
23.27
25.64
23.20
32.41
34.09
39.74
39.90
33.06
42.86
22.62
24.26
26.67
24.80
32.41
37.27
43.16
42.93
36.37
48.81
48.02
48.71
48.80
43.51
38.64
35.90
32.82
39.25
Silk (association 27).
1.19
1.98
2.57
.80
2 78
2.27
.43
2.53
2.07
•
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907.
91
T able 14.—DURATION OF D ISA B ILIT Y AND LOSS OF EARNING PO W E R : P E R CENT OF
INJURED PERSONS RECOVERING FROM INJURIES W ITHIN FIVE Y E A R S AND LOSS OF
EARNING POW ER OF THOSE STILL DISABLED, B Y IN DU STRY GROUPS, 1896 TO 1907—
Continued.
T extiles, including L inen and Silk (associations 20-27).
Per cent of injured persons who—
Year pension was
granted.
Num
ber of
in
jured
per
sons.
Ceased to receive pensions
because of recovery of
earning power—
After an average of five years
receive pensions.
For loss of earning power of—
Under 25 and 50 and
After After After After 25 per under under
1 yr. 2yrs. 3 yrs. 4 yrs. cent. 50 per 75 per
cent. cent.
1896..............................
1897.............................
1898.............................
1899.............................
1900.............................
1901..............................
1902.............................
1903.............................
1904.............................
1005
IQftfi
1907
2,166
2,394
2,338
2,565
2,668
2,465
2,382
2,504
2,443
2,576
2,630
2,739
14.54
18.46
17.75
18.05
18.70
16.84
19.44
18.85
19.81
19.18
18.10
19.42
21.02
24.98
25.15
24.65
25.49
25.07
27.83
26.64
27.59
28.61
29.09
23.13
28.82
28.57
28.39
29.76
29.58
32.87
31.79
33.16
35.33
25.03
30.29
29.68
30.61
31.82
32.96
35.98
36.10
38.72
49.89
45.57
45.98
45.45
44.68
44.31
41.52
42.26
39.99
75 to
100 per Total.
cent,
inclu
sive.
Died
during
five
years.
11.81
11.65
12.40
11.91
11.92
10.96
11.21
10.98
11.71
6.54
5.85
6.29
5.68
5.36
5.03
5.63
4.83
5.49
2.32
2.00
1.67
2.34
1.91
1.75
1.97
1.64
1.55
70.56
65.07
66.34
65.38
63.87
62.05
60.33
59.71
58.74
4.41
4.64
3.98
4.01
4.31
4.99
3.69
4.19
4.54
12.70
15.04
16.08
15.83
12.11
13.88
10.05
10.44
11.09
7.66
9.97
7.87
8.48
4.81
4.795
4.53
4.74
5.01
2.22
3.04
2.85
3.42
2.64
2.985
2.55
2.09
1.89
68.15
69.43
69.17
66.07
59.47
58.36
56.23
47.49
46.41
10.89
7.43
8.21
9.79
10.87
9.60
7.79
9.47
6.09
12.37
11.44
10.79
11.33
12.97
7.56
9.06
10.99
9.80
4.59
6.64
5.03
4.33
4.90
5.23
5.63
4.39
3.01
2.12
2.59
2.16
1.67
2.60
2.04
2.18
2.20
1.76
61.84
63.10
61.51
59.33
62.25
59.30
59.06
59.62
56.78
4.59
2.95
2.88
1.33
3.17
4.36
3.13
2.47
2.01
10.00
11.99
13.42
15.25
15.48
15.94
14.69
10.84
14.07
8.08
4.45
4.27
6.17
4.205
4.11
5.93
5.75
5.05
2.30
5.48
3.96
4.22
2.885
3.38
2.33
1.99
2.86
65.00
67.12
67.07
68.83
78.74
63.53
60.83
59.07
58.90
8.08
9.93
9.15
6.17
7.61
6.52
6.44
7.30
7.03
P aper Making (association 28).
1896..............................
1897..............................
1898..............................
1899.............................
1900..............................
1901..............................
1902..............................
1903............................. "
1904..............................
1905
1906
1907
496
592
597
613
644
771
706
718
739
773
743
793
10.08
11.66
13.07
13.54
10.09
11.80
13.32
18.52
21.24
18.63
18.30
18.54
18.15
15.88
19.26
20.39
21.58
22.57
24.08
32.31
33.02
37.65
36.47
17.74
21.45
20.60
22.35
26.09
27.62
32.72
36.91
43.71
44.50
20.96
23.14
22.62
24.14
29.66
32.04
35.98
43.04
47.50
45.57
41.38
42.37
38.34
39.91
36.70
39.10
30.22
28.42
P aper P roducts (association 29).
1896.............................
1897..............................
1898..............................
1899.............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1Qf)n
1906
1907
...................
283
271
278
300
347
344
320
364
398
477
466
500
22.26
20.66
19.06
21.33
20.17
18.02
22.19
21.98
19.85
20.96
21.67
24.80
27.56
26.94
27.34
32.67
25.65
26.46
33.13
30.22
28.64
30.40
36.27
30.74
29.52
33.09
36.67
29.97
32.56
35.00
34.62
35.43
38.36
33.57
33.95
35.61
39.34
34.58
36.34
37.81
37.91
41.21
42.76
42.43
43.53
42.00
41.78
44.47
42.19
42.04
42.21
L e a t h e r (association 30).
1896..............................
1897..............................
1898.............................
1899.............................
1900.............................
1901.............................
1902..............................
1903.............................
1904.............................
1 9 0 5 ............
1906.............................
1907.............................
260
292
328
308
381
414
388
452
455
472
478
537
8.46
6.85
7.93
15.91
8.40
3.62
9.28
5.75
4.61
3.18
15.69
15.27
21.92
11.99
17.68
22.08
15.75
18.12
15.98
24.78
24.84
31.78
34.73
11.92
22.60
22.26
24.67
18.63
18.60
27.32
31.42
29.89
36.65
26.92
22.95
23.78
25.00
13.65
29.95
32.73
33.63
34.07
44.62
45.20
45.42
43.19
56.17
40.10
37.88
40.49
36.92
92
BULLETIN OF THE BUREAU OF LABOR.
T a b l e 14.—DU RATIO N OF D ISA B ILIT Y AND LOSS OF EARNING P O W E R : P E R CENT OF
INJURED PERSONS RECOVERIN G FROM INJURIES W ITH IN FIV E Y E A R S AND LOSS OF
EARN ING PO W E R OF THOSE STILL DISABLED, B Y IN D U STRY GROUPS, 1896 TO 1907—
Continued.
W oodworking (associations 31-34).
Per cent of injured persons who—
Year pension was
granted.
1896..............................
1897..............................
1898..............................
1899..............................
1900..............................
1901..............................
1902..............................
1903..............................
1904..............................
1905..............................
1906..............................
1907..............................
Num
ber of
in
jured
persons.
2,727
2,868
3,121
3,547
3,738
3,957
3,834
4,081
4,479
4,828
5,104
5,280
Ceased to receive pensions
because of recovery of
earning power—
After an average of five y<jars
receive pensions.
For loss of earning po wer of—
After
1 yr.
25 and 50 and
After After After Under under u n de
2 yrs. 3 yrs. 4 yrs. 25 per 50 per 75 per
cent. cent. cent.
20.57
22.94
21.18
21.94
18.03
19.81
21.91
19.87
24.02
25.93
27.33
29.77
27.72
29.15
28.48
26.70
29.64
28.30
30.60
33.77
35.72
37.51
39.56
31.32
34.41
31.88
33.69
32.98
32.47
37.90
40.26
41.86
44.01
34.29
35.98
35.79
35.69
35.96
39.02
43.35
43.37
45.68
75 to
100 per Total.
cent,
inclu
sive.
Died
during
five
years.
12.36
12.49
12.98
11.19
11.85
11.88
10.64
11.03
10.11
3.92
3.52
3.58
4.06
3.45
2.75
3.34
3.50
2.66
1.07
1.04
1.35
1.10
.99
1.39
.96
.93
.87
60.76
59.31
60.11
59.54
59.47
56.71
52.58
52.66
50.21
4.95
4.71
4.10
4.77
4.57
4.27
4.07
3.97
4.11
13.70
15.79
14.62
11.83
12.99
12.11
10.67
13.70
10.19
8.22
4.47
4.43
4.96
5.48
4.84
4.68
4.38
3.30
3.06
2.08
2.02
2.10
1.43
1.82
1.50
2.33
.83
51.21
53.82
55.34
49.14
31,37
53.18
46.96
51.63
41.60
11.17
8.94
9.88
9.35
9.34
8.68
9.47
6.52
8.63
8.89
7.06
10.84
11.91
10.99
13.55
12.58
11.16
9.94
4.00
1.77
2.10
4.76
3.67
3.97
3.53
4.24
2.92
2.00
1.76
1.40
2.68
.52
.47
.88
1.34
1.76
50.00
46.18
44.76
50.30
48.95
50.70
49.44
50.00
46.39
4.00
5.88
4.54
4.46
4.45
3.04
4.42
4.24
4.68
14.15
14.34
15.585
12.12
12.58
14.735
11.77
11.97
9.77
4.52
3.54
6.06
3.60
3.68
3.34
5.70
4.06
3.54
2.55
1.77
1.52
2.46
1.35
1.765
1.83
1.50
1.04
56.-78
56.38
60.39
54.55
51.45
54.61
52.21
53.42
53.43
10.41
14.54
10.82
11.17
11.61
11.40
8.27
12.18
8.94
43.41
42.26
42.20
43.19
43.18
40.69
37.64
37.20
36.57
F lour Milling (association 35).
1896..............................
1897..............................
1898..............................
1899..............................
1900..............................
1901..............................
1902..............................
1903..............................
1904..............................
1905..............................
1906..............................
1907..............................
949
1,007
992
1,048
985
991
1,003
1,073
1,089
1,068
1,008
1,027
25.92
21.65
21.67
21.37
19.19
18.87
23.73
23.58
24.06
27.435
27.58
23.66
29.40
30.88
28.83
31.39
29.54
28.96
31.01
31.69
36.91
38.11
39.58
34.56
34.95
31.15
37.59
35.33
34.51
37.98
39.14
42.88
46.53
37.62
37.24
34.78
41.51
39.29
38.14
43.57
41.85
49.77
26.23
31.48
34.27
30.25
31.47
34.41
30.11
31.22
27.28
F ood P roducts (association 36).
1896..............................
1897..............................
1898..............................
1899..............................
1900..............................
1901..............................
1902..............................
1903..............................
1904..............................
1905............................1906..............................
1907..............................
450 32.00 36.67 44.89
340 25.59 37.65 44.12
286 30.42 42.65 47.90
336 29.46 36.01 40.77
382 26.70 37.96 45.29
428 24.07 35.52 42.52
453 29.80 37.53 43.05
448 22.77 34.60 11.07
513 22.22 36.45 43.28
553 25.68 35.08 41.96
623 24.08 38.20
789 29.41
46.00
47.94
50.70
45.24
46.60
46.26
46.14
45.76
48.93
35.11
35.59
30.42
30.95
33.77
32.71
32.45
33.26
31.77
Sugar (association 37).
1896.............................
1897.............................
1898.............................
1899.............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1905..
1906 .
1907.............................
509
509
462
528
517
509
544
468
481
484
521
508
19.06
14.535
15.15
14.96
14.51
13.75
16.91
10.26
a il
12.40
10.75
11.02
25.74
23.58
22.73
23.295
26.11
27.51
22.24
23.29
25.78
21.07
23.99
28.88
27.51
25.54
27.46
35.78
29.86
31.80
31.84
32.22
31.19
32.81
29.08
28.79
34.28
36.94
33.99
39.52
34.40
37.63
35.56
36.73
37.225
36.37
33.84
34.77
32.91
35.89
39.08
INDUSTRIAL* ACCIDENTS IN GERMANY, 1897 AND 1907.
93
T able 14.—DU RATION OF D ISA B ILITY AND LOSS OF EARNING PO W E R : P E R CENT OF
INJURED PERSONS RECOVERING FROM INJURIES W ITHIN FIVE Y E A R S AND LOSS OF
EARNING POW ER OF THOSE STILL DISABLED, B Y IN DU STRY GROUPS, 1896 TO 1907—
Continued.
D airying, D istilling, and Starch (association 38).
Per cent of injured persons who—
Year pension was
granted.
Num
ber of
in
jured
per
sons.
Ceased to receive pensions
because of recovery of
earning power—
For loss of earning power of—
After After After
ly r . 2yrs. 3 yrs.
1896..............................
1897..............................
1898.............................
1899.............................
1900...... .......................
1901.............................
1902.............................
1903.............................
1904.............................
1905.............................
1906.............................
1907.............................
359
360
398
453
399
431
337
309
360
389
386
409
After an average of five years
receive pensions.
23.40
22.22
21.61
22.08
19.55
la io
14.24
18.45
15.00
19.80
21.24
23.96
30.64
29.17
31.15
26.49
25.07
24.36
18.40
27.19
24.17
36.50
31.09
33.71
33.33
32.92
28.92
27.82
28.31
18.99
36.25
34 72
42.16
25 and 50 and
After Under
25 per under under
4 yrs. cent. 50 per 75 per
cent. cent.
34 26
35.56
34 67
30.25
29.83
30.16
26.41
42.07
40.00
40.11
35.27
34 93
35.32
3459
39.67
39.76
35.27
35.83
9.47
12.23
14 82
13.24
17.04
14 85
17.21
9.71
11.67
75 to
100 per Total.
cent,
inclu
sive.
Died
during
five
years.
5.85
444
3.27
5.30
5.51
4.18
2.97
2.59
3.61
1.12
2.50
2.01
3.75
2.75
2.32
2.67
2.27
1.67
56.55
54.44
55.03
57.61
59.89
61.02
62.61
49.84
52.78
9.19
10.00
10.30
12.14
10.28
a 82
10.98"
8.09
7.22
4.77
3.24
3.64
4.28
3.22
3.17
2.82
2.55
2.33
2.72
2.19
2.57
1.93
2.17
1.77
1.55
1.83
1.48
51.65
51.31
50.00
49.71
48.24
45.07
42.24
45.23
39.84
10.12
10.51
11.37
9.30
10.64
9.79
10.16
8.26
8.90
19.23 1.92
17.54 10.53
18.03 3.28
20.00 6.15
17.44 4.65
10.39 2.595
12.79 3.49
13.54 6.25
12.66 8.86
1.92
7.02
6.56
4.'61
3.49
5.195
6.98
3.12
2.53
71.15
63.16
67.21
64.61
69.77
50.65
56.98
62.50
54.43
7.69
5.26
6.56
3.08
6.98
7.79
4.65
3.13
6.33
9.33
11.86
10.23
12.47
10.76
11.30
8.65
8.89
11.24
2.67
3.73
2.55
3.84
1.57
3.04
2.41
2.18
2.50
65.00
59.66
66.75
67.62
64.35
62.57
53.92
53.72
54.53
2.33
4.07
2.56
3.12
1.79
1.85
2.82
3.45
3.28
B r e w i n g a n d M a l t in g (association 39).
1896.............................
1897.............................
1898.............................
1899..............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1905.............................
1906.............................
1907..............................
1,028
1,142
1,126
1,193
1,335
1,358
1,418
1,532
1,629
1,586
1,499
1,608
16.25
20.67
22.47
19.20
17.98
24.74
23.62
22.65
25.84
25.66
26.22
31.47
1896.............................
1897..............................
1898..............................
1899..............................
1900.............................
1901..............................
1902.............................
1903..............................
1904..............................
1905.............................
1906.............................
1907.............................
52
57
61
65
86
77
86
96
79
74
88
81
5.77
17.54
4.92
26.15
9.30
1.30
17.44
13.54
18.99
9.46
6.82
9.88
31.23
27.14
29.75
28.33
31.39
34.61
33.92
32.64
38.30
37.20
38.96
36.28
33.97
33.93
36.46
37.38
39.77
41.12
42.43
46.35
45.65
38.23
38.18
38.63
40.99
41.12
45.14
47.60
46.48
51.26
31.62
33.18
33.04
33.61
30.94
29.16
28.56
30.74
27.87
12.54
12.70
10.75
9.89
11.91
10.97
9.31
10.11
8.16
T o b a c c o (association 40).
15.38
21.05
19.67
26.15
16.28
27.27
29.07
21.88
24.05
25.67
28.41
19.23
29.83
24.59
29.23
17.44
33.77
36.05
26.04
34.18
33.78
21.16
31.58
26.23
32.31
23.25
41.56
38.37
34.37
39.24
48.08
28.07
39.34
33.85'
44.19
32.47
33.72
39.59
30.38
C l o t h in g (association 41).
1896.............................
1897..............................
1898..............................
1899..............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1905.............................
1906.............................
1907.............................
300
295
391
417
446
593
497
551
640
586
662
676
15.33
14.58
13.56
17.74
18.83
19.39
24.35
20.33
23.12
20.31
23.87
20.71
24.67
25.76
22.76
22.54
24.22
27.49
35.82
32.13
33.905
29.35
29.46
85048°—Bull. 92—11----- 7
30.00
33.90
27.11
26.14
29.82
32.04
39.24
40.47
41.41
33.28
32.67
36.27
30.69
29.26
33.86
35.58
43.26
42.83
42.19
47.33
39.66
47.83
47.00
46.19
43.68
36.82
36.84
35.63
5.67
4.41
6.14
4.31
5.83
4.55
6.04
5.81
5.16
94
BULLETIN OF THE BUREAU OF LABOR,
T a b l e 14.—DURATION OF D ISA B ILITY AND LOSS OF EARN ING PO W E R : P E R CENT OF
INJURED PERSONS RECOVERING FROM INJURIES W ITH IN FIVE Y E A R S AND LOSS OF
EARNING POW ER OF THOSE STILL DISABLED, B Y IN DU STRY GROUPS, 1896 TO 1907—
Continued.
Chimney Sweeping (association 42).
Per cent of injured persons who—
Year pension was
granted.
Num
ber of
in
jured
per
sons.
For loss of earning power of—
After
1 yr.
13.34
7.90
8.825
9.38
1896.
1897.
1898.
1899.
1900.
1901.
1902.
1903.
1904.
1905.
1906.
1907.
After an average of five years
receive pensions.
Ceased to receive pensions
because of recovery of
earning power—
10.00
£6*345
34 20.59*'
After After
2 yrs. 3 yrs.
13.33
42.11
29.41
25.00
13.79
6.67
48.28
17.24
7.69
25 and 50 and
After Under
under
per under
50 per 75 per
4 yrs. 25
cent. cent. cent.
46.67 50.00
52.63 57.89
47.06 5.88
34.38
17.86 7.145
14.29
3.45 13.79
36.67 43.33
51.72 41.38
34.48
13.34
21.05
41.18
18.75
32.145
32.14
41.38
16.665
27.58
75 to
100 per Total.
cent,
inclu
sive.
Died
during
five
years.
3.12
10.71
10.71
3.45
3.34
6.90
26.67
34.21
79.42
43.75
60.715
67.85
55.17
46.67
44.83
7.90
14.70
21.87
32.14
17.86
31.04
10.00
13.79
3.60
4.35
3.75
3.80
3.69
3.82
3.19
3.41
3.05
3.15
3.09
2.66
2.82
2.63
2.39
2.76
2.42
2.23
48.42
50.41
51.14
51.89
51.75
50.91
49.13
47.71
44.38
12.47
11.94
11.77
11.88
11.31
10.08
9.21
8.87
9.09
14.56
4.85
3.965
13.89
8.41
11.88
16.39 10.08
12.76
6.89
13.73
6.69
15.075 6.77
15.15
4.04
3.22
16.78
1.95
1.585
1.99
.84
2.42
2.11
1.85
2.35
1.61
70.88
69.84
65.84
70.59
66.55
63.03
73.235
66.32
59.68
2.91
3.57
3.96
1.68
2.76
3.52
2.15
2.70
1.61
5.04
8.80
2.78
8.84
9.60
11.18
7.78
11.59
8.14
46.22
51.20
58.335
59.18
58.40
63.15
59.445
58.54
51.11
27.73
28.00
21.295
21.77
20.80
20.40
18.33
14.02
20.00
3.33 10.00
7.90 5.26
26.48 11.76
12.50 9.38
17.86
17.86 7.14
6.89 3.45
10.00 16.665
6.90 3.45
B u il d in g T r a d e s * (associations 43-54).
1896.............................
1897.............................
1838.............................
1899.............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1905................... *........
1906.............................
1907.............................
7,556
7,930
8,550
9,058
9,012
9,118
9,877
9,983
10,385
10,582
10,696
11,031
22.58
21.90
21.60
22.43
20.67
21.37
20.07
22.18
23.38
25.62
24.56
25.74
30.93
30.66
30.87
30.08
29.12
29.23
30.39
33.26
35.89
36.19
37.12
36.05
35.50
34.71
34.54
32.77
34.95
36.90
40.15
41.77
43.01
39.11
37.65
37.09
36.23
36.94
39.01
41.66
43.42
46.53
28.79
29.40
31.56
32.30
31.91
32.00
30.78
29.95
28.51
12.88
13.57
13.17
12.97
13.52
12.70
12.40
11.93
10.59
P r in t in g a n d P u b l is h in g (a sso cia tio n 55).
1896.............................
1897.............................
1898.............................
1899.............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1905.............................
1906.............................
1907.............................
206
252
202
238
290
284
325
297
310
414
434
428
17.47
14.68
15.35
14.71
13.45
17.61
11.38
12.46
11.935
17.63
19.82
20.80
22.33
17.46
19.31
21.01
26.21
20.42
16.62
18.86
26.77
26.09
29.26
25.25
22.22
26.24
27.31
26.21
21.83
20.92
24.92
34.52
31.88
26.21
26.59
30.20
27.73
30.69
33.45
24.615
30.98
38.71
49.52
50.40
43.56
43.28
44.48
40.50
49.54
44.78
38.07
P r iv a t e R a il w a y s (association 56).
1896.............................
1897.............................
1898.............................
1S99.............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1905.............................
1906.............................
1907.............................
119
125
108
147
125
152
180
164
135
144
170
168
22.69
13.60
11.11
15.65
15.20.
12.50
16.11
13.42
11.85
13.89
13.53
19.05
22.69
17.60
13.89
15.65
16.80
14.475
18.89
20.12
18.52
20.14
21.18
24.37
20.80
15.74
17.69
19.20
16.45
21.11
23.78
24.44
25.69
26.05
20.80
20.37
19.05
20.80
16.45
22.225
27.44
28.89
16.81
24.80
24.075
23.13
29.60
30.92
35.555
27.44
25.19
i Not including institutes.
13.45
12.00
15.74
19.73
10.40
16.45
12.78
14.63
12.59
10.92
5.60
15.74
7.48
8.80
4.60
3 33
4.88
5.19
INDUSTRIAL ACCIDENTS IN GERMANY, 1897 AND 1907,
95
T able 14,—DURATION OF D ISABILITY AND LOSS OF EARNING P O W E R : P E R CENT OF
INJURED PERSONS RECOVERING FROM INJURIES W ITHIN FIVE Y E A R S AND LOSS OF
EARNING POW ER OF THOSE STILL DISABLED, B Y IN DU STRY GROUPS, 1896 TO 1907—
Continued.
Street and Small R ailroads (association 57).
Per cent of injured persons who—
Year pension was
granted.
Num
ber of
in
jured
per
sons.
Ceased to receive pensions
because of recovery of
earning power—
After
ly r .
1896.............................
1897.............................
1898.............................
1899.............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1905.............................
1906.............................
1907.............................
152 30.26
168 32.14
205 34.63
300 27.00
315 24.44
416 25.24
417 28.30
430 29.07
406 23.89
463 25.70
481 24.12
485 28.66
After an average of five years
receive pensions.
For loss of earning power of—
25 and 50 and
After After After Under
25 per under under
2yrs. 3yrs. 4 yrs. cent. 50 per 75 per
cent. cent.
32.24
36.90
40.49
37.67
29.52
34.37
36.45
36.98
35.22
39.74
35.55
37.50
41.67
45.86
40.67
32.70
38.94
40.77
42.09
39.16
44.92
39.47
45.24
49.76
41.33
34.60
40.39
42.92
44.89
41.87
32.24
23.80
20.97
26.34
28.25
29.33
25.42
31.39
30.54
10.53
16.07
11.71
12.00
11.75
11.06
11.03
7.44
11.08
75 to
100per Total.
cent,
inclu
sive.
Died
during
five
years.
4.60
4.17
3.90
4.00
5.40
4.08
5.52
3.49
2.71
2.63
1.79
3.90
2.33
a 98
3.60
5.28
5.12
4.69
50.00
45.83
40.48
44.67
52.38
48.07
47.25
47.44
49.02
10.53
8.93
9.76
14.00
13.02
11.54
9.83
7.67
9.11
3.52
3.93
3.42
3.80
3.87
3.69
4.27
3.10
2.57
3.44
3.22
3.55
2.15
3.87
4.03
3.13
2.54
1.98
44.89
47.83
47.61
46.22
46.81
47.80
47.23
42.46
40.62
11.91
11.64
9.97
10.68
10.37
8.77
8.05
8.66
7.86
E xpress and Storage (association 58).
1896..............................
1897..............................
1898.............................
1899..............................
1900.............................
1901.............................
1902..............................
1903..............................
1904..............................
1905.............................
1906.............................
1907..............................
1,310
1,426
1,464
1,761
1,861
2,086
2,272
2,678
2,925
3,406
3,562
3,932
28.02
28.33
27.87
29.19
27.08
25.65
26.72
27.48
28.48
32.35
33.55
33.11
35.50
34.36
36.34
36.97
35.25
35.23
36.88
37.41
40.51
44.68
46.49
40.15
38.92
40.095
40.49
39.82
39.98
41.72
44.33
47.01
52.08
43.20
40.53
42.42
43.10
42.82
43.43
44.72
48.88
51.52
27.02
29.25
27.53
29.59
26.98
29.00
29.09
27.22
26.46
10.91
11.43
13.11
10.68
12.09
11.08
10.74
9.60
9.61
/
L ivery , D rayage , Cartage, etc. (association 59).
1896..............................
1897..............................
1898.............................
1899..............................
1900..............................
1901..............................
1902..............................
1903.............................
1904.............. ..............
1905..............................
1906..............................
1907.............................
1,216
1,242
1,363
1,401
1,345
1,712
1,613
1,874
1,835
2,134
2,193
2,500
22.04
25.68
23.41
25.91
24.61
20.97
22.07
21.72
22.51
27.23
29.05
31.96
32.16
32.29
31.77
35.19
32.41
29.67
31.87
30.52
34.99
38.33
43.50
36.93
35.59
35.36
37.97
35.17
33.70
37.82
36.98
42.34
46.91
39.39
38.65
37.93
40.62
38.07
36.86
42.53
42.16
47.19
28.20
29.86
28.54
28.34
27.58
28.44
27.84
28.81
25.40
12.34
10.55
12.40
10.92
13.08
13.37
10.54
10.83
9.60
3.05
4.43
4.11
4.42
3.87
3.86
3.35
3.63
2.88
2.55
2.18
2.49
2.28
2.53
3.45
2.91
2.78
2.34
46.14
47.02
47.54
45.96
47.06
49.12
44.64
46.05
40.22
14.47
14.33
14.53
13.42
14.87
14.02
12.83
11.79
12.59
3.50
3.42
3.68
3.81
4.38
3.96
4.13
4.99
1.73
1.75
3.23
2.52
2.95
2.36
3.07
2.70
3.43
1.19
38.70
36.44
39,54
35.36
37.27
37.33
38.25
38.85
33.87
32.40
27.70
28.68
28.42
27.66
22.26
24.13
22.86
22.35
I nland Navigation (associations 60-62).
1896..............................
1897..............................
1898..............................
1899..............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1905.............................
1906.............................
1907.............................
571
527
516
577
593
683
630
700
756
765
796
753
21.02
14.42
18.02
19.58
19.73
25.77
18.73
19.71
24.47
23.66
20.23
28.55
24.87
31.88
24.61
29.46
27.65
29.58
30.00
29.43
32.80
33.33
36.43
32.40
25.24
30.04
33.62
28.50
37.04
33.81
35.00
37.43
41.04
28.90
35.86
31.78
36.22
35.07
40.41
37.62
38.29
43.78
23.64
22.58
22.87
19.41
21.76
21.52
22.69
22.14
23.28
9.81
7.21
10.47
9.19
8.77
8.78
8.73
8.29
7.67
1
i
96
BULLETIN OF THE BUREAU OF LABOR.
T able 14.—DU RATION OF D ISA B ILIT Y AND LOSS OF EARNING PO W E R : P E R CENT OF
INJURED PERSONS RECOVERING FROM INJURIES W ITH IN FIV E Y E A R S AND LOSS OF
EARN ING PO W E R OF THOSE STILL DISABLED, B Y IN D U STRY GROUPS, 1896 TO 1907—
Concluded.
Marine N avigation 1 (association 63).
Per cent of injured persons who—
Year pension was
granted.
1896..............................
1897..............................
1898.............*...............
1899..............................
1900___ i ......................
1901..............................
1902..............................
1903..............................
1904..............................
1905..............................
1906..............................
1907..............................
Num
ber of
in
jured
per
sons.
Ceased to receive pensions
because of recovery of
earning power—
After an average of five years
receive pensions.
For loss of earning power of—
After
ly r .
After
2 yrs.
After
3 yrs.
25 and 50 and
After Under
under
per under
per 75 per
4 yrs. 25
cent. 50
cent. cent.
321 18.38
397 10.83
366 15.03
419 16.23
416 15.38
400 19.50
440 17.05
391 20.46
418 21.77
423 17.97
461 20.83
459 26.58
23.05
20.40
22.13
20.52
20.19
27.50
24.77
25.83
32.30
27.66
31.02
25.24
23.68
25.68
23.39
23.56
30.25
28.18
30.43
36.84
33.33
27.73
24.69
26.78
26.25
25.24
33.50
31.14
32.99
39.71
30.53
26.45
26.23
26.25
25.24
26.25
25.905
23.-02
23.92
7.16
11.08
10.92
8.11
5.77
7.50
8.64
8.70
9.10
2.81
3.02
4.65
5.49
2.89
3.25
3.18
1.53
1.67
75 to
100per Total.
cent,
inclu
sive.
2.80
2.77
2.19
2.87
1.68
2.25
2.27
3.33
3.11
43.30
43.32
43.99
42.72
35.58
39.25
39.995
36.58
37.80
Died
during
five
years.
28.97
31.99
29.23
31.03
39.18
27.25
28.865
30.43
22.49
E ngineering, E xcavating, etc.* (association 64).
1896.............................
1897.............................
1898..............................
1899.............................
1900.............................
1901.............................
1902..............................
1903.............................
1904.............................
1905.............................
1906..............................
1907..............................
1,361
1,226
1,397
1,527
1,628
1,691
1,955
1,985
2.001
2,080
1,948
2,143
26.97
25.45
30.28
26.20
20.64
19.46
25.17
24.69
24.14
26.30
33.47
31.78
35.41
42.01
36.44
33.86
30.41
32.64
33.61
35.42
37.63
41.54
44.76
49.96
41.03
42.23
35.17
34.46
34.95
40.87
42.37
45.23
47.69
44.01
42.66
45.31
40.93
35.93
39.98
45.83
47.50
50.27
28.07
30.18
27.49
29.73
35.69
31.88
28. 44
28.57
26.64
10.87
11.91
11.24
13.49
11.79
11.88
12.27
10.63
9.79
4.12
2.85
3.87
4.12
3.62
3.96
3.44
3.42
3. CO
2.79
2.04
2.14
2.95
2.77
2.66
3.12
2.42
2.35
45.85
46.98.
44.74
50.29
53.87
50.38
47.27
45.04
42.38
10.14
10.36
9.95
8.78
10.20
9.64
6.90
7.46
7.35
6.07
9.65
7.54
10.54
7.52
5.86
5.67
5.83
2.13
.88
2.77
1.47
2.73
2.09
1.62
1.42
1.17
.75
.49
.68
.63
.45
.33
53.19
51.17
52.76
53.92
53.50
45.40
41.94
40.00
3.34
1.46
1.51
2.94
1.37
1.88
2.25
2.75
10.28
9.99
6.47
0.64
.82
1.09
1.08
.58
.54
1.28
2.00
2.57
M e a t P roducts (association 65).
1897.............................
1898.............................
1899..............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1905.............................
1906..............................
1907.............................
329
342
398
408
585
956
1,111
1,200
1,236
1,117
1,120
28.27
35.09
27.89
24.76
24.45
33.89
32.58
32.00
30.34
31.87
28.13
38.60
40.94
38.19
32.35
37.95
44.46
46.00
46.42
43.20
45.66
42.25
44.44
42.97
37.74
43.25
48.54
52.75
52.75
50.49
43.47
47.37
45.73
43.14
45.13
52.72
55.81
57.25
44.99
39.47
41.70
41.42
42.57
36.82
34.20
32.42
B l a c k s m it h in g , e t c . (a sso cia tio n 66).
1902.............................
1903.............................
1904.............................
1905.............................
1906.............................
1907.............................
467
851
1,283
1,167
1,179
929
22.70
28.79
33.67
30.42
39.61
34.44
40.90
42.54
44.82
50.47
54.20
50.75
49.12
56.74
59.73
54.60
55.47
63.68
44.12
42.53
33.75
i Not including institute.
32.12
31.14
25.65
WORKMEN’S
COMPENSATION AND INSURANCE: LAWS
BILLS, 1911.
AND
LINDLEY D. CLARK, A. M., LL. M.
In the Bulletin of the Bureau of Labor for September, 1910,
there was published a review of the conditions then existing in the
movement in various States for modifications in the laws governing
the recovery of damages or of compensation for injuries to employees.
Since that date most of the commissions named in the article have
made reports, some laws have been enacted, and the New York
compulsory compensation law has been held by the court of last
resort of that State to be unconstitutional. It is the purpose of
the present article to notice briefly the subjects presented in the
reports of the commissions, to reproduce the enacted laws and
certain bills, and to discuss briefly these laws and bills and the
decisions on the New York law.
R E PO R TS OF COM MISSIONS.
The commission of Montana is the only one of those mentioned
in the September Bulletin from which no report has been received.
The reports at hand will be considered in order.
ILLINOIS.
The report of the Illinois commission1 is a compact small octavo
volume of 249 pages, presenting a brief record of the work of the
commission; a draft of a bill; a discussion of the constitutionality
of a compensation law; records of cases heard before certain courts
of the State; the record of the coroner of Cook County, in which
the city of Chicago is situated; special studies of the coal mining
industry, railroads, manufactories, etc., from the standpoint of
hazard, and showing accident records and compensation for injuries;
and other valuable statistical and economic data. The discussion
as to constitutionality was made by the commission’s attorney,
who expressed the conviction that compulsory compensation will
be generally accepted within a decade as being within the police
power of the State to provide for. He recommended, however, as
a concession to the present state of information and public opinion,
1Report of the employers’ liability commission of the State of Illinois, 1910.
97
98
BULLETIN OF THE BUREAU OF LABOR.
that an alternative proposition be enacted, embodying compensa
tion as optional but not required, though so limiting rights and
defenses as to lead both parties to an acceptance of the compensation
provisions. “ That the law should read into every contract of
hiring a limited guaranty by the master to his servant against injury
to life or limb while the servant is going about his master’s business,
when it appears that the larger proportion of such injuries in almost
all employments are entirely incidental to the business, does not
seem any more unreasonable than that the law should conclusively
presume that the servant, upon entering the employment, volun
tarily assumes in advance all the necessary and inherent hazards
of the trade. ”
The study of the coal-mining industry— one of the largest of the
State— leads the commission to the conclusion that the adoption
of the scheme of compensation proposed, giving $2,250 for fatal
accidents as against the present average award of $168, would effect
a charge of but 1.6 cents per ton of coal mined to meet the necessary
expenditures. As to the direction of this expenditure it is said:
“ Should this prompt the exercise of extra care, as the commission
confidently anticipates, only a portion of this increase would be
utilized for the purpose of compensation, the remainder going into
the plant in additional safeguards and conveniences.”
In the other industries investigated and in the report from the
Illinois Manufacturers’ Association details of accidents showing
the nature of the injury and the form and amount of damages or
compensation on account of it are shown; also a comparison of the
present actual cost and the estimated cost under the commission’s
plan.
MASSACHUSETTS.
This commission was appointed in June of last year and submits
only a partial report, recommending that another year be given
to investigation before any bill is submitted, an earlier tentative
draft not being included in the report. A pamphlet of 23 pages 1
sketches briefly the forms of compensation in use in Great Britain,
Germany, and Norway as typical of the three systems in use in
countries having compensation systems. Tables are given showing
the period of disability in 2,849 accidents reported to the commis
sion from September 12 to November 20, 1910; also the cost of
industrial accidents in 734 establishments during 1909.
MINNESOTA.
The report of the Minnesota commission2 is devoted more to the
discussion of legal and constitutional questions than to a study
of industrial conditions. Mention should be made in this conneci Report of the commission on compensation for industrial accidents, 1911.
* Report to legislature of Minnesota employees’ compensation commission, 1911.
w o r k m e n ' s c o m p e n s a t io n a n d in s u r a n c e .
99
tion, however, of a statistical and economic study of “ Industrial
accidents and employers’ liability in Minnesota,” made by the
State bureau of labor, and published as a part of its Twelfth Bien
nial Report (1909-10). Prefaced by a brief historical sketch of the
question under consideration, there is given a summary of the laws
of foreign countries, taken from the Bulletin of the Bureau of Labor;
the action of the Federal Government is next reviewed; also that of
various States in the appointment of commissions, and particularly
the movements that led to the appointment of the Minnesota com
mission. Practically 100 of the 289 pages of the report are taken
up with a presentation of the draft of a bill proposed by the com
mission and its discussion, point by point, in which the rights and
liabilities provided are defined and court decisions cited in support
of the various provisions.
The conclusions of the commission are adverse to the constitu
tionality of a State insurance law, in view of the provisions of the
State constitution which forbid the State to engage in private busi
ness or to use the public funds in competitive undertakings as a
means of regulating the conduct of business, citing Rippe v. Becker
(56 Minn. 100), a case in which it was held that the State had not
the power to build and operate a grain elevator. The discussion
as to the constitutionality of the proposed bill is detailed and, together
with the summary, presents the argument in favor of a compensation
bill of compulsory application.
NEW JERSEY.
The report of the New Jersey commission1 is embodied in a
message of the governor to the legislature, transmitting the report.
The pamphlet of 91 pages contains the evidence taken at the hear
ings of the commission, discussions of the defenses commonly in use
in meeting actions for injuries to employees, some account of the
Chicago conference of November, 1910, and the bill proposed for
enactment. The representatives of labor on the commission, while
supporting the principle of the bill, objected to the amount of com
pensation proposed, desiring to make the maximum period 400
weeks instead of 300 weeks, which the bill provided.
OHIO.
The report of this commission1
2 consists of two octavo volumes,
each of more than 400 pages. The first volume contains the report
to the State legislature, with numerous appendices containing sum
maries and discussions of the compensation acts of foreign countries,
1Message of the governor of New Jersey transmitting to the legislature the report of commission on em
ployers’ liability, 1911.
2 Report to the Legislature of the State of Ohio by the commission appointed under senate bill No. 250
of the Laws of 1910 (employers’ liability commission, 1911).
100
BULLETIN OF THE BUREAU OF LABOR.
statistical data, Federal and State laws, drafts submitted by other
commissions, etc. The second volume is made up of minutes of
evidence and a record of the public hearings held by the commis
sion.
Considerable space is given in the report proper to a consideration
of the legal aspects of the question, while the social and economic
reasons for a change in the law are also discussed. The conclusions
of the commission were in favor of a law providing “ a uniform plan
of insurance, practically compulsory in its nature,” and the argument
as to constitutionality is, of course, directed to the support of such a
law. Besides the draft of a compensation bill, the commission
recommended an investigation of occupational diseases, an increase
in the number of factory inspectors, and an increase of the penalty
for violations of the laws requiring the installation of guards and
safety devices in factories and workshops.
WASHINGTON.
The report of the Washington commission1 is the briefest made
so far, occupying but 5 pages of a pamphlet of 48 pages, the remainder
of the volume being taken up with the proposed bill and a discussion
of its provisions from a legal viewpoint. Like the Ohio bill, the bill
offered is one that provides for State insurance, and so far from
feeling itself bound by the case cited by the Minnesota commission
it regards this case as controverted by decisions in the Slaughter
house Cases (16 Wall. (U. S.) 36), and the State Dispensary Cases
(State v. Porterfield, 47 S. C. 75; Farmville v. Walker, 101 Ya. 323;
Carsed v . Greensboro, 126 N. C. 159, etc.). It is said that “ it
ought to be a sufficient answer that in the proposed act the State
is not engaging in a business, but only creating and through State
officers disbursing funds, to which the State contributes nothing,
in the administration of the police power by the means deemed by
the legislature most effective. There is no possibility of a revenue or
profit to the State and the State is not insuring anybody or anything.”
WISCONSIN.
The report of the Wisconsin commission1
2 is a pamphlet of 98
pages, presenting a draft of a bill which is discussed section by section,
to set forth the working and purpose of the various provisions rather
than to support their constitutionality. There are about 40 pages
of tables showing the nature and results of accidents, the outcome of
damage suits, insurance costs, etc.
1 Report of commission appointed b y Gov. M. E. Hay to investigate the problems of industrial
accidents, 1910.
2 Report of the special committee on industrial insurance, 1911.
w o r k m e n ' s c o m p e n s a t io n a n d in s u r a n c e .
101
The counsel for the commission concluded that no compulsory
system of compensation could constitutionally be exacted, except
for the State and its subdivisions, while an elective system would be
possible, and, by the withdrawal of the defenses commonly offered
by employers, acceptable as well.
The commission reports that from the beginning they have agreed
that accidents or deaths suffered in industrial pursuits should be
reasonably compensated, not as a matter of charity, but as a matter
of justice; and that as a rule the manufacturers of the State have
approved a change in the conditions, and have expressed at all times
their desire to cooperate in framing a suitable bill and in gathering
helpful data. As to the matter of uniformity of legislation, the
commission regarded it as important that Wisconsin and other States,
particularly those that are adjacent, should adopt a uniform or
nearly uniform scale of compensation, though it did not think it
important that the bills should be similar as regards compulsory or
optional features.
LAWS ENACTED AND BILLS DRAFTED.
Each of the commissions that made a final report submitted there
with a draftof a bill. InNew Jersey, Washington, and Wisconsin laws
were enacted practically in accordance with the recommendations of
the reports, while the legislatures of California, Kansas, and New Hamp
shire enacted compensation laws without preceding commissions.
With many amendments, the Ohio commission’s bill passed the legis
lature. In California an amendment to the constitution of the State
has also been submitted to the vote of the people next autumn, author
izing the legislature to enact a compulsory compensation measure,
the present law being elective. Besides the commissions’ bills, it is
of interest to consider the proposed drafts of bills prepared by the
American Federation of Labor and the National Civic Federation,
and the conclusions of the Chicago conference as to the essential
features of a compensation law. All these laws, bills, and drafts
not previously printed by the Bureau are reproduced on subsequent
pages, while a tabular analysis presents a view of certain important
features of these measures, actual and proposed. Included in the
table are the previously printed laws of Maryland, Montana, and
New York on compensation and insurance. First in the table are
presented the laws of the nine States having laws of this class, the
States having compensation laws being first presented, those pro
viding for insurance systems following. The same order is observed
in presenting the bills and drafts of bills. In the tabulation, the
items noted were taken up in the order indicated in the following
discussion of the headings.
102
BULLETIN OF THE BUBEAU OF LABOR.
PRINCIPAL FEATURES OF LAWS AND BILLS.
Systems P rovided for .—As already indicated, two principal
systems are contemplated by the various laws and bills under con
sideration, compensation and State insurance. In the first, the em
ployer is not required to make any preparation in advance of possible
demands on account of injuries to his workmen; while under the
insurance system all employers coming under the law pay fixed
amounts as premiums into a State fund (county funds in Maryland)
to cover such cases as may arise, whether in their own establishments
or elsewhere. Obviously the former system is without expense to
the employer who has no accidents, while in the latter every em
ployer is at some charge, whether he has an accident in his plant or
not; but it is equally clear that the undistributed cost of a serious
accident might prove disastrous to an uninsured employer. Some,
but not all, of the laws and bills providing for compensation make at
least permissive provision for insurance by employers to meet their
liabilities under the new legislation. Where such provision is made,
a common condition is that the insuring company shall be subjected
to the liabilities of the employer so far as is appropriate, retaining
also his defenses, if any. Provision is made by statutes of Illinois
(R. S., ch. 73, sec. 309 et seq.) and South Carolina (Acts of 1903, act
No. 40) for the formation of mutual companies by employers for the
insurance of risks resulting from their liability for injuries to em
ployees. A similar measure is reported to have passed the senate of
the State of New Jersey at its session just concluded.
Either of these systems may be elective, i. e., subject to acceptance
or rejection at the option or choice of the parties affected; or com
pulsory, i. e., of necessary acceptance as a basis of determining the
rights of workmen to receive payment for injuries resulting from
labor accidents. Another variation may provide that the law shall
apply compulsorily to the State and its subdivisions, and be elective
as to private employers. Where the elective system prevails, the
parties rejecting compensation or insurance remain under a liability
system, requiring a suit at law for the determination of rights and
damages in cases of accidental injury to workmen. Under a com
pulsory system the liability law is abrogated within the scope of the
new law, unless in specified classes of cases the right is retained.
(See “ Suits for damages.” )
Insurance may be cooperative, the fund being maintained by pre
mium payments from both employers and employees, or it may be
at the cost of the employer alone.
I ndustries Covered .— The laws vary widely in their scope and
in the method of determination. Some include all industries, others
w o r k m e n ' s c o m p e n s a t io n a n d in s u r a n c e .
103
designated industries or groups of industries, and others those that
fall within a specified description. In a few cases the number of
employees is a determining factor; and in a few cases employees
classed as casual are not considered.
E lection .— Under this head are considered the methods pre
scribed for the expression by employers and workmen of their choice
as to the adoption or rejection of the system proposed. The New
Hampshire law is unique in requiring an employer making election
to show financial ability or give bond to pay the compensation pro
vided.
D efenses A brogated if E mployer does not E lect.— In case
the employer does not elect, it is usually provided that he shall not
be permitted to offer the customary defenses to actions for injuries
to workmen. This abrogation may be effected by a separate general
law, or it may form an inseparable part of the same law that offers
the new system. Of course this feature does not appear in compul
sory laws. Some laws that use the number of employees as a basis
for classification of industries covered permit employers having a
smaller number to elect to adopt the system, but provide no limita
tion of defenses in case they do not so elect.
Suits for D amages.— In only a few of the laws and bills is the suit
for damages under the liability law absolutely done away with, the
usual provision being that where the employer is personally negligent,
or is guilty of serious or willful misconduct, or violates a law enacted
for the protection of his workmen, a damage suit may be instituted
against him. This remedy is usually in lieu of the compensation
system, and the choice of one bars the alternative remedy. In Wash
ington, however, provision is made for the suit as a cumulative
remedy, but only in case the injury results from the “ deliberate
intention” of the employer. The law of this State also provides that
if an employer is in default in the payment of premiums an employee
may waive his insurance benefit and sue for damages; in such cases
the defenses of assumed risks and fellow service are abrogated and
contributory negligence is to be measured.
Special Contracts.— Under this head are considered chiefly those
provisions of the laws or bills that relate to contracts between employ
ers and their workmen modifying in any way the provisions of the
statute. Under the British compensation law the question of
“ contracting out” or superseding the provisions of the statute by a
substitute agreement has been prominent from the first. That law
permits the adoption of such schemes as provide terms not less favor
able to the workmen than those of the law. Such contracts are for
bidden in some of the laws and bills under consideration, while others
resemble the British statute in permitting them under prescribed
conditions.
104
BULLETIN OF THE BUREAU OF LABOR.
B urden of Cost.— In all the compensation schemes the employer
alone is charged with the duty of meeting the costs of the payments
provided for injury or death. In the cooperative insurance laws it is
provided, as the name implies, that the premium costs shall be shared
by the employers and workmen. In the Ohio bill the employer is
authorized to charge one-tenth of the premium against the em
ployees’ wages.
P eriod of D isability R equired to Secure Compensation.— In
practically every case a “ waiting tim e” or uncompensated period is
provided for. This period is usually one or two weeks, provision
being sometimes made for payments from the beginning where the
disability continues beyond a certain period. The Montana statute
seems not to provide for temporary disability, at least of less than 12
weeks, while the Washington statute contains no provision as to
“ waiting time.”
Compensation Provisions.— These provisions vary so widely and
abound in so many qualifications that only the principal facts in this
connection could be presented in a table. In some cases separate
provision is made for funeral expenses of employees dying as the
result of accident, while in others this expense must be met from the
amount paid as compensation. The amount to be paid is generally
scaled according to the degree of dependence or the number of bene
ficiaries while in other cases it is a fixed sum. It is a common pro
vision that medical and funeral expenses up to a certain maximum,
varying from $100 to $200, shall be paid where there are no depend
ents. Injury benefits paid prior to death are usually deducted from
the sum payable at death. In but few of the laws or proposed laws
is the fact recognized that in cases of total disability the family is
more heavily burdened than where death ensues as an early conse
quence of the injury. Questions of partial disability receive quite
varied treatment, detailed schedules of rates for specified injuries
being provided in some cases, while in others the matter is left to esti
mate and award according to the decision of a board or body intrusted
with the administration of the law. In a majority of cases separate
provision is made for medical and surgical aid; this form of benefit
has been found most important in European experience, as securing
prompt attention to injuries which might otherwise be neglected and
thus lead to prolonged or even permanent disability, when early
care might prevent these serious and burdensome consequences.
Where a continuing pension was provided, it was found necessary to
require injured workmen to avail themselves of the opportunity to
secure a restoration of the capacity for self-support, since they would
otherwise remain a burden on the fund, endangering the possibility
of its adequate maintenance. It may be noted in this connection
that in five States and one Territory the need of provision for hos
w o r k m e n ' s c o m p e n s a t io n a n d in s u r a n c e .
105
pital service for miners has been recognized by statutes providing for
the maintenance of hospitals or homes for injured or disabled miners
by taxation or mutual contributions of employers and employees.
Nearly all the laws and bills contemplate periodical payments, sub
ject to commutation by the payment of a lump sum or sums after a
specified period of time or in the discretion of an administrative
authority. Provision is also made for the revision of payments
where there is a change in the degree of disability after the preliminary
determination and award.
In practically every instance the claim of an injured workman is
made nonassignable and exempt from attachment or levy. An excep
tion in the law of Kansas permits attachments to secure payment for
medicines, physician’s attendance, and nursing. An almost equally
common provision is one that requires a claimant to submit to medical
examination at reasonable intervals— sometimes fixed— usually at the
option and cost of the employer, to determine the fact as to the extent
of the injury and of recovery therefrom.
It is provided in some laws
and bills that the injured person may have his own physician present,
while in others he may submit his physician’s statements. In a few
instances provision is made for a medical referee.
T ime for N otice and Claim .— Prospective claimants of com
pensation or benefits are usually required to notify the employer of
their intention within a specified number of days after the accident.
This requirement may be waived where the employer had actual
knowledge without such notice or where any compensation or assist
ance on account of the injury is given before the expiration of the
period named in the law. If the notice was not given within the time
named it is frequently provided that the failure shall not bar the
claim where the injured person or his beneficiary can adequately
explain the delay and the employer was not prejudiced in his rights
by the delay. It may further be provided that if he appears to have
been to some extent prejudiced thereby, the amount of compensation
shall only be reduced to that extent, and that the right shall not
entirely fail. A longer period is of course permitted for the perfecting
of the claim.
S ettlement of D isputes.— While the object of these laws and
bills is to attain as nearly as practicable to an automatic adjustment
of claims and the determination of rights without litigation, it is of
course necessary to provide for the intervention of third parties where
the employer and the employee or beneficiary fail to agree, and also
to supervise the agreements and settlements made by the parties.
This is variously provided for, sometimes by local arbitrators or
boards, either temporary or permanent, and sometimes by a State
board created for the purpose, while in other cases the matter is
intrusted to existing officials. Courts may usually be called upon,
106
BULLETIN OP THE BUREAU OP LABOR-
either by way of appeal in the settlement of disputes or to enforce the
awards made.
N onresident A lien B enepiciaries .— There is wide disagreement
on the question of compensating dependents of aliens dying from
injury, where such dependents reside outside the boundaries of the
United States. The law of Wisconsin specifically includes them,
while the New Jersey law and the Chicago conference recommenda
tions exclude them entirely; in New Hampshire only residents of the
State may be beneficiaries; other laws consider only designated
classes of beneficiaries or reduce the amount of benefits payable,
while in other cases no mention is made. In these last cases it is
fair to assume that the views of the courts on the law giving survivors
a light of action in case of death (Lord Campbell’s Act) would govern.
On this view,'Illinois (Kellyville Coal Co. v. Petraytis, 195 111. 215;
63 N. E. 94), Minnesota (Renlund v. Mining Co., 89 Minn. 41; 93
N. W . 1057), New York (Alfson v. Bush Co., 182 N. Y . 393; 75 N. E.
230), and Ohio (Pittsburg, etc., R. Co. v. Naylor, 73 Ohio St. 115;
76 N. E. 505) would place nonresident alien claimants on the same
footing as residents or citizens. No citation is at hand showing the
attitude of the Maryland courts, though Pennsylvania (Maiorano v.
R . Co., 216 Pa. 402; 65 Atl. 1077) and Wisconsin (McMillan v. Spider
Lake Sawmill & Lumber Co., 115 Wis. 332; 91 N. W . 979) are the
only States, so far as a careful examination of the subject discloses,
which exclude aliens; while a number of States besides those named
grant equal rights to residents and nonresidents. The difficulty of
determining the rights and conditions of claimants residing abroad,
and the differences in the standards of living and in the purchasing
power of money are offered as reasons for putting such claimants on
a different footing from those who are residents of the United States,
at least to the extent of reducing the amount of the payments. It
may here be noticed that at the Sixth General Meeting of the Inter
national Association for Labor Legislation, held at Lugano, Switzer
land, in September, 1910, resolutions were adopted requesting the
American section of this body to urge on the legislatures of the vari
ous States an equal provision for aliens with that accorded citizens.
QUESTIONS OF CONSTITUTIONALITY.
The question of the desirability of laws to supersede the employers’
liability laws is treated differently in the various reports, the con
clusion, however, being the same in all cases. The statistical studies
presented are in part to afford a basis for estimates of costs, though
it is admitted that no adequate basis for an exact determination now
exists; while other statistics are given to demonstrate “ the present
wasteful, impractical, and obviously unjust methods of dealing
with work accidents.” (Wisconsin report.) Gov. Fort, of New
PRINCIPAL FEATURES OF LAWS, BILLS, AND DRAFTS OF BILLS RELATIVE TO WORKMEN’ S COMPENSATION AND INSURANCE
How election is made.
States, etc.
System provided
for—
Industries covered.
C o m p e n sa tio n ,
elective (com
pulsory as to
State and mu
nicipalities).
All (casual employees
excepted).
C o m p e n sa tio n ,
elective.
Defenses abrogated if
employer does not
elect.
Suits for damages are— Special contracts.
B u rd e n o , c o s t l ^ d
i
By employer.
By employee.
Writing f i l e d
with indus
trial accident
board.
If e m p l o y e r
elects,
pre
sumed in ab
sence of writ
ten notice.
None (assumed risks
and fellow-service
abrogated, and com
parative negligence
enacted by general
liability law).
Permitted in lieu of
compensation if em
ployer was person
ally grossly negli
gent or violated a
safety law.
Employer may in
sure or maintain
a benefit fund,
but may not re
d u c e liability
fixed by law.
Employer..
“ Especially danger Writing f i l e d
with secretary
ous” (enumerated
of state.
list) where 15 or more
workmen are em
ployed.1
“ Dangerous”
(enu Writing f i l e d
with commismerated list).
si o n er of
labor, w i t h
— do...............
Assumed risks, fellow- Permitted in lieu of
compensation if em
service;
contribu
ployer was person
tory negligence to
be measured.1
ally negligent.
Approved schemes
may be substi
tuted.
..d o ...
=
Compensation for—
-
must continue—
Death.
Total disability.
Partial disability.
Nonresident alien
beneficiaries of de
ceased workmen.
Time for notice and
claim.
Disputes settled
by-
During first 90 days; not
to exceed $100.
Notice in 30 days;
claim in 1 year.
Industrial
acci
dent board; lim
ited appeals to
courts.
Only if employee dies
leaving no depend
ents.
Notice in 10 days;
claims in 6 months.
Local committees $750 maximum
or arbitrators;
except to resi
court r e v i e w
dents of Canada.
allowed.
•
Proceedings
i n Beneficiaries must
equity.
be residents of
State.
Medical and surgical aid.
LAWS.
California.
New Hampshire
.do..
p r o o f of
financial abil
ity or bond.
Presumed in ab
sence of writ
ten notice.
New Jersey.
.do..
All..
New York.
.do..
All but railroads.
Writing f i l ed
with county
clerk.
All (casual employees
excepted).
Writing filed
with State In
dustrial Acci
dent Board.
Wisconsin..
C om p en sa tion ,
elective (comState^and its
municipalities).
Maryland.
S t a t e insurance,
c o o p e r a tiv e ,
compulsory.
.do..
Montana..
Washington..
If e m p l o y e r
elects, p r e sumed in ab
sence of writ
ten notice.
Writing f i l ed
with county
clerk.
If e m p l o y e r
elects, p r e
sumed In ab
sence of writ
ten notice.
State insurance,
compulsory.
“ Extra hazardous”
(enumerated list);
elective as to all
others.
C o m p e nsation,
elective.
All (casual employees
excepted).
Presumed In ab
sence of writ
ten n o t i c e ;
mus t f i l e
notice to bind
employees.
Minnesota..
C om p en sation,
“ Dangerous” (all in
which personal in
juries hereafter occur
by accident).
Ohio
hio (as passed
by the legisla
ture).
State insurance,
c o o p e r a tiv e ,
elective.
All.
compulsory.
If e m p l o y e r
elects, p r e
sumed in ab
sence of writ
ten notice.
C om p en sation ,
compulsory.
.do-
National Civic
Federation.
Chicago Confer
ence.
.do..
Assumed risks, fellows e r v i c e , contrib
u t o r y negligence
unless willful.
Not permitted after
electing to receive
compensation.
.do..
.do..
None; restricts de Permitted in lieu of
compensation if em
fenses of assumed
risks and f el l o w ployer was guilty of
service;
requires
serious or willful
misconduct, or vio
proof of contributory
lated safety law.
negligence.
Assumed risks, fellow Not permitted after
electing to receive
service (if 4 or more
compensation.
employees).
.do..
.do..
g
By payment of
premium.
Presumed after
employer has
posted notice
of payment.
‘ Dangerous” (enum
erated list).
“ Hazardous” (enum
erated list; casual
employees excepted)
Compulsory State All..
insurance
if
p r a c tic a b le ?
otherwise, com
pulsory com
pensation.
1Employers having fewer employees may elect, but lose no defenses If they do not.
86048°—Bull. 92—11. (To face page 106.)
Forbidden.
.do..
Assumed risks, fellow- Permitted in lieu of
compensation where
service.
employer willfully
fails to comply with
a statute.
.do..
May be made, but
employer must
pay all statu
tory benefits.
Permitted for short
term injuries; also
in lieu of compensa
tion if employer
was personally neg
ligent.
Permitted in lieu of
compensation i f em
ployer was person
ally negligent.
Not permitted............
25 to 60 per cent of 50 per cent of wages for
wages for 300 weeks;
400 weeks; $5 mini
mum, $10 maximum.
$5 minimum, $10 max
imum; no dependents,
$ 200.
1,200 times daily earn 50 per cent of wages (not
ings; $3,000 maximum;
more than $10 weekly)
for not more than 8
no dependents, $100.
years.
.do..
More than 1 week 4 years’ earnings; $1,500 65 per cent of wages, if
minimum, $3,000 max
(payment
for
nurse is required. 100
first week if disimum; no dependents,
per cent after 90 days;
a b i l i t y lasts
$ 100.
no total to exceed 4
more than 4
years’ earnings.
weeks).
Employer and More than 1 week.. $1,500.
With maiming, $750
employee
without maiming, $1
jointly.
per working day for 52
weeks after first.
.do..
M o r e t h a n 12 $3,000.
$1per working day dur
w e e k s ; then
ing disability.
compensated
from first day if
pronounced
permanent.
Employer..
Any time. (Law $75 funeral expenses; $20 per month if single,
fixes no mini
spouse receives $20
$25 if married; for each
mum period.)
monthly until death
child up to 2, $5 per
or remarriage; each
month.
child up to 3, $5 per
month.*
.do..
More than 1 week,
then compensa
tion from first
day.
.do.
More than 2 weeks. $100 funeral expenses; 50
per cent of wages for 5
years; $3,000 maxi
mum.
50 per cent of wages for 5
years; $5,000 maxi
mum.
More than 1 week, $150 funeral expenses; 66}
per cent of wages for
6 years; $1,500 min
imum, $3,400 maxi
mum.
66}
Employer, 90
percent; em
ployee,
io
per cent.
Assumed risks, fellow Permitted in lieu of
compensation If in
service, contributory
jury was caused by
negligence.
willful act of em
ployer, or failure to
comply with safety
law.
* These defenses are not abrogated where an employee sues an employer who has elected to use the compensation system.
No reduction of
liability allowed.
Permitted in addition
to insurance bene
fits if injury re
sulted f r o m d e
liberate intention of
employer.
Not permitted as to
industries covered.
DRAFTS BY
ASSOCIA
TIONS, ETC.
American Feder
ation of Labor.
Permitted in lieu of
compensation if emoyer w i l l f u l l y
iled to c o m p l y
with safety law.
.do..
BILLS
OF
STATE COM
MISSIONS.
Illinois................
None (assumed risks,
fellow-service and
contributory negli
gence restricted by
liability provisions
of statute).
Permitted in lieu of
compensation.
Coal and clay mining
in Allegany a n d
Garrett c o u n t i e s
only.
Coal mining.................
More than 1 week. 3 years’ earnings; $1,000 65 per cent of weekly 65 per cent of wage de
minimum, $5,000 max
wages; if nurse is re
crease; wages consid
imum; no dependents,
quired, 100 per cent;
ered and total pay
$ 100.
minimum wages per
ments same as for total
annum, $333.33; max
disability.
imum, $1,666.66; lim
its, same as for death.
More than 2 weeks. 3 years’ earnings; $1,200 50 per cent of weekly 25 to 50 per cent of
minimum, $3,600 max
earnings; $6 mini
weekly earnings; $3
imum; no depend
mum, $15 maximum,
minimum, $12 maxi
ents, $100.
for not more than 10
mum, for not more
years.
1
than 10 years.
.do..
150 times weekly earn 50 per cent of average 50 per cent of wage loss;
ings, not more than
maximum, $10 per
w e e k l y earnings;
$3,000; no dependents,
maximum, $10 for not
week, not more than
$100.
more than 300 weeks.
300 weeks.
Approved schemes Employer..
may be substi
tuted.
.do..
.do..
.do..
.do..
3 years’ earnings; $1,500 50 per cent of weekly
minimum, $3,000 max
earnings for 8 years, $5
imum; no dependents,
minimum, $10 maxi
$150.
mum.4
pe cent of wages
until ieatn, if permanently disaib le d /
More than 2 weeks. 3 years’ earnings; $1,000 50 per cent of earnings;
minimum, $5,000 max
not over $15 weekly,
imum; no dependents,
nor for more than 10
$200.
years unless perma
nently totally dis
abled.
3 years’ earnings; $3,000 50 per cent of weekly
.do.,
maximum; no depend
earnings; $10 maxi
ents, $100.
mum for not more
than 10 years.
60 per cent of earnings
50 per cent of earnings
.do..
for 300 weeks; not
for 300 weeks, not over
over $10 weekly; no
$10weekly.
dependents, $200.
.d o .
Proportionate, f i x e d
scale (sec. 11, c).
During first 2 weeks; not
over $100.
50 per cent of wage de
crease; same limits as
total disability.
Only if employee dies
leaving no depend
ents.
65 per cent of wage de
crease; no total to ex
ceed 4 years’ earnings.
With
Notice as soon as prac
ticable, and before
leaving s e r v i c e ;
claims in 6 months.
Notice in 30 days; in
90 days if employee
can justify delay and
employer was not
prejudiced thereby.
Notice as soon as prac
ticable, and before
leaving s e r v i c e ;
claimm 6 months.
Judge of court of
common pleas.
For not more than 90
days.
Notice in 30 days,
claim in 2 years.
State Industrial
A c c i d e n t
Board; appeal
to courts.
$375.
In maiming cases, $1 per
working day for 26
weeks after first.
Appeal, 12 months
after i n j u r y ; 6
months after death.
County commis
sioners; appeals
lie to courts.
Loss of limb o r e y e ,
$ 1,000.
At discretion of State
auditor.
State auditor........
Proportionate; not over
$1,500.
50 per cent of benefits
added for first 6
months of total tempo
rary disability; not
more than 60 per cent
of wages in all.
Claim in 1 year............ Industrial Insur
ance
Depart
ment; appeal to
courts.
50 per cent of wage de
crease. Loss of hand
or foot, 1} years’ earn
ings; eye,} year’s earn
ings (year’s earnings,
$500 minimum, $1,000
maximum).
50 per cent of wage de
crease (not over $2,000
per year considered)
for 5 years; schedule
for maiming.
66} percent of wage de
crease for 6 vears; $5
per week minimum,
$12 maximum; not
over $3,400 in all.
During first 90 days.
Notice as soon as practicable; claim in 6
months.
During first 2 weeks; not
over $100.
Notice in 30 days; In County boards of
arbitration; suits
90 days if employee
only to recover
can justify delay and
employer was not
awards.
prejudiced.
State
Liability
To be fixed by board..
Board of Awards;
limited appeal to
courts.
maiming,
Not to exceed $200.
Excluded.
Courts...................
Arbitrators
each case.
Included.
Only widow and
c h i l d r e n
considered.
Only father and
mother
con
sidered.
fo r
Proportionate; not more
than for total dis
ability.
First aid only.
Notice in 30 days;
claim in 6 months.
Local arbitrators;
appeal to courts.
No m e n t i o n ;
workmen leav
ing
United
States f o r f e i t
compensation.
50 per cent of wage de
crease; same limits as
for total disability.
Only if employee dies
leaving no depend
ents.
Notice in 7 days;
claim in 6 months.
Local commission
or court.
$1,000 maximum,
except to resi
dents of Can
ada.
Excluded.
.do..
During first 2 weeks;
not over $100.
Board of arbitra
tion.
* If a widow remarries she receives a lump sum of $240. If there are children and no widow they receive $10 per month each, but not more than $35 in all, until 16 years of age.
« If complete disability still continues, “ then a compensation during life, equal to 8 per cent of the death benefit.”
w o r k m e n ' s c o m p e n s a t io n a n d in s u r a n c e ,
107
Jersey, in transmitting the commission's report to the State legisla
ture urges such a measure as the commission recommends as one that
“ will work right and justice in the place of the present inequalities
and unjust results," and thus secure “ a great advance in the eco
nomic problem of solving the questions between labor and capital."
Assuming these points, and acknowledging the economic need of a
different mode of providing for the results of industrial accidents, the
question of constitutionality remains. As already indicated, the sys
tems of insurance and compensation each have their supporters on
the ground of constitutionality. In this connection attention may be
called to the attitude of a number of students of the question at a
recent meeting of the American Academy of Political and Social
Science, where, in a discussion of the decision of the court of appeals
of New York holding the compulsory compensation law of that State
unconstitutional, there was a very considerable expression in favor
of compulsory State insurance. The opinion of the court in the case
referred to is reproduced at pages 253 to 275. It can not be regarded
as determinative universally of the principles set forth as controlling
in that State, since, as stated by the court itself, they might receive
a different construction elsewhere, but, in the view held of the pro
visions of the State constitution, that could not affect conditions in
New York. The question of elective systems of either compensation
or insurance would remain open, even if compulsory systems are
regarded as in conflict with controlling constitutional principles.
Recommendations have been made of bills formally elective but in
practical effect compulsory, rendered so by the withdrawal of the
employers' customary defenses, which is constitutional. While this
action is in a sense coercive, it is pointed out that the employer will
prefer to accept a limited liability in a wider range of cases if he is at
the same time relieved of the danger of harassing lawsuits for exces
sive damages, that he will be readily able to insure his liability, and
that he can in large measure add the expense to cost of manufacture
and distribute the burden among consumers. As to this last point,
objection is made on behalf of street railway companies or others who
like them are restricted by their charters or otherwise to a fixed rate
of charges. It is assumed that the employee will accept the substi
tute for damage suits because of its certainty of results as against the
uncertainty of the action for damages, because of the promptness
with which relief will be afforded, and because the full amount will
reach him instead of being in large part consumed in attorneys' fees
and court expenses. It is also suggested that a system which would
necessarily be elective as to the employer might be constitutionally
compulsory to the employee, since by it he was granted new benefits
to which the enacting power might lawfully attach the condition
o f exclusiveness as a remedy. It would appear, however, that a law
108
BULLETIN OF THE BUREAU OF LABOR.
making compensation an exclusive remedy and depriving the em
ployee of the power to sue, would take away as valid a right as
that which an employer has to have the questions involved determined
by due process of law. By election, of course, the parties adopt the
provisions of the statutes as a part of the contract of employment, in
the exercise of their right to contract freely. It may here be noted
that in continental Europe the right to sue is entirely superseded by
the provisions of the compensation or insurance systems adopted; and
that in Great Britain, while the right to sue is retained, it is of small
practical importance, the great majority of injury cases being taken
up under the compensation law. It may also be remarked that no
country having once adopted a compensation or insurance system
has ever returned to the liability system.
The arguments for constitutionality are supported in the reports
by citations to cases a considerable number of which are mentioned
in the article in Bulletin No. 90, previously referred to. A case not
there mentioned but referred to with considerable emphasis in some
of the reports is that of Bertholf v. O’Reilly (74 N. Y. 509), in which
a law of the State of New York giving redress against owners of saloon
property for damages resulting from the sale of liquor by a tenant
was upheld as constitutional. This was cited to show that personal
fault is not necessary to charge liability, and that new liabilities
might be created by statute. The recent opinion of the Supreme
Court in the case of Noble State Bank v. Haskell (219 U. S. 104; 31
Sup. Ct. 186), is also cited as setting forth the rights of the State in
the exercise of its police power. The law under consideration in this
case was that of Oklahoma creating a depositors’ guaranty fund to
which State banks were to contribute as a means of guaranteeing
deposits in banks that may become insolvent. The bank contended
that the statute deprived it of property without due process of law
in requiring payments for the ultimate or possible benefit of deposi
tors in other banks, thus violating the provisions of the fourteenth
amendment to the Federal Constitution. Justice Holmes, speaking
for a united court, said:
In answering that question, we must be cautious about pressing
the broad words of the fourteenth amendment to a drily logical
extreme. Many laws which it would be vain to ask the court to over
throw could be shown, easily enough, to transgress a scholastic inter
pretation of one or another of the great guaranties in the Bill of
Rights. They more or loss limit the liberty of the individual, or
they diminish property to a certain extent. We have few scientific
ally certain criteria of legislation, and as it often is difficult to mark
the line where what is called the police power of the States is limited
by the Constitution of the United States, judges should be slow to
read into the latter a nolumus mutare as against the lawmaking power.
The substance of the plaintiff’s argument is that the assessment
takes private property for private use without compensation. And
w o r k m e n ' s c o m p e n sa t io n a n d in s u r a n c e .
109
while we should assume that the plaintiff would retain a reversionary
interest in its contribution to the fund, so as to be entitled to a return
of what remained of it if the purpose were given up (see Danby Bank
v. State Treasurer, 39 Vt., 92, 98), still there is no denying that by
this law a portion of its property might be taken without return to
pay debts of a failing rival in business. Nevertheless, notwithstand
ing the logical form of the objection, there are more powerful con
siderations on the other side. In the first place, it is established by a
series of cases that an ulterior public advantage may justify a com
paratively insignificant taking of private property ror what, in its
immediate purpose, is a private use. [Cases cited.] And in the next
it would seem that there may be other cases beside the everyday one
of taxation, in which the share of each party in the benefit of a scheme
of mutual protection is sufficient compensation for the correlative
burden that it is compelled to assume. A t least, if we have a case
within the reasonable exercise of the police power as above explained,
no more need be said.
It may be said in a general way that the police power extends to all
the great public needs. (Camfield v. United States, 167 U. S., 518;
17 Sup. Ct., 864.) It may be put forth in aid of what is sanctioned
by usage, or held by the prevailing morality or strong and preponder
ant opinion to be greatly and immediately necessary to the public
welfare. If, then, the legislature of the State thinks that the public
welfare requires the measure under consideration, analogy and prin
ciple are in favor of the power to enact it.
We can not say that the public interests to which we have adverted,
and others, are not sufficient to warrant the State in taking the whole
business of banking under its control. On the contrary, we are of
opinion that it may go on from regulation to prohibition except upon
such conditions as it may prescribe. In short, when the Oklahoma
Legislature declares by implication that free banking is a public
danger, and that incorporation, inspection, and the above-described
cooperation are necessary safeguardsr this court certainly can not
say that it is wrong.
It has been stated that the court of appeals of New York declared
the compulsory compensation law of that State covering designated
dangerous employments (Acts of 1910, ch. 674; see Bulletin No. 90,
pp. 713, 714) unconstitutional. The case was first heard in the
supreme court (Erie County), in which the statute was held to be a
valid exercise of the police power of the State, quoting from an opinion
of the United States Supreme Court to the effect that the Federal
Constitution, “ which is necessarily and to a large extent inflexible
and exceedingly difficult of amendment, should not be so construed
as to deprive the States of the power to so amend their laws as to
make them conform to the wishes of the citizens as they may deem
best for the public welfare without bringing them into conflict with
the supreme law of the land.” (Holden v. Hardy, 169 U. S. 366; 18
Sup. Ct. 383.) The right to classify and legislate for dangerous
employments was supported by reference to the decision in the case
85048°—Bull. 92—11---- 8
110
BULLETIN OF THE BUBEAU OF LABOR.
Missouri P. R. Co. v. Mackey (127 U. S. 205, 8 Sup. Ct. 1161). Judg
ment was therefore rendered in favor of the plaintiff (Ives v. South
Buffalo Railway Co., 124 N. Y. Supp. 920), whereupon the company
appealed, securing a reversal of this judgment. The court of appeals
in its opinion (pp. 253 to 275) admits “ the cogent economic and socio
logical arguments which are urged in the support of the statute,”
but finds itself powerless, under its conception of the limitations set
by the State constitution, to do other than hold the law invalid as
taking the property of the employer without due process of law.
The cases -cited by the supporters of the law are considered and the
conclusion reached that they do not in fact sustain it as valid.
The conclusion that in considering the question of constitutionality
the weight of economic reasoning can not control is of interest in com
paring this discussion with the efforts of the courts to justify their
departure from the doctrine of respondeat superior in accepting the
defense of fellow service. The reasons offered by the courts for this
rule have been various, one being found in the view that the master’s
responsibility is at an end when he has used ordinary care to employ
competent servants. It is held that the employee assumes the risk
of the possible negligence of a coemployee as one of the incidents of
employment. (Hough #. Texas & P. R. Co., 100 U. S. 213; 25 L. Ed.
612.) In another opinion of our Supreme Court it was said that the
obvious reason for exempting the employer from liability is that the
employee has or is supposed to have such risks in contemplation when
he engaged in the service, and his compensation is arranged accord
ingly, so that he can not in reason complain if he suffers from a risk
which he has voluntarily assumed, and for the assumption of which
he is paid. (Chicago, M. & St. P< R. Co. v. Ross, 112 U. S. 377; 5
Sup. Ct. 184.) Another reason is found in alleged grounds of public
policy as tending to make the employees more watchful over their
own conduct and that of their fellows, thus benefiting employers,
employees, and the public alike by the greater care with which they
perform their duties. (Chicago, M. & St. P. R. Co. v. Ross, supra.)
In close connection herewith is the claim that any marked enlarge
ment of liability to capital would lead to the withdrawal of capital
from industrial enterprise, thus reducing the opportunities of employ
ment and inflicting damage upon the whole community. (New
Pittsburg Coal & C. Co. v. Peterson, 136 Ind. 398; 35 N. E. 7.) The
last two reasons have perhaps been most frequently relied on as sup
porting the customary rule, though no such results as are therein
indicated have followed the adoption of statutes greatly enlarging
the rights of employees to recover for injuries following upon indus
trial accidents.
The finding of unconstitutionality as to the compulsory statute has
of course no effect on the elective statute previously enacted; nor
w o r k m e n ' s c o m p e n sa t io n a n d in s u r a n c e .
I ll
does it affect the amendments to the liability law of the State incor
porated in the same chapter. A proposition looking toward an
amendment to the State constitution, authorizing a compulsory
compensation law, was under consideration by the legislature as this
article was concluded.
Following are the laws, bills, and drafts discussed above and not
previously reproduced:
TEXT OP LAWS.
CALIFORNIA.
ACT A PPR O V E D A P R IL 8,1911.
/
S ection 1. In any action to recover damages for a personal injury sustained within
this State b y an employee while engaged in the line of his duty or the course of his
employm ent as such, or for death resulting from personal injury so sustained, in which
recovery is sought upon the giound of want of ordinary or reasonable care of the
employer, or of any officer, agent or servant of the employer, the fact that such
employee may have been guilty of contributory negligence shall not bar a recovery
therein where his contributory negligence was slight and that of the employer was
gross, in comparison, but the damages may be diminished b y the jury in proportion
to the amount of negligence attributable to such employee, and it shall be conclu
sively presumed that such em ployee was not guilty of contributory negligence in any
case where the violation of any statute enacted for the safety of employees contributed
to such em ployee’s injury; and it shall not be a defense:
(1) That the employee either expressly or im pliedly assumed the risk of the hazard
complained of.
(2) That the injury or death was caused in whole or in part b y the want of ordinary
or reasonable care of a fellow servant.
Sec. 2. No contract, rule or regulation, shall exempt the employer from any of the
provisions of the preceding section of this act.
S ec . 3. Liability for the compensation hereinafter provided for, in lieu of any other
liability whatsoever, shall, without regard to negligence, exist against an employer
for any personal injury accidentally sustained b y his employees, and for his death
if the injury shall approximately cause death, in those cases where the following
conditions of compensation concur:
(1) Where, at the time of the accident, both the employer and employee are sub
ject to the provisions of this act according to the succeeding sections hereof.
(2) Where, at the time of the accident, the employee is performing service growing
out of and incidental to his employm ent and is acting within the line of his duty or
course of his employment as such.
(3) Where the injury is approximately caused b y accident, either with or without
negligence, and is not so caused b y the willful misconduct of the employee.
And where such conditions of compensation exist for any personal injury or death,
the right to the recovery of such compensation pursuant to the provisions of this act,
and acts amendatory thereof, shall be the exclusive remedy against the employer for
such injury or death, except that when the injury was caused b y the personal gross
negligence or willful personal misconduct of the employer, or b y reason of his viola
tion of any statute designed for the protection of employees from bod ily injury, the
employee may, at his option, either claim compensation under this act, or maintain
an action for damages therefor; in all other cases the liability of the employer shall be
the same as if this and the succeeding sections of this act had not been passed, but
shall be subject to the provisions, of the preceding sections of this act.
S ec . 4. The following shall constitute employers subject to the provisions of this
act within the meaning of the preceding section:
(1)
The State, and each county, city and county, city, town, village and school
districts and all pu blic corporations, every person, firm, and private corporation,
(including any public service corporation) who has any person in service under any
contract of hire, express or im plied, oral or written, and who, at or prior to the time
of the accident to the em ployee for which compensation under this act may be claimed,
shall, in the manner provided in the next section, have elected to become subject to
the provisions of this act, and who shall not, at the time of such accident, have with
drawn such election, in the manner provided in the next section.
112
BULLETIN OF THE BUREAU OF LABOR*
Sec. 5. Such election on the part of the employer shall be made by filing with the
industrial accident board, hereinafter provided for a written statement to the effect
that he accepts the provisions of this act, the filing of which statement shall operate,
within the meaning of section three of this act, to subject such employer to the pro
visions of this act and all acts amendatory thereof for the term of one year from the date
of the filing of such statement, and thereafter, without further act on his part, for
successive terms of one year each, unless such employer shall, at least sixty days
prior to the expiration of such first or any succeeding year, file in the office of said
board a notice in writing to the effect that he withdraws his election to be subject
to the provisions of the act.
Sec. 6. The term “ em ployee ” as used in section three of this act shall be construed
to mean:
(1) Every person in the service of the State, or any county, city and county, city,
town, village or school district therein, and all public corporations, under any appoint
ment or contract of hire, express or im plied, oral or written, except any official of the
State, or of any county, city and county, city, town, village or school district therein
or any public corporation, who shall have been elected or appointed for a regular term
of one or more years, or to complete the unexpired portion of any such regular term.
(2) Every person in the service of another under any contract of hire, express or
implied, oral or written, including aliens, and also including minors who are legally
permitted to work under the laws of the State, (who, for the purposes of the next
section of this act, shall be considered the same and shall have the same power of
contracting as adult employees), but not including any person whose employment
is but casual and not in the usual course of the trade, business, profession or occupation
of his employer.
Sec. 7. A n y employee as defined in subsection (1) of the preceding section shall be
subject to the provisions of this act and of any act amendatory thereof. A n y em
ployee as defined in subsection (2) of the preceding section shall be deemed to have
accepted and shall, within the meaning of section 3 of this act be subject to the pro
visions of this act and of any act amendatory thereof, if, at the time of the accident
upon which liability is claimed:
(1) The employer charged with such liability is subject to the provisions of this
act, whether the employee has actual notice thereof or not; and
(2) A t the time of entering into his contract of hire, express or implied, with such
employer, such employee shall not have given to his employer notice in writing that
he elects not to be subject to the provisions of this act, or, in the event that such con
tract of hire was made in advance of such employer becoming subject to the provisions
of the act, such employee shall, without giving such notice, remain in the service of
such employer for thirty days after the employer, has filed with said board an election
to be subject to the terms of this act.
Sec. 8. Where liability for compensation under this act exists the same shall be
as provided in the following schedule:
(1) Such medical and surgical treatment, medicines, medical and surgical supplies,
crutches and apparatus, as. may be reasonably required at the time of the injury and
thereafter during the disability, but not exceeding ninety days, to cure and relieve
from the effect of the injury, the same to be provided b y the employer, and in case of
his neglect or refusal seasonably to do so, the employer to be liable for the reasonable
expense incurred b y or on behalf of the employee in providing the same: Provided,
however, That the total liability under this subdivision shall not exceed the sum of
$ 100.
(2) If the accident causes disability, an indemnity which shall be payable as
wages on the eighth day after the injured employee leaves work as the result of the
injury, and weekly thereafter, which weekly indemnity shall be as follows:
(a) If the accident causes total disability, sixty-five per cent of the average weekly
earnings during the period of such total disability: Provided, That if the disability
is such as not only to render the injured employee entirely incapable of work, but
also so helpless as to require the assistance of a nurse, the weekly indemnity during
the period of such assistance shall be increased to one hundred per cent of the average
weekly earnings.
(b ) If the accident causes partial disability, sixty-five per cent of the weekly loss
in wages during the period of such partial disability.
(c) If the disability caused b y the accident is at times total and at times partial,
the weekly indem nity during the periods of each such total or partial disability shall
be in accordance with said subsections (a) and (b) respectively.
(d) Said subsections (a), (b) and (c) shall be subject to the following limitations:
Aggregate disability indemnity for a single injury shall not exceed three times the
average annual earnings of the employee.
WORKMEN S COMPENSATION AND INSURANCE.
113
If the period of disability does not last more than one week from the day the
em ployee leaves work as the result of the accident no indem nity whatever shall be
recoverable.
If the period of disability lasts more than one week from the day the employee
leaves work as the result of the accident, no indem nity shall be recoverable for the
first week of the period of such disability.
The aggregate disability period shall not, in any event extend beyond fifteen years
from the date of the accident.
(3)
The death of the injured employee shall not affect the obligation of the employer
under subsections (1) and (2) of this section, so far as his liability shall have accrued
and become payable at the time of the death, but the death shall be deemed the
termination of disability, and the employer shall thereupon be liable for the following
death benefits in lieu of any further disability benefits: Provided, That such death
was approximately caused b y the accident causing such disability:
(a) In case the deceased employee leaves a person or persons w holly dependent
upon him for support, the death benefit shall b e a sum sufficient when added to the
benefits which shall, at the time of death, have accrued and become payable under
the provisions of subsection (2) of this section to make the total compensation for the
injury and death, (exclusive of the benefit provided for in subsection (1), equal to
three times his annual average earnings, not less than $1,000 nor more than $5,000,
the same to b e payable, unless and until the industrial accident board shall otherwise
direct, in weekly installments corresponding in amount to the weekly earnings of the
employee.
(b) In case the deceased employee leaves no one wholly dependent on him for
support, but one or more persons partially dependent therefor, the death benefit
shall be such percentage of three times such average annual earnings of the em ployee
as the annual amount devoted b y the deceased to the support of the person or persons
so partially dependent upon him for support bears to such average earnings, the same
to be payable, unless and until the industrial accident board shall otherwise direct,
in weekly installments corresponding to the weekly earnings of the em ployee: Pro
vided, That the total compensation for the injury and death, (exclusive of the benefit
provided for in said subsection (1) shall not exceed three times such average annual
earnings.
(c) In the event that the accident shall have approximately caused permanent
disability, either total or partial, and the employee shall die within fifteen years
after the date of the accident, liability for the death benefits provided for in said
subsections (a) and (b) respectively shall exist only where the accident was the
approximate cause of death within said period of fifteen years.
(d) If the deceased employee leaves no person dependent upon him for support,
and the accident approximately causes death, the death benefit shall consist of the
reasonable expenses of his burial not exceeding $100.
Sec. 9. (1) The weekly earning [s] referred to in section (8) shall be one fifty-second
of the average annual earnings of the employee; average annual earnings shall not be
taken at less than $333.33, nor more than $1,666.66, and between said limits shall be
arrived at as follows:
(a) If the injured employee has worked in such employment, whether for the same
employer or not, during substantially the whole of the year immediately preceding
his injury, his average annual earnings shall consist of three hundred times the average
daily wage or salary which he has earned as such employee during the days when so
employed.
(b) If the injured employee has not so worked in such employment during sub
stantially the whole of such immediately preceding year, his average annual earnings
shall consist of three hundred times the average daily wage or salary which an employee
of the same class working substantially the whole of such immediately preceding
year in the same or a similar employment in the same or a neighboring place shall
have earned during the days when so employed.
(c) In cases where the foregoing methods of arriving at the average annual earnings
of the injured employee can not reasonably and fairly be applied, such annual earn
ings shall be taken at such sum as having regard to the previous earnings of the injured
employee, and of other employees of the same or most similar class, working in the
same or most similar employment in the same or neighboring locality, shall reasonably
represent the average earning capacity of the injured employee at the time of the
injury in the em ploym ent in which he was working at such time.
(d) The fact that an employee has suffered a previous disability, or received com
pensation therefor, shall not preclude him from compensation for a later injury, or
for death resulting therefrom, but in determining compensation for the later injury,
or death resulting therefrom, his average annual earnings shall be such sum as will
114
BULLETIN OF THE BUREAU OF LABOR.
reasonably represent his annual earning capacity at the time of the later injury,
and shall be arrived at according to the previous provisions of this section.
(2) The weekly loss in wages referred to in section 8, shall consist of the difference
between the average weekly earnings of the injured employee, computed according
to the provisions of this section, and the weekly amount which the injured employee,
in the exercise of reasonable diligence, will probably be able to earn, the same to be
fixed as of the time of the accident, but to be determined in view of the nature and
extent of the injury.
(3) The following shall be conclusively presumed to be solely and wholly dependent
for support upon a deceased employee:
(a) A wife upon a husband.
(b) A husband upon a wife upon whose earnings he is partially or w holly dependent
at the time of her death.
(c) A child or children under the age of eighteen years (or over said age, but physi
cally or mentally incapacitated from earning), upon the parent with whom he or they
are living at the time of the death of such parent, there being no surviving dependent
parent. In case there is more than one child thus dependent, the death benefit
shall be divided equally among them. In all other cases questions of entire or partial
dependency shall be determined in accordance with the tact, as the fact may be at
the time of the death of the employee, and in such other cases if there is more than
one person w holly dependent, the death benefit shall be divided equally among
them and persons partially dependent, if any, shall receive no part thereof, and if
there is more than one person partially dependent, the death benefit shall be divided
among them according to the relative extent of their dependency.
(4) Questions as to who constitute dependents and the extent of their dependency
shall be determined as of the date of the death of the employee, and their right to
any death benefit shall becom e fixed as of such time, irrespective of any subsequent
change in conditions, and the death benefit shall be directly recoverable b y and
payable to the dependent or dependents entitled thereto or their legal guardians or
trustees.
S ec. 10. No claim to recover compensation under this act shall be maintained
unless within thirty days after the occurrence of the accident which is claimed to
have caused the injury or death, notice in writing, stating the name and the address
of the person injured, the time and the place where the accident occurred, and the
nature of the injury, and signed b y the person injured or someone in his behalf, or
in case of his death, b y a dependent or someone in his behalf, shall be served upon
the employer b y delivering to and leaving with him a copy of such notice or b y mail
ing to him b y registered mail a copy thereof in a sealed and posted envelope addressed
to him at his last known place of business or residence. Such mailing shall constitute
complete service: Provided, however, That any payment of compensation under this
act, in whole or in part, made b y the employer before the expiration of said thirty
days shall.be equivalent to the notice herein required: A nd provided further, That
the failure to give any such notice, or any defect or inaccuracy therein, shall not be
a bar to recovery under this act if it is found as a fact in the proceedings for collections
of the claim that there was no intention to mislead the employer, and that he was
not in fact misled thereby: A nd provided further, That if no such notice is given and
no payment of compensation made, within one year from the date of the accident,
the right to compensation therefor shall be w holly barred.
Sec. 11. Wherever in case of injury the right to compensation under this act would
exist in favor of any employee, he shall, upon the written request of his employer,
submit from time to time to examination b y a regular practicing physician, who snail
be provided and paid for b y the employer, and shall likewise submit to examination
from time to time b y any regular physician selected b y said industrial accident board,
or any member or examiner thereof. The employee shall be entitled to have a
hysician provided and paid for b y himself present at any such examination.
o long as the employee^ after such written request of the employer, shall refuse to
submit to such examination, or shall in any way obstruct the same, his right to begin
or maintain any proceeding for the collection of compensation shall b e suspended,
and if he shall refuse to submit to such examination after direction b y the board,
or any member or examiner thereof, or shall in any way obstruct the same, his right
to the weekly indem nity which shall accrue and becom e payable during the period
of such refusal or obstruction, shall b e barred. A n y physician who shall make or
be present at any such examination may b e required to testify as to the insults thereof.
Sec. 12. A n y dispute or controversy concerning compensation under this act,
including any in wnich the State may b e a party, shall be submitted to a board
consisting of three members, which shall be known as the industrial accident board.
Within thirty days before this act shall take effect, the governor, b y and with the
E
WORKMEN S COMPENSATION AND INSURANCE.
115
advice and consent of the senate, shall appoint a member who shall serve two years,
and another who shall serve three years, and another who shall serve four years.
Thereafter siich three members shall be appointed and confirmed for terms of four
years each. Vacancies shall be filled in the same manner for the unexpired term.
Each member of the board, before entering upon the duties of his office, shall take
the oath prescribed b y the constitution. A majority of the board shall constitute
a quorum for the exercise of any of the powers or authority conferred b y this act,
and an award b y the majority shall be valid. In case of a vacancy, the remaining
two members of the board shall exercise all the powers and authority of the board
until such vacancy is filled. Each member of the board shall receive an annual salary
of three thousand six hundred dollars.
Sec. 13. The board shall organize b y choosing one of its members as chairman.
Subject to the provisions of this act, it may adopt its own rules of procedure and may
change the same from time to time in its discretion. The board, when it shall deem
it necessary to expedite its business, may from time to time em ploy one or more
expert examiners for such length of time as may be required. It may also appoint
a secretary and such clerical help as it may deem necessary. It shall fix the com
pensation of all assistants so appointed.
Sec. 14. The board shall keep its office at the city of San Francisco, and shall be
provided b y the secretary of state with a suitable room or rooms, necessary office
furniture, stationery, and other supplies. The members of the board and its assist
ants, shall be entitled to receive from the State their actual and necessary expenses
while traveling on the business of the board, bu t such expenses shall be sworn to
b y the person who incurred the same, and be approved b y the chairman of the board,
before payment is made. A ll salaries and expenses authorized b y this act shall be
audited and paid out of the general funds of the State the same as other general State
expenses are audited and paid.
S e c . 15. Upon the filing with the board b y any party in interest of an application
in writing stating the general nature of any dispute or controversy concerning comensation under this act, it shall fix a time for the hearing thereof, which shall not
e more than forty days after the filing of such application. The board shall cause
notice of such hearing to be given to each party interested b y service of such notice
on him personally or b y mailing a copy thereof to him at his last known post-office
address at least ten days before such hearing. Such hearing may be adjourned from
time to time in the discretion of the board, and hearings shall be held at such places
as the board shall designate. Either party shall have the right to be present at any
hearing, in person or b y attorney or any other agent, and to present such testimony
as shall be pertinent to the controversy before the board, bu t the board may, with or
without notice to either party, cause testimony to be taken, or inspection of the premises
where the injury occurred to be had, or the time books and pay roll of the employer to be
examined b y any member of the board or any examiner appointed b y it, and may
from time to time, direct any employee claiming compensation to be examined b y
a regular physician; the testimony so taken and the results of any such inspection
or examination, to be reported to the board for its consideration upon final hearing.
The board, or any member thereof, or any examiner appointed thereby shall have
power and authority to issue subpoenas to com pel the attendance of witnesses or
parties, and the production of books, papers, or records, and to administer oaths.
Obedience to such subpoenas shall be enforced b y the superior court of any county,
or city and county.
S ec . 16. After final hearing b y said board, it shall maks and file (1) its findings
upon all facts involved in the controversy, and (2) its award, which shall state its
determination as to the rights of the party.
S ec . 17. Either party may present a certified copy of the award to the superior
court for any county or city and county, whereupon said court shall, without notice,
render a judgment in accordance therewith, which judgment, until and unless set
aside as hereinafter provided, shall have the same effect as though duly rendered in
an action du ly tried and determined b y said court, and shall, with the like effect,
be entered and docketed.
Sec. 18. The findings of fact made b y the board acting within its powers, shall,
in the absence of fraud, be conclusive, and the award, whether judgment has been
rendered thereon or not, shall be subject to review only in the manner and upon the
grounds following: Within thirty days from the date of the award, any party aggrieved
thereby may fil6 with the board an application in writing for a review of such award,
stating generally the grounds upon which such review is sought; within thirty days
thereafter the board shall cause all documents and papers on file in the matter, and a
transcript of all testimony which may have been taken therein, to be transmitted
with their findings and award to the clerk of the superior court of that county or city
E
116
BULLETIN OF THE BUBEAU OF LABOB.
and county wherein the accident occurred; such application for a review may there
upon be brought on for hearing before said court upon such record b y either party on
ten days’ notice to the other, subject, however, to the provisions of law for a change
of the place of trial or the calling of another judge. Upon such hearing the court
may confirm or set aside such award, and any judgment which may theretofore have
been rendered thereon, but the same shall be set aside only upon the following grounds:
(1) That the board acted without or in excess of its powers.
(2) That the award was procured b y fraud.
(3) That the findings of fact b y the board do not support the award.
Sec. 19. Upon the setting aside of any award the court m ay recommit the contro
versy and remand the record in the case to the board, for further hearing or proceed
ings, or it may enter the proper judgment upon the findings, as the nature of the case
shall demand. An abstract of the judgment entered b y the trial court upon the
review of any award shall b e made b y the clerk thereof upon the docket entry of any
judgment w hich may theretofore have been rendered upon such award, and tran
scripts of such abstract may thereupon b e obtained for like entry upon the dockets
of the courts of other counties, or city and county.
Sec. 20. Any party aggrieved by a judgment entered upon the review of any award,
may appeal therefrom within the time and in the manner provided for an appeal from
the orders of the superior court; but all such appeals shall be placed on the calendar
of the supreme court and brought to a hearing m the same manner as criminal causes
on such calendar.
Sec. 21. No fees shall be charged by the clerk of any court for the performance of
any official service required by this act, except for the docketing of judgments and
for certified copies or transcripts thereof. In proceedings to review an award, costs
as between the parties shall be allowed or not in the discretion of the court.
Sec. 22. No claim for compensation under this act shall be assignable before pay
ment, but this provision shall not affect the survival thereof; nor shall any claim for
compensation, or compensation awarded, adjudged or paid, be subject to be taken
for the debts of the party entitled thereto.
Sec. 23. A claim for compensation for the injury or death of any employee, or any
award or judgment entered thereon, shall b e entitled to a preference over the other
debts of the employer if and to the same extent as the wages of such em ployee shall
be so preferred: but this section shall not impair the lien of any judgment entered
upon any award.
Sec. 24. Nothing in this act shall affect the organization of any mutual or other
insurance company, or any existing contract for insurance or employers’ liability,
nor the right of the employer to insure in mutual or otner companies, in whole or m
part, against such liability, or against the liability for the compensation provided for
hy this act, or to provide b y mutual or other insurance, or b y arrangement with his
employees, or otherwise, for the payment to such employees, their families, depend
ents, or representatives, of sick, accident or death benefits, in addition to the com
pensation provided for b y this act. B ut liability for compensation under this act
shall not b e reduced or affected b y any insurance, contributions, or other benefit
whatsoever due to or received b y the person entitled to such compensation, and
the person so entitled shall, irrespective of any insurance or other contract, have
the right to recover the same directly from the employer, and in addition thereto,
the right to enforce in his own name, m the manner provided in this act, the liability
of any insurance company, which may, in whole or m part have insured the liability
for such compensation: Provided, however, That payment in whole or in part of sucn
compensation b y either the employer or the insurance company, shall, to the extent
thereof, be a bar to recovery against the other of the amount so p a id: A nd provided
further, That as between the employer and the insurance company, payment b y
either directly to the employee, or to the person entitled to compensation, shall be
subject to the conditions of the insurance contract between them.
Sec. 25. Every contract for the insurance of the compensation herein provided for,
or against liability therefor, shall be deemed to be made subject to the provisions
of this act, and provisions thereof inconsistent with this act shall be void. No com
pany shall enter into any such contract of insurance unless such company shall have
been approved by the commissioner of insurance, as provided by law.
Sec. 26. The making of a lawful claim against an employer for compensation under
this act for the injury or death of his em ployee shall operate as an assignment of any
assignable cause of action in tort which the em ployee or his personal representative
may have against any other party for such injury or death, and such employer may
enforce in his own name the liability of such other party.
Sec. 27. The board shall cause to be printed ana furnished free of charge to any
employer or employee such blank forms as it shall deem requisite to facilitate or
w o r k m e n ’ s c o m p e n sa t io n a n d in s u r a n c e .
117
promote the efficient administration ot this act; it shall provide a proper record
book in which shall be entered and indexed the name of every employer who shall
file a statement of election under this act, and the date of the filing thereof, and a
separate book in which shall be entered and indexed the name of every employer
who shall file his withdrawal of such election, and the date of the filing thereof; and
a book in which shall be recorded all awards made b y the board; and such other
books or records as it shall deem required b y the proper and efficient administration
of this act; all such records to be kept in the office of the board. Upon the filing
of a statement of election by an employer to become subject to the provisions of this
act, the board shall forthwith cause notice of the fact to be given to his employees,
b y posting and keeping continuously posted in a public and conspicuous place such
notice thereof in the office, shop, or place of business of the employer, or b y publishing,
or in such other manner as the board shall deem most effective, and the board shall
cause notice to be given in like manner of the filing of any withdrawal of such election;
bu t notwithstanding the failure to give, or the insufficiency of, any such notice,
knowledge of all filed statements of election and withdrawals of election, and of the
time of tne filing of the same, shall conclusively be imputed to all employees.
Sec. 28. Nothing in this act contained shall be construed as impairing the right
of parties interested, after the injury or death of an employee, to compromise and
settle upon such terms as they may agree upon, any liability which may be claimed
to exist under this act on account o f such injury or death, nor as conferring upon
the dependents of any injured employee any interest which he may not divert by
such settlement or for which he or his estate shall, in the event of such settlement
by him, be accountable to such dependents or any of them.
Sec. 29. The sum of fifty thousand dollars is hereby appropriated out of any moneys
in the State treasury, not otherwise appropriated, to be used b y the industrial acci
dent board in carrying out the purposes of this act, and the controller is hereby directed
to draw his warrant on the general fund from time to time in favor of said industrial
accident board for the amounts expended under its direction, and the treasurer is
hereby authorized and directed to pay the same.
Sec. 30. A ll acts or parts of acts inconsistent with this act are hereby repealed.
Sec. 31. This act shall take effect and be in force on and after the first day of Sep
tember. A . D. 1911.
KANSAS.
ACT OF MARCH 13, 1911.
Section 1. If in any employment to which this act applies, personal injury b y
accident arising out of and in the course of employment is caused to a workman,
his employer shall, subject as hereinafter mentioned, be liable to pay compensation
to the workman in accordance with this act. Save as herein provided, no such
employer shall be liable for any injury for which compensation is recoverable under
this act: Provided, That (a) the employer shall not be liable under this act in respect
of any injury which does not disable the workman for a period of at least two weeks
from earning full wages at the work at which he is em ployed; (b) if it is proved that
the injury to the workman results from his deliberate intention to cause such injury,
or from his willful failure to use a guard or protection against accident required pur
suant to any statute and provided for him, or a reasonable and proper guard and pro
tection voluntarily furnished him b y said employer, or solely from his deliberate
breach of statutory regulations affecting safety of life or limb, or from his intoxication,
any compensation in respect to that injury shall be disallowed.
Sec. 2. Where the injury was proximately caused by the individual negligence,
either of commission or omission, of the employer, including such negligence of the
directors or of any managing officer or managing agent of such employer if a corpora
tion, or of any of the partners if such employer is a partnership, or of any mem ber
if such employer is an association, but excluding the negligence of competent em
ployees in the performance of their duties or o f the employer’s duty delegated to
them, the existing liability of the employer shall not be affected b y this act, bu t
in such case the injured workman, or if death results from such injury, his dependents
as herein defined, if they unanimously agree, otherwise his legal representative, may
elect between any right of action against the employer upon such liability and the
right to compensation under this act.
Sec. 3. Nothing in this act shall affect the liability of the employer or employee
to a fine or penalty under any other statute.
Sec. 4. (a) Where any person (in this section referred to as principal) undertakes
to execute any work which is a part of his trade or business or which he has contracted
to perform and contracts with any other person (in this section referred to as the
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BULLETIN OF THE BUREAU OF LABOR.
contractor) for the execution b y or under the contractor of the whole or any part of
the work undertaker b y the principal, the principal shall be liable to pay to any
workman em ployed in the execution of the work any compensation under this act
which he would have been liable to pay if that workman had been immediately
employed b y him; and where compensation is claimed from or proceedings are taken
against the principal, then, in the application of this act, references to the principal
shall be substituted for references to the employer, except that the amount of com
pensation shall be calculated with reference to the earnings of the workman under
the employer b y whom he is immediately employed, (b) Where the principal is
liable to pay compensation under this section, he snail be entitled to indemnity from
any person who would have been liable to pay compensation to the workman inde
pendently of this section, and shall have a cause of action therefor, (c) Nothing in
this section shall be construed as preventing a workman from recovering compen
sation under this act from the contractor instead of the principal, (d) This section
shall not apply to any case where the accident occurred elsewhere than on or in, or
about the premises on which the principal has undertaken to execute work or which
are otherwise under his control or managment, or on, in, or about the execution of
such work under his control or management, (e) A principal contractor, when sued
b y a workman of a subcontractor, shall have the right to implead the subcontractor,
(f) The principal contractor who pays compensation voluntarily to a workman of a
subcontractor shall have the right to recover over against the subcontractor.
Sec. 5. Where the injury for which compensation is payable under this act was
caused under circumstances creating a legal liability against some person other than
the employer to pay damages in respect thereof, (a) The workman may take pro
ceedings against that person to recover damages and against any person liable to pay
compensation under this act for such compensation, but shail not be entitled to
recover both damages and compensation; ana (b) If the workman has recovered com
pensation under this act, the person b y whom the compensation was paid, or any
person who has been called on to indemnify him under the section of this act relating
to subcontracting, shall be entitled to indemnity from the person so liable to pay
damages as aforesaid, and shall be subrogated to the rights of the workman to recover
damages therefor.
Sec. 6. This act shall apply only to employment in the course of the employer’s
trade or business on, in, or about a railway, factory, mine or quarry, electric, building
or engineering work, laundry, natural-gas plant and all employments wherein a proc
ess requiring the use of any dangerous explosive or inflammable materials is carried
on, which is conducted for the .purpose of business, trade or gain; each of which
employments is hereby determined to be especially dangerous, in which from the
nature, conditions or means of prosecution of the work therein, extraordinary risk to
the life and lim b of the workman engaged therein are inherent, necessaiy, or substan
tially unavoidable, and as to each of which employments it is deemed necessary to
establish a new system of compensation for injuries to workmen. This act shall not
apply in any case where the accident occurred before this act takes effect, and all
rights which have accrued, b y reason of any such accident, at the time of the publica
tion of this act, shall be saved the remedies now existing therefor, and the court shall
have the same power as to them as if this act had not been enacted.
Sec. 7. This act shall not be construed to apply to business or employments which,
according to law, are so engaged in interstate commerce as to be not subject to the
legislative power of the State, nor to persons injured while they are so engaged.
Sec. 8. It is hereby determined that the necessity for this law and the reason for
its enactment, exist only with regard to employers wno em ploy a considerable number
of persons. This act, therefore, shall only apply to employers b y whom fifteen or
more workmen have been [employed] continuously for more than one month at the
time of the accident and who have elected or shall elect before the accident to come
within the provision hereof: Provided, however, That employers having less than
fifteen workmen may elect to come within the provisions of this act, in which case his
employees shall be included herein, as hereinafter provided.
Sec. 9. In this act, unless the context otherwise requires, (a) “ R ailw ay” includes
street railways and interurbans; and “ employment on railways” includes work in
depots, power houses, round-houses, machine shops, yards, and upon the right of way,
ana in the operation of its engines, cars and trains, and to employees of express com
panies while running on railroad trains, (b) “ Factory” means any premises wherein
power is used in manufacturing, making, altering, adapting, ornamenting, finishing,
repairing or renovating any article or articles for the purpose of trade or gain or of the
business carried on therein, including expressly any brickyard, meat-packing house,
foundry, smelter, oil refinery, lime-burning plant, steam-heating plant, electnc-lighting plant, electric-power plant and water-power plant, powder plant, blast furnace,
paper mill, printing plant, flour mill, glass factory, cement plant, artificial-gas plant,
WORKMEN S COMPENSATION AND INSURANCE.
119
machine or repair shop, salt plant, and chemical-manufacturing plant, (c) “ M ine*
means any opening in the earth for the purpose of extracting any minerals, and all
underground workings, slopes, shafts, galleries and tunnels, and other ways, cuts and
openings connected therewith, including those in the course of being opened, sunk or
driven; and includes all the appurtenant structures at or about the openings of the
mine, and any adjoining adjacent work place where the material from a mine is pre
pared for use or shipment, (d) “ Quarry” means any place, not a mine, where stone,
slate, clay, sand, gravel or other solid material is dug or otherwise extracted from the
earth for the purpose of trade or bargain or of the em ployer’s trade or business, (e)
“ Electrical w ork” means any kind of work in or directly connected with the con
struction, installation, operation, alteration, removal or repair of wires, cables, switch
boards or apparatus, used for the transmission of electrical current, (f) “ Building
work ”’ means any work in the erection, construction, extension, decoration, alteration,
repair or demolition of any building or structural appurtenance, (g) “ Engineering
w ork” means any work in the construction, alteration, extension, repair or demolition
of a railway (as hereinbefore defined) bridge, jetty, dike, dam, reservoir, underground
conduit, sewer, oil or gas well, oil tank, gas tank, water tower, or water works (includ
ing standpipes or mains) any caisson work or work in artificially compressed air, any
work in dredging, pile driving, moving buildings, moving safes, or in laying, repairing
or removing, underground pipes and connections, the erection, installing, repairing,
or removing of boilers, furnaces, engines and power machinery, (including belting and
other connections) and any work in grading or excavating where shoring is necessary
or power machinery or blasting powder, dynamite or other high explosives is in use
(excluding mining and quarrying), (h) “ Em ployer” includes any person or body of
persons corporate or unmcorporate, and the legal representatives of a deceased em
ployer or the receiver or trustee of a person, corporation, association or partnership,
(i) “ Workman” means any person who has entered into the employment of or works
under contract of service or apprenticeship with an employer, but does not include a
person who is em ployed otherwise than for the purpose of the employer’s trade or
Business. A n y reference to a workman who has been injured shall, where the work
man is dead, include a reference to his dependents, as hereinafter defined, or to his
legal representative, or where he is a minor or incompetent, to his guardian, (j) “ De
pendents” means such members of the workman’s family as were wholly or m part
dependent upon the workman at the time of the accident. A n d 11members of a family ”
for the purposes of this act means only widow or husband, as the case may be, and
children; or if no widow, husband or children, then parents and grandparents, or if no
parents or grandparents, then grandchildren; or if no grandchildren, then brothers and
sisters. In the meaning of this section parents include step-parents, children include
stepchildren, and grandchildren include stepgrandchildren, and brothers and sifters
pbrothers and stepsisters, and children and parents include that relation
include stepb
b y legal adoption.
Sec. 10. In case an injured workman is mentally incompetent or a minor, or where
death results from the injury, in case any of his dependents as herein defined is men
tally incompetent or a minor, at the time when any right, privilege or election accrues
to him under this act, his guardian may, in his behalf, claim and exercise such right,
privilege, or election, and no limitation of time, in this act provided for, shall run, so
long as such incompetent or minor has no guardian.
Sec. 11. The amount of compensation under this act shall be, (a) Where death
results from injury: (1) If the workman leaves any dependents wnollv dependent
upon his earnings", an amount equal to three times his earnings for the preceding
year but not exceeding thirty-six hundred dollars and not less than twelve hundred
dollars, provided, such earnings shall be computed upon the basis of the scale
which he received or would have been entitled to receive had he been at work,
during the thirty days next preceding the accident; and, if the period of the work
man’s employment b y the said employer had been less than one year, then the
amount of his earnings during the said year shall be deemed to be fifty-two times
his average weekly earnings during the period of his actual employment under
said employer: Provided, That the amount of any payments made under this act
and any lump sum paid hereunder for such injury from which death may there
after result shall be deducted from such sum: And provided, however, That if the work
man does not leave any dependents, citizens of and residing at the time of the acci
dent in the United States or the Dominion of Canada, the amount of compensation
shall not exceed in any case seven hundred and fifty dollars. (2) If the workman
does not leave any such dependents, but leaves any dependents in part dependent
upon his earnings, such proportion of the amount payable under the foregoing pro
visions of this section, as may be agreed upon or determined to be proportionate to the
injury to the said dependents; and (3) If he leaves no dependents, the reasonable
expense of his medical attendance and burial, not exceeding one hundred dollars.
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BULLETIN OF THE BUREAU OF LABOR.
(b ) Where total incapacity for work results from injury, periodical payments during
such incapacity, commencing at the end of the second week, equal to fifty per cent
of his average weekly earnings computed as provided in section 12 but in no case less
than six dollars per week or more than fifteen dollars per week, (c) When partial
incapacity for work results from injury, periodical payments during such incapacity,
commencing at the end of the second week, shall not be less than twenty-five per cent,
nor exceed fifty per cent, based upon the average weekly earnings com puted as pro
vided in section 12, but in no case less than three dollars per week or more than twelve
dollars per week: Provided, however, That if the workman is under twenty-one years
of age at the date of the accident and the average weekly earnings are less than $10.00
his compensation shall not be less than seventy-five per cent of his average earnings.
No such payment for total or partial disability shall extend over a period exceeding
ten years.
Sec. 12. For the purposes of the provisions of this act relating to “ earnings” and
“ average earnings” of a workman, the following rules shall be observed: (a) “ Aver
age earnings” shall b e computed in such manner as is best calculated to give the aver
age rate per week at which the workman was being remunerated for the 52 weeks
prior to the accident: Provided, That where b y reason of the shortness of time during
which the workman has been in the employm ent of his employer, or the casual nature
or the terms of the employment, it is impracticable to compute the rate of remunera
tion, regard shall be had to the average weekly amount which, during the twelve
months previous to the accident, was being earned b y a person in the same grade
employed at the same work b y the same employer, or, if there is no person employed,
b y a person in the same grade employed in the same class of employm ent and in the
same district, (b) Where the workman had entered into concurrent contracts of serv
ice with two or more employers under which he worked at one time for one such
employer and at another time for another such employer, his “ earnings” and his
“ average earnings” shall be computed as if his earnings under all such contracts
were earnings in the employment of the employer for whom he was working at the time
of the accident, (c) Em ployment b y the same employer shall be taken to mean
employment b y the same employer in the grade in which the workman was employed
at the time of the accident, uninterrupted b y his absence of work due to illness or any
other unavoidable cause, (d) Where the employer has been accustomed to pay to
the workman a sum to cover any special expenses entailed upon him b y the nature of
his employment, the sum so paid shall not be reckoned as part of the earnings, (e) In
fixing the amount of the payment, allowance shall be made for any payment or bene
fit which the workman may receive from the employer during his period of incapacity,
(f) In the case of partial incapacity the payments shall be computed to equal, as closely
as possible, fifty per cent of the difference between the amount of the “ average earn
ings” of the workman before the accident, to be computed as herein provided, and
the average amount which he is most probably able to earn in some suitable em ploy
ment or business after the accident, subject however, to the limitations hereinbefore
provided.
Sec. 13. The payments shall be made at the same time, place and in the same
manner as the wages of the workman were payable at the time of the accident, but a
judge of any district court having jurisdiction upon the application of either party
may m odify such regulation in a particular case as to him may seem just.
Sec. 14. Where death results from the injury and the dependents of the deceased
workman as herein defined, have agreed to accept compensation, and the amount of
such compensation and the apportionment thereof between them has been agreed to
or otherwise determined, the employer may pay such compensation to them accord
ingly (or to an administrator if one be appointed) and thereupon be discharged from
all further liability for the injury. Where only the apportionment of the agreed
compensation between the dependents is not agreed to, the employer may pay the
amount into any district court having jurisdiction, or to the administrator of the
deceased workman, w ith the same effect. Where the compensation has been so paid
into court or to an administrator, the proper court, upon the petition of such adminis
trator or any of such dependents, and upon such notice and proof as it may order shall
determine the distribution thereof among such dependents. Where there are no
dependents, medical and funeral expenses may be paid and distributed in like manner.
Sec. 15. The payments due under this act, as well as any judgment obtained there
under, shall not be assignable or subject to levy, execution or attachment, except for
medicine, m edical attention and nursing and no claim of any attorney at law for
services rendered in securing such indemnity or compensation or judgment shall be
an enforceable lien thereon, unless the same has been approved in writing b y the
judge of the court where said case was tried; but if no trial was had, then b y any judge
of the district court of this State to whom such matter has been regularly submitted,
on due notice to the party or parties in interest of such submission.
w o r k m e n ' s c o m p e n sa t io n a n d in s u r a n c e .
121
Sec. 16. Employers affected b y this act shall report annually to the State commis
sioner and factory inspector such reasonable particulars in regard thereto as he may
require, including particulars as to all releases of liability under this act and any other
law. The penalty for failure to report or for false report shall invalidate any such
release of liability.
Sec. 17. (a) After an injury to the employees, if so requested b y his employer, the
employee must submit himself for examination at some reasonable time to a reputable
physician selected b y the employer, and from time to time thereafter during the
pendency of his claim for compensation, or during the receipt b y him for payment
under this act, but he shall not be required to so submit himself, more than once in
two weeks unless in accordance with such orders as may be made b y the proper court
or judge thereof. Either party may upon demand require a report of any examination
made b y the physician of the other party upon payment of a fee of one dollar therefor,
(b) If the employees request he shall be entitled to have a physician of his own selec
tion present at the time to participate in such examinations, (c) Unless there has
been a reasonable opportunity thereafter for such physician selected b y the employee
to participate in the examination in the presence of the physician selected b y the
employer, the physician selected b y the employer shall not be permitted afterwards to
give evidence of the condition of the employee in a dispute as to the injury,
(d) E xcept as provided herein in this act there shall be no other disqualification or
privilege preventing the testimony of a physician who actually makes an exami
nation.
Sec. 18. In case of a dispute as to the injury, the committee, or arbitrator as here
inafter provided, or the judge of the district court shall have the power to em ploy a
neutral physician of good standing and ability, whose duty it shall be, at the expense
of the parties to make an examination of the injured person, as the court m ay direct,
on the petition of either or both the employer and employee or dependents.
Sec. 19. If the employer or the employee has a physician make such an examination
and no reasonable opportunity is given to the other party to have his physician make
examination, then, in case ol a dispute as to the injury, the physician of the party
making such examination shall not give evidence before the court unless a neutral
physician either has examined or then does examine the injured employee and give
testimony regarding the injuries.
Sec. 20. I f the employee shall refuse examination b y physician selected b y the
employer, with the presence of a physician of his own selection, and shall refuse an
examination b y the physician appointed b y the court, he shall have no right to com
pensation during the period from refusal until he, or someone in his behalf, notifies
the employer or the court that he is willing to have such examination.
Sec. 21. A physician making an examination shall give to the employer and to the
workman a certificate as to the condition of the workman, but such certificate shall
not be competent evidence of that condition unless supported b y his testimony if his
testimony would have been admissible.
Sec. 22. Proceedings for the recovery of compensation under this act shall not be
maintainable unless written notice of the accident, stating the time, place, and
particulars thereof, and the name and address of the person injured, has been given
within ten days after the accident, and unless a claim for compensation has been
made within six months after the accident, or in case of death, within six months
from the date thereof. Such notice shall be delivered b y registered mail, or b y
delivery to the employer. The want of, or any defect in such notice or in its service,
shall not be a bar unless the employer proves that he has, in fact, been thereby preju
diced, or if such want or defect was occasioned b y mistake, physical or mental inca
pacity or other reasonable cause, and the failure to make a claim within the period
above specified shall not be a bar, if such failure was occasioned by a mistake, phys
ical or mental incapacity, or other reasonable cause.
Sec. 23. Compensation due under this act may be settled b y agreement. Every
such agreement, other than a release, shall be in the form hereinafter provided.
Sec. 24. If compensation be not so settled b y agreement: (a) If any committee
representative of the employer and the workman exists, organized for the purpose of
settling disputes under this act, the matter shall, unless either party objects b y notice
in writing delivered or sent b y registered mail to the other party before the committee
meets to consider the matter, be settled in accordance with its rnles b y such committee
or b y an arbitrator selected b y it. (b) It either party so objects, or there is no such
committee, or the committee or the arbitrator to whom it refers the matter fails to
settle it within sixty days from the date of the claim, the matter may be settled b y
a single arbitratoi agreed on b y the parties, or appointed b y any judge of a court
where an action might be maintained. The consent to arbitration shall be in writing
and signed b y the parties and may lim it the fees of tne arbitrator and the time within
which the award must be made. And unless such consent and the order of appoint
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BULLETIN OF THE BUREAU OF LABOR.
ment expressly refers other questions, only the question of the amount of compen
sation shall be deemed to be m issue.
Sec. 25. The arbitrator shall not be bound b y technical rules of procedure or evi
dence, but shall give the parties reasonable opportunity to be heard and act reason
ably and without partiality. H e shall make and file his award, with the consent to
arbitration attached in the office of the clerk of the proper district court within the
time limited in the consent, or if no time limit is fixed therein, within sixty days
after his selection, and shall give notice of such filing to the parties b y mail.
Sec. 26. The arbitrator’s fees shall be fixed b y the consent to arbitration or be
agreed to b y the parties before the arbitration, and if not so fixed or agreed to, they
shall not exceed $10.00 per day, for not to exceed ten days, and disbursements for
expense. The arbitrator shall tax or apportion the costs of such fees in his discretion
ana shall add the amount taxed or apportioned against the employer to the first pay
ment made under the award, and he shall note the amount o f his fees on the award
and shall have a lien therefor on the first payments due under the award.
Sec. 27. E very agreement for compensation and every award shall be in writing,
signed and acknowledged b y the parties or b y the arbitrator or secretary of the com
mittee hereinbefore referred to, and shall specify the amount due and unpaid b y
the employer to the workman up to the date of the agreement or award, ana if any,
the amount of the payments thereafter to be paid b y the employer to the workman
and the length of time such payments shall continue.
Sec. 28. It shall be the duty of the employer to file or cause to be filed every release
of liability hereunder, every agreement for or award of compensation, or modifying
an agreement for or award o f compensation, under this act, if not filed b y the com
mittee or arbitrator, to which he is a party, or a sworn cop y thereof in the office of
the district court in ‘the county in wnich the accident occurred within sixty days
after it is made, otherwise it shall be void as against Ihe workman. The saia clerk
shall accept, receipt for, and file any such release, agreement or award, without fee,
and record and index it in the book kept for that purpose. Nothing herein shall be
construed to prevent the workman from filing such agreement or award.
Sec. 29. A t any time within one year after an agreement or award has been so filed,
a judge of a district court having jurisdiction may, upon the application of either
party, cancel such agreement or award, upon such terms as may be just, if it be shown
to his satisfaction that the workman has returned to work and is earning approxi
mately the same or higher wages as or than he did before the accident, or that the
agreement or award has been obtained b y fraud or undue influence, or that the com
mittee or arbitrator making the award acted without authority or was guilty of serious
misconduct, or that the award is grossly inadequate or grossly excessive, or if the em
ployee absents himself so that a reasonable examination of his condition can not be
made, or has departed beyond the boundaries of the United States or Canada.
Sec. 30. A t any time after the filing of an agreement or award and before judgment
has been granted thereon, the employer may stay proceedings thereon b y filing in
the office of the clerk of the district court wherein such agreements or award is filed:
(a) A proper certificate of a qualified insurance company that the amount of the
compensation to the workman is insured b y it: (b) A proper bond undertaking to
secure the payment of the compensation. Such certificate or bond shall first be
approved b y a judge of the said district court.
Sec. 31. A t any time after an agreement or award has been filed, the workman
may apply to the said district court for judgment against the employer for a lump sum
equal to eighty per cent of the amount of payments due and unpaid and prospectively
due under the agreement or award; and, unless the agreement or award be stayed,
modified or canceled? or the liability thereunder be redeemed or otherwise discharged,
the court shall examine the workman under oath, and if satisfied that the application
is made because of doubt as to the security of his compensation, shall compute the
sum and direct judgment accordingly, as if in an action: Provided, That if the em
ployer shall give a good and sufficient bond, approved b y the court, no execution shall
issue on such judgment so long as the employer continues to make payments in
accordance with the original agreement or award undiminished b y the discount.
Sec. 32. An agreement or award may be modified at any time b y a subsequent
agreement; or, at any time after one year from the date of filing; it may be reviewed,
upon the application of either party on the ground that the incapacity of the work
man has subsequently increased or diminished. Such application shall be made to
the said district court; and, unless the parties consent to arbitration, the court may
appoint a m edical practitioner to examine the workman and report to it; and upon
his report and after hearing the evidence of the parties, the court may m odify such
agreement or award, as may be just, b y ending, increasing or diminishing the com
pensation, subject to the limitations hereinbefore provided.
w o r k m e n ' s c o m p e n sa t io n a n d in s u r a n c e .
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Sec. 33. Where any payment has been continued for not less than six months the
liability therefor may be redeemed b y the employer b y the payment to the workman
of a lump sum of an amount equal to eighty per cent of the payments which may
become due according to the award, such amount to be determined b y agreement, or,
in default thereof, upon application, to a judge of a district court having jurisdiction.
Upon paying such amount the employer shall be discharged from all further liability
on account of the injury, and be entitled to a du ly executed release, upon filing which
or other due proof of payment, the liability upon any agreement or award shall be
discharged of record.
Sec. 34. Where the payment of compensation to the workman is insured, by a
policy or policies, at the expense of the employer, the insurer shall be subrogated to
the rights and duties under this act of the employer, so far as appropriate.
Sec. 35. A ll references hereinbefore to a district court of the State of Kansas having
jurisdiction of a civil action between the parties shall be construed as relating to the
then existing Code of Civil Procedure. Such court shall make all rules necessary and
appropriate to carry out the provisions of this act.
Sec. 36. A workman's right to compensation under this act, may, in default of
agreement or arbitration, be determined and enforced b y action in any court of com
petent jurisdiction. In every such action the right to trial b y jury shall be deemed
waived and the case tried b y the court without a jury, unless either party, with his
notice of trial, or when the case is placed upon the calendar— demand a jury trial.
The judgment in the action, if in favor of the plaintiff, shalf*be for a lump sum equal
to the amount of the payments then due and prospectively due under this act, with
interest on the payments overdue, or, in the discretion of the trial judge, for period
ical payments as in an award. Where death results from injury, tne action shall be
brought b y the dependent or dependents entitled to the compensation or b y the
legal representative of the deceased for the benefit of the dependents as herein denned;
and in such action the judgment may provide for the proportion of the award to be
distributed to or between the several dependents; otherwise such proportions shall be
determined b y the proper probate court. An action to set aside a release or other
discharge of liability on the ground of fraud or mental incom petency may be joined
with an action for compensation under this act. No action or proceeding provided
for in this act shall be brought or maintained outside of the State of Kansas, and
notice thereof may be given b y publication against nonresidents of the State in the
manner now provided by article 7 of chapter 95, General Statutes of Kansas of 1909
so far as the same may be applicable, ana b y personal service of a true copy of the
first publication within twenty-one days after the date of the said first publication
unless excused b y the court upon proper showing that such service can not be made.
Sec. 37. The cause of action shall be deemed in every case, including a case where
death results from the injury to have accrued to the injured workman at the time of
the accident; and the time lim ited in which to commence an action for compensation
therefor shall run as against him, his legal representatives and dependents from that
date.
Sec. 38. Contingent fees of attorneys for services and proceedings under this act
shall in every case be subject to approval by the court.
Sec. 39. If the superintendent of insurance b y and with the advice and written
approval of the attorney general certifies that any scheme of compensation, benefit
or insurance for the- workman of an employer in any employment to which this act
applies, whether or not such scheme includes other employers and their workmen,
provides scales of compensation not less favorable to the workmen and their depend
ents than the corresponding scales contained in this act, and that, where the scheme
provides for contributions b y the workman, the scheme confers benefits at least
equivalent to those contributions, in addition to the benefits to which the workmen
would have been entitled under this act or their equivalents, the employer, may,
while the certificate is in force, contract with any of his workmen that the provisions
of the scheme shall be substituted for the provisions of this act; and thereupon the
employer shall be liable only in accordance with that scheme; but, save as afore
said, this act shall not apply notwithstanding any contract to the contrary made after
this act becomes a law.
Sec. 40. No scheme shall be so certified which does not contain suitable provisions
for the equitable distribution of any moneys or securities held for the purpose of the
scheme, after due provision has been made to discharge the liabilities already accrued,
if and when such certificate is revoked or the scheme otherwise terminated.
Sec. 41. If at any time the scheme no longer fulfills the requirements of this article,
or is not fairly administered, or other valid and substantial reasons therefor exist, the
superintendent of insurance b y and with the attorney general shall revoke the certifi
cate and the scheme shall thereby be terminated.
124
BULLETIN OF THE BUBEAU OF LABOR.
S e c . 42. W h ere a c e rtifie d schem e is in e ffe ct th e e m p lo ye r s h a ll answ er a ll such
in q u irie s and fu rn is h a ll such accounts in regard th ereto as m a y be re q u ire d b y the
su p e rin te n d e n t.
S ec . 43. The superintendent of insurance may make all rules and regulations neces
sary to carry out the purposes of the four preceding sections.
Sec. 44. A ll employers as defined b y this act who shall elect to com e within the
provisions of this act and of all acts amendatory hereof shall do so b y filing a statement
to such effect with the secretary of state of this State at any time after taking effect
of this acst, which election shall be binding upon such em ployer for the term of one
year from the date of the filing of such statement, and thereafter, without further act
on his part, for successive terms of one year each, unless such employer shall, at least
sixty days prior to the expiration of such first or of any succeeding year, file in the
office of the secretary of state a notice in writing to the effect that ne withdraws his
election to be subject to the provisions of this act. Notice of such election or with
drawal shall be forthwith posted b y such em ployer in conspicuous places in and about
his place of business.
S e c . 45. Every em ployee entitled to com e within the provisions of this act, shall
be presumed to nave done so unless he serve written notice, before injury, upon his
employer that he elects not to accept thereunder and thereafter any such em ployee
desiring to change his election shall only do so b y serving written notice thereof upon
his employer. A n y contract wherein an employer requires of an em ployee as a con
dition of em ploym ent th#fc he shall elect not to com e within the provisions of this act
shall be void.
Sec. 46. In any action to recover damages for a personal injury sustained within
this State b y an employee (entitled to com e within the provisions of this act) while
engaged in the line of his duty as such or for death resulting from personal injury so
sustained, in which recovery is sought upon the ground of want of due care of the
employer or of any officer, agent or servant of the employer, where such employer is
witnin the provisions hereof, it shall not be a defense to any employer (as herein in
this act defined) who shall not have elected, as hereinbefore provided, to com e within
the provisions of this ac t : (a) That the em ployee either expressly or im pliedly assumed
the risk of the hazard complained of; (b) that the injury or death was caused in whole
or in part b y the want o f due care or a fellow servant; (c) that such em ployee was
guilty of contributory negligence bu t such contributory negligence of said em ployee
shall be considered b y the jury in assessing the amount of recovery.
Sec. 47. In an action to recover damages for a personal injury sustained within
this State b y an employee (entitled to come within the provisions of this act) while
engaged in the line of his duty as such or for death resulting from personal injury so
sustained in which recovery is sought upon the ground of want of due care of the em
ployer or of any officer, agent or servant of the employer, and where such employer
has elected to come and is within the provisions of this act as hereinbefore provided,
it shall be a defense for such employer in all cases where said em ployee has elected
not to com e within the provisions of this act; (a) That the em ployee either expressly
or im pliedly assumed the risk of the hazard complained of; (b) that the injury or
death was caused in whole or in part b y the want of due care of a fellow servant; (c)
that said em ployee was guilty of contributory negligence: Provided, however, That
none of these defenses shall be available where the injury was caused b y the willful
or gross negligence of such employer, or of any managing officer, or managing agent of
said employer, or where under the law existing at the time of the death or injury such
defenses are not available.
^Sec . 48. Nothing in this act shall be construed to amend or repeal section 6999 of
the General Statutes of Kansas of 1909, or House bill No. 240 of the Session of 1911,
the same being “ An act relating to the liability of common carriers b y railroads to their
employees in certain cases, and repealing all acts and parts of acts so far as the same
are in conflict herewith.”
S e c . 49. This act shall take effect and be in force from and after its publication in
the statute book, and the first day of January, 1912.
MARYLAND.
[The cooperative insurance law of Maryland, applicable to coal and clay miners in
Allegany and Garrett counties, was printed in Bulletin No. 91, pp. 1066-1070.]
MONTANA.
[The cooperative insurance law of Montana, applicable to coal mine employees,
was printed in Bulletin No. 85, pp. 658-661.]
w o r k m e n ' s c o m p e n sa t io n a n d in s u r a n c e .
125
NEW HAMPSHIRE.
ACT A PPR O V E D A P R IL 15. 1911.
Section 1. This act shall apply only to workmen engaged in manual or mechanical
labor in the employments described m this section, which, from the nature, condi
tions or means of prosecution of such work, are dangerous to the life and lim b of work
men engaged therein, because in them the risks of employm ent and the danger of
injury caused b y fellow servants are great and difficult to avoid, (a) The operation
on steam or electric railroads of locomotives, engines, trains or cars, or the construction,
alteration, maintenance or repair of steam railroad tracks or roadbeds over which
such locomotives, engines, trains or cars are or are to b e operated, (b ) Work in any
shop, mill, factory or other place on, in connection with or in proxim ity to any hoist
ing apparatus, or any machinery propelled or operated b y steam or other mechanical
power in which shop, mill, factory or other place five or more persons are engaged in
manual or mechanical labor, (c) The construction, operation, alteration or repair of
wires or lines of wires, cables, switchboards or apparatus, charged with electric cur
rents. (d) A ll work necessitating dangerous proxim ity to gunpowder, blasting pow
der, dynamite or any other explosives, where the same are used as instrumentalities
of the industry, or to any steam boiler owned or operated b y the employer, provided
injury is occasioned b y the explosion of any such boiler or explosive, (e) Work in
or about any quarry, mine or foundry. As to each of said employments it is deemed
necessary to establish a new system of compensation for accidents to workmen.
Sec. 2. If, in the course of any of the employments above described, personal injury
b y accident arising out of and in the course o f the employm ent is caused to any work
man employed therein, in whole or in part, b y failure of the employer to com ply with
any statute, or with any order made under authority of law, or b y the negligence of
the employer or any of his or its officers, agents or employees, or b y reason of any
defect or insufficiency due to his, its or their negligence in the condition of his or its
plant, ways, works, machinery, cars, engines, equipment, or appliances, then such
employer shall b e liable to sucn workman for all damages occasioned to him , or, in
case of his death, to his personal representatives for all damages now recoverable under
the provisions of chapter 191 of the Public Statutes. The workman shall not be held
to have assumed the risk of any injury, due to any cause specified in this section; but
there shall b e no liability under this section for any injury to which it shall b e made
to appear b y a preponderance of evidence that the negligence of the plaintiff con
tributed. The damages provided for b y this section shall be recovered in an action on
the case for negligence.
Sec. 3. The.provisions of section 2 of this act shall not apply to any employer who
shall have filed with the commissioner of labor his declaration in writing that he
accepts the provisions of this act as contained in the succeeding sections, and shall
have satisfied the commissioner of labor of his financial ability to com ply with its pro
visions, or shall have filed with the commissioner of labor a bond, in such form and
amount as the commissioner may prescribe, conditioned on the discharge b y such
employer of all liability incurred under this act. Such bond shall be enforced b y
the commissioner of labor for the benefit of all persons to whom such employer may
becom e liable under this act in the same manner as probate bonds are enforced. The
commissioner may, from tim e to time, order the filing of new bonds, when in his judg
ment such bonds are necessary; and after thirty days from the communication of such
order to any employer, such employer shall be subject to the provisions of section 2
of this act until such order has been com plied with. The employer may at any time
revoke his acceptance of the provisions of the succeeding sections of this act b y filing
with the commissioner of labor a declaration to that effect, and b y posting copies of
such declaration in conspicuous places about the place where his workmen are
employed. A n y person aggrieved b y any decision of the commissioner under this
section may apply b y petition to any justice of the superior court for a review of such
decision and said justice on notice and hearing shall make such order affirming,
reversing or modifying such decision as justice may require; and such order shall be
final. Such employer shall be liable to all workmen engaged in any of the em ploy
ments specified in section 1, for any injury arising out of and in the course of their
employment, in the manner provided in the following sections of this act: Pro
vided, That the employer shall not be liable in respect of any injury which does not
disable the workman for a period of at least two weeks from earning full wages at the
work at which he was em ployed: And, provided, That the employer shall not be
liable in respect of any injury to the workman which is caused in whole or in part
85048°— Bull. 92— 11----- 9
126
BULLETIN" OF THE BUREAU OF LABOR.
b y the intoxication, violation of law, or serious or willful misconduct of the workman:
Provided, further, That the employer shall at the election of the workman, or his per
sonal representative, be liable under the provisions of section 2 of this act for all
injury caused in whole or in part b y willful failure of the employer to com ply with
any statute, or with any order made under authority of law.
Sec. 4. The right of action for damages caused b y any such injury, at common law,
or under any statute in force on January one, nineteen hundred and eleven, shall not
be affected b y this act, but in case the injured workman, or in event of his death
his executor or administrator, shall avail himself of this act, either b y accepting any
compensation hereunder, b y giving the notice hereinafter prescribed, or b y beginning
proceedings therefor in any manner on account of any such injury, he shall be barred
from recovery in every action at common law or under any other statute on account
of the same injury. In case after such injury the workman, or in the event of his
death his executor or administrator, shall commence any action at common law or
under any statute other than this act against the employer therefor, he shall be barred
from all benefit of this act in regard thereto.
Sec. 5. No proceeding for compensation under this act shall be maintained unless
notice of the accident as hereinafter provided has been given to the employer as soon
as practicable after the happening thereof and before the workman has voluntarily
left the employm ent in which he was injured and during such disability, and unless
claim for compensation has been made within six months from the occurrence of the
accident, or in case of the death of the workman, or in the event of his physical or
mental incapacity, within six months after such death or the removal of such physi
cal or mental incapacity, or in the event that weekly payments have been made under
this article, within six months after such payments have ceased, but no want or defect
or inaccuracy of a notice shall be a bar to the maintenance of proceedings unless the
employer proves that he is prejudiced b y such want, defect or inaccuracy. Notice
of the accident shall apprise the employer of the claim for compensation under this
article, and shall state the name and address of the workman injured, and the date
and place of the accident. The notice may be served personally or b y sending it b y
mail in a registered letter addressed to the employer at his last known residence or
place of business.
S ec. 6. (1) The amount of compensation shall be, in case death results from injury:
(a) If the workman leaves any widow, children or parents, resident of this State, at
the time of his death, then wholly dependent on his earnings, a sum to compensate
them for loss, equal to one hundred and fifty times the average weekly earnings of
such workman when at work on full time during the preceding year during w h im he
shall have been in the employ of the same employer, or if he shall have been in the
employment of the same employer for less than a year then one hundred and fifty
times his average weekly earnings on full time for such less period. But in no event
shall such sum exceed three thousand dollars. A ny weekly payments made under
this act shall be deducted from the sum so fixed, (b) If such widow, children or
parents at the time of his death are in part only dependent upon his Gamings, such
proportion of the benefits provided for those wholly dependent as the amount of the
wage contributed b y the deceased to such partial dependents at the time of injury
bore to the total wage of the deceased, (c) If he leaves no such dependents, the
reasonable expenses of his medical attendance and burial, not exceeding one hundred
dollars. Whatever sum may b e determined to b e payable under this act in case of
death of the injured workman shall be paid to his legal representative for the benefit
of such dependents, or if he leaves no such dependents, for the benefit of the persons
to whom the expenses of medical attendance and burial are due.
(2) Where total or partial incapacity for work at any gainful employment results
to the workman from the injury, a weekly payment commencing at the end of the
second week after the injury ana continuing during such incapacity, subject as herein
provided, not exceeding fifty per centum of his average weekly earnings when at
work on full time during the preceding year during which he shall have been in the
employment of the same employer, or if he shall have been in the employment of
the same employer for less than a year, then a weekly payment of not exceeding one
half the average weekly earnings on full time for such less period. In fixing the
amount of the weekly payment, regard shall b e had to the difference between the
amount of the average earnings of the workman before the accident and the average
amount he is able to earn thereafter as wages in the same employm ent or otherwise.
In fixing the amount o f the weekly payment, regard shall b e had to any payment,
allowance or benefit which the workman may have received from the employer during
the period of his incapacity, and in the case of partial incapacity the weekly payment
shall in no case exceed the difference between the amount of the average weekly
earnings of the workman before the accident and the average weekly amount which
w o r k m e n ’ s c o m p e n s a t io n a n d in s u r a n c e .
127
he is earning or is able to earn in the same employment or otherwise after the accident,
but shall amount to one-half of such difference. In no event shall any compensation
paid under this act exceed the damage suffered, nor shall any weekly payment pay
able under this act in any event exceed ten dollars a week or extend over more than
three hundred weeks from the date of the accident. Such paym ent shall continue
for such period of three hundred weeks provided total or partial disability continue
during such period. No such payment payable under this act in any event prior to
the giving of the notice required by section five of this act.
Sec. 7. Any workman entitled to receive weekly payments under this act is required,
if requested b y the employer, to submit himself for examination b y a duly qualified
medical practitioner or surgeon provided and paid for b y the employer, at a time and
place reasonably convenient for the workman, within two weeks after the injury,
and thereafter at intervals not oftener than once in a week. If the workman refuses
to submit to such examination, or obstructs the same, his right to weekly payments
shall be suspended until such examination has taken place, and no compensation
shall b e payable during or for account of such period.
Sec. 8. In case an injured workman shall oe mentally incompetent at the time
when any right or privilege accrues to him under this act, the guardian of the incom
petent appointed pursuant to law may, on behalf of such incompetent, claim and
exercise any such right or privilege with the same force and effect as if the workman
himself had been competent and had claimed or exercised any such right or privilege,
and no limitation of time in this act provided for shall run so long as said incompetent
workman has no guardian.
Sec. 9. A n y question as to compensation w hich may arise under this act shall be
determined b y agreement or b y an action at equity as hereinafter provided. In case
the employer fail to make compensation as herein provided, the injured workman, or
his guardian, it such be appointed, or his executor or administrator, may then bring
an action to recover compensation under this act in any court having jurisdiction oi
an action for recovery of damages for negligence for the same injury between the same
parties. Such action shall be b y petition in equity, which may b e made returnable
at the appropriate term of the superior court or may be filed in the office of the clerk
of the superior court and presented in term time or vacation to any justice of said
court, who on reasonable notice shall hear the parties and render judgment thereon.
The judgment in such action if in favor of the plaintiff shall b e for a lum p sum equal
to the amount of payments then due and prospectively due under this act. In such
action b y an executor or administrator the judgment may provide the proportions of
the award or the costs to be distributed to or between the several dependents. I f such
determination is not made it shall be determined b y the probate court in w hich such
executor or administrator is appointed, in accordance with this act, on petition of any
interested, on such notice as such court may direct. A n y employer who has
red his intention to act under the compensation features of this act shall also
have the right to apply b y similar proceedings to the superior court or to any justice
thereof for a determination of the amount of the weekly payments to be paid the
injured workman, or of a lump sum to b e paid the injured workman in lieu of such
weekly payments; and either such employer or workman may apply to said superior
court or to any justice thereof in similar proceeding for the determination of any other
question that may arise under the compensation feature of this act; and said court or
justice, after reasonable notice and hearing, may make such order as to the matter in
dispute and taxable costs as justice may require.
Sec. 10. A n y person entitled to w eekly payments under this act against any em
ployer shall have the same preferential claim therefor against the assets of the employer
as is allowed b y law for a claim b y such person against such employer for unpaid wages
or personal services. W eekly payments due under this act shall not be assignable or
subject to levy, execution, attachment or satisfaction of debts. A n y right to receive
compensation under this act shall be extinguished b y the death of the person entitled
thereto.
Sec. 11. No claim of any attorney at law for any contingent interest in any recovery
under tnis act for services in securing such recovery or for disbursements shall be an
enforceable lien on such recovery, unless the account of the same be approved in
writing b y a justice of the superior court, or, in case the same be tried in any court,
b y the justice presiding at such trial.
Sec. 12. Every employer subject to the provisions of this act shall from time to time
make to the commissioner of labor such returns as to its operation as said commissioner
may require upon blanks to b e furnished b y said commissioner. A n y employer failing
to make such returns when required b y said commissioner shall, until such returns are
made, be subject to the provisions of section 2 of this act.
Sec. 13. This act shall take effect January first, nineteen hundred and twelve.
S
128
BULLETIN OF THE BUREAU OF LABOR.
NEW JERSEY.
ACT OF A P R IL 4,1911.
Section I .— Compensation by action at law.
1. When personal injury is caused to an employee b y accident arising out of and in
the course of his employment, of w hich the actual or lawfully im puted negligence of
the employer is the natural and proximate cause, he shall receive compensation there
for from his employer, provided the em ployee was himself not w illfully negligent at
the time of receiving such injury, and the question of whether the em ployee was w ill
fully negligent shall be one of met to b e submitted to the jury, subject to the usual
superintending powers of a court to set aside a verdict rendered contrary to the evi
dence.
2. The right to compensation as provided b y Section I of this act sha! 1 not be de
feated upon the ground that the injury was caused in any degree b y the negligence of
a fellow em ployee; or that the injured em ployee assumed the risks inherent in or inci
dental to or arising out of his em ploym ent or arising from the failure of the employer
to provide and maintain safe premises and suitable appliances; w hich said grounds of
defense are hereby abolished.
3. If an em ployer enters into a contract, written or verbal, with an independent
contractor to do part of such em ployer’s work, or if such contractor enters into a con
tract, written or verbal, w ith a subcontractor to do all or any part of such work com
prised in such contractor’s contract w ith the employer, such contract or subcontract
shall not bar the liability of the employer under this act for injury caused to an em
ployee of such contractor or subcontractor b y any defect in the condition of the ways,
works, machinery or plant if the defect arose or had not been discovered and remedied
through the negligence of the employer or some one entrusted b y him w ith the du ty
of seeing that they were in proper condition. This paragraph shall apply only to
actions arising under section one.
4. The provisions of paragraphs one, two and three shall apply to any claim for the
death of an employee arising under an act entitled “ An act to provide for the recovery
of damages in cases where the death of a person is caused b y wrongful act, neglect or
default,” approved March third, eighteen hundred and forty-eight, and the amend
ments thereof and supplements thereto.
5. In all actions at law brought pursuant to Section I of this act, the burden of proof
to establish w illful negligence in the injured em ployee shall be upon the defendant.
6. No claim for legal services or disbursements pertaining to any demand made or
suit brought under the provisions of this act shall b e an enforceable lien against the
amount paid as compensation, unless the same b e approved in writing b y the judge or
justice presiding at the trial, or in case of settlement without trial, b y the judge of the
circuit court of the district in w hich such issue arose: Provided, That if notice in writing
be given the defendant of such claim for legal services or disbursements, the same shall
be a lien against the amount paid as compensation, subject to determination of the
amount and approval hereinbefore provided.
Section I I .— Elective compensation.
7. When employer and em ployee shall b y agreement, either express or implied, as
hereinafter provided, accept the provisions of Section I I of this act, compensation for
personal injuries to or for the death of such employee b y accident arising out of and in
the course of his employm ent shall b e made b y the employer without regard to the
negligence of the employer, according to the schedule contained in paragraph eleven,
in all cases except when the injury or death is intentionally self-inflicted, or when
intoxication is the natural and proximate cause of injury, and the burden of proof of
such fact shall b e upon the employer.
8. Such agreement shall be a surrender b y the parties thereto of their rights to any
other method, form or amount of compensation or determination thereof than as
provided in Section I I of this act, and an acceptance of all the provisions of Section
I I of this act, and shall bind the em ployee himself and for compensation for his death
shall bind his personal representatives, his widow and next of kin, as well as the
employer, and those conducting his business during bankruptcy or insolvency.
9. Every contract of hiring made subsequent to the time provided for this act to take
effect shall be presumed to have been made with reference to the provisions of Section
I I of this act, and unless there be as a part of such contract an express statement in
writing, prior to any accident, either in the contract itself or b y written notice from
either party to the other, that the provisions of Section I I of this act are not intended
WORKMEN S COMPENSATION AND INSURANCE.
129
to apply, then it shall be presumed that the parties have accepted the provisions of
Section I I of this act and have agreed to be bound thereby. In the employm ent of
minors, Section I I shall be presumed to apply unless the notice be given o y or to the
parent or guardian of the minor.
10. The contract for the operation of the provisions of Section I I of this act may be
terminated b y either party upon sixty days’ notice in writing prior to any accident.
11. Following is the schedule of compensation:
(a) For injury producing temporary disability, fifty per centum of the wages
received at the time of injury, subject to a maximum compensation of ten dollars per
week and a minimum of five dollars per week: Provided, That if at the time of injury
the em ployee receives wages of less than five dollars per week, then he shall receive
the full amount of such wages per week. This compensation shall be paid during
the period of such disability, not, however, beyond three hundred weeks.
(b) For disability total in character and permanent in quality, fifty per centum of
the wages received at the time of injury, subject to a maximum compensation of ten
dollars per week and a minimum of five dollars per week: Provided, That if at the
time of injury the em ployee receives wages of less than five dollars per week, then
he shall receive the rail amount of wages per week. This compensation shall be
paid during the period of such disability, not, however, beyond four hundred weeks.
(c) For disability partial in character but permanent in quality, the compensation
shall be based upon the extent of such disability. In cases included b y the following
schedule the compensation shall be that named, in the schedule, to w it:
For the loss of a thumb, fifty per centum of daily wages during sixty weeks.
For the loss of a first finger, com m only called index finger, fifty per centum of daily
wages during thirty-five weeks.
For the loss of a second finger, fifty per centum of daily wages during thirty weeks.
For the loss of a third finger, fifty per centum of daily wages during twenty weeks.
For the loss of a fourth finger, com m only called little finger, fifty per centum of
daily wages during fifteen weeks.
The loss of the first phalange of the thumb, or of any finger, shall be considered to
b e equal to the loss o f one-half of such thumb, or finger, and compensation shall be
one-half the amounts above specified.
The loss of more than one phalange shall be considered as the loss of the entire
finger or thumb: Providing, however, That in no case shall the amount received for
more than one finger exceed the amount provided in this schedule for the loss of a hand.
For the loss of a great toe, fifty per centum of daily wages during thirty weeks.
For the loss of one of the toes other than a great toe, fifty per centum of daily wages
during ten weeks.
For the loss of the first phalange of any toe shall be considered to be equal to the
loss of one-half of such toe, and compensation shall be one-half of the amount above
specified.
The loss of more than one phalange shall be considered as the loss of the entire toe.
For the loss of a hand, fifty per centum of daily wages during one hundred and fifty
weeks.
For the loss of an arm, fifty per centum of daily wages during two hundred weeks.
For the loss of a foot, fifty per centum of daily wages during one hundred and twentyfive weeks.
For the loss of a leg, fifty per centum of daily wages during one hundred and seventyfive weeks.
For the loss of an eye, fifty per centum of daily wages during one hundred weeks.
The loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of
any two thereof, shall constitute total and permanent disability, to be compensated
according to the provisions of clause (b).
In all other cases in this class the compensation shall bear such relation to the
amounts stated in the above schedule as the disabilities bear to those produced b y
the injuries named in the schedule. Should the employer and em ployee be unable
to agree upon the amount of compensation to be paid m cases not covered b y the
schedule, the amount of compensation shall be settled according to the provisions of
paragraph twenty hereof.
The amounts specified in this clause are all subject to the same limitations as to
maximum and minimum as are stated in clause (a).
12. In case oi death compensation shall be computed but not distributed on the
following basis:
(1) Actual dependents.
If orphan or orphans, a minimum of twenty-five per centum of wages of deceased,
with ten per centum additional for each orphan in excess of two, with a maximum of
sixty per centum.
130
BULLETIN OF THE BUREAU OF LABOR.
If widow alone, twenty-five per centum of wages.
If widow and one child, forty per centum of wages.
If widow and two children, forty-five per centum of wages.
If widow and three children, fifty per centum of wages.
If widow and four children, fifty-five per centum of wages.
If widow and five children or more, sixty per centum of wages.
If widow and father or mother, fifty per centum of wages.
If grandparents, grandchildren, or minor, or incapacitated brothers or sisters,
twenty-five per centum of wages.
Compensation in case of death shall be computed on the basis of the foregoing
schedule, but shall be distributed according to the laws of this State providing for the
distribution of the personal property of an intestate decedent, unless decedent has in
fact left a will.
(2) No dependents.
Expense of last sickness and burial not exceeding two hundred dollars.
In computing compensation to orphans or other children, only those under sixteen
years of age shall be included, and only during the period in which they are under
that age, at which time payment on account of such child shall cease.
The compensation in case of death shall b e subject to a maximum compensation of
ten dollars per week and a minimum of five dollars per week: Provided, That if at
the time of injury the em ployee receives wages of less than five dollars per week, then
the compensation shall be the full amount of such wages per week. This compensa
tion shall be paid during three hundred weeks.
Compensation under m is schedule shall not apply to alien dependents not residents
of the United States.
13. N o compensation shall be allowed for the first two weeks after injury received,
except as provided b y paragraph fourteen, nor in any case unless the employer has
actual knowledge of the injury or is notified thereof within the period specified in
paragraph fifteen.
14. During the first two weeks after the injury the employer shall furnish reasonable
m edical and hospital services and medicines, as and when needed, not to exceed one
hundred dollars in value, unless the em ployee refuses to allow them to be furnished
b y the employer.
15. Unless the employer shall have actual knowledge of the occurrence of the injury,
or unless the employee, or some one on his behalf, or some of the dependents, or some
one on their behalf, shall give notice thereof to the employer within fourteen days of
the occurrence of the injury, then no compensation shall be due until such notice is
given or knowledge obtained. If the notice is given, or the knowledge obtained
within thirty days from the occurrence of the injury, no want, failure, or inaccuracy
of a notice shall be a bar to obtaining compensation, unless the employer shall show
that he was prejudiced b y such want, defect or inaccuracy, and then only to the extent
of such prejudice. If the notice is given, or the knowledge obtained within ninety
days, and if the employee, or other beneficiary, shall show that his failure to give
pnor notice was due to his mistake, inadvertence, ignorance of fact or law, or inability,
or to the fraud, misrepresentation or deceit of another person, or to any other reason
able cause or excuse, then compensation may be allowed, unless, and then to the
extent only that the employer shall show that he was prejudiced b y failure to receive
such notice. Unless knowledge be obtained, or notice given, within ninety days
after the occurrence of the ihjury, no compensation shall b e allowed.
16. The notice referred to may be served personally upon the employer, or upon any
agent of the employer upon whom a summons may b e served in a civ il action, or b y
sending it through the mail to the employer at the last known residence or business
place thereof within the State, and shall be substantially in the following form:
T o (nam e of e m p lo ye r):
Y ou are hereby notified that a personal injury was received b y (name of employee
injured), who was in your em ploy at (place) while engaged as (nature of employ
ment), on or about the (------ ) day of (----------), nineteen hundred and (------ ), and that
compensation will be claim ed therefor.
Signed,
(-------------------- ).
but no variation from this form shall be material if the notice is sufficient to advise the
employer that a certain employee, b y name, received an injury in the course of his
employment on or about a specified time, at or near a certain place. Notice served at
the office of, or on the person who was the employer’ s immediate superior, shall be a
compliance with this act.
17. After an injury, the employee, if so requested b y his employer, must submit
himself for examination at some reasonable time and place within the State, and as
WORKMEN S COMPENSATION AND INSURANCE.
131
often as may be reasonably requested, to a physician or physicians authorized to prac
tice under m e laws of this State. If the employee requests, he shall be entitled to have
a physician or physicians of his own selection present to participate in such examina
tion. The refusal of the employee to submit to such examination shall deprive him
of the right to compensation during the continuance of such refusal. When a right to
compensation is thus suspended no compensation shall be payable in respect of the
period of suspension.
18. In case of a dispute over, or failure to agree upon, a claim for compensation
between employer and employee, or the dependents of the employee, either party
may submit the claim, both as to questions of fact, the nature and effect of the injuries,
and the amount of compensation therefor according to the schedule herein provided,
to the judge of the court of common pleas of such com ity as would have jurisdiction
in a civ il case, or where there is more than one judge of said court, then to either or
any of said judges of such court, which judge is hereby authorized to hear and deter
mine such disputes in a summary maimer, and his decision as to all questions of fact
shall be conclusive and binding.
19. In case of death, where no executor or administrator is qualified, the said judge
shall, b y order, direct payment to be made to such person as would be appointed
administrator of the estate of such decedent upon like terms as to bond for the proper
application of compensation payments as are required of administrators.
20. Procedure in case of dispute shall be as follows:
Either party may present a petition to said judge setting forth the names and resi
dences of the parties and the facts relating to employm ent at the time of injury, the
injury in its extent and character, the amount of wages received at the time of injury,
the knowledge of the employer or notice of the occurrence of said injury, and such
other facts as may be necessary and proper for the information of the said judge, and
shall state the matter or matters in dispute and the contention of the petitioner with
reference thereto. This petition shall be verified b y the oath or amrmation of the
petitioner.
Upon the presentation of such petition the same shall be filed with the clerk of the
court of common pleas, and the judge shall fix a time and place for the hearing thereof,
not less than three weeks after the date of the filing of said petition. A cop y of said
petition shall be served as summons in a civ il action and may be served within
four days thereafter upon the adverse party. Within seven days after the service of
such notice the adverse party shall file an answer to said petition, which shall admit or
deny the substantial averments of the petition, and shall state the contention of the
defendant with reference to the matters in dispute as disclosed b y the petition. The
answer shall be verified in like manner as required for a petition.
A t the time fixed for hearing or any adjournment thereof the said judge shall hear
such witnesses as may be presented b y each party, and in a summary manner decide
the merits of the controversy. This determination shall be filed in writing with the
clerk of the common pleas court, and judgment shall be entered thereon in the same
manner as in causes tried in the court of common pleas, and shall contain a statement
of facts as determined b y said judge. Subsequent proceedings thereon shall only be
for the recovery of moneys thereby determined to be due: Provided, That nothing
herein contained shall be construed as limiting the jurisdiction of the supreme court
to review questions of law b y certiorari. Costs may be awarded b y said judge in his
discretion, and when so awarded the same costs shall be allowed, taxed and collected
as are allowed, taxed and collected for like services in the common pleas court.
21. The amounts payable periodically as compensation may be commuted to one or
more lump sum payments b y the judge of the court of common pleas having jusisdiction as set forth in the preceding paragraph, upon the application of either party, in
his discretion, provided the same be in the interest of justice. Unless so approved, no
compensation payments shall be commuted.
A n agreement of award of compensation may be modified at any time b y a subse
quent agreement, or at any time after one year from the time when the same became
operative it may be reviewed upon the application of either party on the ground that
the incapacity of the injured employee has subsequently increased or diminished. In
such case the provisions of paragraph seventeen with reference to medical examination
shall apply.
22. The right of compensation granted b y this act shall have the same preference
3t the assets of the employer as is now or may hereafter be allowed b y law for a
for unpaid wages for labor. Claims or payments due under this act shall not be
assignable, and shall be exem pt from all claims of creditors and from levy, execution
or attachment.
E
132
BULLETIN OF THE BUREAU OF LABOR.
Section I I I .— General provisions.
23. For the purposes of this act, willful negligence shall consist of (1) deliberate act
or deliberate failure to act, or (2) such conduct as evidences reckless indifference to
safety, or (3) intoxication, operating as the proximate cause of injury.
Wherever in this act the singular is used the plural shall be included; where the
masculine gender is used, the feminine and neuter shall be included.
Employer is declared to be synonymous with master and includes natural persons,
partnerships and corporations; employee is synonymous with servant and includes all
natural persons who perform service for another for financial consideration, exclusive
of casual employments.
Amputation between the elbow and the wrist shall be considered as the equivalent
of the loss of a hand, and amputation between the knee and the ankle shall be con
sidered as the equivalent of the loss of a foot.
24. In case for any reason any paragraph or any provision of this act shall be ques
tioned in any court and shall be held to be unconstitutional or invalid, the same
shall not be held to affect any other paragraph or provision of this act, except that
Sections I and I I are hereby declared to be inseparable, and if either section be
declared void or inoperative in an essential part, so that the whole of such section
must fall, the other section shall fall with it and not stand alone. Section I of this
act shall not apply in cases where Section II becomes operative in accordance with
the provisions thereof, bu t shall apply in all other cases, and in such cases shall be in
extension of the common law.
25. Every right of action for negligence, or to recover damages for injuries resulting
in death, existing before this act shall take effect, is continued, and nothing in this
act contained shall be construed as affecting any such right of action, nor shall the
failure to give the notice provided for in Section II, paragraph fifteen of this act, b e a
bar to the maintenance oi a suit upon any right or action existing before this act shall
take effect.
26. A ll acts or parts of acts inconsistent with the provisions of this act are hereby
repealed.
27. This act shall take effect on the fourth day of July next succeeding its passage
and approval.
NEW YORK.
[The compensation law of New Y ork (elective) was printed in Bulletin No. 90, pp.
709-712, and in Bulletin No. 91, pp. 1091-1095.]
WASHINGTON.
ACT OF MARCH 14, 1911.
Section 1. The common-law system governing the remedy of workmen against
employers for injuries received in hazardous work is inconsistent with modem indus
trial conditions. In practice it proves to be econom ically unwise and unfair. Its
administration has produced the result that little of the cost of the employer has
reached the workman and that little only at large expense to the public. The remedy
of the workman has been uncertain, slow and inadequate. Injuries in such works,
formerly occasional, have become frequent and inevitable. The welfare of the State
depends upon its industries, and even more upon the welfare of its wageworker. The
State of Washington, therefore, exercising herein its police and sovereign power,
declares that all phases of the premises are withdrawn from private controversy, and
sure and certain relief for workmen, injured in extra hazardous work, and their fam
ilies and dependents is hereby provided regardless of questions of fault and to the
exclusion of every other remedy, proceeding or compensation, except as otherwise
provided in this act; and to that end all civil actions and civil causes of action for
such personal injuries and all jurisdiction of the courts of the State over such causes
are hereby abolished, except as in this act provided.
Sec. 2. There is a hazard in all employment, but certain employments have come
to be, and to be recognized as being inherently constantly dangerous. This act is
intended to apply to all such inherently hazardous works and occupations, and it is
the purpose to embrace all of them, which are within the legislative jurisdiction of the
State, in the following enumeration, and they are intended to be embraced within
the term “ extra hazardous” wherever used in this act, to-wit:
Factories, mills and workshops where machinery is used; printing, electrotyping,
photo-engraving and stereotyping plants where machinery is used; foundries, blast
furnaces, mines, wells, gas works, waterworks, reduction works, breweries, elevators,
w o r k m e n ' s c o m p e n s a t io n a n d in s u r a n c e .
133
wharves, docks, dredges, smelters, powder works; laundries operated b y power;
quarries; engineering works; logging, lumbering and shipbuilding operations; log
ging, street and interurban railroads; buildings being constructed, repaired, moved
or demolished; telegraph, telephone, electric light or power plants or lines, steam
heating or power plants, steamboats, tugs, ferries and railroads. If there be or arise
any extra hazardous occupation or work other than those hereinabove enumerated, it
shall com e under this act, and its rate of contribution to the accident fund hereinafter
established, shall be, until fixed b y legislation, determined b y the department herein
after created, upon the basis of the relation which the risk involved bears to the risks
classified in section 4.
Sec. 3. In the sense of this act words employed mean as here stated, to wit:
Factories mean undertakings in which the business of working at commodities is
carried on with power-driven machinery, either in manufacture, repair or change, and
shall include the premises, yard and plant of the concern.
Workshop means any plant, yard, premises, room or place wherein power-driven
machinery^ is employed and manual labor is exercised b y way of trade for gain or
otherwise in or incidental to the process of making, altering, repairing, printing or
ornamenting, finishing or adapting for sale or otherwise any article or part of article,
machine or thing, over which premises, room or place the employer of the person
working therein has the right of access or control.
Mill means any plant, premises, room or place where machinery is used, any process
of machinery, changing, altering or repairing any article or commodity for sale or
otherwise, together with the yards and premises which are a part of the plant, including
elevators, warehouses and bunkers.
Mine means any mine where coal, clay, ore, mineral, gypsum or rock is dug or
mined underground.
Quarry means an open cut from which coal is mined, or clay, ore, mineral, gypsum,
sand, gravel or rock is cut or taken for manufacturing, building or construction.
Engineering work means any work of construction, improvement or alteration or
repair of buildings, structures, streets, highways, sewers, street railways, railroads,
logging roads, interurban railroads, harbors, docks, canals; electric, steam or water power
plants; telegraph and telephone plants and lines; electric light or power lines, and
mcludes any other works for the construction, alteration or repair of which machinery
driven b y mechanical power is used.
Except when otherwise expressly stated, employer means any person, body of
persons, corporate or otherwise, and the legal personal representatives of a deceased
employer, all while engaged in this State in any extra hazardous work.
Workman means every person in this State, who, after September 30, 1911, is
engaged in the employment of an employer carrying on or conducting any of the
industries scheduled or classified in section 4, whether b y way of manual labor or
otherwise, and whether upon the premises or at the plant or, he being in the course of
his employment, away from the plant of his employer: Provided, however, That if the
injury to a workman occurring away from the plant of his employer is due to the negli
gence or wrong of another not in the same employ, the injured workman, or if death
result from the injury, his widow, children, or dependents, as the case may be, shall
elect whether to take under this act or seek a remedy against such other, such election
to be in advance of any suit under this section; and if he take under this act, the cause
of action against such other shall be assigned to the State for the benefit of the accident
fund; if the other choice is made, the accident fund shall contribute only the deficiency,
if any, between the amount of recovery against such third person actually collected,
and the compensation provided or estimated b y this act for such case.# Any such
cause of action assigned to the State may be prosecuted, or compromised b y the
department, in its discretion. Any compromise b y the workman of any such suit,
which would leave a deficiency to be made good out of the accident fund, may be
made only with the written approval of the department.
Any individual employer or any member or officer of any corporate employer who
shall be carried upon the pay roll at a salary or wage not less than the average salary
or wage named in such pay roll and who shall be injured, shall be entitled to the
benefit of this act as and under the same circumstances as and subject to the same
obligations as a workman.
Dependent means any of the following-named relatives of a workman whose death
results from any injury and who leaves surviving no widow, widower, or child under
the age of sixteen years, viz.: invalid child over the age of sixteen years, daughter,
between sixteen and eighteen years of age, father, mother, grandfather, grandmother,
step-father, step-mother, grandson, granddaughter, step-son, step-daughter, brother,
sister, half-sister, half-brother, niece, nephew, who, at the time of the accident, are
dependent, in whole or in part, for their support upon the earnings of the workman.
134
BULLETIN OF THE BUREAU OF LABOR.
E xcept where otherwise provided b y treaty, aliens, other than father or mother, not
residing within the United States at the time of the accident, are not included.
Beneficiary means a husband, wife, child or dependent of a workman, in whom
shall vest a right to receive payment under this act.
Invalid means one who is physically or mentally incapacitated from earning.
The word “ ch ild,” as used in this act, includes a posthumous child, a child legally
adopted prior to the injury, and an illegitimate child legitimated prior to the injury.
The words injury or injured, as used in this act, refer only to an injury resulting
from some fortuitous event as distinguished from the contraction of disease.
Sec. 4. Insomuch as industry should bear the greater portion of the burden of the
cost of its accidents, each employer shall, prior to January 15th of each year, pay into
the State treasury, in accordance with the following schedule, a sum equal to a per
centage of his total pay roll for that year, to wit: (the same being deemed the most
accurate method of equitable distribution of burden in proportion to relative hazard):
CONSTRUCTION WORK.
Tunnels; bridges; trestles; subaqueous works; ditches and canals (other than
irrigation without blasting); dock excavation; fire escapes; sewers; house
moving; house wrecking..............................................................................................
Iron, or steel frame structures or parts of structures..................................................
Electric light or power plants or systems; telegraph or telephone systems; pile
driving; steam railroads...............................................................................................
Steeples, towers or grain elevators, not metal framed; dry-docks without exca
vation; jetties; breakwaters; chimneys; marine railways; waterworks or sys
tems; electric railways with rock work or blasting; blasting; erecting fireproof
doors or shutters.............................................................................................................
Steam heating plants; tanks, water towers or windmills, not metal fram es.. . .
Shaft sinking.......................................................................................................................
Concrete buildings; freight or passenger elevators; fireproofing of buildings;
galvanized iron or tin works; gas works, or systems; marble, stone or brick
work; road making with blasting; roof work; safe moving; slate work; outside
plumbing work; metal smokestacks or chim neys...................................................
Excavations not otherwise specified; blast furnaces.................................................
Street or other grading; cable or electric street railways without blasting; adver
tising signs; ornamental metal work in buildings..................................................
Ship or boat building or wrecking with scaffolds; floating docks..........................
Carpenter work not otherwise specified............................ ...........................................
Installation of steam boilers or engines; placing wire in conduits; installing
dynamos; putting up belts for machinery; marble, stone or tile setting, inside
work; mantle setting; metal ceiling work; m ill or ship wrighting; painting of
buildings or structures; installation of automatic sprinlders; ship or boat
rigging; concrete laying in floors, foundations or street paving; asphalt laying;
covering steam pipes or boilers; installation of machinery not otherwise
specified...........................................................................................................................
Drilling wells; installing electrical apparatus or fire alarm systems in buildings;
house heating or ventilating systems; glass setting; building hot houses;
lathing; paper hanging; plastering; inside plumbing; wooden stair building;
road making....................................................................................................................
.065
.080
.050
.050
.040
.060
.050
.040
.035
.045
.035
.030
.020
OPERATION (INCLUDING REPAIR WORK) OP
(All combinations of material take the higher rate when not otherwise prov
Logging railroads; railroads; dredges; interurban electric railroads using third
rail system; dry or floating docks...............................................................................
Electric light or power plants; interurban electric railroads not using third-rail
system; quarries.............................................................................................................
Street railways, all employees; telegraph or telephone systems; stone crushing;
blasting furnaces; smelters; coal mines; gas works; steamboats; tugs; ferries..
Mines, other than coal; steam heating or power plants............................................
Grain elevators; laundries; waterworks; paper or pulp mills; garbage w orks..
led).
.050
.040
.030
.025
.020
w o r k m e n ’ s c o m p e n s a t io n a n d in s u b a n o e .
135
FACTORIES USING POWER-DRIVEN MACHINERY.
Stamping tin or m etal............................................... ......... ............................................
Bridge work; railroad car or locomotive making or repairing; cooperage; logging
with or without machinery; sawmills; shingle mills; staves; veneer; b ox;
lath; packing cases; sash, door or blinds; barrel; keg; pail; basket; tub;
woodenware or wooden-fibre ware; rolling mills; making steam shovels or
dredges; tanks; water towers; asphalt; building material not otherwise spec
ified; fertilizer; cement; stone with or without machinery; kindling wood;
masts and spars with or without machinery; canneries, metal stamping extra;
creosoting works; pile treating works........................................................................
Excelsior; iron, steel, copper, zinc, brass or lead articles or wares not otherwise
specified; working in wood not otherwise specified; hardware; tile; brick;
terra cotta; fire clay; pottery; earthenware; porcelain ware; peat fuel;
brickettes........................................................................................................................
Breweries; bottling works; boiler works; foundries; machine shops not other
wise specified..................................................................................................................
Cordage; working in foodstuffs, including oils, fruits and vegetables; working
in wool, cloth, leather, paper, broom, brush, rubber or textiles not otherwise
specified...........................................................................................................................
Making jewelry, soap, tallow, lard, grease, condensed m ilk..................................
Creameries; printing; electrotyping; photo-engraving; engraving; litho
graphing...........................................................................................................................
.045
.025
.020
.020
.015
.015
.015
MISCELLANEOUS WORK.
Stevedoring; longshoring....................................................................................................... 030
Operating stock yards, with or without railroad entry; packing houses..................... 025
Wharf operation; artificial ice, refrigerating or cold storage plants; tanneries;
electric systems not otherwise specified......................................................................... 020
Theater stage em ployes.......................................................................................................... 015
Fire works manufacturing......................................................................................................050
Powder works........................................................................................................................... 100
The application of this act as between employers and workmen shall date from and
include the first day of October, 1911. The payment for 1911 shall be made prior to
the day last named, and shall be preliminarily collected upon the pay roll of the last
preceding three months of operation. A t the end of each year an adjustment of
accounts shall be made upon the basis of the actual pay roll. A n y shortage shall be
made good on or before February 1st, following. Every employer who shall enter
into business at any intermediate day shall make his payment for the initial year or
ortion thereof before commencing operation; its amount shall be calculated upon
is estimated pay roll, an adjustment shall be made on or before February 1st of the
following year in the manner above provided.
For the purpose of such payments accounts shall be kept with each industry in
accordance with the classification herein provided and no class shall be liable for the
depletion of the accident fund fupm accidents happening in any other class. Each
class shall meet and be liable for the accidents occurring in such class. There shall
be collected from each class as an initial payment into the accident fund as above
specified on or before the 1st day of October, 1911, one-fourth of the premium of the
next succeeding year, and one-twelfth thereof at the close of each month after Decem
ber, 1911: Provided, A n y class having sufficient funds credited to its account at the
end of the first three months or any month thereafter, to meet the requirements of the
accident fund, that class shall not be called upon for such month. In case of accidents
occurring in such class after lapsed payment or payments said class shall pay the said
lapsed or deferred payments commencing at the first lapsed payment, as may be
necessary to meet such requirements of the accident fund.
The fund thereby created shall be termed the “ accident fu n d ” which shall be
devoted exclusively to the purpose specified for it in this act.
In that the intent is that the fund created under this section shall ultimately become
neither more [n]or less than self-supporting, exclusive of the expense of administration,
the rates in this section named are subject to future adjustment b y the legislature,
and the classifications to rearrangement following any relative increase or decrease of
hazard shown b y experience.
It shall be unlawful for the employer to deduct or obtain any part of the premium
required b y this section to be b y him paid from the wages or earnings of his workmen
or any of them, and the making or attempt to make any such deduction shall be a
gross misdemeanor. If, after this act shall have come into operation, it is shown b y
E
136
BULLETIN OF THE BUREAU OF LABOR.
experience under the act, because of poor or careless management, any establish
ment or work is unduly dangerous in comparison with other like establishments or
works, the department may advance its classification of risks and premium rates in
proportion to the undue hazard. In accordance with the same principle, any such
increase in classification or premium rate, shall be subject to restoration to the schedule
rate. A n y such change in classification of risks or premium rates, or any change caused
b y change in the class of work, occurring during the year shall, at the tim e of the annual
adjustment,- be adjusted b y the department m proportion to its duration in accord
ance with the schedule of this section. If, at the end of any year, it shall be seen
that the contribution to the accident fund b y any class of industry shall be less than
the drain upon the fund on account of that class, the deficiency shall be made good
to the fund on the 1st day of February of the following year b y the employers of that
class in proportion to their respective payments for the past year.
For the purposes of such payment and making good o f deficit the particular classes
of industry shall be as follows:
CONSTRUCTION WORK.
Class 1. Tunnels; sewer; shaft sinking; drilling wells.
Class 2. Bridges; millwrighting; trestles; steeples, towers or grain elevators not
metal framed; tanks, water towers, wind-mills not metal framed.
Class 3. Subaqueous works; canal other than irrigation or docks with or without
blasting; pile driving; jetties; breakwaters; marine railways.
Class 4. House m oving; house wrecking; safe moving.
Class 5. Iron or steel frame structures or parts of structures; fire escapes; erecting
fireproof doors or shutters; blast furnaces; concrete chimneys; freight or passengers ele
vators; fire proofing of buildings; galvanized iron or tin work* marble, stone or brick
work; roof work; slate work; plumbing work; metal smoke stack: or chimneys; advertis
ing signs; ornamental metal work in buildings; carpenter work not otherwise speci
fied; marble, stone or tile setting; mantle setting; metal ceiling work; painting of
buildings or structures; concrete laying in floors or foundations; glass settmg; building
hot houses; lathing; paper hanging; plastering; wooden stair building.
Class 6. Electric light and power plants or system; telegraph or telephone systems;
cable or electric railways with or without rock work or blasting; waterworks or systems;
steam heating plants; gas works or systems; installation of steam boilers or engines;
placing wires in conduits; installing dynamos; putting up belts for machinery; installa
tion of automatic sprinklers; covering steam pipes or boilers; installation of machinery
not otherwise specified; installing electrical apparatus or fire alarm systems in build
ings; house heating or ventilating systems.
Class 7. Steam railroads; logging railroads.
Class 8. Road making; street or other grading; concrete laying in street paving;
asphalt laying.
Class 9. Ship or boat building with scaffolds; shipwrighting; ship or boat rigging;
floating docks.
OPERATION (INCLUDING REPAIR WORK) OP
Class 10. Logging; sawmills; shingle mills; lath mills; masts and spars with or
without machinery.
Class 12. Dredges; dry or floating docks.
Class 13. Electric lignt or power plants or systems; steam heat or power plants or
systems; electric systems not otherwise specified.
Class 14. Street railways.
Class 15. Telegraph systems; telephone systems.
Class 16. Coal mines.
Class 17. Quarries; stone crushing; mines other than coal.
Class 18. Blast furnaces; smelters; rolling mills.
Class 19. Gas works.
Class 20. Steamboats; tugs; ferries.
Class 21. Grain elevators.
Class 22. Laundries.
Class 23. Waterworks.
Class 24. Paper or pulp mills.
Class 25. Garbage works; fertilizer.
w o r k m e n ' s c o m p e n s a t io n a n d in s u r a n c e .
137
FACTORIES (USING POWER-DRIVEN MACHINERY).
Class 26. Stamping tin or metal.
Class 27. Bridge work; making steam shovels or dredges; tanks; water towers.
Class 28. Kailroad car or locomotive making or repairing.
Class 29. Cooperage; staves; veneer; box; packing cases; sashf,] door or blinds;
barrel; keg; pail* basket; tub; wood ware or wood fiber ware; kindling wood; excelsior;
working in wood not otherwise specified.
Class 30. Asphalt.
Class 31. Cement; stone with or without machinery; building material not other
wise specified.
Class 32. Canneries of fruits or vegetables.
Class 33. Canneries of fish or meat products.
Class 34. Iron, steel, copper, zinc, Brass or lead articles or wares; hardware; boiler
works; foundries; machine shops not otherwise specified.
Class 35. T ile; brick; terra cotta; fire clay; pottery; earthenware; porcelain ware.
Class 36. Peat fuel; brickettes.
Class 37. Breweries; bottling works.
Class 38. Cordage; working in wool, cloth, leather, paper, brush, rubber or textile
not otherwise specified.
Class 39. Working in foodstuffs, including oils, fruits, vegetables.
Class 40. Condensed milk; creameries.
Class 41. Printing; electrotyping; photo-engraving; engraving; lithographing; mak
ing jewelry.
Class 42. Stevedoring; longshoring; wharf operation.
Class 43. Stockyards; packing houses; making soap, tallow, lard, grease; tanneries.
Class 44. Artificial ice, refrigerating or cold-storage plants.
Class 45. Theater stage employees.
Class 46. Fireworks manufacturing; powder works.
Class 47. Creosoting works; pile treating works.
If a single establishment for work comprises several occupations listed in this sec
tion in different risk classes, the premium shall be computed according to the pay
roll of each occupation if clearly separable; otherwise an average rate of premium
shall be charged for the entire establishment, taking into consideration the number
of employees and the relative hazards. If an employer besides employing workmen
in extra hazardous employment shall also employ workmen in employments not
extra hazardous the provisions of this act shall apply only to the extra hazardous
departments and employments and the workmen employed therein. In computing
the pay roll the entire compensation received b y every workman em ployed in extra
hazardous employment shall be included, whether it be in the form of salary? wage,
piecework, overtime, or any allowance in the way of profit sharing, premium or
otherwise, and whether payable in money, board, or otherwise.
Sec. 5. Each workman who shall b e injured whether upon the premises or at the
plant or, he being in the course of his employment, away from the plant of his employer,
or his family or dependents in case of death of the workman, shall receive out of the
accident fund compensation in accordance with the following schedule, and, except
as in this act otherwise provided, such payment shall be in lieu of any and all rights
of action whatsoever against any person whomsoever.
COMPENSATION SCHEDULE.
(a)
Where death results from the injury the expenses of burial shall be paid in all
cases, not to exceed $75 in any case, and
(1) If the workman leaves a widow or invalid widower, a monthly payment of $20
shall be made throughout the life of the surviving spouse, to cease at the end of the
month in which remarriage shall occur; and the surviving spouse shall also receive $5
per month for each ch ild of the deceased under the age of sixteen years at time of
the occurrence of the injury until such minor child shall reach the age of sixteen years,
but the total monthly payment under this paragraph (1) of subdivision (a) shall not
exceed $35. Upon remarriage of a widow she shall receive, once and for all, a lump
sum equal to twelve times her monthly allowance, v iz.: the sum of $240, but the
monthly payment for the child or children shall continue as before.
(2) If the workman leaves no wife or husband, but a child or children under the
age of sixteen years, a monthly payment of $10 shall be made to each such child until
such child shall reach the age of sixteen years, but the total monthly payment shall
not exceed $35, and any deficit shall be deducted proportionately among the
beneficiaries.
138
BULLETIN OF THE BUREAU OF LABOR.
(3) If the workman leaves no widow, widower, or child under the age of sixteen
years, but leaves a dependent or dependents, a m onthly payment shall be made to
each dependent equal to fifty per cent of the average m onthly support actually
received^ b y such dependent from the workman during the twelve months next pre
ceding the occurrence of the injury, but the total payment to all dependents in any
case shall not exceed $20 per month. If any dependent is under the age of sixteen
years at the time of the occurrence of the injury, the payment to such dependent
shall cease when such dependent shall reach the age of sixteen years. The payment
to any dependent shall cease if and when, under the same circumstances, the necessity
creating the dependency would have ceased if the injury had not happened.
If the workman is under the age of twenty-one years and unmarried at the time
of his death, the parents or parent of the workman shall receive $20 per month for
each month after his death until the time at which he would have arrived at the age of
twenty-one years.*
(4) In the event a surviving spouse receiving monthly payments shall die,
leaving a child or children under the age of sixteen years, the sum he or she shall be
receiving on account of such child or children shall be thereafter, until such child
shall a m ve at the age of sixteen years, paid to the child increased 100 per cent, but
the total to all children shall not exceed the sum of thirty-five dollars per month.
(b) Permanent total disability means the loss of both legs and both arms, or one leg
and one arm, total loss of eyesight, paralysis or other condition permanently incapaci
tating the workman from performing any work at any gainful occupation.
When permanent total disability results from the injury the workman shall receive
monthly during the period of such disability:
(1) If unmarried at the time of the injury, the sum of $20.
(2) If the workman have a wife or invalid husband, but no child under the age of
sixteen years, the sum of $25. If the husband is not an invalid, the monthly payment
of $25 shall be reduced to $15.
(3) If the workman have a wife or husband and a child or children under the age of
sixteen years, or, being a widow or widower, have any such child or children, the
monthly payment provided in the preceding paragraph shall be increased b y five
dollars for each such child until such child shall arrive at the age of sixteen years,
but the total m onthly payment shall not exceed thirty-five dollars.
(c) If the injured workman die during the period o f total disability, whatever the
cause of death, leaving a widow, invalid widower or child under the age of sixteen
years, the surviving widow or invalid widower shall receive twenty dollars per month
until death or remarriage, to be increased five dollars per month for each child under
the age of sixteen years until such child shall arrive at the age of sixteen years; but
if sucn child is or shall be without father or mother, such child shall receive ten dollars
per month until arriving at the age of sixteen years. The total com bined monthly
payment under this paragraph shall in no case exceed thirty-five dollars. Upon
remarriage the payments on account of a child or children shall continue as before to
the child or children.
(d ) When the total disability is only temporary, the schedule of payment contained
in paragraphs (1), (2) and (3) of the foregoing subdivision (d) shall apply so long as
the total disability shall continue, increased 50 per cent for the first six months of
such continuance, bu t in no case shall the increase operate to make the monthly pay
ment exceed sixty per cent of the monthly wage (the daily wage multiplied b y twentysix) the workman was receiving at the time of his injury. As soon as recovery is so
complete that the present earning power of the workman, at any kind of work, is
restored to that existing at the time of the occurrence of the injury the payments
shall cease. If and so long as the present earning power is only partially restored the
payments shall continue in the proportion which the new earning power shall bear
to the old. No compensation shall be payable out of the accident fund unless the
loss of earning power shall exceed five per cent.
(e) For every case of injury resulting in death or permanent total disability it
shall be the duty of the department to forthwith notify the State treasurer, and he
shall set apart out of the accident fund a sum of money for the case, to be known as
the estimated lump value of the monthly payments provided for it, to be calculated
upon the theory that a monthly payment of twenty dollars, to a person thirty years
of age, is equal to a lump sum payment, according to the expectancy of life as fixed
b y the American Mortality Table, of four thousand dollars, but the total in no case
to exceed the sum of four thousand dollars. The State treasurer shall invest said
sum at interest in the class of securities provided b y law for the investment of the
permanent school fund, and out of the same and its earnings shall be paid the monthly
installments and any lump sum payment then or thereafter arranged for the case.
A n y deficiency shall be made good out of, and any balance or overplus shall revert
w o r k m e n ’ s c o m p e n sa t io n a n d in s u r a n c e .
139
to the accident fund. The State treasurer shall keep accurate account of all such
segregations of the accident fund, and may borrow from the main fund to meetm onthly
payments pending conversion into cash of any security, and in such case shall
repay such temporary loan out of the cash realized from the security.
(f) Permanent partial disability means the loss of either one foot? one leg, one hand,
one arm, one eye, one or more fingers, one or more toes, any dislocation where ligaments
are severed, or any other injury known in surgery to be permanent partial disability.
For any permanent partial disability resulting from an injury, the workman shall
receive compensation in a lum p sum in an amount equal to the extent of the injury,
to be decided in the first instance b y the department, but not in any case to exceed
the sum of $1,500. The loss of one major arm at or above the elbow shall be deemed
the maximum permanent partial disability. Compensation for any other permanent
partial disability shall be in the proportion which the extent of such disability shall
bear to the said maximum. If the injured workman b e under the age of twenty-one
years and unmarried, the parents or parent shall also receive a lump sum payment
equal to ten per cent of the amount awarded the minor workman.
(g) Should a further accident occur to a workman already receiving a monthly pay
m ent under this section for a temporary disability, or who has been previously the
recipient of a lump-sum payment under this act, his future compensation shall be
adjusted according to the other provisions of this section and with regard to the com
bined effect of his injuries, and his past receipt of m oney under this act.
(h) If aggravation, diminution, or termination of disability takes place or be
discovered after the rate of compensation shall have been established or compensation
terminated in any case the department may, upon the application of the beneficiary
or upon its own motion, readjust for future application the rate of compensation in
accordance with the rules in this section provided for the same, or in a proper case
terminate the payments.
(i) A husband or wife of an injured workman, living in a state of abandonment for
more than one year at the time of the injury or subsequently, shall not b e a beneficiary
under this act.
(j) If a beneficiary shall reside or remove out of the State the department may,
in its discretion, convert any monthly payments provided for such case into a lump
sum payment (not in any case to exceed $4,000) upon the theory, according to the
expectancy of life as fixed b y the American Mortality Table, that a monthly payment
of $20 to a person thirty years of age is worth $4,000, or, with the consent of the bene
ficiary, for a smaller sum.
(k) A n y court review under this section shall be initiated in the county where
the workman resides or resided at the time of the injury, or in which the injury
occurred.
Sec. 6. If injury or death results to a workman from the deliberate intention of the
workman himself to produce such injury or death, neither the workman nor the
widow, widower, child or dependent of the workman shall receive any payment
whatsoever out of the accident fund. If injury or death results to a workman from the
deliberate intention of his employer to produce such injury or death, the workman,
the widow, widower, child or dependent of the workman shall have the privilege
to take under this act and also have cause of action against the employer, as if this act
had not been enacted, for any excess of damage over the amount received or receivable
under this act.
A minor working at an age legally permitted under the laws of this State shall be
deemed m i juris for the purpose of this act, and no other person shall have any cause
of action or right to compensation for an injury to such minor workman except as
expressly provided in this act, but in the event of a lump sum payment becoming
due under this act to such minor workman, the management of the sum shall be
within the probate jurisdiction of the courts the same as other property of minors.
S ec . 7. In case of death or permanent total disability the monthly payment provided
may b e converted, in whole or in part, into a lump sum payment (not in any case to
exceed $4,000), on the theory, according to the expectancy of life as fixed b y the
American Mortality Table, that a monthly payment of $20 to a person thirty years of
age is worth the sum of $4,000, in which event the monthly payment shall cease in
whole or in part accordingly or proportionately. Such conversion may only be made
after the happening of the injury and upon the written application of the beneficiary
(in case of minor children, the application may be b y either parent) to the department,
and shall rest in the discretion of the department. Within the rule aforesaid the
amount and value of the lump-sum payment may be agreed upon between the
department and the beneficiary.
Sec. 8. If any employer shall default in any payment to the accident fund here
inbefore in this act required, the sum due shall be collected b y action at law in the
140
BULLETIN OF THE BUREAU OF LABOR.
name ol the State as plaintiff, and such right of action shall be in addition to any other
right of action or remedy. In respect to any injury happening to any of his workmen
during the period of any default in the payment of any premium under section 4,
the defaulting employer shall not, if such default be after demand for payment, be
entitled to the benefits of this act, but shall be liable to suit b y the injured workman
(or the husband, wife, child or dependent of such workman in case death result from
the accident), as he would have been prior to the passage of this act.
In case the recovery actually collected in such suit shall equal or exceed the
compensation to which the plaintiff therein would be entitled under this act, the
plaintiff shall not be paid anything out of the accident fund; if the said amount shall
be less than such compensation under this act, the accident fund shall contribute
the amount of the deficiency. The person sd entitled under the provisions of this
section to sue shall have the choice (to be exercised before suit) of proceeding b y suit
or taking under this act. If such person shall take under this act, the cause of action
against the employer shall be assigned to the State for the benefit of the accident
fund. In any suit brought upon such cause of action the defense of fellow servant
and assumption of risk shall b e inadmissible, and the doctrine of comparative negli
gence shall obtain. A n y such cause of action assigned to the State may be prosecuted
or compromised b y the department in its discretion. A n y compromise b y the work
man of any such suit, whicn would leave a deficiency to b e made good out of the acci
dent fund, may b e made only with the written approval of the department.
S ec . 9. If any workman shall be injured because of the absence of any safeguard
or protection required to b e provided or maintained b y , or pursuant to, any statute or
ordinance, or any departmental regulation under any statute, or be, at the time of
the injury, of less than the maximum age prescribed b y law for the employm ent of a
minor in the occupation in which he shall be engaged when injured, the employer
shall, within ten days after demand therefor b y the department, pay into the acci
dent fund, in addition to the same required b y section 4 to be paid:
(a) In case the consequent payment to the workman out of the accident fund be
a lump sum, a sum equal to 50 per cent of that amount.
(b) In case the consequent payment to the workman be payable in monthly pay
ments, a sum equal to 50 per cent of the lump value of such monthly payment, esti
mated in accordance with the rule stated in section 7.
The foregoing provisions of this act shall not apply to the employer if the absence of
such guard or protection be due to the removal thereof b y the injured workman him
self or with his knowledge b y any of his fellow workmen, unless such removal be b y
order or direction of the employer or superintendent or foreman of the employer, or
any one placed b y the employer in control or direction of such workman. If the re
moval of such guard or protection be b y the workman himself or with his consent b y
any of his fellow workmen, unless done b y order or direction of the employer or the
superintendent or foreman of the employer, or any one placed b y the employer in
control, or direction of such workman, the schedule of compensation provided in
section 5 shall b e reduced 10 per cent for the individual case of such workman.
S ec . 10. No money paid or payable under this act out of the accident fund shall,
prior to issuance and delivery of the warrant therefor, be capable of being assigned,
charged, nor ever be taken in execution or attached or garnished, nor shall the same
pass to any other person b y operation of law. A ny such assignment or charge shall
be void.
Sec. 11. No employer or workman shall exempt himself from the burden or waive
the benefits of this act by any contract, agreement, rule or regulation, and any such
contract, agreement, rule or regulation shall be pro tanto void.
Sec. 12. (a) Where a workman is entitled to compensation under this act he shall
file with the department, his application for such, together with the certificate of the
physician who attended him, and it shall be the duty of the physician to inform the
injured workman of his rights under this act and to lend all necessary assistance in
making this application for compensation and such proof of other matters as required
by the rules of the department without charge to the workman.
(b ) Where death results from injury the parties entitled to compensation under this
act, or some one in their behalf, shall make application lor the same to the department,
which application must be accompanied with proof of death and proof of relationship
showing the parties to be entitled to compensation under this act, certificates of
attending physician, if any, and such other proof as required b y the rules of the
department.
(c) If change of circumstance warrant an increase or rearrangement of compensa
tion, like application shall be made therefor. No increase or rearrangement shall be
operative for any period prior to application therefor.
WORKMEN S COMPENSATION AND INSURANCE.
141
(d)
No application shall be valid or claim thereunder enforceable unless filed within
one year after the day upon which the injury occurred or the right thereto accrued.
S ec . 13. A n y workman entitled to receive compensation under this act is required,
if requested b y the department, to submit himself for medical examination at a time
and from time to time at a place reasonably convenient for the workman and as may
be provided b y the rules of the department.. If the workman refuses to submit to
any such examination, or obstructs the same, his rights to m onthly payments shall be
suspended until such examination has taken place, and no compensation shall be
payable during or for account of such period.
S ec . 14. Whenever any accident occurs to any workman it shall be the duty of the
employer to at once report such accident and the injury resulting therefrom to the
department, and also to any local representative of the department. Such report
shall state:
1. The time, cause and nature of the accident and injuries, and the probable dura
tion of the injury resulting therefrom.
2. Whether the accident arose out of or in the course of the injured person’s
employment.
3. A n y other matters the rules and regulations of the department may prescribe.
S ec . 15. The books, records and pay rolls of the employer pertinent to the adminis
tration of this act shall always be open to inspection b y the department or its traveling
auditor, agent or assistant, for the purpose of ascertaining the correctness of the pay
roll, the men em ployed, and such other information as may be necessary for the depart
ment and its management under this act. Refusal on the part of the employer to
subm it said books, records and pay rolls for such inspection to any member of the
commission, or any assistant presenting written authority from the commission, shall
subject the offending employer to a penalty of one hundred dollars for each offense,
to be collected b y civ il action in the name of the State and paid into the accident
fund, and the individual who shall personally give such refusal shall be guilty of a
misdemeanor.
S ec . 16. A n y employer who shall misrepresent to the department the amount of pay
roll upon which the premium under this act is based shall be liable to the State in ten
times the amount o f the difference in premium paid and the amount the employer
should have paid. The liability to the State under this section shall be enforced in a
civ il action in the name of the State. A ll sums collected under this section shall be
paid into the accident fund.
S ec . 17. W henever the State, county or any municipal corporation shall engage in
any extra hazardous work in which workmen are employed for wages, this act shall be
applicable thereto. The em ployer’s payments into the accident fund shall be made
from the treasury of the State, county or municipality. If said work is being done b y
contract, the pay roll of the contractor and the subcontractor shall be the basis of computation? and in the case of contract work consuming less than one year in performance
the required payment into the accident fund shall be based upon the total pay roll.
The contractor and any subcontractor shall be subject to the provisions of the act, and
the State for its general fund, the county or municipal corporation shall be entitled to
collect from the contractor the full amount payable to the accident fund, and the con
tractor, in turn shall be entitled to collect from the subcontractor his proportionate
amount of the payment. The provisions of this section shall apply to all extra hazard
ous work done by contract, except that in private work the contractor shall be respon
sible, primarily and directly, to the accident fund for the proper percentage oi the
total pay roll of the work and the owner of the property affected b y the contract shall
be surety for such payments. Whenever and so long as, b y State law, city charter or
municipal ordinance, provision is made for municipal employes injured in the course
of employment, such employees shall not be entitled to the benefits of this act and
shall not be included in the pay roll of the m unicipality under this act.
S ec . 18. The provisions of this act shall apply to employers and workmen engaged
in intrastate and also in interstate or foreign commerce, for whom a rule of liability or
method of compensation has been or may be established b y the Congress of the United
States, only to the extent that their mutual connection with intrastate work may and
shall be clearly separable and distinguishable from interstate or foreign commerce,
except that any such employer and any of his workmen working only in this State may,
with the approval of the department, and so far as not forbidden b y any act of Congress,
voluntarily accept the provisions of this act b y filing written acceptances with the
department. Such Acceptances, when filed with and approved b y the department,
shall subject the acceptors irrevocably to the provisions of this act to all intents and
purposes as if they had been originally included in its terms. Payment of premium
shall be on the basis of the pay roll of the workmen who accept as aforesaid.
85048°—Bull. 92-1 1
-1 0
142
BULLETIN OF THE BUREAU OF LABOR.
S ec . 19. A n y employer and his employes engaged in works not extra hazardous
may, b y their joint election, filed with the department, accept the provisions of this
act, ana such acceptances, when approved b y the department, shall subject them
irrevocably to the provisions of this act to all intents and purposes as if they had been
originally included in its terms. Ninety per cent of the minimum rate specified in
section 4 shall be applicable to such case until otherwise provided b y law.
S ec . 20. A n y employer, workman, beneficiary, or person feeling aggrieved at
any decision of the department affecting his interests under this act may have the same
reviewed b y a*proceeding for that purpose, in the nature of an appeal, initiated in the
superior court of the county of his residence (except as otherwise provided in subdivi
sion (1) of section numbered 5) in so far as such decision rests upon questions of fact, or
of the proper application of the provisions of this act, it being the intent that mat-,
ters resting in the discretion of the department shall not b e subject to review. The
proceedings in every such appeal shall be informal and summary, but full oppor
tunity to be heard shall be had before judgment is pronounced. No such appeal
shall be entertained unless notice of appeal shall have been served b y mail or
personally upon some member of the commission within twenty days following the
rendition of the decision appealed from and communication thereof to the person
affected thereby. No bond shall be required, except that an appeal b y the employer
from a decision of the department under section 9 shall be ineffectual unless, within
five days following the service of notice thereof, a bond, with surety satisfactory to
the court, shall be filed, conditioned to perform the judgment of the court. Except
in the case last named an appeal shall not be a stay. The calling of a jury shall rest in
the discretion of the court except that in cases arising under sections 9,1 5 and 16 either
party shall be entitled to a jury trial upon demand. It shall be unlawful for any at
torney engaged in any such appeal to charge or receive any fee therein in excess of a
reasonable fee, to be fixed b y the court in the case, and, if the decision of the depart
ment shall be reversed or modified, such fee and the fees of medical and other wit
nesses and the costs shall b e payable out of the administration fund, if the accident
fund is affected b y the litigation. In other respects the practice in civ il cases shall
apply. Appeal shall lie from the judgment or the superior court as in other civil
cases. The attorney general shall be the legal adviser of the department and shall
represent it in all proceedings, whenever so requested b y any of the commissioners.
In all court proceedings under or pursuant to this act the decision of the department
shall be prima facie correct, and the burden of proof shall be upon the .party at
tacking the same.
S ec . 21. The administration of this act is imposed upon a department, to be known
as the industrial insurance department, to consist of three commissioners to be ap
pointed b y the governor. One of them shall hold office for the first two years, another
for the first four years, and another for the first six years following the passage and
approval of this act. Thereafter the term shall be six years. Each commissioner
shall hold until his successor shall be appointed and shall have qualified. A decision
of any question arising under this act concurred in b y two of the commissioners shall
be the decision of the department. The governor may at any time remove any com
missioner from office in his discretion, but within ten days following any such removal
the governor shall file in the office of the secretary of state a statement of his reasons
therefor. The commission shall select one of their members as chairman. The main
office of the commission shall be at the State capitol, but branch offices may be estab
lished at other places in the State. Each member of the commission shall have power
to issue subpoenas requiring the attendance of witnesses and the production of books
and documents.
S ec . 22. The salary of each of the commissioners shall be thirty-six hundred dollars
per annum, and he shall be allowed his actual and necessary traveling and incidental
expenses; and any assistant to the commissioners shall be paid for each full day’s
service rendered b y him, his actual and necessary traveling expenses and such com
pensation as the commission may deem proper, not to exceed six dollars per day to an
auditor, or five dollars per day to any other assistant.
S ec . 23. The commissioners may appoint a sufficient number of auditors and assist
ants to aid them in the administration of this act, at an expense not to exceed $5,000
per month. They may employ one or more physicians in each county for the purpose
of official medical examinations, whose compensation shall be lim ited to five dollars
for each examination and report therein. They may procure §uch record books as
they may deem necessary for the record of the financial transactions and statistical
data of the department, and the necessary documents, forms and blanks. They may
establish and require all employers to install and maintain an uniform form of pay roll.
Sec. 24. The commission shall, in accordance with the provisions of this act:
1. Establish and promulgate rules governing the administration of this act.
w o r k m e n ' s c o m p e n s a t io n a n d i n s u r a n c e .
143
2. Ascertain and establish the amounts to be paid into and out of the accident fund.
3. Regulate the proof of accident and extent thereof, the proof of death and the proof
of relationship ana the extent of dependency.
4. Supervise the medical, surgical and hospital treatment to the intent that same
may be in all cases suitable and wholesome.
5. Issue proper receipts for moneys received, and certificates for benefits accrued
and accruing.
6. Investigate the cause of all serious injuries and report to the governor from time
to time any violations or laxity in performance of protective statutes or regulations
coming under the observation of the department.
7. Compile and preserve statistics showing the number of accidents occurring in the
establishment or works of each employer, the liabilities and expenditures of the acci
dent fund on account of, and the premium collected from the same, and hospital
charges and expenses.
8. Make annual reports to the governor (one of them not more than sixty nor less
than thirty days prior to each regular session of the legislature) of the workings of the
department, and showing the financial status and the outstanding obligations of the
accident fund, and the statistics aforesaid.
S ec. 25. Upon the appeal of any workman from any decision of the department
affecting the extent of his injuries or the progress of the same, the court may appoint
not to exceed three physicians to examine the physical condition of the appellant,
who shall make to the court their report thereon, ana they may be interrogated before
the court b y or on behalf of the appellant in relation to the same. The fee of each
shall be fixed b y the court, but shall not exceed ten dollars per day each.
Sec. 26. Disbursement out of the funds shall be made only upon warrants drawn
b y the State auditor upon vouchers therefor transmitted to him b y the department
and audited b y him. The State treasurer shall pay every warrant out of the fund
upon w hich it is drawn. If, at any time, there shall not be sufficient money in the
fund on w hich any such warrant shall have been drawn wherewith to pay the same,
the employer on account of whose workman it was that the warrant was drawn shall
pay the same, and he shall be credited upon his next following contribution to such
fund the amount so paid w ith interest thereon at the legal rate from the date of such
payment to the date such next following contribution became payable, and if the
amount of the credit shall exceed the amount of the contribution, he shall have a
warrant upon the same fund for the excess, and if any such warrant shall not be so
paid, it shall remain, nevertheless, payable out of the fund. The State treasurer
shall to such extent as shall appear to him to be advisable keep the moneys of the
unsegregated portion of the accident fund invested at interest in the class of securities
provided b y law for the investment of the permanent school fund. The State treas
urer shall be liable on his official bond for the safe custody of the moneys and securities
of th e accident fund, bu t all the provisions of an act approved February 21, 1907,
entitled “ An act to provide for State depositories and to regulate the deposits of State
moneys therein,” shall be applied to said moneys and the handling thereof b y the
State treasurer.
Sec. 27. If any employer shall be adjudicated to be outside the lawful scope of this
act, the act shall not apply to him or his workman, or if any workman shall be adju
dicated to be outside'the lawful scope of this act because of remoteness of his work
from the hazard of his employer’s work, any such adjudication shall not impair the
validity of this act in other respects, and in every such case an accounting in accord
ance with the justice of the case shall be had of moneys received. If the provisions
of section 4 of this act for the creation of the accident fund, or the provisions of this
act making the compensation to the workman provided in it exclusive of any other
remedy on the part ol the workman shall be held invalid the entire act shall be thereby
invalidated except the provisions of section 31, and an accounting according to the
justice of the case shall be had of moneys received. In other respects an adjudica
tion of invalidity of any part of this act shall not affect the. validity of the act as a
whole or any other part thereof.
Sec. 28. It the provisions of this act relative to compensation for injuries to or death
of workmen become invalid because of any adjudication, or be repealed, the period
intervening between the occurrence of an injury or death, not previously compen
sated for under this act b y lump payment or completed monthly payments, and such
repeal or the rendition of the final adjudication of the invalidity shall not b e com
puted as a part of the time limited b y law for the commencement of any action relating
to such injury or death: Provided, That such action be commenced within one year
after such repeal or adjudication; bu t in any such action any sum paid out of the
accident fund to the workman on account of injury, to whom tne action is prosecuted,
shall be taken into account or disposed of as follows: If the defendant employer shall
have paid without delinquency into the accident fund the payment provided b y section
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BULLETIN OF THE BUREAU OF LABOR.
4, such sums shall be credited upon the recovery as payment thereon, otherwise the
sum shall not be so credited but shall be deducted from the sum collected and be paid
into the said fund from which they had been previously disbursed.
S ec . 29. There is hereby appropriated out of the State treasury the sum of one
hundred and fifty thousand dollars, or so much thereof as may be necessary, to be
known as the administration fund, out of which the salaries, traveling and office
expenses of the department shall be paid, and also all other expenses of the adminis
tration of the accident fund; and there is hereby appropriated out of the accident
fund for the purpose to which said fund is applicable the sum of $1,500,000, or so
much thereof as shall be necessary for the purposes of this act.
S ec . 30. Nothing in this act contained shall repeal any existing law providing for
the installation or maintenance of any device, means or method for the prevention of
accidents in extra hazardous work or for a penalty or punishment for failure to install
or maintain any such protective device, means or method, bu t sections 8, 9, and 10 of
the act approved March 6, 1905, entitled: “ An act providing for the protection and
health of employes in factories, mills or workshops, where machinery is used, and
providing for suits to recover damages sustained by the violation thereof, and pre
scribing a punishment for the violation thereof and repealing an act entitled, ‘ An act
providing for the protection of employes in factories, mills, or workshops where ma
chinery is used, and providing for the punishment of the violation thereof, approved
March 6, 1903/ and repealing all other acts or parts of acts in conflict herewith,” are
hereby repealed, except as to any cause of action which shall have accrued there
under prior to October 1, 1911.
S ec . 31. If this act shall be hereafter repealed, all moneys which are in the accident
fund at the time of the repeal shall be subject to such disposition as may b e provided
b y the legislature, and in default of such legislative provision distribution thereof
shall be in accordance with the justice of the matter, due regard being had to obliga
tions of compensation incurred and existing.
S ec . 32. This act shall not affect any action pending or cause of action existing on
the 30th day of September, 1911.
WISCONSIN.
CH A PTE R 50, LAW S OF 1911.
S ection
1. There are added to the statutes thirty-two new sections to read:
Section 2394— 1. In any action to recover damages for a personal injury sustained
within this State b y an employee while engaged in the line of his duty as such, or for
death resulting from personal injury so sustained, in which recovery is sought upon
the ground of want of ordinary care of the employer, or of any officer, agent, or servant
of the employer, it shall not be a defense:
1. That the em ployee either expressly or im pliedly assumed the risk of the hazard
complained of.
2. When such employer has at the time of the accident in a common employment
four or more employes, that the injury or death was caused in whole or in part b y the
want of ordinary care of a fellow servant.
A ny employer who has elected to pay compensation as hereinafter provided shall
not be subject to the provisions of this section 2394— 1.
Sec. 2394— 2. No contract, rule, or regulation, shall exem pt the employer from
any of the provisions of the preceding section of this act.
Sec. 2394—3. E xcept as regards employees working in shops or offices of a railroad
company, who are within the provisions of subsection 9 of section 1816 of the statutes,
as amended b y chapter 254 o f the laws of 1907, the term “ em ployer” as used in the
two preceding sections of this act shall not include any railroad company as defined in
subsection 7 of said section 1816 as amended, said section 1816 and amendatory acts
being continued in force unaffected, except as aforesaid, b y the preceding sections
of this act.
Sec. 2394— 4. Liability for the compensation hereinafter provided for, in lieu of
any other liability whatsoever, shall exist against an employer for any personal injury
accidentally sustained b y his employee, and for his death, if the injury shall proximately cause death, in those cases where the following conditions of compensation
concur:
1. Where, at the time of the accident, both the employer and em ployee are subject
to the provisions of this act according to the succeeding sections hereof.
2. Where, at the time of the accident, the employee is performing service growing
out of and incidental to his employment.
3. Where the injury is proximately caused b y accident, and is not so caused b y
willful misconduct.
w o r k m e n ' s c o m p e n s a t io n a n d in s u r a n c e .
145
And where such conditions of compensation exist for any personal injury or death,
the right to the recovery of such compensation pursuant to the provisions of this act,
and acts amendatory thereof, shall be the exclusive remedy against the employer for
such injury or death; in all other cases the liability of the employer shall be the same
as if this and the succeeding sections of this act had not been passed, but shall be sub
ject to the provisions of the preceding sections of this act.
Sec. 2394—5. The following shall constitute employers subject to the provisions of
this act within the meaning of the preceding section: ^
1. The State, and each county, city, town, village, and school district therein.
2. E very person, firm, and private corporation (including any public service cor
poration), who has any person in service under any contract of hire, express or im plied,
oral or written, and who, at or prior to the time of the accident to the employee for
which compensation under this act may be claimed, shall, in the manner provided
in the n ext section, have elected to becom e subject to the provisions of this act, and
who shall not, prior to such accident, have effected a withdrawal of such election, in
the manner provided in tire n ext section.
Sec. 2394—6. Such election on the part of the employer shall be made b y filing
with, the industrial accident board, hereinafter provided for, a written statement to
the effect that he accepts the provisions of this act, the filing of w hich statement shall
operate, within the meaning of section 2394—5 of this act, to subject such employer
to the provisions of this act and all acts amendatory thereof for the term of one year
from the date of the filing of such statement, and thereafter, without further act on
his part, for successive terms of one year each, unless such employer shall, at least
sixty days prior to the expiration of such first or any succeeding year, file in the office
of said board a notice in writing to the effect that ne desires to withdraw his election
to be subject to the provisions of the act.
Sec. 2394— 7. The term “ employee ” as used in section 2394— 4 of this act shall be
construed to mean:
1. E very person in the service of the State, or of any county, city, town, village, or
school district therein, under any appointment, or contract of hire, express or im plied,
oral or written, except any official of the State, or of any county, city, town, village,
or school district therein: Provided, That one, em ployed b y a contractor, who has
contracted with a county, city , town, village, school district, or the State, through its
representatives, shall not be considered an em ployee of the State, county, city, town,
village, or school district which made the contract.
2. E very person in the service of another under any contract of hire, express or
im plied, oral or written, including aliens, and also including minors who are legally
permitted to work under the laws of the State (who, for the purposes of the n ext section
of this act, shall be considered the same and shall nave the same power of contracting
as adult employees), but not including any person whose employm ent is but casual
or is not in the usual course of the trade, business, profession, or occupation of his
employer.
Sec. 2394— 8. A ny employee as defined in subsection 1 of the preceding section
shall be subject to the provisions of this act and of any act amendatory thereof. Any
em ployee as defined in subsection 2 of the preceding section shall be deemed to have
accepted and shall, within the meaning of section 2394— 4 of this act, be subject to the
provisions of this act and of any act amendatory thereof, if, at the time ot the accident
upon which liability is claim ed:
1. The employer charged with such liability is subject to the provisions of this act,
whether the em ployee has actual notice thereof or not; and
2. Such em ployee shall not, at the time of entering into his contract of hire, express
or im plied, ,with such employer, have given to his employer notice in writing, that he
elects not to be subject to tne provisions of this act; or, in the event that such con
tract of hire was made in advance of such employer becoming subject to the provisions
of the act, such em ployee shall have given to his employer notice in writing that he
elects to be subject to such provisions, or without giving either of such notices, shall
have remained m the service of such employer for thirty days after the employer has
filed with said board an election to be subject to the terms of thieact.
Sec. 2394— 9. Where liability for compensation under this act exists, the same shall
be as provided in the following schedule:
1. Such medical and surgical treatment, medicines, medical and surgical supplies,
crutches, and apparatus, as may be reasonably required at the time of the injury and
thereafter during the disability, but not exceeding ninety days, to cure and relieve
from the effects of the injury, the same to be provided b y the employer; and in case
of his neglect or refusal seasonably to do so, the employer to be liable for the reasonable
expense incurred b y or on behalf of the em ployee in providing the same.
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BULLETIN OF THE BUREAU OF LABOR.
2. If the accident causes disability, an indem nity which shall be payable as wages
on the eighth day after the injured em ployee leaves work as the result of the injury,
and w eekly thereafter, which weekly indem nity shall be as follows:
(a) If the accident causes total disability, sixty-five per cent of the average weekly
earnings during the period of such total disability: Provided, That, if the disability is
such as not only to render the injured em ployee entirely incapable of work, but also so
helpless as to require the assistance of a nurse, the weekly indem nity during the period
of such assistance after the firsjJ ninety days shall be increased to one hundred per cent
of the average weekly earnings.
(b) If the accident causes partial disability, sixty-five per cent of the w eekly loss
in wages during the period of such partial disability.
(c) If the disability caused b y the accident is at times total and at times partial, the
weekly indem nity during the periods of each such total or partial disability shall be
in accordance with said subdivisions (a) and (b), respectively.
(d) Said subdivisions (a), (b), and (c) shall be subject to the following limitations:
Aggregate disability indem nity for injury to a single employee caused b y a single
accident shall not exceed four times the average annual earnings of such em ployee.
The aggregate disability period shall not, in any event, extend beyond fifteen years
from the date of the accident.
The w eekly indem nity due on the eighth day after the em ployee leaves work as the
result of the injury may be withheld until the twenty-ninth day after he so leaves
work; if recovery from the disability shall then have occurred, such first weekly
indem nity shall not be recoverable; if the disability still continues, it shall be added
to the weekly indem nity due on said twenty-ninth day and be paid therewith.
If the period of disability does not last more than one week from the day the
em ployee leaves work as tne result of the injury, no indem nity whatever shall be
recoverable.
3. The death of the injured em ployee shall not affect the obligation of the employer
under subsections 1 and 2 of this section, so far as his liability shall have become
payable at the time of death; bu t the death shall be deemed the termination of disa
bility, and the employer shall thereupon be liable for the following death benefits in
lieu of any further disability indem nity:
(a) In case the deceased em ployee leaves a person or persons wholly dependent on
him for support, the death benefit shall be a sum sufficient, when added to the indem r
n ity which shall at the time of death have been paid or becom e payable under the
provisions of subsection 2 of this section, to make tne total compensation for the injury
and death (exclusive of the benefit provided for in subsection 1), equal to four times
his average annual earnings; the same to be payable, unless and until the board shall
direct payment in gross, in w eekly installments corresponding in amount to the
weekly earnings of the employee.
(b ) In case tne deceased em ployee leaves no one w holly dependent on him for sup
port, but one or more persons partially dependent therefor, the death benefit shall be
such percentage of four times such average annual earnings of the em ployee as the
average annual amount devoted b y the deceased to the support of the person or persons
so partially dependent on him for support bears to such average annual earnings, the
same to be payable, unless and until tne board shall direct payment in gross, in weekly
installments corresponding in amount to the w eekly earnings of the em ployee: P ro
vided, That the total compensation for the injury and death (exclusive of the benefit
provided for in said subsection 1) shall not exceed four times such average annual
earnings.
(c) Liability for the death benefits provided for in subdivisions (a) and (b) respec
tively shall only exist where the accident is the proximate cause of death: Provided,
That, if the accident proximately causes permanent total disability, and death ensues
from some other cause before disability mdemnity ceases, the death benefit shall be
the same as though the accident had caused death: And provided further, That, if the
accident proximately causes permanent partial disability and death ensues from some
other cause before disability mdem nity ceases, liability shall exist for such percentage
of the death benefits provided for in said subdivision (a) or (b) (as the case may be),
as shall fairly represent the proportionate extent of the impairment of earning capacity
caused b y such permanent partial disability in the employment in which the employee
was working at the time of the accident.
(d) If the deceased em ployee leaves no person dependent upon him for support,
and the accident proximately causes death, the death benefit shall consist of the rea
sonable expense of his burial, not exceeding $100.
Sec. 2394— 10. 1. The weekly earnings referred to in section 2394— 9 shall be one
fifty-second of the average annual earnings of the employee; average annual earnings
w o r k m e n ’ s c o m p e n s a t io n a n d in s u r a n c e .
147
shall not b e taken at less than $375, nor more than $750, and between said limits shall
be arrived at as follows:
(a) If the injured employee has worked in the employment in which he was working
at the time of the accident, whether for the same employer or not, during substantially
the whole of the year immediately preceding his injury, his average annual earnings
shall consist of tnree hundred times the average daily wage or salary which he has
earned in such employment during the days when so employed.
(b) If the injured employee has not so worked in such employment during sub
stantially the whole of such immediately preceding year, his average annual earnings
shall consist of three hundred times the average daily wage or salary which an employee
of the same class working substantially the whole of such immediately preceding year
in the same or a similar employment in the same or a neighboring place shall have
earned in such employment during the days when so employed.
(c) In cases where the foregoing methods of arriving at the average annual earnings
of the injured employee can not reasonably and fairly be applied, such annual earnings
shall be taken at such sum as, having regard to the previous earnings of the injured
employee, and of other employees of the same or most similar class, working in the same
or most similar employment, in the same or a neighboring locality, shall reasonably
represent the annual earning capacity of the injured employee at the time of the
accident in the employment in which he was working at such time.
(d) The fact that an employee has suffered a previous disability, or received comensation therefor, shall not preclude compensation for a later injury, or for death,
ut in determining compensation for the later injury, or death, nis average annual
earnings shall be such sum as will reasonably represent his annual earning capacity
at the time of the later injury, in the employment in which he was working at such
time, and shall b e arrived at according to, and subject to the limitations of, the previ
ous provisions of this section.
2. The weekly loss in wages referred to in section 2394— 9 shall consist of such per
centage of the average weekly earnings of the injured employee, computed according
to the provisions of m is section, as shall fairly represent the proportionate extent (3
the impairment of his earning capacity in the employment in which he was working
at the time of the accident, the same to be fixed as of the time of the accident, bu t to
be determined in view of the nature and extent of the injury.
3.
The following shall be conclusively presumed to be solely and wholly dependent
for support upon a deceased employee:
(a) A wife upon a husband with whom she is living at the time of his death,
flb) A husband upon a wife with whom he is living at the time of her death.
(c) A child or children under the age of eighteen years (or over said age, bu t phys
ically or mentally incapacitated from earning), upon the parent with whom he or
they are living at the time of the death of such parent, there being no surviving
dependent parent. In case there is more than one child thus dependent, the death
benefit shall be divided equally among them.
In all other cases questions of entire or partial dependency shall be determined in
accordance with the fact, as the fact may be at the time of the death of the employee;
and in such other cases, if there is more than one person wholly dependent, the death
benefit shall be divided equally among them, and persons partially dependent, if any,
shall receive no part thereof; and if there is more than one person partially dependent,
the death benefit shall be divided among them according to the relative extent of
their dependency.
4.
No person shall be considered a dependent unless a member of the family of the
deceased employee, or bears to him the relation of husband or widow, or lineal descend
ant, or ancestor, or brother, or sister.
5.
Questions as to who constitute dependents and the extent of their dependency
shall be determined as of the date of the accident to the employee, and their right to
any death benefit shall becom e fixed as of such time, irrespective of any subsequent
change in conditions; and the death benefit shall be directly recoverable b y and
payable to the dependent or dependents entitled thereto or tneir legal guardians or
trustees: Provided, That in case of the death of a dependent whose right to a death
benefit has thus becom e fixed, so much of the same as is then unpaid shall b e recover
able b y and payable to his personal representative in gross. No person shall be
excluded as a dependent who is a nonresident alien.
6.
No dependent of an injured employee shall be deemed, during the life of such
employee, a party in interest to any proceeding b y him for the enforcement or collec
tion of any claim for compensation, nor as respects the compromise thereof b y such
employee.
Sec. 2394— 11. No claim to recover compensation under this act shall be maintained
unless, within thirty days after the occurrence of the accident which is claimed to
E
148
BULLETIN OF THE BUBEAU OF LABOB.
have caused the injury or death, notice in writing, stating the name and address of the
person injured, the time and place where the accident occurred, and the nature of the
injury, and signed b y the person injured or b y some one on his behalf, or in case of
his death, b y a dependent or some one on his behalf, shall be served upon the employer,
either b y delivering to and leaving with him a copy of such notice, or b y mailing to
him b y registered mail a copy thereof in a sealed and postpaid envelope addressed to
him at his last known place of business or residence. Such mailing shall constitute
completed service: Provided, however, That any payment of compensation under this
act, in whole or in part, made b y the employer before the expiration of said thirty
days, shall be equivalent to the notice herein required: A nd providedfurther, That the
failure to give any such notice, or any defect or inaccuracy therein, shall not be a bar
to recovery under this act if it is found as a fact in the proceedings for collection of the
claim that there was no intention to mislead the employer, and that he was not in fact
misled thereby: A nd provided further, That if no such notice is given and no payment
of compensation made, within two years from the date of the accident, the right to
compensation therefor shall be w holly barred.
Sec. 2394— 12. Wherever in case of injury the right to compensation under this act
would exist in favor of any employee, he shall, upon the written request of his employer,
submit from time to time to examination b y a regular practicing physician, who shall
be provided and paid for b y the employer, and shall likewise submit to examination
from time to time b y any regular physician selected b y said industrial accident board,
or a member or examiner thereof. The employee shall be entitled to have a physi
cian, provided and paid for b y himself, present at any such examination. So long as
the employee, after such written request of the employer, shall refuse to submit to
such examination, or shall in any way obstruct the same, his right to begin or maintain
any proceeding for the collection of compensation shall be suspended; and if he shall
refuse to submit to such examination after direction b y the board, or any member or
examiner thereof, or shall in any way obstruct the same, his right to the weekly indem
n ity which shall accrue and become payable during the period of such refusal or
obstruction, shall be barred. A n y physician who shall make or be present at any such
examination may be required to testify as to the results thereof.
Sec. 2394— 13. There is hereby created a board which shall be known as the indus
trial accident board. The commissioner of labor and industrial statistics shall be
ex officio a member of such board. H e may, however, authorize the deputy commis
sioner to act in his place. Within thirty days after the passage of this act, the gov
ernor, b y and with the advice and consent of the senate, shall appoint a member who
shall serve two years, and another who shall serve four years. Thereafter such two
members shall be appointed and confirmed for terms of four years each. Vacancies
shall be filled in the same manner for the unexpired term. Each member of the
board, before entering upon the duties of his office, shall take the oath prescribed b y
the constitution. A majority of the board shall constitute a quorum for the exercise
of any of the powers or authority conferred b y this act, and an award b y a majority
shall b e valid. In case of a vacancy, the remaining two members of the board shall
exercise all the powers and authority of the board until such vacancy is filled. Each
member of the board, including the said commissioner, shall receive an annual salary
of $5,000. This salary shall, as to the commissioner of labor and industrial statistics,
be in full for his services as such commissioner of labor and- industrial statistics.
Sec. 2394— 14. The board shall organize b y choosing one of its members as chairman.
Subject to the provisions of this act, it may adopt its own rules of procedure and may
change the same from time to time in its discretion. The board, when it shall deem
it necessary to expedite its business, may from time to time em ploy one or more expert
examiners for such length of time as may be required, such examiners to be exempt
from the operation of chapter 363 of the laws of 1905, and amendatory acts. It may
also appoint a secretary, who shall be similarly exempt, and such clerical help as it
may deem necessary. It shall fix the compensation of all assistants so appointed. It
shall provide itself with a seal for the authentication of its orders, awards, and pro
ceedings, upon which shall be inscribed the words “ Industrial Accident Board— Wis
consin— Seal.” It shall keep its office at the capitol, and shall be provided b y the
superintendent of public property with a suitable room or rooms, necessary office fur
niture, stationery, and other supplies. The members of the board and its assistants
shall be entitled to receive from the State their actual and necessary expenses while
traveling on the business of the board; but such expenses shall be sworn to b y the
person who incurred the same, and be approved b y the chairman of the board, before
payment is made. All salaries and expenses authorized b y this act shall be audited
and paid out of the general funds of the State, the same as other general State expenses
are audited and paid.
w o r k m e n ' s c o m p e n s a t io n a n d in s u r a n c e .-
149
Sec. 2394— 15. A ny dispute or controversy concerning compensation under this act,
including any in which the State may be a party, shall be submitted to said industrial
accident board in the manner and with the effect provided in this act. Every com.promise of any claim for compensation under this act shall be subject to be reviewed
by, and set aside, modified, or confirmed by the board upon application made within
one year from the time of such compromise.
Sec, 2394— 16. Upon the filing with the board b y any party in interest of an appli
cation in writing stating the general nature of any claim as to which any dispute or
controversy may have arisen, it shall fix a time for the hearing thereof, which shall not
be more than forty days after the filing of such application. The board shall cause
notice of such hearing, embracing a general statement of such claim, to be given to
each party interested, b y service of such notice on him personally or b y mailing a copy
thereof to him at his last known postoffice address at least ten day before such hearing.
Such hearing may be adjourned from time to time in the discretion of the board, and
hearings may be held at such places as the board shall designate. Either party shall
have the right to be present at any hearing, in person or b y attorney, or any other agent,
and to present such testimony as may be pertinent to the controversy before the board;
but the board may, with or without notice to either party, cause testimony to be taken,
or an inspection of the premises where the injury occurred to be had, or the time books
and pay roll of the employer to be examined b y any member of the board or any
examiner appointed b y it, and may from time to time direct any employee claiming
compensation to be examined b y a regular physician; the testimony so taken, and the
results of any such inspection or examination, to be reported to the board for its con
sideration upon final hearing. The board, or any member thereof, or any examiner
appointed thereby, shall have power and authority to issue subpoenas, to compel the
attendance of witnesses or parties, and the production of books, papers, or records,
and to administer oaths. Obedience to such subpoenas shall be enforced b y the circuit
court of any county.
Sec. 2394— 17. After final hearing b y said board, it shall make and file (1) its findings
upon all the facts involved in the controversy, and (2) its award, which shall state its
determination as to the rights of the parties. Pending the hearing and determination
of any controversy before it, the board shall have power to order the payment of such,
or any part, of the compensation, which is or may fall due, as to which the party from
whom the same is claimed does not deny liability in good faith within ten days after
the giving of notice of hearing provided for in the preceding section; and if the same
shall not be paid as required b y such order, the facts with respect to the liability therefor,
and the determination of the board as to the rights of the parties, shall be embraced in,
and constitute a part of, its finding and award; and the board shall have the power to
include in its award, as a penalty for noncompliance with any such order, not exceeding
twenty-five per cent of each amount which shall not have been paid as directed thereby.
Sec. 2394— 18. Either party may present a certified copy of the award to the circuit
court for any county, whereupon said court shall, without notice, render a judgment in
accordance therewith; which judgment, until and unless set aside as hereinafter
provided, shall have the same effect as though duly rendered in an action duly tried
and determined b y said court, and shall, with like effect, be entered and docketed.
Sec. 2394— 19. The findings of fact made by the board acting within its powers shall,
in the absence of fraud, be conclusive; and the award, whether judgment has been
rendered thereon or not, shall be subject to review only in the manner and upon the
grounds following: Within twenty days from the date of the award, any party
aggrieved thereby may commence, in the circuit court of Dane County, an action
against the board for the review of such award, in which action the adverse party shall
also be made defendant. In such action a complaint, which shall state the grounds
upon which a review is sought, shall be served with the summons. Service upon the
secretary of the board, or any member of the board, shall be deemed completed service.
The board shall serve its answer within twenty days after the service of the complaint,
and, within the like time, such adverse party shall, if he so desires, serve his answer
to said complaint. With its answer, the board shall make return to said court of all
documents and papers on file in the matter, and of all testimony which may have been
taken therein, and of its findings and award. Said action may thereupon be brought
on for hearing before said court upon such record by either party on ten days’ notice
to the other; subject, however, to the provisions of law for a change of the place of trial
or the calling in of another judge. Upon such hearing, the court may confirm or set
aside such award; and any judgment which may theretofore have been rendered thereon;
but the same shall be set aside only upon the following grounds:
1. That the board acted without or in excess of its power.
2. That the award was procured b y fraud.
3. That the findings of fact b y the board do not support the award.
150
BULLETIN OF THE BUREAU OF LABOR.
Sec. 2394—20. Upon the setting aside of any award the court may recommit the con
troversy and remand the record in the case to the board, for further hearing or proceed
ings; or it may enter the proper judgment upon the findings, as the nature of the case
shall dem and. An abstract of the judgment entered b y the trial court upon the review
of any award shall be made b y the clerk thereof upon tne docket entry o f any judgment
which may theretofore have been rendered upon such award, and transcripts of such
abstract may thereupon be obtained for like entry upon the dockets of the courts of
other counties.
Sec. 2394—21. Said board, or any party aggrieved b y a judgment entered upon the
review of any award, may appeal therefrom within the time and in the manner pro
vided for an appeal from the orders of the circuit court; but all such appeals shall be
placed on the calendar of the supreme court and brought to a hearing in the same
manner as state causes on such calendar.
Sec. 2394— 22. No fees shall be c h a fe d b y the clerk of any court for the performance
of any official service required b y this act, except for the docketing of judgments and
for certified copies of transcripts thereof. In proceedings to review an award, costs as
between the parties shall be allowed or not in the discretion of the court, but no costs
shall be taxed against said bpard. In any action for the review of an award, and upon
any appeal therein to the supreme court, it shall be the duty of the attorney general,
personally, or b y an assistant, to appear on behalf of the board, whether any other party
defendant shall have appeared or be represented in the action or not. Unless previously
authorized b y the board, no lien shall be allowed, nor any contract be enforceable, for
any contingent attorney's fee for the enforcement or collection of any claim for com
pensation where such contingent fee, inclusive of all taxable attom eys, fees paid or
agreed to b e paid for the enforcement or collection of such claim, exceeds ten per cent
of the amount at which such claim shall be compromised, or of the amount awarded,
adjudged, or collected.
Sec. 2394—23. No claim for compensation under this act shall be assignable before
payment, but this provision shall not affect the survival thereof; nor shall any claim
tor compensation, or compensation awarded, adjudged, or paid, be subject to be taken
for the debts of the party entitled thereto.
Sec. 2394— 24. The whole claim for compensation for the injury or death of any
em ployee or any award or judgment thereon, shall be entitled to a preference oyer the
unsecured debts of the employer hereafter contracted, but this section shall not impair
the lien of any judgment entered upon any award.
Sec. 2394— 25. The making of a lawful claim against an employer for compensation
under this act for the injury or death of his employee shall operate as an assignment
of any cause of action in tort which the em ployee or his personal representative may
have against any other party for such injury or death; and such employer may enforce
in his own name the liability of such other party.
Sec. 2394— 26. Nothing in this act shall affect the organization of any mutual or
other insurance company, or any existing contract for insurance of employers’ liability,
nor the right of the employer to insure in mutual or other companies, in whole or in
part, against such liability, or against the liability for the compensation provided
for b y this act, or to provide b y mutual or other insurance, or b y arrangement with
his employees, or otherwise, for the payment to such employees, their families, depend
ents, or representatives, of sick, accident, or death benefits in addition to the com
pensation provided for b y this act. But liability for compensation under this act
shall not b e reduced or affected b y any insurance, contribution, or other benefit
whatsoever, due to or received b y the person entitled to such compensation, and the
person so entitled shall, irrespective of any insurance or other contract, have the
right to recover the same directly from the employer; and in addition thereto, the
right to enforce in his own name, in the manner provided in this act, the liability of
any insurance company which may, in whole or in part, have insured the liability
for such compensation: Provided, however, That payment in whole or in part of such
compensation b y either the employer or the insurance company, shall, to the extent
thereof, be a bar to recovery against the other of the amount so paid: And provided
further, That as between the employer and the insurance company, payment by either
directly to the employee, or to the person entitled to compensation, shall be subject
to the conditions of the insurance contract between them.
Sec. 2394—27. E very contract for the insurance of the compensation herein pro
vided for, or against liability therefor, shall be deemed to be made subject to the
provisions of this act, and provisions thereof inconsistent with this act shall be void.
No company shall enter into any such contract of insurance unless such company
shall have been approved b y the commissioner of insurance, as provided b y law. For
the purposes of this act, each employee shall constitute a separate risk within the
meaning of section 1898d of the statutes.
w o r k m e n ' s c o m p e n s a t io n a n d in s u r a n c e .
151
Sec. 2394— 28. A ny employer against whom liability may exist for compensation
under this act may, with the approval of the industrial accident board, be relieved
therefrom b y :
1. Depositing the present value of the total.unpaid compensation for which such
liability exists, assuming interest at three per centum per annum, with such trust
company of this State as shall be designated b y the employee (or b y his dependents,
in case of his death, and such liability exists in their favor), or in default of such
designation by him (or them) after ten days’ notice in writing from the employer,
with such trust company of this State as shall be designated by the board; or
2. B y the purchase of an annuity, within the limitations provided b y law, in any
insurance company granting annuities and licensed in this State, which may be
designated b y the employee, or his dependents, or the board, as provided in subsection
1 of this section.
Sec. 2394—29. The board shall cause to be printed and furnished free of charge to
any employer or employee such blank forms as it shall deem requisite to facilitate
or promote the efficient administration of this act; it shall provide a proper record
book in which shall be entered and indexed the name of every employer who shall
file a statement of election under this act, and the date of the filing thereof, and a
separate book in which shall be entered and indexed the name of every employer
who shall file his notice of withdrawal of such election, and the date of the filing
thereof; and books in which shall be recorded all orders and awards made b y the board.;
and such other books or records as it shall deem required b y the proper and efficient
administration of this act: all such records to be kept in the office of the board. Upon
the filing of a statement of election b y an employer to become subject to the provisions
of this act, the board shall forthwith cause notice of the fact to be given to his employees,
b y posting such notice thereof in several conspicuous places in the office, shop, or
place of business of the employer, or b y publishing, or in such other manner as the
board shall deem most effective; and the board shall likewise cause notice to be
given of the filing of any withdrawal of such election; but notwithstanding the failure
to give, or the insufficiency of, any such notice, knowledge of all filed statements
of election and notices of withdrawal of election, and of the time of the filing of the
same, shall conclusively be imputed to all employees.
Sec. 2394—30. A sum sufficient to carry out the provisions of this act is hereby
appropriated out of any money in the treasury not otherwise appropriated.
Sec. 2394— 31. A ll acts or parts of acts inconsistent with this act are to be deemed
replaced b y this act, and to that end are hereby repealed.
Sec. 2394— 32. The legislature intends the contingency in subdivision 2 of section
2394— 1 of this act to be a separable part thereof, and the subdivison likewise separable
from the rest of the act, and that part of said section 2394— 1 that follows subdivison
2, likewise separable from the rest of the act; so that any part of said subdivision,
or the whole, or that part which follows said subdivison 2, may fail without affecting
any other part of the act.
S ec . 2. Sections 2394— 3 to 2394— 32, inclusive, shall take effect and be in force
from and after the passage and publication of this act, and the entire act shall be in
force from and after September 1st, 1911.
A pproved May 3, 1911.
TEXT OF BILLS PREPARED BY COM MISSIONS.
ILLINOIS COMMISSION BILL.
.
S ection 1 A n y employer in this State may elect to provide and pay compensa
tion for injuries sustained b y any employee arising out of and in the course of the
employm ent according to the provisions of this act, and thereby relieve himself from
liability for the recovery of damages except as herein provided. If, however, any
such employer shall elect not to provide and pay the compensation according to the
provisions oi this act he shall not escape liability for injuries sustained b y his employees
arising out of and in the course of their employment by'alleging or proving in any
action brought against such employer:
1. That the employee either expressly or im plicitly assumed the risk of the hazard
complained of, or,
2. That the injury or death was caused in whole or in part b y the negligence of a
fellow servant.
Every such employer is presumed to have elected to provide and pay the compen
sation according to the provisions of this act unless and until notice in writing of an
election to the contrary is filed with the State bureau of labor statistics. Such
employer, however, shall not be entitled to any of the privileges or advantages specified
herein until a notice in writing of an election to provide such compensation has been
filed with the State bureau of labor statistics on blanks furnished b y it for such purpose.
152
BULLETIN OF THE BUREAU OF LABOR.
Sec. 2. The filing of notice of an election to provide such compensation as aforesaid
shall constitute an acceptance of all the provisions of this act, and such employer
shall be bound thereby as to all his employees for a term of one year and for terms of
each year thereafter unless a notice to the contrary shall have been given to the bureau
of labor statistics and to all employees in said employm ent b y posting in the plant,
shop, office or place of work at least sixty days prior to the expiration of any such
annual term: Provided, That when an injury to an em ployee is due to the serious
and willful misconduct of that employee, any compensation claimed in respect of
that injury shall be disallowed.
Sec. 3. In the event that any employer elects to provide and pay the compensation
provided in this act and files notice of such election with the bureau of labor statistics,
and thereby becomes bound to provide and pay such compensation according to the
provisions of this act, then every employee of such employer, as a part of his contract
of hiring, shall be deemed to have accepted all the provisions of this act and shall be
bound thereby unless after thirty days and prior to forty-five days after such hiring
he shall notify his employer in writing to the contrary: Provided, however, That before
any such employee shall be so bound b y the provisions of this act his employer shall
either furnish to such employee, personally, at the time of his hiring or post in a
conspicuous place in the room or place where such employee is to be employed, a
statement in a language which such employee is able to understand of the compensa
tion provisions of this act, if such employer has accepted the provisions of this act as
herein provided, which notice shall also include a notice to the em ployee that the
employer has accepted the provisions hereof. Every em ployee whose contract of
hiring is in force at the time his employer elects to pay the compensation, and who
continues to work for such employer, shall be deemed thereby to have accepted the
provisions of this act, and shall be bound thereby unless he files a notice in writing
to the contrary with his employer after thirty days and prior to forty-five days there
after: Providing such employer furnishes or posts the statement of the compensation
provisions of this act and his notice of acceptance thereof as herein provided.
Sec. 4. N o common law or statutory right to recover damages for injuries or death
sustained b y an employee while engaged in the line of his duty as such employee,
other than the compensation herein provided, shall be available to any employee
who has accepted, according to section 3, the provisions of this act, or to any one
wholly or partially dependent upon him or legally responsible for his estate: Provided,
That when the injury to the employee was caused b y the willful failure of the employer
to com ply with statutory safety regulations, nothing in this act shall affect the present
civil liability of the employer.
Sec. 5. The amount of compensation w hich the employer shall pay if he elects the
provisions of this act, as provided in sections one (1) and two (2) for injury to the
em
ee which results in death shall be:
( , l the employee leaves any widow, child or children, or parents, or other lineal
heirs to whose support he had contributed within five years previous to the time of
his death, a sum equal to three times the average annual earnings of the employee,
but not less in any event, than one thousand five hundred dollars, and not more in
any event than three thousand dollars. A n y w eekly payments other than necessary
medical or surgical fees shall be deducted in ascertaining such amount payable on
death.
(b ) If the em ployee leaves collateral heirs dependent upon his earnings, such a per
centage of the sum provided in section A [par. (a)] as the contributions which deceased
made to the support of these dependents bore to his earnings at the time of his death.
(c) If the em ployee leaves no widow, child or children, parents or lineal or collateral
heirs dependent upon his earnings, a sum not to exceed one hundred fifty dollars
($150) to be paid to his personal representative.
All compensation provided for in this section to be paid in case the injury results
in death shall be paid for the first six months in installments at the same intervals
and in the same amounts that the wages or earnings of em ployee were paid while he
was living, and after the expiration of such period of six months the balance of the
compensation then due shall be paid either in installments as aforesaid or in a lump
sum, at the option of the person entitled to such compensation: Provided, That if such
compensation is paid in installments as herein provided and it shall not be feasible to
pay the same at the same intervals as wages or earnings were paid, then the install
ments shall be paid weekly.
Sec.
The amount of compensation which the employer shall provide and pay
for injury to the em ployee resulting in disability shall be:
(a) Necessary medical and surgical treatment m all cases at the time of the accident
and as long thereafter as necessary, but not to exceed ninety (90) days, including
m edicine and other means of treatment and all reasonable facilities, such as the first
6.
w o r k m e n ' s c o m p e n s a t io n a n d in s u r a n c e .
153
set of apparatus, artificial limbs, crutches and trusses to aid in the success of the treat
ment and to diminish the effects of the injury.
(b) If the period of disability lasts for more than one week, and such fact is deter
mined by the physician or physicians, as provided in section 8, compensation begin
ning on the day the injured emplpyee leaves work as a result of the accident, and as
long as the disability lasts, or until the amount of compensation paid equals the
amount payable as a death benefit.
(c) If the period of disability does not last more than one week from the day the
injured employee leaves work as the result of the injury, no compensation shall be
paid.
(d) In case after the injury has been received it shall appear upon medical examina
tion as provided for b y section 8, that the employee has been partially, though per
manently incapacitated from pursuing his usual and customary line of employment,
he shall receive compensation equal to one-half the difference between the average
weekly wages which he earned before the accident, and the average weekly amount
w hich he is earning, or is able to earn in some suitable employment or business after
the accident, if such employment is secured; Provided, That where the injury shall
be of a character set forth m the following scale, the employee shall receive com
pensation named:
(1) If the injury causes the immediate severing of, or necessitates the amputation
of a hand or foot, at or above the wrist or ankle: one and one-half year’s average wages,
bu t in no event less than $750 nor more than $1,500.
(2) If the injury results in the total and irrecoverable loss of the sight of one eye:
three-fourths of one year’s wages, but not less than $375, nor more than $750.
(e) In the case of complete disability which renders the em ployee w holly and per
manently incapable of work, compensation for the first eight years after the day the
injury Was received, equal to 50 per cent of his average weekly earnings, but not less
than $5 nor more than $10 per week. If complete disability continues after the expi
ration of the eight years, then a compensation during life, equal to 8 per cent of the
death benefit which would have been payable had the accident resulted in death.
Such compensation shall not be less than $10 per month and shall be payable monthly.
In case death occurs before the total of the weekly payments equals the amount pay
able as a death benefit, as provided in section 5, article A [par. (a)], then in case the
employee leaves any widow, child or children, or parents, or other lineal heirs, they
shall be paid the difference between the compensation for death and the sum of the
weekly payments, but in no case shall this sum be less than $----------: Provided, That
after compensation has been paid at the specified rates for a term of at least six months
the employee shall have the option to demand a lump sum payment for the difference
between the sum of the weekly payments received and the four years’ compensation
to which he was entitled when such permanent disability has been definitely deter
mined. For the purpose of this section, the total and irrecoverable loss of the sight of
both eyes, the loss of both feet at or above the ankle, the loss of both hands at or above
the wrist, the loss of one hand and one foot, an injury to the spine resulting in perma
nent paralysis of the legs or arms, and the fracture of the skull resulting in incurable
im becility or insanity, shall be considered complete disability. These specific cases
of complete disability shall not, however, be construed as excluding other cases.
In fixing the amount of the disability payments, regard shall be had to any payment,
allowance or benefit which the workman may have received from the employer during
the period of his incapacity, except the expense of necessary medical or surgical treat
ment. In no event, except in case of complete disability as defined above, shall any
w eekly payment payable under the compensation plan herein provided exceed ten
dollars per week, or extend over a period of more than six years from the date of the
accident. In case an injured employee shall be mentally incompetent at the time
when any right or privilege accrues to him under such plan, a conservator, or guardian
of the incompetent, appointed pursuant to law, may, on behalf of such incompetent,
claim and exercise any such right or privilege with the same force and effect as if the
em ployee himself had been competent and had claimed or exercised any such right or
privilege; and no limitations of time herein provided for shall run so long as said
incom petent em ployee has no conservator or guardian.
S ec . 7. The basis for computing the compensation provided for in sections 5 and 6
shall be as follows:
(1) The compensation shall be computed on the basis of the annual earnings which
the injured persons received as salary, wages or earnings in that employm ent during the
year next preceding the injury.
(2) The annual earnings, if not otherwise determined, shall be regarded as three
hundred times the average daily earnings in such computation; as to workmen in
employments in which it is the custom to operate for a part of the whole number of
154
BULLETIN OF THE BUREAU OF LABOR.
working days, such number shall be used instead of 300 as a basis for computing the
annual earnings.
(3) If the injured person has not been engaged in the employm ent for a full year
immediately preceding the accident, the compensation shall be com puted according
to the annual earnings which persons of the same class in the same or in neighboring
employments of the same kind have earned during such period. And if this basis of
computation is impossible, or should appear to be unreasonable, three hundred times
the amount which the injured person earns on an average on those days when he was
working during the year next preceding the accident shall be used as a basis for the
computation.
(4) In the case of injured persons who earn either no wage or less than three hundred
times the usual daily wage or earnings of the adult day laborers of that locality, the
yearly wage shall be reckoned as three hundred times this average daily local wage.
(5) In computing the compensation to be paid to employees who, before the acci
dent were already disabled, and drawing compensation under the terms of this act,
the additional compensation shall b e apportioned according to the proportion of
incapacity and the disability which existed before such accident or injury, and in
apportioning such compensation the earnings prior to the first injury shall be consid
ered in relation to the earnings prior and at the time of the injury for which compensa
tion is being computed.
Sec. 8. A n y em ployee entitled to receive weekly payments shall be required, if
requested b y the employer, to submit himself for examination b y a duly qualified
medical practitioner or surgeon provided and paid for b y the employer, at a time and
place reasonably convenient for the employee, as soon as practicable after the injury
and also one week after the injury and thereafter at intervals not oftener than once in
six weeks, which examination shall be for the purpose of determining the nature,
extent and duration of the injury received b y the employee, and for the purpose of
adjusting the compensation which may be due the em ployee from time to time for
disability according to the provisions of sections 5 and 6 of this act: Provided, how
ever, That such examination shall be made in the presence of a duly qualified medical
practitioner or surgeon provided and paid for b y the employee, if such employee so
desires, and in the event of disagreement between said medical practitioners or sur
geons as to the nature, extent or duration of said injury or disability, the judge of the
probate court in Cook County and the county court in counties outside Cook County,
m the county where the employee resided or was employed at the time of the injury,
shall within six days after petition filed with such court for that purpose, select a
third medical practitioner or surgeon and the majority report of such three physicians
as to the nature, extent and probable duration of such injury or disability shall be
used for the purpose of estimating the amount of compensation payable to such bene
ficiary under this act. If the em ployee refuses so to submit himself to examination or
unnecessarily obstructs the same, his right to compensation payments shall be tempo
rarily suspended until such examination shall have taken place, and no compensation
shall be payable under this act during such period.
Sec. 9. A ny question of law or fact arising in regard to the application of this law
in determining the compensation payable hereunder shall be determined either b y
agreement of the parties or b y arbitration as herein provided. In case any such
question arises which can not be settled b y agreement, the employee and employer
shall each select a disinterested party and the judge of the probate court in Cook County
and of the county court in counties outside of Cook County shall appoint a third dis
interested party, such persons to constitute a board of arbitrators for the purpose of
hearing ana determining all such disputed questions of law or fact arising in regard
to the application of this law in determining the compensation payable hereunder, and it
shall be the duty of both employer and employee to submit to such board of arbitrators
not later than ten days after the selection and appointment of such arbitrators all
facts or evidence which may be in their possession or under their control relating to
the questions to be determined b y said arbitrators; and said board of arbitrators shall
hear all the evidence submitted b y both parties and they shall have access to any
books, papers or records of either the employer or the employee showing any facts
which may be material to the questions before them, and they shall be empowered
to visit the place or plant where the accident occurred, to direct the injured employee
to be examined b y a regular practicing physician or surgeon, and to do all other acts
reasonably necessary for a proper investigation of all matters in dispute. A copy of
the report of the arbitrators in each case shall be prepared and filed b y them with the
State bureau of labor statistics, and shall be binding upon both the employer and em
ployee except for fraud and mistake.
S ec. 10. The term “ employer, ” as used in this act, shall be held to include any
person, firm or private corporation transacting business in this State that has an
WORKMEN'S COMPENSATION AND INSURANCE.
155
employee in his or its service and that has elected according to sections 1 and 2 of this
act to pay the compensation provided for b y this act; and any principal contractor
shall be held to be an employer and shall be liable to pay compensation for injuries
to the employees of any subcontractor, whether first, second, or other subcontractor
or [sic] engaged in, on or about the premises on which said principal contractor has
engaged to perform any work in the same manner and to the same extent as those
said employees had been immediately been [sic] employed b y him. A ny principal
contractor liable to pay compensation under this section, may be indemnified b y any
subcontractor who would have been liable to pay compensation to such employees
independent of the provisions of this section.
S ec . 11. The term “ em ployee,” as used in this act, shall be held to include any
person who has engaged to work or render any service for an employer under a con
tract of service or apprenticeship, whether b y way of manual labor, clerical work or
otherwise, and whether the contract is expressed or implied, oral or in writing, except
that minors not legally permitted to work under the laws of this State, shall not be
considered within the provisions of this act and minors not so excepted are, for the
purposes of this act, to be considered the same and to have the like power of contracting
as though they were of full age.
S ec . 12. Persons whose employment is of a casual nature and who are employed
otherwise than for the purpose of the employer’s trade or business are not included in
the foregoing definition.
S ec . 13. A ny persons entitled to payments under the compensation provisions of
this act against any employer shall nave the same preferential claim therefor against
the property of the employer as is now allowed b y law for a claim b y such person
against such employer for unpaid wages or personal services, such preference to preand tile payments due under such compensation provisions shall not be subject to
attachment, or to levy, or execution and satisfaction of debts except to the same extent
and in the same manner as wages or earnings for personal services are now subject to
levy and execution under the laws of this State, and shall not be assignable. Any
right to receive compensation hereunder shall be extinguished b y the death of the
person entitled thereto, subject to the provisions of this act relative to compensation
for death received in the course of employment. No claim of any attorney at law for
any contingent interest in any recovery for services in securing any recovery under
this act shall be an enforceable lien thereon unless the amount of the same be approved
in writing b y a judge of a court of record, or in case the same is tried in any court,
before the judge presiding at such trial.
S ec . 14. A ny contract or agreement made b y any employee or any other beneficiary
of any claim under the provisions of this act, within seven days after the injury, with
any employer or his agent or with any attorney at law with reference to the prose
cution or settlement of such claim shall be presumed to be fraudulent.
Sec . 15. No such employee or beneficiary shall have power to waive any of the
provisions of this act in regard to the amount of compensation which may be payable
to such employee or beneficiary hereunder.
S ec . 16. N o proceedings for compensation under this act shall be maintained unless
notice of the accident has been given to the employer as soon as practicable after the
happening thereof, and during such disability, and unless claim for compensation
has been made within six months from the occurrence of the accident; or m case of
the death of the employee or in the event of his physical or mental incapacity within
six months after such death or removal of such physical or mental incapacity, or in
the event that payments have been made under the provisions of this act within six
months after such payments have ceased. No want or defect or inaccuracy of such
notice shall be a bar to the maintenance of proceedings b y the employee unless the
employer proves that he is unduly prejudiced in such proceedings b y such want,
defect or inaccuracy. Notice of the accident shall, in substance, apprise the employer
of the claim for compensation made b y the employee and shall state the name and
address of the employee injured, the approximate date and place of the accident, and
in simple language the cause thereof, i f known; which notice may be served personally
or b y registered letter addressed to the employer at his last known residence or place
of business: Provided, That the failure on the part of any person entitled to such com
pensation to give such notice shall not relieve the employer from his liability for
such compensation when the facts and circumstances of such accidents are known to
such employer or his agent.
S ec . 17. The compensation herein provided shall be the measure of the responsi
bility which the employer has assumed for injuries or death that may occur to em
ployees in his employment, and it shall not be in any way reduced b y contributions
from employees.
156
BULLETIN OF THE BUREAU OF LABOR.
Sec. 18. The provisions of this act shall not be construed so as to disturb the organi
zation of any existing mutual aid or benefit association or society to which the employer
contributes an amount sufficient to insure to the employee or other beneficiary the
compensation herein provided, or to prevent the organization of any mutual benefit
association or insurance company for the purpose of insuring the compensation herein
provided and of paying additional accident or sick benefits for w hich the employee
may contribute, providing such mutual aid or benefit associations or insurance com
panies com ply with the laws of this State.
Sec. 19. A n y person who shall becom e entitled to compensation under the pro
visions of this act shall, in the event of his inability to recover such compensation
from the employer on account of his insolvency or other cause, be subrogated to all the
rights of such employer against any insurance company or association w hich may
have insured such employer against loss growing out of the compensation required
b y the provisions of this act to be paid b y such employer, and in such case only a
payment of the compensation that has accrued to the person entitled thereto in accord
ance with the provisions of this act shall relieve such insurance com pany from such
liability.
Sec. 20. It shall be the duty of every employer within the provisions of this act
to send to the secretary of the State bureau o f labor statistics in writing an immediate
report of all accidents or injuries arising out of or in the course of the employment
and resulting in death; it shall also be the duty of every such employer to report
between the 15th and 25th of each month to the secretary of the State bureau of labor
statistics all accidents or injuries for which compensation has been paid in accordance
with the scale of compensation provided for in this act, which accidents or injuries
entail a loss to the employee of more than one w eek’s time, and in case the injury
results in permanent disability, such report shall be made as soon as it is determined
that such permanent disability has resulted or will result from such injury; all such
reports shall state the date of the injury, including the time of day or night, the nature
of the employer’s business, the age, sex, and conjugal condition of the injured person,
the specific occupation of the injured person, the direct cause of injury, and the
nature of the accident, the nature of the injury, the length of disability and, in case
of death, the length of disability before death, the wages of the injured person, whether
compensation has been paid to the injured person or to his legal representative or his
heirs or next of kin, the amount of compensation paid, the amount paid for physician’s,
surgeon’s and hospital b ill and b y whom paid, and the amount paid for funeral or
burial expense, if known.
Sec. 21. The mvalidity of any portion of this act shall in no way affect the validity
of any other portion thereof which can be given effect without such invalid part.
MINNESOTA COMMISSION BILL.
S ection 1. The right to compensation and the rem edy therefor, herein granted,
shall be in lieu of all rights and remedies, now existing either at com m on law or b y
statute either upon the theory of negligence or otherwise, for the injuries covered b y
this code; and no other compensation, right of action, damages or liability shall here
after be allowed to either the injured or dependents for such injuries, so long as this
code shall remain in force, unless, and to the extent only that this code shall be
specifically amended.
Sec. 2. Every industrial employment in which there occurs hereafter to any of
the workmen personal injuries arising out of and in the course of such employment,
is for the purposes of this code hereby declared a dangerous employment, and conse
quently subject to the provisions of this code and entitled to all the benefits thereof.
Sec. 3. Every employer of a workman engaged in such dangerous employment
shall be subject to the provisions of this code, and shall pay compensation, according
to the conditions, percentages of wages and other amounts herein named, to every
such workman so injured in his employment, or, in case of death caused by such
injuries, to the dependents as hereinafter defined and apportioned, for all personal
injuries received by such workman arising out of and in the course of such employment
and disabling such workman from regular services in such employment, and not pur
posely self-inflicted unless to further the duties of his employment; but on the con
dition precedent that in case of dispute between the parties a substantial compliance
with this code shall be made by such workman.
S ec. 4. No compensation shall be allowed for the first two weeks after injury re
ceived, except that covered by sections 5 and 6, nor in any case unless the employer
has actual knowledge of the injury, or is notified within the period specified in section
14, or the workman relieved as provided in section 37.
w o r k m e n ' s c o m p e n s a t io n a n d in s u r a n c e .
157
S ec . 5. During the first two weeks after the injury, the employer shall in all cases
furnish reasonable medical and hospital services and medicines, when needed, not to
exceed one hundred dollars in value, unless the workman refuses to allow them to be
furnished b y the employer; provided the employer shall not be required to pay any
other physician than his own for any of the medical services or expenses which he can
reasonably furnish after the first aid to the injured and an opportunity of properly
changing physicians is had, unless the employer knows of the necessity therefor, or
is requested so to do and fails or refuses to provide the same promptly.
S ec . 6. In case the injury causes death within the period of five years, the reason
able funeral expenses not to exceed one hundred dollars shall be paid b y the employer.
The board o f arbitration may determine the amount that is reasonable and fair for
medical, hospital and funeral expenses hereunder.
S ec . 7. In case the injury causes death within the period of five years, the com
pensation shall be in the amounts and to the persons following:
a. If there be no dependents, then the medical, hospital and funeral expenses, as
provided in sections 5 and 6 hereof.
b. If there are wholly dependent persons at the time of the injury, then a payment
of fifty per cent of the wage, to be made at reasonable intervals not longer than monthly,
and to continue during dependency for the remainder of the period between the death
and the end of the five years after the occurrence of the injury, but in no case to
continue longer than five years after the injury or to amount to more than three
thousand dollars on account of the compensation for the injury to that person.
c. If the deceased at the time of death leaves any persons who were partially de
pendent at the time of the injury they shall receive only that proportion oi the benefits
provided for those wholly dependent which the average amount of the wage con
tributed b y the deceased to such partial dependent at, and for a reasonable time prior
to, the time of the injury bore to the total wage of the deceased, during the same time.
d. The compensation granted b y this code in case of death shall be paid to one of the
following persons, if either wholly or partially dependent, who shall be entitled to
receive such payments in the order in which they are named:
(1) Husband or wife, as the case may be; (2) guardian of children, (3) father, (4)
mother, (5) sister, (6) brother.
Payment to a person subsequent in right shall be lawful and shall discharge all
claim therefor if the person having the prior right has not claimed the payment within
thirty days of the time it becomes due, and the employer does not know or b y reason
able inquiry can not ascertain within a reasonable time where the payment can be
made to the person prior in right.
e. The person to whom the payment is made shall apply the same to the use of the
several beneficiaries according to their respective claims upon the decedent for sup
port. In case any payee or employer is not certain as to the person to whom payment
or distribution should be made, or as to the proportions thereof, and in case any bene
ficiary is not satisfied with the distribution thereof, application may be made to the
board of arbitration to designate the person to whom payment shall be made and the
apportionment thereof among the beneficiaries, and payment and distribution shall
thereafter be made in accordance with the decision or the board, if the matter of
proper dependents be in dispute or incapable of prompt determination, and the amount
of compensation due is not disputed, the board may order the money to be paid over
to it to be held for the proper dependents.
Sec . 8. In case of temporary or permanent total disability of the workman from the
time the payment period begins until the end of the five-year period, or during any
portion thereof, the compensation shall be fifty per cent of the first two thousand dollars
of the annual wage during such disability; payment to be made at the intervals when
such wage was payable as nearly as reasonably can be, but in no case to continue
longer than five years from the injury, and not to include the time when the rule for
payment upon death would operate.
Sec . 9. (a) In case of temporary or permanent partial disability, the workman shall
receive fifty per cent of the necessary decrease on the first two thousand dollars of his
annual wage during the continuance of such decrease, but not longer than five years
in time from the injury and not to include the time when the rules of payment for
death or total disability would operate.
(b )
Whether the disability be partial or total, if the body be maimed or disfigured,
the compensation shall be determined as nearly as may be as follows:
1.
If there be such loss or disfigurement as amounts to, or is the equivalent of, a loss
of as much as, or more than, both ears, eyes, hands or feet, or to one each of two or
more thereof, then for such maiming or disfigurement forty per cent of the first two
85048°— Bull. 92—11----- 11
158
BULLETIN OF THE BUREAU OF LABOR.
thousand dollars of the yearly wage during so much of the five-year period as the work
man remains alive.
2. Or if there be such loss or such disfigurement as not to come within the last sub
section, and to amount to a loss of one of any of such organs, or to the loss of one and
other injuries, then fifteen per cent of the first two thousand dollars of the annual wage
during so much of the five-year period as the workman remains alive.
3. If the body be otherwise maimed or disfigured not sufficiently to come within
either of the above subsections, then such percentage of the first two thousand dollars
of the annual wage during the continuance of the injury, not exceeding the five-year
period or the life of the workman, as would bear a just proportion to the percentages
under the foregoing subsections.
4. In addition to such percentages for maiming and disfigurement, there shall be
the compensation for total or partial disability as provided m and only according to
the provisions of sections 4, 5, 6, 7 ,8 and paragraph (a) of section 9 hereof, except that
the percentages therefor under this subsection shall be figured only on the balance of
the first two thousand dollars of the annual wage after allowing the percentages for
maiming and disfigurement under the foregoing subsections* but this whole section
shall apply during the life of the injured only, and upon his aeath, as a result of such
injuries within the five-year period, then the percentages specified in sections 7, 8
and par. (a) of 9 shall thereafter be applicable.
Sec . 10. (a) The amounts payable periodically under the foregoing sections may be
commuted on a fair basis to one or more lump sum payments b y the board of arbitra
tion, with the consent of the employer and workman or his dependents, at any time
after six months if special circumstances be found which in the judgment of the board
require the same.
(b )
The board of arbitration may at any time b y award allow any employer or any
insurer of such employer with the consent of the workman or his dependent to com
promise and settle any award b y the transfer of property or the settlement of any
annuity or other form of benefits, if special circumstances be found w hich in the judg
ment of the board require the same.
11. (a) When the workman is employed at the time of the injury in a regular capacity
at a fixed and reasonable wage which remains unaltered and continuous substantially
throughout the year either in his own case or in the case of persons engaged in the like
employment, the wage taken as the basis of compensation under the foregoing sections
shall mean the wage so paid, reckoned on such yearly basis.
(b)
Where the workman is at the time of the injury em ployed other than as above
provided, the wage so taken shall be an average or fair wage which the particular
workman ought to receive on a reasonable basis, considering the rate he has been get
ting, his ability and willingness to work, the nature of the service he was performing,
and all of the other circumstances of the case.
Sec . 12. (a) If the employer shall clearly establish that the injuries, death, or
disability were due in whole or in part to the workman’s previous injuries, sickness,
disease, physical or mental ailments or deficiencies, age, or infirmity, then and to that
extent only the compensation herein allowed shall be correspondingly reduced.
(b) If the workman or a beneficiary under this code shall clearly establish that the
injured was a minor or apprentice of such age and experience or of such physical
condition when injured that under natural conditions he would be expected to increase
in wages, these facts may be considered in arriving at his reasonable wage, to conform
to the spirit of this code.
(c) If the employer shall olearly establish that the injured was a person of such old
age or physical conditio^ at the time of the injury that under natural conditions he
would not be expected to continue to earn full wages during the whole five-year
period, these facts may be considered in arriving at his reasonable wage and his prob
able length of earning capacity at the time of the injury.
(d) The compensation or other rights or remedies provided or awarded or the defenses
thereto shall never be vested except subject to such changes as the provisions of this
code allow.
Sec. 13. If it be found as a fact b y the board in its award that the employer had notice
or knowledge of the occurrence of the injury, and also that such injury was severe
enough to immediately and completely disable the workman from continuing his
work then and in such case the*notice under section 14 shall not be essential.
Sec. 14. (a) Unless the employer shall have the notice or knowledge provided in
section 13, or unless the workman or some one on his behalf, or some of the dependents
or some one on their behalf or some other person, shall give notice thereof to the em
ployer within fourteen days or be relieved therefrom according to this code, then no
compensation shall accrue until such notice is given.
(b)
If the notice is given within thirty days, no want, failure; or inaccuracy of a
notice shall be a bar to obtaining compensation, unless the employer shall show that
w o r k m e n ' s c o m p e n s a t io n a n d in s u r a n c e .
159
he was prejudiced by such want, defect, or inaccuracy, and then only to the extent such
prejudice is shown.
(c) If the notice is given within ninety days, and if the workman or other beneficiary
shall show that his failure to give prior notice was due to his mistake, inadvertence,
ignorance of fact or law, or inability, or to the fraud, misrepresentation, or deceit of
another person connected with, or acting for the employer or to any other reasonable
cause or excuse, then compensation may be allowed, but reduced to the extent only
that the employer shall show that he was prejudiced b y failure to receive such notice.
(d) Unless and until such notice be given within ninety days of the injury if the serv
ice can be made within the State or relief granted under section 37 or excepted under
section 23 hereof, no compensation shall be allowed.
S ec . 15. The notice may be served personally upon the employer, or upon any
agent of the employer, or authority upon whom a summons may be served in a civil
action, or by sending it b y registered mail to the employer at the last known residence
or business place thereof, and may be, and when the'requirement is reasonable shall
be, in substantially the following form:
“ Notice to employer of personal injury received: Y ou are hereby notified that an
injury was received b y (n a m e )----------who was in your em ploy at (p la ce)--------at the
job of (kind of w o rk )------ on or about t h e ------ day o f ............ 1 9 .., and who is now
located at (give town, street and num ber)--------- that so far as now known the nature of
the injury w as--------- and that compensation may be claimed therefor.
(S ig n e d )........................ ”
(Giving address.)
But if the employer receives a notice sent within time and improper in form, he
must immediately return the same to the last known address he has for such workman
and point out in writing the deficiency of such notice, or be bound as having sufficient
knowledge; and if such notice is so returned an immediate new notice may be given b y
the workman.
Sec. 16. (a) After an injury and during the period of disability, the workman, if so
requested by his employer or ordered by the board must submit himself for examina
tion at reasonable times to a physician selected by the employer authorized to prac
tice under the laws of the State.
(b)
If the workman requests, he shall be entitled to have a physician of his own selec
tion at reasonable times to participate in such examinations.
(d) E xcept as provided in this code, there shall be no other disqualification or privi
lege preventing the testimony of a physician who actually makes an examination.
(e) Unless there has been a reasonable opportunity thereafter, for such physician
selected b y the workman to participate in an examination in the presence of the physi
cian selected b y the employer, the physician selected b y the employer shall not be
permitted afterwards to give evidence of the condition of the workman in a dispute
as to the injury.
S ec . 17. The board of arbitration shall have the power to employ a neutral physi
cian of good standing and ability who shall, at the expense of the county, make such
examination or examinations as the board may request either of its own motion or on
the petition of either or both the employer ana workman or dependents, and in case
of death the board may require an autopsy to be held.
S ec . 18. If the employer or the workman has a physician make such an examina
tion and no reasonable opportunity is given to the other party to have his physician
make examination, then in case of a dispute as to the injury, the physician of the party
making such examination shall not give evidence before the board, unless a neutral
physician of the board of arbitration either has examined or then does examine the
injured workman and gives testimony regarding the injuries.
S ec . 19. If the workman shall refuse examination at such reasonable time or times
as the board shall order, b y physicians selected b y the employer, in the presence of a
physician of his own selection, or an examination b y the physician of the board of
arbitration, he shall have no right to compensation during the period from such
refusal until he or some one on his behalf notifies the employer or board of arbitration
that he is willing to have such examination.
(a) If the neutral physician make an examination, he shall file with the board a
certificate under oath as to the condition of the workman, and such certificate shall
be competent evidence of that condition.
(b ) The physician and hospital shall immediately give written notice of the injury
to the employer if they know or can reasonably obtain his name and address; if either
fails to com ply herewith such one shall not be entitled to collect compensation or
expenses for treating the injured.
Sec. 20. (a) All settlements and releases made in which the workman is given the
full benefit of this code shall be binding upon all parties, except that no settlement
160
BULLETIN OF THE BUREAU OF LABOR.
where the workman is entitled to receive payments longer than a period of ninety
days from the injury, and no lump sum settlement, shall be binding upon the workman,
unless and until the same be approved b y the board.
(b) If the employer and the workman, or the legal representatives of either, or both,
are able to reach an agreement in regard to compensation or any other matter under
this code, a memorandum of such agreement may be filed with the board; and if
approved b y it as conforming to this code, an award shall be entered thereon in con
formity therewith and be of the same force and effect as awards entered upon a hearing;
but the board shall have the power to investigate the matter before approved suffi
ciently to determine whether it is a fair settlement.
(c) The board may at any time require from the employer or insurer thereof a copy
or report of any settlement or release or class of settlements or releases made with the
injured workman.
S ec . 21. The right of compensation granted by this code shall have the same pref
erence for the whole thereof against the assets of the employer as is allowed by law
for a priority claim for unpaid wages for labor.*
S ec . 22. Claims or payments due under this code shall not be assignable, and shall
be exempt from all claims of creditors and from levy, execution, or attachment; but
this shall not relieve the injured from his legal duties of support as between himself
and family.
S ec . 23. (a) As a condition precedent to recovery upon a claim for compensation,
in case of dispute over, or failure to agree upon a claim for compensation, the workman
or the dependents or others entitled to the benefits hereof as the case may be shall
submit the claim for compensation hereunder both as to the fact and nature of the
injuries and the amount of compensation therefor, to a board of arbitration as here
inafter specified, in substantial compliance with this code, and shall be and remain
bound b y the award and such modifications thereof as shall be made under the pro
visions of this code.
(b ) If the employer or any other interested persons appear in any proceeding herein
to contest the merits thereof or to get or accept or carry out the benefits of the provi
sions of this code, such person shall be deemed to have appeared generally and joined
in a submission of such matter to the decision of the board and the conditions of this
code.
(c) The board shall acquire and have jurisdiction of the employer and all other
persons interested in said proceeding b y the service of the notice upon them according
to sections 30* 31 and 32 of this code, or b y their general appearance, or b y reference
from the district court.
(d) When the board obtains jurisdiction of any party or matter, then it shall retain
the same so long as may be necessary to carry out the purposes of this code whether
the parties do or do not remain within the State; provided that while any portion
of said matter be before the district court or supreme court for determination or other
purposes, the jurisdiction of this board for that matter shall be suspended.
(e) No workman or dependent or other person interested in such compensation shall
be entitled to commence or maintain any action at law or suit in equity for such com
pensation until the amount thereof shall have been determined as herein provided,
and then only for the amount so awarded and according to the terms and conditions of
the award and the benefits of this code; provided this whole section shall not prevent
the obtaining of jurisdiction in so far as it can be done pursuant to the fundamental
laws, under the next subsection hereof.
(f) In any case where service can not be made within this State to acquire jurisdic
tion before this board as herein otherwise provided, the usual procedure shall be had
before the board to the extent of serving the notice outside of the jurisdiction of the
State in the same method as it would be served within the jurisdiction of the State,
and the person upon whom it shall be served shall have the regular time to appear in
said proceeding before said board.
If he does not appear generally therein, then the person making the application
shall have the right to institute a suit in equity in the district court of the county, set
ting forth the facts; and if jurisdiction can be acquired in said court b y attachment or
otherwise, as provided b y the practice and procedure in this State in said court, then
upon the joining of issue, said court shall refer the qucrs'ons of fact for determination to a
board of arbitration to hear, try and determine and make its award conformable to this
code and report such award back to the said district court; which shall, if it approves
the same on the notice specified for entering judgment upon other awards as against the
objection herein provided for such other awards, then enter a judgment thereon, and
the judgment when entered shall have the same force and effect and be subject to all
the other provisions of this code as if the award had been made by appearance before
the regular board and judgment had been entered thereon; if its disapproval of the
w o r k m e n ' s c o m p e n s a t io n a n d i n s u r a n c e .
161
same requires a further finding upon any question of fact, it shall refer that ques
tion or the whole matter back to a board as it would in any case coming through the
regular channels; provided that this code shall not be construed as covering cases
where jurisdiction can not be properly acquired within this State, upon diligent efforts.
Sec. 24. (a) There is hereby created a board of arbitration for each county in this
State, consisting of three competent members, who shall be appointed b y the district
court for such counties and hold their offices subject to the w ill and discretion of the
district court b y which they are appointed.
(b) The court may from time to time appoint additional boards to act for such length
of time as it deems necessary for the expeditious dispatch of the business of the district.
(c) In judicial districts containing more than one county, and not having sufficient
business to occupy one board’s complete time in the county of original appointment,
the court shall appoint a board to act in one county and then enter an order in such
other county or counties as the said board can fairly cover authorizing and directing
such board to act in such other county or counties hearing the matters arising therein
as the board for that county. The members need not necessarily reside in the same
county.
(d) The court may fill all vacancies whether temporary or permanent occurring at
any time in the board.
(e) During a single vacancy the remaining two members shall exercise all the power
and authority of the board until such vacancy is filled.
Sec. 25. (a) No person shall sit as an arbitrator in either a case where he is related to
either party by marriage or blood within the third degree, or who has any personal
interest in the matter in dispute; provided that objection to any arbitrator, if the facts
be then known, must be made in writing and filed with the board before hearing; and
if the matter be not otherwise disposed of, it shall be heard and determined by the dis
trict court on motion, and its determination thereof shall be final.
(b) The board shall organize b y choosing one of its members as chairman.
(c) A majority of the board shall be a quorum for the hearing and decision of any
matter, and the decision of any two thereof shall be the decision of the board. In case
the board shall be equally divided as to any matter, the same shall be tried de novo,
before a full board of three members.
(d) No person shall be appointed to, or be eligible for, the position of arbitrator,
clerk, assistant, expert or any other office or position hereunder, who is either a relative
of any member of the court appointing him or of any of the arbitrators acting within the
county, or who has been active in the election or appointment of any member of the
court appointing him or active in the appointment of any member of the board or
superior employer hereunder, or who has solicited his own appointment either directly
or indirectly.
(e) The district court shall have the same power to punish for contempt of the board
that it has for a similar contempt of its own powers.
Sec. 26. (a) The district court may appoint a clerk of the board or require the clerk
of said court to act and the board may em ploy experts and such other clerical help as
it may deem necessary, but all subject to the power of said court to disapprove same.
(b) All persons required to handle monies and other funds under this code shall
give such bonds as the district court shall order as being approximately twice the
amount of money likely to be in their hands at any time, and the expense of such
bonds shall be paid from the county funds; the court may from time to time increase
or lower those bonds to comply with the intention of this code.
(c) The court may also provide for depositories of such funds and sufficient bonds
therefor.
Sec. 27. (a) All salaries, fees and expenses authorized by this code, except those
of the members of the board, including the fees of witnesses within thirty miles, shall
be audited and paid out of the general funds, the same as district court expenses;
provided that the board shall have power to limit the expense of witnesses to a reason
able amount.
(b) The compensation of the board shall be fixed by the district court, but shall in
no case exceed per member five dollars per half day or ten dollars per day for actual
and necessary time and the actual cash outlay for necessary expenses of extra travel,
and shall be paid in the same manner and from the same funds as other county em
ployes.
(c) The compensation of clerks and other assistants shall be fixed by the board,
subject to the approval of the district court.
Sec. 28. (a) The board of arbitration shall have jurisdiction throughout their re
spective counties to arbitrate all controversies arising within the county and permitted
by or growing out of this code, and to make awards consistent herewith.
162
BULLETIN OF THE BUBEAU OF LABOR.
(b) The board shall also have jurisdiction to arbitrate any such controversies arising
within the State outside of their counties, if all parties interested therein shall con
sent thereto in writing.
(c) A n y matter for arbitration commenced in one county may be transferred to another
county to be heard b y the arbitrators of the county in which the injury occurred or
b y the board in the county to which it is transferred, if all parties consent thereto in
writing.
Sec . 29. (a) The district courts shall make rules of practice and procedure to apply
to, but not inconsistent with, this code, and so far as possible uniform throughout the
State.
(b) The board may fix the amount of compensation which any attorney of a work
man or dependent shall be entitled to receive for services out of the sum awarded as
compensation.
(c) There is hereby granted to the board of arbitration and to all the persons vested
with rights, powers, or obligations, such further powers and means of their exercise
as may b e necessary and proper to carry out the purposes of this code, not inconsistent
with the fundamental laws.
S ec . 30. (a) A n y person in interest desiring a determination b y said board of any
necessary matter may bring it before the board b y a written and signed request, filea
with the clerk of the board.
(b) The board of its own motion b y notice made and served as provided in sections
31 and 32 hereof may bring any of the parties before it for the purpose of determining
whether any matter growing out of any such personal injuries is proceeding according
to the spirit of this code.
(c) The request shall be in such form as may be prescribed b y the board, with the
approval of the district court, and shall furnish so far as possible the data for service
of notice.
S ec . 31. Upon the filing of such petition, on request, the clerk shall issue under
the name of the board a notice to all of the interested parties so far as known to him,
and cause the same to be served in the method prescribed in this code for the service
of notice of injuries to the em ployer; except that service under this provision must
be made within the State or in accordance with the method prescribed in subdivision (f)
of section 23 hereof; provided that while the board has jurisdiction of any proceeding
the notices may be filed and served b y registered mail sent to the last address known
to the board and a reasonable time to respond allowed.
S ec . 32. The notice shall cover the following things:
(a) The request made, giving the name or names of the person or persons making
the same.
(b) The general nature of the matter to be investigated sufficiently describing the
same to enable the parties to prepare for hearing.
(c) A summons to appear at a time and place for the hearing and a notice that other
wise he w ill be awarded in default.
(d) A notice that such other and further relief may be claimed and awarded as will
do justice in the premises.
(e) Service may be proven b y admission in writing or b y certificate of the clerk of
the board or in any otner manner that proof of service of a summons may be made.
S ec . 33. The time for a hearing upon the merits of a claim for compensation shall
not be less than ten days, and upon other matters not less than five days, after notice
given, unless as to such other matters the board shall shorten the time b y order to
show cause.
S e c . 34. N o fo rm a l or w ritte n plead in gs s h a ll be re q u ire d in th e h e a rin g of a n y
c o n tro ve rsy a risin g u n d e r th is code.
S ec . 35. The board shall not be bound b y the usual common law or statutory rules
of evidence or b y any technical or formal rules of procedure, other than as herein
provided, but may make the investigation in such manner as in their judgment is
best calculated to ascertain the substantial rights of the parties and to c a n y out justly
the spirit of this code; provided that all parties must have reasonable notice of hearing
and fair opportunity to be heard on all investigations, inspections and hearings.
S ec . 36. The board shall have the power—
(a) To inspect or cause to be inspected the premises where the injury occurred.
(b) To require any books or papers, tools or other m ovable chattels to be produced or
inspected.
(c) To require any workman claiming compensation to be physically examined b y
a physician appointed b y the board or to require an autopsy to be held on the body
of any workman for whose injuries compensation may be claimed.
(d ) To issue subpoenas to com pel the attendance of witnesses or parties, and the
production of books, papers, records or chattels.
(e ) T o a d m in iste r oaths.
w o r k m e n ' s c o m p e n s a t io n a n d in s u r a n c e .
163
(f) T o require process to run in the name of the chairman.
(g) The board shall have power to hear and decide and render awards, either on
default or hearing; but defaults shall be liberally reopened upon reasonable showing.
Sec. 37. (a) The board may either retain or reacquire jurisdiction and continue
from time to time the proceedings upon any claim or matter and may hold such
interim hearings and make such interim awards and such modifications of prior awards,
or grant and hold such rehearings as may be necessary until the claim can be justly
ana finally awarded for the full balance of the period; but unless otherwise provided
b y order of the board or b y this code it shall retain jurisdiction until all payments
provided and other matters arising on claims end.
(b) In case of failure to serve notice or to reach all the parties, or in case it appear
that a default should be removed, or any other matter done including the modification
or amendment of an award otherwise final, in the interest of fairness, the board may
take such action thereon as will promote justice and tend to carry out the spirit of this
code.
Sec. 38. The clerk shall keep a record of the proceedings of the board, showing
separately each case b y the board considered, including the nature of the injury, the
names of the parties and their agents or attorneys if any appearing therein, the names
of the witnesses who testified before the board, with such exhibits as can reasonably
be kept, or copies or photographs thereof, furnished b y the parties, and the award,
and such other records as may from time to time be directed b y the board.
Sec. 39. The board shall make its awards in writing in such terms as it shall decide
to be consistent with the facts and the spirit and powers of this code and as nearly as
may be in the following form:
* 1. Title of the claim.
2. We find in the above case that (workman’ s nam e)----------on (da te)---------- received
injuries arising in and growing out of the course of the employment of (employer’s
n am e)----------- at (place) — ---while working at the job of (kind of w o rk )------------- and
the fair wage was the sum of $ .......... p e r ............ p a y a b le ..............
3. That the injuries appear now to be and are as follows:
4. That those injuries have caused (death or degree of disability as case may be).
5. That for (total or partial)----------disability, it is hereby found and awarded that
the said employer shall pay compensation in the amount of $ .......... per (week or
month), payable t o --------- for the use and benefit of the following persons (names)--------in the respective proportions for the times set opposite their names or until modified
or changed b y this board upon hearing.
6. (Amount of compensation, if any, allowed to attorney).
7. (A ny further or different material and necessary matters that conform to the
facts and this code).
'
8. The times and places of payments.
Sec. 40. The findings and awards made hereunder shall be final and conclusive as
to the nature of the injuries and the amount of compensation, unless and until
reopened, modified or set aside by either the board or the court.
Sec. 41. Either party to any controversy before the board, when an interim or
final award is rendered and the payment thereof has been refused, may present a
certified copy thereof to the district court of the county and upon five days’ notice in
writing to the other party apply for judgment thereon.
Sec. 42. The district court shall thereupon render a judgment in accordance there
with, unless such award is vacated as herein provided. Such judgment shall have the
same effect as though duly rendered in an action tried and determined b y said court,
and shall with like effect be entered and docketed, except that no execution shall be
issued thereon for more than is then due and the judgment shall not be a lien on realty
except for due payment. The employer may file an affidavit with the clerk of the
district court stating the payment of all amounts due under the judgment, and attach
ing the original receipt or paid check, order or draft for the latest due payment; if it
tliey shall be deemed ^discharged, unless and until such record be set aside b y the
court w hich may be done upon application and cause shown.
Sec. 43. (a) A n y party aggrieved b y any award may, within twenty days after the
filing thereof and before judgment thereon, apply to the district court of the county,
upon five days’ notice to the other party, for an order vacating such award and grant
ing a new hearing; but such order may be made only on a showing of fraud or gross
error of the arbitrators, want of jurisdiction or errors at law; and then if the application
is granted and any other or further finding of fact necessary the claim shall be recom
mitted for arbitration to an unbiased board.
164
BULLETIN OF THE BUREAU OF LABOR.
(b) Any person authorized to obtain relief after judgment herein may apply therefor
to the district court and obtain the same, and if any finding of fact be necessary on
dispute the court may open the judgment and recommit the matter to the jurisdiction
of the board to find the facts.
Sec. 44. An employer who is responsible for compensation as provided in this code
may insure the risk in any manner then authorized b y law. But those writing such
insurance shall in every case be subject to the conditions contained in sections 45
and 46.
Sec. 45. If the risk of the employer is carried b y any insurer doing business for profit,
or b y any insurance association or corporation formed of employers or workmen, or b y
employers and workmen, to insure the risks under this code, operating b y the mutual
assessment or other plan or otherwise, then
(a) In so far as policies are issued on such risks they shall provide for compensation
for the injuries according to the full benefits of this code.
(b) Such policies shall contain a clause to the effect that as between the workman
and the insurer the notice and knowledge of the occurrence of the injury on the part of
the employer shall be deemed notice and knowledge on the part or the insurer; that
jurisdiction of the employer for arbitration or other purposes shall be jurisdiction of
the insurer, and that the insurer will in all things be bound b y and subject to the
awards rendered against such employer upon the risks so insured.
(c) Such policies must provide that the workman shall have an equitable lien upon
any amount which shall become owing on account of such p olicy from the employer to
the insured, and in case of the legal incapacity or inability of tne employer to receive
the said amount and pay it over to the workman or dependents, the said insurer w ill
pay the same direct to said workman or dependents, thereby discharging all obliga
tions under the p olicy to the employer and all of the obligations of the employer and
insurer to the workman, .but such policies shall contain no provision relieving the
insurance company from payment when the employer becomes insolvent or dis
charged in bankruptcy or otherwise, during the period the policy is in operation, if
the compensation remains owing.
(d) The insurer must be one then authorized b y law to conduct such business and
must have and maintain sufficient reserves to meet the requirements of the insurance
laws applicable thereto then in force in this State.
Sec. 46. It shall be lawful for the employer and the workman to agree to carry the
risks covered b y this code in conjunction with other and greater risks and procure
other and greater benefits, not exceeding the amount of the wage, such as additional
compensation, accident, sickness or old age insurance or benefits, and the fact that
such plan involves the contribution b y the workman shall not prevent its validity if
the employer pays for the whole of the risks otherwise covered b y this code and the
workman gets the whole of the additional benefits; but no contracting out of this code
shall be valid.
Sec. 47. (a) Every person who undertakes to execute work either on his own account
or as contractor requiring such dangerous employment of workmen in, on, or about
premises where he as principal contracts with any independent contractor, subcon
tractor or other person to do a part or the whole thereof and whom he knew or had
reason to believe was either insolvent or irresponsible, and does not require such per
son either to insure or secure the risks covered b y this code, and any such person who
creates or carries into operation any fraudulent scheme, artifice or device to enable
him to execute such work without himself being responsible to the workman for the
provisions of this code shall himself be included in the term “ em ployer,” and with
the immediate employer jointly and severally liable to pay the compensation and be
subject to all the provisions of this code to the extent of one full compensation.
( d)
References and provisions of this code include such employer where compensa
tion is claimed from, or proceedings taken against the principal hereunder, but the
amount of compensation shall be calculated with reference to the wage of the workman
under the contractor b y whom he is immediately employed.
(c) The employer shall not be required to pay for injuries due entirely to the acts
of third persons not engaged in, or connected or associated with the business or occu
pation of the employment of the employer in the job in and out of which the injuries
arise.
Sec. 48. (a) Wherever the term “ board,” “ arbitrators” (when not referring to the
individuals) or “ board of arbitrators” are used they shall each be deemed to mean
“ board of arbitration.”
(b) “ Child or children” shall include posthumous children and all other children
entitled b y law to inherit as children of the deceased injured.
(c) The term “ employer ” as used herein shall include every person employing such
a workman as comes within this code; and shall mean any person or corporation,
w o r k m e n ’ s c o m p e n s a t io n a n d i n s u r a n c e .
165
copartnership, or association or group thereof, and their successors or legal representa
tives, and shall include State, county, village, town, city, school district and other
public employers.
(d) The husband or wife while remaining single, and the minor children until they
reach their majority shall be deemed dependent; all others shall be presumed not de
pendent until actual dependency be shown, and then deemed dependent only to the
extent shown.
(e) The term “ physician” shall include “ surgeon.”
(f) The term “ workmen” shall include the singular and plural and all ages and
both sexes.
(g) The term “ workmen ” shall mean all employed persons engaged in industrial em
ployments who are ordinarily known as laborers and workmen and all other employees
commonly known as servants under the law of master and servant n ow in force in tort
actions, when subjected in their work to the dangers of such employment; but shall not
include independent contractors or subcontractors or their employees, except such em
ployees as are covered b y reason of the conditions provided in section 47 of this code.
S e c . 49. Without otherwise affecting either the meaning or interpretation of the
abridged clause, “ personal injuries arising out of and in the course of em ploym ent”
it is hereby declared:
(a) Not to cover workmen except while engaged in, on, or about the premises where
their services are being performed, or where their service requires their presence as a
part of such service at the time of the injury and during the hours of service as such
workmen, and subjects them to dangers peculiar to that employment.
(b) It shall not include employees of other persons whose agents they are for transact
ing such employment, except when the person who engages the principal of such agent
subjects the agent to peculiar dangers in the performance of such duties.
(c) It shall cover, all injuries to the workman that are due to, or incidental to,
either the dangers or risks of his employment.
(d) It shall not cover injuries occasioned b y drunkenness of the workman himself,
unless the employer or superior servant or agent thereof allows him to continue the
work knowing that he is drunk, but shall cover such cases, and cases where the injuries
are occasioned, in whole or in part, b y increase of the hazards resulting from the
drunkenness of a fellow servant, a superior servant or agent, or the employer himself,
in connection with such work.
(e) It shall include only such disease and infection as result from the injury when
reasonably treated, or as results from the failure of the employer reasonably to treat
in accordance with this code, and that which is caused b y the bad treatment of the
employer’s physician thereon; but shall not include disease or infection otherwise re
ceived after the workman has a reasonable opportunity to treat the wound.
(f) Industrial employment is used in the broad sense herein and shall mean and'
include each and every occupation, calling, business and pursuit, which is operated
within this State for the purpose of gain or profit, or which is operated in the furtherance
of gain and profit of others, whether operated b y a private or public employer.
S e c . 50. This code shall not apply to injuries incurred before January 1st, 1912.
S e c . 51. This code shall take effect as to appointment of arbitrators, clerk, prepara
tion for offices, records, rules, etc., upon its passage to allow it to b e in general operation
on January 1st, 1912.
OHIO COMMISSION BILL.
[As amended and passed b y the legislature, May 17, 1911.]
S e c t i o n 1. There is hereby created a State Liability Board of Awards, to be com
posed of three members, not more than two of whom shall belong to the same political
party, to be appointed by the governor, within thirty days after the passage of this act,
one of which members shall be appointed for the term of two years, one member for
four years and one member for six years, and thereafter as their terms expire the
governor shall appoint one member for the term of six years. Vacancies shall be
filled b y appointment by the governor for the unexpired term, and all appointments
shall be upon and with the advice and consent of the senate.
Sec. 2. Each member of the board shall devote his entire time to the duties of his
office and shall not hold any position of trust or profit or engage in any occupation or
business interfering or inconsistent with his duty as such member, or serve on or
under any committee of any political party.
Sec. 3. Each member of the board shall receive an annual salary of five thousand
dollars, payable in the same manner as salaries of State officers are paid.
166
BULLETIN OF THE BUREAU OF LABOR.
S ec . 4. The board shall be in continuous session and open for the transaction of
business during all the business hours of each and every day, excepting Sundays and
legal holidays. A ll sessions shall be open to the public, and shall stand and be ad
journed without further notice thereof on its records. A ll proceedings of the board
shall be shown on its record of proceedings, which shall be a public record, and shall
contain a record of each case considered, and the award made with respect thereto,
and all voting shall be had b y the calling of each member's name b y the secretary
and each vote shall be recorded as cast.
S ec . 5. A majority of the board shall constitute a quorum for the transaction of
business, and a vacancy shall not impair the right of the remaining members to exercise
all the powers of the full board so long as a majority remains. Any investigations,
inquiry or hearing which the board is authorized to hold, or undertake, may be held
or undertaken b y or before any one member of the board. All investigations, inquiries,
hearings and decisions of the board, and every order made b y a member thereof, when
approved and confirmed b y a majority of the members, and so shown on its record of
proceedings, shall be deemed to be the order of the board.
S ec. 6. The board shall keep and maintain its office in the city of Columbus, and
shall provide a suitable room or rooms, necessary office furniture, supplies, books,
periodicals and maps. All necessary expenses shall be audited and paid out of the
State insurance fund. The board may hold sessions at any place within the State.
S ec . 7. The board may employ a secretary, actuary, accountants, inspectors, ex
aminers, experts, clerks, stenographers and other assistants, and fix their compensation.
Such employments and compensation shall be first approved b y the governor, and shall
be paid out of the State insurance fund. The members of the board, actuaries, ac
countants, inspectors, examiners, experts, clerks, stenographers and other assistants
that may be employed shall be entitled to receive from the State insurance fund
their actual and necessary expenses while traveling in the business of the board.
Such expenses shall be itemized and sworn to by the person who incurred the expense,
and allowed b y the board.
Sec. 8. The board shall adopt reasonable and proper rules to govern its procedure,
regulate and provide for the land and character of notices, and the services thereof,
in cases of accident and injury to employes, the nature and extent of the proofs and
evidence, and the method of taking and furnishing the same, to establish the right to
benefits of compensation from the State insurance fund, hereinafter provided for, the
forms of application of those claiming to be entitled to benefits or compensation there
from, the method of making investigations, physical examinations and inspections,
and prescribe the time within which adjudications and awards shall be made.
S ec . 9. Every employer of labor shall furnish the board, upon request, all infor
mation required b y it to carry out the purposes of this act. The board or any member
thereof, or any person employed b y the board for that purpose, shall have the right to
examine under oath any employer or officer, agent or employee thereof.
S ec . 10. Every employer of labor receiving from the board any blank with direc
tions to fill the same, shall cause the same to be properly filled out as to answer fu lly
and correctly all questions therein propounded, and if unable to do so shall give good
and sufficient reasons for such failure. Answers to such questions shall be verified
under oath and returned to the board within the period fixed b y the board for such
return.
S ec . 11. Each member of the board, the secretary and every inspector-or examiner
appointed by the board shall, for the purposes contemplated by this act, have power
to administer oaths, certify to official acts, take depositions, issue subpoenas, compel
the attendance of witnesses and the production of books, accounts, papers, records,
documents and testimony.
S ec . 12. In case of disobedience of any person to com ply with the order of the
board, or subpoena issued b y it as one of its inspectors, or examiners, or on the refusal
of a witness to testify to any matter regarding which he may be lawfully interrogated,
or refuse to permit an inspection as aforesaid, the probate judge of the county in
w hich the person resides, on application of any member of the board, or any inspec
tor or examiner appointed b y it, shall compel obedience b y attachment proceedings
as for contempt, as in the case of disobedience of the requirements of subpoena issued
from such court on a refusal to testify therein.
Sec. 13. Each officer who serves such subpoena shall receive the same fees as a
sheriff, and each witness who appears, in obedience to a subpoena, before the board
or an inspector or examiner, snail receive for his attendance the fees and mileage
provided for witnesses in civil cases in courts of common pleas, which shall be audited
and paid by from such State insurance fund in the same manner as other expenses
w o r k m e n ’s
COMPENSATION a n d in s u r a n c e .
167
are audited and paid, upon the presentation of proper vouchers approved b y the
chairman and secretary of the board. No witness subpoenaed at the instance of a
party other than the board or an inspector shall be entitled to compensation from
the State insurance fund unless the board shall certify that his testimony was mate
rial to the matter investigated.
Sec. 14. In an investigation, the board may cause depositions of witnesses residing
within or without the State to be taken in the manner prescribed by the law for like
depositions in civil actions in the court of common pleas.
S ec . 15. A transcribed copy of the evidence and proceedings, or any specific part
thereof, or any investigation, b y a stenographer appointed b y the board, being certified
b y such stenographer to be a true and correct transcript of the testimony on the investi
gation, or of a particular witness, or of a specific part thereof, carefully compared b y him
with his original notes, and to be a correct statement of the evidence ana proceedings
had on such investigation so purporting to be taken and subscribed, may b e received
in evidence b y the board with the same effect as if such stenographer were present and
testified to the facts so certified. A copy of such transcript shall be furnished on
demand to any party upon the payment of the fee therefor, as provided for transcript
in courts of common pleas.
Sec. 16. The board shall prepare and furnish blank forms, and provide in its rules
for their distribution so that the same may be readily available, of application for
benefits or compensation from the State insurance fund, notices to employers, proofs of
injury or death, of medical attendance, of employment and wage earnings, and such
other blanks as may be deemed proper and advisable, and it shall be the duty of insured
employers to constantly keep on hand a sufficient supply of such blanks.
S ec . 17. The State Liability Board of Awards shall classify employments with respect
to their degree of hazard, and determine the risks of the different classes and fix the
rates of premium of the risks of the same, based upon the total pay roll and number of
employees in each of said classes of employment, sufficiently large to provide an adequate
fund for the compensation and expenses provided for in this act, and to create a surplus
sufficiently large to guarantee a State insurance fund from year to year.
S ec . 18. The State Liability Board of Awards shall establish a State insurance fund
from premiums paid thereto b y employers of labor and employees as herein provided,
according to the rates of risk in the classes established b y it, as herein provided, for the
benefit of employees of employers that have paid the premium applicable to the classes
to which they belong and for the benefit of the dependents of such employees, and shall
adopt rules and regulations with respect to the collection, maintenance and disburse
ment of said fund.
S ec . 19. The treasurer of State shall be the custodian of the State insurance fund, and
all disbursement therefrom shall be paid b y him, but upon vouchers signed b y any two
members of the State Liability Board of Awards.
S ec . 20. The treasurer of State shall give a separate and additional bond, in such
amount as may be fixed b y the governor, and with sureties to his approval, condi
tioned for the faithful performance of his duties as custodian of the State insurance fund
herein provided for.
S ec . 20-1. Any employer of labor who shall pay into the State insurance fund the
remiums provided b y this act, shall not be liable to respond in damages at common
tw or b y statute, save as hereinafter provided, for injuries or death o f any such em
ployee during the period covered b y such premiums, provided the injured employee
has remained in his service with notice that his employer has paid into the State insur
ance fund the premiums provided b y this act; the.continuation in the service of such
employer with such notice, shall be deemed a waiver b y the employee of his* right of
action as aforesaid.
Each employer paying the premiums provided b y this act into the State insurance
fund shall post in conspicuous places about his place or places of business typewritten
or printed notices stating the fact that he has made such payment; and the same, when
so posted, shall constitute sufficient notice to his employees of the fact that he has made
such payment; and of any subsequent payments he may make after such notices have
been posted.
Sec . 20-2. For the purpose of creating such State insurance fund, each employer and
his employees shall pay, on or before January 1,1912, and semiannually thereafter, the
premiums of liability risk in the classes of employment as m ay be determined and pub
lished b y the State Liability Board of Awards. The said employers for themselves
and their employees shall make such payments to the State treasurer of Ohio, who shall
receive and place the same to the credit of such State insurance fund. ^The premiums
provided for in this act shall be paid b y the employer and employees in the following
proportions, to wit: Ninety per cent of the premium shall be paid b y the employer
E
168
BULLETIN OF THE BUREAU OF LABOR.
and ten per cent b y the employees. Each employer is authorized to deduct from the
pay roll of his employees ten per cent of the said premiums for any premium period in
proportion to the pay roll of such employees; no deduction shall be made except for
that portion of the premium period antedating such pay roll. Each employer shall
give a receipt to each employee showing the amount which has been deducted and
paid into the State insurance fund.
S ec . 21. The State Liability Board of Awards shall disburse the State insurance fund
to such employees of employers as have paid into said fund the premiums applicable to
the classes to which they belong, that have been injured in the course of their employ
ment and which have not been purposely self-inflicted, or to their dependents in case
death has ensued.
Sec . 21-1. A ll employers of labor who shall not pay into the State insurance fund
the premiums provided b y this act, shall be liable to their employees for damages suf
fered b y reason of personal injuries sustained in the course of employm ent caused by
the wrongful act, neglect or default of the employer, or any of the em ployer’s officers,
agents or employees, and also to the personal representatives of such employees where
death results from such injuries and in such action the defendant shall not avail himself
of the following common-law defenses:
The defense of the fellow-servant rule, defense of the assumption of risk, or the
defense of contributory negligence.
But where a personal injury is suffered b y an employee, or when death results to an
employee from personal injuries while in tne em ploy of an employer in the course of
employment, and such employer has paid into the State insurance fund the premium
provided for in this act. and in case such injury has arisen from the willful act of such
employer or from the failure of such employer or any of such em ployer’s officers or
agents to com ply with any municipal ordinance or lawful order of any du ly authorized
officer, or any statute regulating the health, comfort, life, or safety of employees, then
in such event, nothing in this act contained shall affect the civil liability of such
employer but such injured employee or his legal representative, in case death results
from tne injury, may, at his option, either claim compensation under this act or insti
tute proceedings in the courts for his damage on account of such injury, and such
employer shall not be liable for any injury to any employee or to his legal representa
tive, in case death results, except as provided in this act.
Every em ployee or legal representative, in case death results, who accepts an award
from the State Liability Board of Awards, waives his right to exercise his option to
institute proceedings in court. E very employee or his legal representative, in case
death results, who exercises his option to institute proceedings in court, as provided in
section 21-1 waives his right to any award, except as provided in section 36 of this act.
S ec . 22. Where an employer has paid a judgment recovered against him for injuries,
or on account of the death of* an employee, he shall, if he has paid into the State
insurance fund, the premiums provided for in this act to insure m m against liability
for such injuries or death, be reimbursed therefrom to the extent of, bu t in no case to
exceed, the amount provided for in this act, to be paid in case of injury or death, not,
however, in any case, to exceed the amount of such judgment and court costs so paid
b y suqh employer, such reimbursement to be made upon proof of payment of such
judgment, satisfactory to the board and allowed b y it, and payable in the same manner
as benefits or compensation to injured employees or their dependents.
S ec . 23. The board shall disburse and pay from the fund, for such injury, to such
employees, such amounts for medical, nurse and hospital services ana medicines,
as it ma^ deem proper, *not, however, in any case, to exceed the sum of two hundred
dollars, m addition to such award to such employee.
S ec . 24. In case death ensues from the injury reasonable funeral expenses, not to
exceed one hundred and fifty dollars, shall be paid from the fund, in addition to such
award to such employee.
Sec. 25. No benefit shall be allowed for the first week after the injury is received,
except the disbursement provided for in the next two preceding sections.
S ec . 26. In case of temporary or partial disability, the employee shall receive
sixty-six and two-thirds per cent of the impairment of his earning capacity during
the continuance thereof, not to exceed a maximum of twelve dollars per week, and
not less than a minimum of five dollars per week, if the em ployee’s wages were less
than five dollars per week, then he shall receive his full wages; but not to continue
for more than six years from the date of the injury, nor to exceed three thousand four
hundred dollars in amount from that injury.
S ec . 27. In case of permanent total disability the award shall be 66§ per cent of
the average weekly wage, and shall continue until the death of such person so totally
disabled. The award where death results from an injury shall not exceed thirtyfour hundred dollars.
w o r k m e n ' s c o m p e n s a t io n a n d i n s u r a n c e .
169
Sbc. 28. In case the injury causes death the benefits shall be in the amounts and
to the persons following:
1. If there be no dependents, the disbursements from the insurance fund shall be
lim ited to the expense provided for in sections 23 and 24.
2. If there are wholly dependent persons at the time of the death, the payment
shall be sixty-six and two-thirds per cent of the average weekly wage and to continue
for the remainder of the period between the date of the injury and six years there
after, and not to amount to more than a maximum of thirty-four hundred dollars, nor
less than a minimum of one thousand five hundred dollars.
3. If there are partly dependent persons at the time of the death, the payment shall
be sixty-six and two-thirds per cent of the average weekly wage and to continue for
all or such portion of the period of six years after the date of the injury, as the board
in each case may determine, and not to amount to more than a maximum of thirtyfour hundred dollars.
S ec . 29. The benefits, in case of death, shall be paid to such one or more of the
dependents of the decedent, for the benefit of all the dependents, as may be determined
b y the board, which may apportion the benefits among the dependents in such manner
as it may deem just and equitable. Payment to a dependent subsequent in right
may be made, if the board deem proper, and shall operate to discharge all other claims
therefor.
S ec . 30. The dependent or person to whom benefits are paid shall apply the same
to the use of the several beneficiaries thereof according to their respective claims upon
the decedent for support, in compliance with the finding and direction of the board.
S ec . 31. The average weekly wage of the injured person at the time of the injury
shall be taken as the basis upon which to compute the benefits.
Sec. 32. If it is established that the injured employee was of such age and experience
when injured as that under natural conditions his wages would be expected to increase,
Jbhe fact may be considered in arriving at his average weekly wage. .
Sec. 33. The power and jurisdiction of the board over each case shall be continuing,
and it may from time to time make such modification or change with respect to former
findings or orders with respect thereto, as, in its opinion, may be justified.
S ec . 34. The board, under special circumstances, and wnen the same is deemed
advisable, may commute periodical benefits to one or more lump sum payments.
S ec . 35. Benefits before payment shall be exem pt from all claims or creditors and
from any attachment or execution, and shall be paid only to such employees or their
dependents.
S ec . 36. The board shall have full power and authority to hear and determine all
questions within its jurisdiction, and its decision thereon shall be final.
In case the final action of such board denies the right of the claimant to participate
at all in such fund on the ground that the injury was self-inflicted or on the ground
that the accident did not arise in the course of employment, or upon any other ground
going to the basis of the claimant’s right, then the claimant within thirty (30) days
after the notice of the final action of such board may, b y filing his appeal m the com
mon pleas court of the county wherein the injury was inflicted, be entitled to a trial
in the ordinary way, and be entitled to a jury if he demands it. In such a proceeding,
the prosecuting attorney of the county, without additional compensation, shall
represent the State Liability Board of Awards, and he shall be notified b y the clerk
forthwith of the filing of such appeal.
Within thirty days after filing his appeal, the appellant shall file a petition in the
ordinary form against such board as defendant ana further pleadings shall be had in
said cause according to the rules of civil procedure, and the court, or the jury, under
the instructions of the court, if a jury is demanded, shall determine the right of the
claimant; and, if they determine the right in his favor, shall fix his compensation
within the limits and under the rules prescribed in this act; and any final judgment
so obtained shall be paid b y the State Liability Board of Awards out of the State
insurance fund in the same manner as such awards are paid b y such board.
The costs of such proceeding, including a reasonable attorney’s fee to the claimant’s
attorney to be fixed b y the trial judge, shall be taxed against the unsuccessful party.
Either party shall have the right to prosecute error as in the ordinary civil cases.
Sec. 36-1. Such board shall not be bound by the usual common-law or statutory rules
of evidence or by any technical or formal rules of procedure, other than as herein pro
vided; but may make the investigation in such manner as in their judgment, is best
calculated to ascertain the substantial rights of the parties and to carry out justly the
spirit of this act.
S ec . 37. The board may make necessary expenditures to obtain statistical and other
information to establish the classes provided for in section 17. The salaries and com
pensation of the secretary, and all actuaries, accountants, inspectors, examiners,
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BULLETIN OF THE BUREAU OF LABOR.
experts, clerks and other assistants, and all other expenses of the board herein author
ized including the premium to be paid b y the State treasurer for the bond to be fur
nished b y him, shall be paid out of the State insurance fund upon vouchers, signed by
two of the members of such board, presented to the auditor of State, who shall issue
his warrant therefor as in other cases.
Sec. 38. No provision of this act relating to the amount of compensation shall be
considered by, or called to the attention of the jury on the trial of any action to recover
damages as herein provided.
Sec. 39. Annually on or before the 15th day of November, such board, under the
oath of at least two of its members, shall make a report to the governor which shall
include a statement of the number of awards made by it, and a general statement of
the causes of the accidents leading to the injuries for which the awards were made, a
detailed statement of the disbursement from the expense fund, and the condition of
its respective funds, together with any other matters which such board deems it proper
to call to the attention of the governor, including any recommendations it may have to
make.
Sec. 40. The expense of such board in carrying out the provisions of this act shall
be paid until January 1 , 1912, out of the general revenue of the State not otherwise
appropriated. Such expense shall not exceed twenty-five thousand dollars in addi
tion to the salaries of members of such board.
w o r k m e n ' s c o m p e n s a t io n a n d in s u r a n c e .
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BILLS DRAFTED BT ASSOCIATIONS.
DRAFT OF BILL B T T H E AMERICAN FEDERATION OF LABOR.
S ection 1. If in any employm ent to which this act applies personal injury or death
b y accident, arising out of and in the course of the employment, is caused to any
employee, the employee so injured, or in case of death, the members of his family, as
hereinafter defined shall be entitled to receive from his employer, and the said em
ployer shall be liable to pay, the compensation provided for in this act. This act shall
apply to every employee, who shall, at the time of his accident be engaged in em ploy
ment on, in or about any railway, street railway, factory, (including any premises
where steam, water or other mechanical power is used in aid of any manufacturing or
other process for gain, or on which explosives or inflammables are made or used), mine,
quarry, or any engineering, building or construction work in the State o f ----------. The
employers to whom this act shall apply shall be any person or persons, association,
partnership or corporation carrying on any such industry as aforesaid. Save as herein
provided no such employer shall be liable for any injury or death for which com
pensation is recoverable under, this act.
Sec. 2. The employer shall not be liable under this act in respect of any injury
which does not disable the em ployee for a period of at least two weeks from earning
full wages at the work at which he was employed, except for medical fee, as hereinafter
provided, but for that period shall remain liable as though this act had not been passed.
Sec. 3. When the injury or death was approximately caused by (a) the criminal
act or omission or (b) the negligence (including thereunder negligence in choice of
servants but excluding the negligence of competent servants and their negligence in
performance of employer’s duties dele*gated to them) of the employer, committed
or omitted by him individually if the employer be a natural person^ or b y any of its
officers individually if the employer be a corporation, or by any of its p a rtn ers indi
vidually if the employer be a copartnership, or b y any member of the association
individually if the employer be an association, the liability independent of this act of
(such employer) shall not be affected by this act; but in sucn case the injured employee
or in case o f death the members of his family as herein defined, may elect between
claiming compensation under this act, or pursuing any remedy which was available
before the passage of this act.
Sec. 4. If it is proved that injury or death results from the deliberate intention of
the employee to produce such result, or his willful failure to use a protection against
accident required b y statute and provided for him, or solely *by his deliberate breach
of statutory regulations affecting safety of life or limb, or b y reason of his intoxication,
any compensation claimed b y him under this act shall be disallowed.
S ec . 5. A n y employer who would be liable under this act to employees if directly
em ployed b y him, shall be liable hereunder to the employees of independent con
tractors for accidents occurring to them in the course of any work undertaken b y such
employer, or for the purposes of his business, on or in or about the premises or places
under his control or management. Such liability shall be to pay such compensation
as would be payable, if the em ployee has been directly em ployed b y him, but at the
wages he was actually receiving. A n y employer who shall have paid compensation
under this act for any accident, or any independent contractor who has indemnified
himself, shall be subrogated to all the rights of recovery therefor of the person or
persons to whom such compensation shall have been paid. An em ployee may, how
ever, if he so elects, proceed against, or recover compensation directly from, any other
person liable for his accident instead of from the employer.
Sec. 6. Proceedings for the recovery of compensation under this act shall not be
maintainable, unless written notice of the accident, stating the time, place and cause
thereof, and the name and address of the person injured has been given within thirty
days after the happening of the accident, and unless claim for compensation has been
made within six months from the occurrence of the accident, or in case death results
therefrom, within six months from the time of death: Provided, always, That the want
of, or any defect in such notice shall not be a bar, if the employer is not thereby pre
judiced, or if such want or defect was occasioned b y mistake or other reasonable cause.
The failure to make a claim within the period above specified shall not b e a bar, if
such failure was occasioned b y physical or mental incapacity or other reasonable
cause. Such notice shall be delivered to or sent b y registered letter addressed to the
employer at his office, place of business or last known residence.
Sec. 7. There shall be selected by every employer subject to this act one or more
doctors who shall be approved by the commission of arbitration and award, herein
after constituted, and referred to as the commission, and it shall be the duty of such
doctors to report forthwith to the commission every accident under this act, and also
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BULLETIN OF THE BUREAU OF LABOR.
whenever practicable, to render preliminary medieal attention to the injured, and
they shall be paid b y the employer a fee of one dollar for such service in each case.
The amount of compensation payable under this act shall be:
(a) Where death results from the injury:
(1) If the em ployee leaves any dependents, who at the time of the accident were
wholly dependent upon his earnings, a sum equal to his earnings in the employment
of the same employer during the three years next preceding the injury, or the sum of
one thousand dollars, whichever of these sums is the larger, but not exceeding in
any case five thousand dollars: Provided, That the amount of any weekly payments
made under this act shall be deducted from such sum; and if the period of the em
ployee’s employment b y the same employer has been less than the said three years,
then the amount of his earnings during the said three years shall be deemed to be
nine hundred and thirty-six times his average daily earnings during the period of
his actual employment under the same employer.
(2) If the em ployee leaves only dependents who at the time of the accident were
partly dependent upon his earnings such sum not exceeding in any case the amount
payable under the foregoing provisions of this section as may be agreed upon, or,
in default of agreement, may be determined on arbitration under this act.
(3) If the em ployee leaves no dependents who at the time of the accident were
dependent the reasonable burial and medical expenses, not exceeding in all two
hundred dollars.
(b) Where total or partial incapacity results from the injury:
A weekly payment during the incapacity after the second week, not exceeding
ofte-half of his average weekly earnings in such employment during the previous
twelve months if he has been so long employed, but, if not, then for any less period
during which he has been in the employment of the same employer. If, however,
the employee is a minor whose average weekly earnings are less than ten dollars,
his compensation shall be a payment not exceeding his full average earnings. Such
weekly payments shall not in any case exceed fifteen dollars, and it shall not extend
over a period exceeding ten years, unless the injured w ill thereafter be permanently
totally disabled from engaging in any work or occupation for wages.
Sec. 8. A ll death payments under this act shall be paid into court where the acci
dent happens, and also any payments to persons under legal disability if the court
on application to it so directs. A n y question as to who is a dependent and the amount
payable to each dependent shall be decided b y the said court, if not settled before
such payment into court.
The receipt of the court shall be a sufficient discharge for any amount paid in and
it shall be apportioned and distributed for the benefit of the persons entitled thereto
in such manner as the court may think best: Provided, That the court may thereafter
on application to it, vary any of its previous orders or apportionments.
The courts referred to in this act shall be the probate.
Sec. 9. The commission shall make regulations under which an employee injured
shall; if so requested b y the employer, submit himself for examination b y a duly
qualified doctor furnished and paid b y the employer as soon as practicable after his
injury, and also from time to time during the receipt b y him of any weekly payments
hereunder. A copy of the report of the employer’s doctor shall be furnished to the
employee, or if no such exammation be made, then the employee shall be examined
by his own doctor and furnish a report thereof to his employer. Such reports shall
be furnished within six days after the examination. If a dispute then exists as to
the em ployee’s condition, or as to whether or to what extent the incapacity is due
to the accident, such regulations shall provide for the examination of the employee
by a medical referee on an order to that effect being given b y the court hereinafter
specified, and the payment of a fee not exceeding five dollars, to be taxed b y said
court. The certificate of the medical referee shall be conclusive evidence of the
matters so certified. If the employee refuses to submit himsejf to such examinations,
or in any way obstructs the same, his right to take compensation and to take or to
prosecute any proceeding under this act in relation to compensation may be suspended,
and his compensation during such period of suspension shall be forfeited until such
examination has been made.
Sec. 10. Any weekly payment may be reviewed at the request either of the.em
ployer, or of the employee, and on such review may be ended, diminished or increased,
subject to the maximum provided above: Provided, That where the employee was at
the date of the accident under twenty-one years of age, and the review takes place
more than twelve months after the accident, the amount may be increased, to any
amount, not exceeding fifty per cent of the weekly sum the employee would probably
have been earning at the date of the review if he had remained uninjured, but not
in any case exceeding ten dollars.
w o r k m e n ’ s c o m p e n s a t io n a n d i n s u r a n c e ,
173
Sec. 11. Where any weekly payment has been continued for not less than six
months, the liability therefor may on application b y or on behalf of the employer or
employee, respectively, be redeemed b y payment of a lump sum, but if the incapacity
is permanent or total, the sum shall not exceed the purchase price of an annuity
yielding seventy-five per cent of the w eekly payments calculated under the American
Experience Table of Mortality at four per cent per annum.
Sec. 12. If an employee receiving a weekly payment ceases to reside in the United
States, he shall thereupon cease to be entitled to receive any weekly payment.
Sec. 13. In default of agreement between the parties interested, the following
questions shall be settled b y arbitration under this act, subject to judicial procedure
as hereinafter provided: A ll questions as to the employer’s liability to pay compensa
tion and the amount payable, and as to the duration, review or redemption b y a
lump sum of any weekly payment; any question as to whether the employee is one
to whom the act applies, and whether he has dependents, and if so the amounts
payable to them; all questions as to the liability of an independent contractor, and
of any third party b y consent, under section five.
Arbitration proceedings shall be as follows:
First. The employer and his employees may choose a committee, whose unanimous
adjudication of a matter within three months shall be final and binding on both
parties, unless either objects in writing before it is considered.
Second. On failure of such unanimous adjudication the matter shall be investigated
and settled b y a single arbitrator agreed on b y the parties, and in the absence of such
agreement a statement of the facts shall be filed in court in such form as may be
prescribed b v the rules of said court, and unless within thirty days thereafter a written
application for a jury trial is also filed, a jury trial shall be deemed to have been
waived, and the matter shall then be determined b y the judge of the said court, or
b y a referee appointed b y the said court under such procedure as may be prescribed
b y rules of court, and such referee shall for the purposes of this act have full power
to procure witnesses and all evidence which he may regard as necessary to his decision,
ana his fees shall be fixed b y the commission
of the appropriation for
this act. Said court may compel the attendan
es and the production of
evidence before said referee in the same manner and under the same penalties as
apply to the attendance of witnesses and the production of evidence before said
court.
A n y question of law may be submitted for the opinion of the State’s attorney for
the jurisdiction where the accident happens b y any committee, arbitrator or referee,
and an appeal shall lie from them to such judge, on a question of law only, and his
decision shall be final. Unless reversed on appeal taken in accordance with appellate
practice of the courts of the State.
The services of a m edical referee may be utilized in all arbitration proceedings
under regulations made b y the commission.
The cost of arbitration proceedings shall be in the discretion of the committee, the
arbitrator or the referee, respectively; they shall not exceed, however, the taxable
costs for similar services allowed b y the rules of court for
Sec. 14. Any sum awarded as compensation under this act shall be paid on receipt
of the person to whom it is payable under any agreement or award; and in case of
the death of the person injured the same shall be payable, as the court may deter
mine, to the members of his family dependent upon the injured at the time of his
injury, namely, the widow or husband as the case may be, and the children, or if
no widow or husband or children, the parents or grandparents, or if no parents or
grandparents, the grandchildren, of if no grandchildren, the brothers and sisters.
Sec. 15. All proceedings for compensation under this act shall take place in the
judicial district where all the parties reside, unless otherwise prescribed b y order or
regulation of the commission.
Sec. 16. Whenever the amount of compensation under this act has been ascer
tained, or any weekly payment Varied, or redeemed, or any other matter decided,
b y any referee, committee or arbitrator, or b y agreement, a memorandum thereof,
shall be sent b y said referee, committee, or arbitrator, or b y any party interested, to
the clerk of the said court in the jurisdiction in which such decision was rendered,
in the form and manner prescribed b y such court. The said clerk shall forthwith
send notice thereof to the parties interested, and shall seven days after the sending
of such notice file such memorandum and register it without fee as the judgment of
said court. Such memorandum shall thereafter for all purposes have the same force
and effect as the judgment of said court: Provided, That the judge may at any time,
on evidence proving to his satisfaction that any agreement as to the redemption oi
a weekly payment b y a lum p sum, or as to the amount of compensation payable to a
person under legal disability, or to dependents, was inadequate, or was obtained by
85048°—Bull. 92—11-----12
174
BULLETIN OF THE BUREAU OF LABOR.
fraud or undue influence or other improper means, order that the memorandum be
not recorded, and if recorded, he may order the record to be erased within six months
after it has been so recorded, and he may hear such evidence, take such proceedings,
and make such order as w ill effectuate the purpose of this act.
Sec. 17. An agreement as to the redemption of a weekly payment by a lump sum,
or as to the amount of compensation to be paid to a person under a legal disability
or to dependents, if not registered in accordance with this act, shall not, nor shall
any payment under such agreement, exempt the person by whom the compensation
is payable, from liability to pay compensation, unless he prove that the failure to
register was not due to any neglect or default on his part.
Sec. 18. The fees of any attorney or other representative of the person to whom
any payment is made under this act shall be determined b y the commission.
Sec. 19. No payment under this act shall be assigned or subject to attachment or
liable in any way for any debts.
Sec. 20. If any employer becomes bankrupt or insolvent and has any insurance
against his liability under this act to any employee killed or injured, such employee,
or his beneficiaries hereunder shall thereupon be subrogated to such employer’s
rights and remedies therefor under such insurance; and if the employer has no such
insurance, or such insurance is insufficient, any amount then due such employees
or such beneficiaries shall have priority over all other claims against the bankrupt
or insolvent estate.
Sec. 21. If the commission certifies in writing that any scheme of compensation,
benefit, or insurance provides scales of compensation not less favorable to the employees
and their dependents specified in this act than the corresponding scales contained in
this act, or is on the whole not less favorable to such employees and their dependents
than are the provisions of this act and that where the scheme provides for contribution
b y the employees, the scheme confers benefits at least equivalent to those contribu
tions in addition to the benefits, or the equivalent thereof under this act, the employer
may agree with any of his employees that the provisions of the scheme shall be sub
stituted for the provisions of this act, and thereupon the employer shall be liable only
in accordance with the scheme, but save as aforesaid this act shall apply, notwithstand
ing any contract to the contrary made after the passage of this act. No scheme shall
be certified w hich contains an obligation upon the employees to agree to it as a con
dition of their hiring, or which does not contain provisions enabling an employee to
withdraw from the scheme. Such agreement or withdrawal shall be in writing and
signed b y the employee. If the commission shall at any time find that the scheme
no longer fulfills the requirements of this section, or other reasonable cause exists for
so doing, they shall revoke the certificate. When a certificate is revoked or expires
any moneys or securities held for the purpose of the scheme shall, after due provision
has been made to discharge the liabilities already accrued, be distributed as may be
arranged between the employer and his employees, or as may be determined b y the
commission in the event of a difference of opinion.
The commission may make regulations for the purpose of carrying this section into
effect.
Sec. 22. Nothing in this act shall effect any proceeding for the recovery of penalties
under safety appliance and other enactments relating to the safety of employees,
except that hereafter, in the discretion of the judge before whom the penalty is
enforced, such penalties shall be payable in whole or m part to any employees injured
as a direct result of the absence of the appliance for which such proceedings were
brought, or for the benefit of the family of any employee killed.
Sec. 23. There is hereby created for the purposes of this act a commission of arbi
tration and award, which shall be composed of three commissioners, who shall be
appointed b y the governor b y and with the advice and consent of the senate. The
commissioners first appointed under this act for the purpose thereof shall continue
in office for the term of two, four and six years, respectively, from the first day of July,
1910; the terms of each to be designated b y the governor; but their successors shall
be appointed for terms of six years, except that any person chosen to fill a vacancy
shall be appointed only for the unexpired time of the commissioner whom he shall
succeed. A ny commissioner may be removed b y the governor for inefficiency, neg
lect of duty, or malfeasance in office. Not more than two of the commissioners shall
be appointed for [from] the same political party. No vacancy in the commission hhall
impair the right of the remaining commissioners to exercise all the powers of the
commission.
The commission is hereby authorized to exercise any and all lawful powers necessary
to perform the duties imposed upon it b y this act, and to make all such rules ana
regulations not otherwise provided for as they may consider necessary to carry into
effect the purposes thereof.
w o r k m e n ’ s c o m p e n s a t io n a n d in s u r a n c e .
175
The commission shall have full power, and authority to investigate accidents to
which this act applies, to administer oaths, and require the attendance and testimony
of witnesses and the production of any evidence, relating to such accidents and to
em ploy agents who shall have like power or authority. It shall be the duty of the
commission to include in its annual report a list of all accidents and a full report in
detail of each accident investigated, to require from employers at stated intervals
returns showing amounts of compensation paid, to ascertain the means adopted for
the prevention and treatment of accidents to employees covered b y this act, and to
make recommendations relative thereto, and to appoint such properly qualified
m edical practitioners as are necessary, to be medical referees for the purposes of this
act, to remove them, and to determine their fees.
Sec. 24. This act shall not apply to accidents happening to seamen em ployed on
vessels of the United States engaged in navigation.
TEN TATIVE DRAFT OF A BILL BY TH E NATIONAL CIVIC FEDERATION.
Section 1. If, in any employm ent to w hich this act applies, personal injury b y
accident arising out of and in the course of the employm ent is caused to a workman,
his employer shall, subject as hereinafter mentioned, be liable to pay compensation
to the workman in accordance with this act. Save as herein provided no such
employer shall be liable for any injury for which compensation is recoverable under
this act:
Provided, That:*
(a) The employer shall not be liable under this act in respect of any injury which
does not disable the workman for a period of at least two weeks from earning full wages
at the work at w hich he is employed.
(b) If it is proved that the injury to the workman results from his deliberate inten
tion to cause such an injury, or from his willful failure to use a guard or protection
against accident required pursuant to any statute and provided for him, or solely from
his deliberate breach of statutory regulations affecting safety of life or lim b, or from
his intoxication, any compensation in respect of that injury shall be disallowed.
Sec. 2. Where the injury was proximately caused b y the individual (personal)
negligence either of commission or omission of the employer, (including such negli
gence of the directors or of any officer if such employer is a corporation, or of any of
the partners if such employer is a partnership, or of any member if such employer is
an association, but excluding the negligence of competent employees in the per
formance of their duties or of the em ployer’s duty delegated to them), the existing
liability of the employer shall not be affected b y this act, but in such case the injured
workman, or if death results from such injury, his dependents as herein defined if
they unanimously agree, otherwise (his legal representative, (with the approval of the
probate court), may elect between any right of action against the employer upon
such liabilty and the right to compensation under this act.
Sec. 3. Nothing in this act shall affect the liability of the employer to a fine or
penalty under any other statute.
Sec. 4. (a) Where any person (in this section referred to as the principal) under
takes to execute any work which is part of his trade or business or which he has con
tracted to perform and contracts with any other person (in this section referred to as
the contractor) for the execution b y or under the contractor of the whole or any part
of the work undertaken b y the principal, the principal shall be liable to pay to any
workman employed in the execution of the work any compensation under this act
w hich he would have been liable to pay if that workman had been immediately
em ployed b y him; and where compensation is claimed from or proceedings are taken
against the principal, then, in the application of this act, references to the principal
shall be substituted for references to the employer, except that the amount of com
pensation shall be calculated w ith reference to the earnings of the workman under
the em ployer b y whom he is immediately employed:
(b) Where the principal is liable to pay compensation under this section, he shall
be entitled to indemnity from any person who would have been liable to pay compen
sation to the workman independently of this section, and shall have a cause of action
therefor.
(c) Nothing in this section shall be construed as preventing a workman from recover
ing compensation under this act from the contractor instead of the principal.
(d) This section shall not apply in any case where the accident occurred elsewhere
than on, or in, or about premises on which the principal has undertaken to execute
work or which are otherwise under his control or management.
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BULLETIN OF THE BUREAU OF LABOR.
(It is suggested that provisions be added to this section as follows:
(e) Giving an injured workman a lien on the money due and unpaid on the contract.
(f) Giving expressly to the principal contractor who pays compensation voluntarily
to a workman of a subcontractor the right to recover over against the subcontractor.
(g) Giving to a principal contractor when sued b y a workman of a subcontractor a
right to call m the subcontractor as codefendant.)
S ec. 5. Where the injury for which compensation is payable under this act was
caused under circumstances creating a legal liability in some person other than the
employer to pay damages in respect thereof—
(a) The workman may take proceedings both against that person to recover damages
and against any person liable to pay compensation under this act for such compensa
tion, but shall not be entitled to recover both damages and compensation; and
(b) If the workman has recovered compensation under this act, the person b y whom
the compensation was paid, or any person who has been called on to indem nify him
under the section of this act relating to subcontracting, shall be entitled to indemnity
from the person so liable to pay damages as aforesaid, and shall be subrogated to the
rights of the workman to recover damages therefor.
S ec. 6. This act shall apply only to employment in the course of the em ployer’s
trade or business on, in, or about a railway, factory, mine or quarry, electric, building
or engineering work, or in certain other hazardous employments, as hereinafter defined.
And it shall not apply in any case where the accident occurred or the contract of
employm ent was made before this act takes effect.
S ec . 7. In this act, unless the context otherwise requires:
(a) “ R ailw ay” means (all kinds of railways, including private railways, logging
roads, etc., excluding only horse-car roads); and “ employment on railways ” (includes
work in depots, power houses, roundhouses, and other appurtenances, and in private
yards, switches, etc., and work on railways for express companies). (Lim it to intra
state commerce.)
(b) “ F actory” means any premises wherein (mechanical) power is used in manu
facturing, making, altering, adapting, ornamenting, finishing, repairing or renovating
any article or articles for the purposes of trade or gain or of the business carried on
therein, (including expressly any laundry or bakery whatsoever wherein power ma
chinery is used); and includes also any shipyard, marble cutters’ and polishers’ yard,
brickyard, meat packing house, foundry, forge, smelter, blast furnace, coke-burning
plant, lime-burning plant, phosphate works, steam-heating plant, electric-lighting
plant, electric-power plant and water-power plant; and any premises where ice is
harvested and stored, or wherein a process requiring the use of any dangerous explo
sive or extra-hazardous inflammable material is earned on, which is conducted for the
purpose of business, trade or gain.
A workman employed in a factory which is a shipbuilding yard shall not be excluded
from the benefit of this act b y reason only that the accident occurred outside the yard,
in the course of his work upon a vessel in any dock, pier or tidal water near the yard.
(e)
“ Mine ” means any (opening in the earth) for the purpose of extracting any min
eral or minerals, and all underground workings, slopes, shafts, galleries and tunnels,
and other ways, cuts and openings connected therewith, including those in the course
of being opened, sunk or driven; and includes also the appurtenant structures at or
about the openings of a mine and any adjoining (adjacent) work place where the mate
rial from a mine is prepared for use or shipment.
(d) “ Quarry” means any place, not a mine, (including a bank or pit) where stone,
slate, clay, sand, gravel or other solid material is dug or otherwise extracted from the
earth or ground for the purposes of trade or barter or of the employer’ s trade or business.
(e) “ Electrical w ork” means any kind of work in or directly connected with the
construction, installation, operation, alteration, removal or repair of wires, cables,
switchboards or apparatus charged with electric currents.
(f) “ Building w ork” means any work (in any of “ the building trades” ) in the erec
tion, construction, extension, decoration, alteration, repair or demolition of any build
ing (or structural appurtenance).
(g) “ Engineering w ork” means any work in the construction, alteration, extension,
repair or demolition of a railway (as hereinbefore defined but including also a horsecar railway,) bridge, harbor, jetty, dike, breakwater, dam, pier, dock, (including drydock and floating dock), reservoir, canal, aqueduct, tunnel, underground conduit,
sewer, well, oil tank, gas tank, water tower or waterworks (including connected stand
pipes or mains), any caisson work or work in artificially compressed air, any work in dredg
ing, pile driving, asphalt paving (or o t h e r paving with molten material), moving build
ings, moving safes, or in laying, repairing or removing underground gas pipes and con
nections, or m millwrighting or the erection, installing, repairing or removing of boilers,
furnaces, engines and power machinery (including belting and other connections), and
WORKMEN S COMPENSATION AND INSURANCE.
177
any work in grading or excavating where shoring is necessary or power machinery or
blasting powder, dynamite or other high explosive is in use (excluding mining and
quarrying).
(h) The 4‘ other hazardous employm ents” to which this act applies mean any work
in a general or terminal warehouse, in a grain elevator, in a malt house, in a coal yard,
in a lumberyard, in a stockyard, in a building-material yard, as a shipwright or rigger,
or in loading or unloading the cargo of any vessel at dock in a port of this State.
(i) “ E m ployer” includes any bod y of persons, corporate or unincorporated, and the
(legal representative) of a deceased employer.
(]) “ Workman ” means any person who has entered into the employment of or works
under contract of service or apprenticeship with an employer; bu t does not include a
person (whose employment is of a casual nature or) who is employed otherwise than
for the purpose of the employer’s trade or business. A ny reference to a workman who
has been injured, shall, where the workman is dead, include a reference to (his de
pendents, as hereinafter defined, or to his legal representative) or, where he is a minor
or incompetent, to his committee or guardian.
(k) “ Dependents” mean such members of the workman’s family as were w holly or
in part dependent upon the workman at the time of the accident. A nd “ members of
a family ” for the purposes of this act mean only widow or husband, as the case may
be, and children; or if no widow, husband or children, then parents and grandparents;
or if no parents or grandparents, then grandchildren; or if no grandchildren, then
brothers and sisters. In the meaning of this section parents include step-parents,
children and grandchildren include step-children and step-grandchildren, ana broth
ers and sisters include stepbrothers and stepsisters.
(l) “ A ccid en t” and “ in ju ry” in this act mean only such an accident and injury as
cause the injured workman to b e absent at least five consecutive hours or an entire
half-day’s time from his work; and “ in ju ry” includes an injury resulting in death.
S ec. 8. In case an injured workman is mentally incompetent or a minor, (or where
death results from the injury, in case any of his dependents as herein defined is men
tally incompetent or a minor), at the time when any right, privilege or election accrues
to him under this act, his committee or guardian may, m his behalf, claim and exercise
such right, privilege or election; and no limitation of time, in this act provided for,
shall run, so long as such incompetent or minor has no committee or guardian.
S ec . 9. Saving clause. (Deemed inadvisable.)
S ec. 10. The amount of compensation under this act shall be—
(a) Where death results from the injury—
(1) If the workman leaves any dependents wholly dependent upon his earnings, a
sum equal to his earnings in the employment of the same employer during the three
years next preceding the injury, but not exceeding in any case ($3,000): Provided,
That the amount of any weekly payments made under this act shall be deducted from
such sum; and, if the period of the workman’s employment b y the said employer has
been less than the said three years, then the amount of his earnings during the said
three years shall be deemed to be 156 times his average weekly earnings during the
period of his actual employment under said employer: A nd provided, however, That if
the workman does not leave any dependents, residing at the time of the accident in
the United States or the Dominion of Canada, the amount of compensation shall not
exceed in any case ($1,000).
(2) If the workman does not leave any such dependents, but leaves any dependents
in part dependent upon his earnings, such proportion of the amount payable under the
foregoing provisions of this section, as may be agreed upon or determined to be pro
portionate to the injury to the said dependents; and
(3) If he leaves no dependents, the reasonable expense of his medical attendance
and burial, not exceeding ($100).
(b) Where total or partial incapacity for work results from the injury, a weekly
payment during the incapacity, commencing at the end of the second week, equal to,
m the case of total incapacity, and not exceeding, in the case of partial incapacity,
50 per cent of Ms average weekly earnings during the previous twelve months, i f he has
been so long employed, but if not, then for any less period during wM ch he has been
in the employment of the same employer: Provided, however, That if the workman is
under twenty-one years of age at the date of the accident and his average w eekly
earnings are less than $10, his compensation shall be a weekly payment not exceeding
his full average earnings:
Provided further, however, That:
No such weekly payment shall exceed ($10).
No such weekly payment shall extend over a period exceeding (10) years, nor
continue after the workman has reached the age of (60) years, unless at the date of the
injury he was over (55) years of age, in which case it may continue'for a period of (5)
years after such date.
S
178
BULLETIN OF THE BUREAU OF LABOR.
Sec. 11. For the purposes of the provisions of this article relating to “ earnings”
and “ average weekly earnings” of a workman, the following rules shall be observed:
(a) “ Average weekly earnings” shall be computed in such manner as is best calcu
lated to give the average rate per week at which the workman was being remunerated:
Provided, That where b y reason of the shortness of the time during which the work
man has been in the employment of his employer, or the casual nature or the terms of
the employment, it is impracticable to compute the rate of remuneration, regard may
be had to the average weekly 'amount which, during the twelve months previous to
the accident, was being earned b y a person in the same grade employed at the same
work b y the same employer, or, if there is no person so employed, b y a person in the
same grade employed in the same class of employment and in the same district;
(b ) Where the workman had entered into concurrent contracts of service with two
or more employers under which he worked at one time for one such employer and at
another time for another such employer, his “ earnings” and his “ average weekly
earnings” shall be computed as if his earnings under all such contracts were earnings
in the employment of the employer for whom he was working at the time of
the accident;
(c) Em ployment b y the same employer shall be taken to mean employment b y the
same employer in the grade in which the workman was employed at the time of the
accident, uninterrupted b y his absence from work due to illness or any other unavoid
able cause:
(d) Where the employer has been accustomed to pay to the workman a sum to
cover any special expenses entailed on him b y the nature of his employment, the
sum so paid shall not be reckoned as part of the earnings.
(e) In fixing the amount of the weekly payment, allowance shall be made for any
payment or benefit which the workman may receive from the employer during the
period of his incapacity.
(f) In the case of partial incapacity fhe weekly payment shall be computed to
equal, as closely as possible, 50 per cent of the difference between the amount of the
“ average weekly earnings” of the workman before the accident, to be computed as
herein provided, and the average weekly amount which he is most probably able to
earn in some suitable employment or business after the accident, subject, however, to
the limitations hereinbefore provided.
Sec. 12. The (commissioner of labor) shall prescribe reasonable regulations govern
ing the time, place, and manner in which weekly payments shall be made within this
State, having regard to the security and convenience of the employer and the welfare
of the workman; but a (justice of th e --------- court), upon the application of either party,
may modify such regulations in a particular case, as to him may seem just. If a work
man receiving a weekly payment cease to reside in the State (or in his residence at
the time of the accident in an adjoining State) his right to weekly payments shall
cease; but he shall be entitled to receive monthly or quarterly as may b e agreed upon
or as th e ----------court, upon application, having regard to the welfare of the workman
and the convenience of the employer, may determine, the sum of the weekly pay
ments accruing during the preceding month or quarter, so long as he proves in such
manner and at such intervals as may be prescribed b y the rules of the court, his
identity and the continuance of the incapacity in respect of which the weekly pay
ment is payable.
S ec. 13. Where death results from the injury and the dependents of the deceased
workman, as herein defined, have agreed to accept compensation, and the amount of
such compensation and the apportionment thereof between them has been agreed to
or otherwise determined, the employer may pay such compensation to them accord
ingly (or to an administrator if one be appointed), and thereupon be discharged from
all further liability for the injury. Where only the apportionment of the agreed
compensation between the dependents is not agreed to, the employer may pay the
amount into (court), or to (the administrator) of the deceased workman, with the
same effect. Where the compensation has been so paid into (court) or to an (adminis
trator), (the proper probate court), upon the petition of such (administrator) or of any
of such dependents, and upon such notice and proof as its rules may provide, shall
determine (and decree) the distribution thereoi among such dependents. (Where
there are no dependents, medical and funeral expenses may be paid and distributed in
like manner).
S ec. 14. (Persons entitled to compensation to be given the highest practicable
preference m case of insolvency of employer. The right to compensation to be
unassignable and to be given the broadest exemptions from attachment, execution,
etc.; bu t to be extinguished b y the death of the person entitled thereto).
S ec. 15. (Employers affected b y this act to report annually to the commissioner of
labor such reasonable particulars in regard thereto as he may require, including par
w o r k m e n ’ s c o m p e n s a t io n a n d in s u r a n c e .
179
ticulars as to all releases of liability under this act and any other law. The penalty
for failure to report or for false report might be to invalidate the settlement.)
S ec . 16. A n injured workman shall submit himself to examination b y a du ly quali
fied medical practitioner provided and paid b y the employer, as soon after the accident
as demanded, and from time to time thereafter during the pendency of his claim for
compensation or during the receipt b y him of payments under this act; but he shall
not b e required to so submit himself otherwise than in accordance with regulations
made b y (the commissioner of labor), nor at more frequent intervals than prescribed
b y those regulations.
It shall be the duty of the employer to cause such an examination to be made of the
injured workman immediately after the accident, and to serve a copy of the report b y
his m edical practitioner of such examination upon the workman within six days after
the accident. If no such examination be made and report furnished b y the employer
within that time, the workman shall be examined b y his own m edical practitioner,
and shall furnish a report thereof b y his m edical practitioner to the employer, for
which he shall be entitled to recover ($1) from the employer, which amount may be
added to the compensation. Upon the receipt b y either party of such a report from
the other party, tne party receiving it, if he disputes such report or any statement
therein, shall notify the other party of that fact within six days, otherwise such report
shall be prima facie evidence of the facts therein stated in any subsequent proceedings
under this act.
If thereafter a dispute exists as to the condition of the workman, th e ----------court,
upon application of either party, shall order an examination of the workman to be
made b y a medical examiner appointed b y it. The fees of such examiner shall be
fixed b y the court at not to exceed ($10), and shall be paid in advance b y the appli
cant. Such m edical examiner shall report his conclusions from such examination,
in duplicate, to each party, and such report shall be prima facie evidence of the facts
therein stated in any subsequent proceedings under this act.
S ec . 17. If an arbitrator has been selected or appointed pursuant to the provisions
of this act, the workman shall submit himself for examination b y such arbitrator or b y
a medical practitioner selected b y him, whenever, wherever and under such conditions
as such arbitrator in the exercise of a reasonable discretion may order.
S ec . 18. If the workman refuses to submit himself to an examination hereinbefore
provided for or in any wise obstructs the same, his right to compensation and to take
or prosecute any further proceedings under this act shall be suspended until such
examination take place. And, when a right to compensation is suspended, no com
pensation shall be payable in respect of the period of suspension.
S ec . 19. Proceedings for the recovery of compensation under this act shall not be
maintainable, unless written notice of the accident, stating the time, place and
particulars thereof, and the name and address of the person injured, has been given
within (7) days after the accident; and unless a claim for compensation has been
made within six months after the accident, or, in case of death, within six months
from the date of death. (Such notice shall be delivered b y registered letter. The
want of or any defect in such notice or in its service shall not be a bar unless the
employer proves that he has in fact been thereby prejudiced, or if such want or defect
was occasioned b y mistake, physical or mental incapacity or other reasonable cause.
And the failure to make a claim within the period above specified shall not be a bar,
if such failure was occasioned b y mistake, physical or mental incapacity or other
reasonable cause).
S ec . 20. Compensation due under this act may be settled b y agreement. Every
such agreement, other than a release, shall be in the form hereinafter provided.
S ec. 21. If compensation be not so settled b y agreement:
*
(a) If any committee, representative of the employer and the workman exists,
organized for the purpose of settling disputes under this act, the matter shall, unless
either party objects b y notice in writing delivered or sent b y registered mail to the
other party (before the committee meets to consider the matter), be settled (in accord
ance with its rules) b y such committee or b y an arbitrator selected b y it.
(b ) If either party so objects, or there is no such committee, or the committee or
the arbitrator to whom it refers the matter fails to settle it within ninety days from
the date of the claim, the matter may be settled b y a single arbitrator agreed on b y
the parties or selected b y any person or persons or judge of court agreed on b y the
parties. The consent to arbitration shall be in writing and signed b y the parties, and
may lim it the fees of the arbitrator and the time within which the award must be
made. And unless such consent expressly refers other questions, on ly the question
of the amount of compensation shall be deemed to be in issue.
S ec. 22. (The arbitrator shall not be bound b y any technical rules as to procedure
or evidence, but shall give the parties reasonable opportunity to be heard and act
180
BULLETIN OP THE BUREAU OP LABOR.
reasonably and without partiality. He shall make and file his award, with the con
sent to arbitration attached, in the proper county clerk’s office, within the time
lim ited in the consent, or if no time lim it is fixed therein, within ninety days after
his selection, and shall give notice of such filing to the parties b y mail.)
Sec. 23. Unless the arbitrator’s fees be fixed by the consent to arbitration or be
agreed to by the parties before the arbitration they shall be taxed by a justice of the
----------court, upon notice, (at not to exceed $--------per day and disbursements or in
any event $25 in all)* The arbitrator shall apportion the cost of such fees in his
discretion between the employer and workman (but not more than two-thirds against
either one), and shall add the amount apportioned against the employer to the first
payment to be made under the award. And he shall note the amount of his fees on
the award, and shall have a lien therefor on the first payments due under the award.
S ec . 24. Every agreement for compensation and every award shall be in writing,
signed and acknowledged b y the parties or b y the arbitrator or secretary of the com
mittee hereinbefore referred to, and shall specify the amount due and unpaid b y
the employer to the workman up to the date of the agreement or award, and, if any,
the amount of the w eekly payments thereafter to be paid b y the employer to the work
man, and the length of time such w eekly payments shall continue.
S ec . 25. It shall be the duty of the employer to file or cause to be filed ev eiy release
of liability hereunder, every agreement for or award of compensation, or modifying an
agreement for or award of compensation, under this act (if not filed b y the committee
or arbitrator), to which he is a party, (or a sworn copy thereof), in the (county clerk’ s
office of the county in which the accident occurred), within (60) days after it is made,
otherwise it shall be (void as against the workman). (The county clerk shall accept,
receipt for and file any such release, agreement or award, without fee, and record or
index it, etc.) Nothing herein shall be construed to prevent the workman from so
filing such agreement or award.
S ec . 26. A t any time within (one year) after an agreement or award has been so
filed, a justice of t h e ----------court, may, upon the application of either party, cancel
such agreement or award, upon such terms as may be just, if it be shown to his satis
faction, that the workman has returned to work and is earning the same or higher
wages as or than he did before the accident, or that the agreement or award has been
obtained b y fraud or undue influence, or that the committee or arbitrator making the
award acted without authority or was guilty of serious misconduct.
Sec. 27. A t any time after the filing of an agreement or award and before judgment
has been granted thereon, the employer may stay further proceedings thereon b y
filing in the county clerk’ s office wherein such agreement or award is filed: (a) (A
proper certificate of a qualified insurance company that the payment of the com
pensation to the workman is insured b y it); or (b) (a proper bond, undertaking to
secure the payment of the compensation.) (Such certificate or bond to be approved
b y a justice of t h e ----------court as to form and sufficiency, etc.)
S ec . 28. A t any time after an agreement or award has been filed, the workman
may apply to t h e ----------court, for judgment against the employer for a lump sum
equal to (90 per cent) of the amount of payments due and unpaid and prospectively
due under the agreement or award; and, unless the agreement or award be stayed,
modified or canceled, or the liability thereunder be redeemed or otherwise discharged,
the court shall examine the workman under oath, and, unless satisfied that the appli
cation is made for other reasons than doubt as to the security of his compensation,
shall compute the sum and direct judgment accordingly, as if in an action.
S ec. 29. A n agreement or award may be modified at any time b y a subsequent
agreement; or, at any time after (one year) from the date of filing, it may be reviewed,
upon the a p p lica tion ^ either party, on the ground that the incapacity of the workman
has subsequently increased or diminished. Such application shall be made to the
--------- court; and, unless the parties consent to arbitration, the court may appoint a
medical practitioner to examine the workman and report to it; and upon his report
and after hearing the evidence of the parties, the court may m odify such agreement
or award, as may be just, b y ending, increasing or diminishing the compensation,
subject to the limitations hereinbefore provided. (The fees of the arbitrator, or the
fees of the medical examiner, to be fixed b y the court at not to exceed ($10), shall be
paid in advance b y the party applying. If the compensation be increased, a prior
stay shall not be effective, unless the employer file a further certificate or bond to
secure the increased compensation).
Sec. 30. Where any weekly payment has been continued for not less than (six
months) the liability therefor may be redeemed by the employer b y the payment to
the workman of a lump sum of an amount equal to 75 per cent of the sum of the weekly
payments which may become due according to the award, such amount to be deter
mined by agreement, or, in default thereof, upon application, by a justice of th e--------court.
(Upon paying such amount the employer to be discharged from all further
w o r k m e n ’ s c o m p e n s a t io n a n d in s u r a n c e .
181
liability on account of the injury, and to be entitled to a duly executed release, upon
filing which or other due proof of payment, the liability upon any agreement or award
to be discharged of record.)
Sec. 31. (Where the payment of compensation to the workman is insured, the insurer
shall be subrogated to the rights and duties of the employer under this act, so far as
appropriate.)
S ec . 32. A ll references hereinbefore to th e ----------court or to a justice of such court,
shall mean (such court, etc., in and for the county or district in which such accident
occurred, bu t the objection that proceedings are m the wrong county or district may
be waived). Such court shall make all rules necessary and appropriate to carry out
the provisions of this act.
S ec . 33. A workman’s right to compensation under this act, may, in default of agree
ment or arbitration, be determined and enforced b y action in (any court of competent
jurisdiction). In every such action the right to trial b y jury shall be deemed waived
and the case tried b y the court without a jury, unless either party (with his notice of
trial— or—when the case is placed upon the calendar, demand a jury trial and pay the
fees of such a trial). The judgment in the action, if in favor of the plaintiff, shall be
for a lump sum equal to the amount of the payments then due and prospectively due
under this act, with interest on the payments overdue, or, in the discretion of the
trial judge, for periodical payments as m an award. Where death results from the
injury, the action shall be brought b y (the legal representative) of the deceased for the
benefit of the dependents as herein defined; and in such action the judgment may
provide the proportions of the award to be distributed to or between the several de
pendents; otherwise such proportions shall be determined b y the proper (probate)
court as hereinbefore provided. An action to set aside a release or other discnarge of
liability on the ground of fraud, or mental incom petency may be joined with an action
for compensation under this act.
S e c . 34. The cause of action shall be deemed in every case, including a case where
death results from the injury, to have accrued to the injured workman at the time of
the accident; and the time limited in which to commence an action for compensation
therefor shall run as against him, his (legal representatives) and dependents from that
date. (Am end the statute of limitations, if necessary, to make the short term, appli
cable to actions in tort, apply; but do not assimilate this action in terms to an action
in tort.)
Sec. 35. (Contingent fees of attorneys for services in proceedings under this act
shall in every case be subject to approval by the court, and a copy of every agreement
for a contingent fee shall be filed within—a certain time—with the commissioner of
labor.)
S ec . 36. If the (commissioner of insurance) certifies that any scheme of compensa
tion, benefit or insurance for the workmen of an employer in any employm ent to which
this act applies, whether or not such scheme includes other employers and their
workmen, provides scales of compensation not less favorable to the workmen and
their dependents than the corresponding scales contained in this act, and that, where
the scheme provides for contributions b y the workmen, the scheme confers benefits
at least equaivalent to those contributions, in addition to the benefits to which the
workiften would have been entitled under this act or their equivalents, the employer
may, while the certificate is in force, contract with any of his workmen that the pro
visions of the scheme shall be substituted for the provisions of this act; and thereupon
the employer shall be liable only in accordance with that scheme; but, save as afore
said, this act shall apply notwithstanding any contract to the contrary made after
this act becomes a law.
Sec. 37. No scheme shall be so certified which does not contain suitable provisions
for the equitable distribution of any moneys or securities held for the purpose of the
scheme, after due provision has been made to discharge the liabilities already accrued,
if and when such certificate is revoked or the scheme otherwise terminated.
S ec . 38. If at any time the scheme no longer fulfills the requirements of this article,
or is not fairly administered, or other (valid and substantial) reasons therefor exist,
the (commissioner of insurance) shall revoke the certificate and the scheme shall
thereby be terminated.
Sec. 39. Where a certified scheme is in effect the employer shall answer all such
inquiries and furnish all such accounts in regard thereto as may be required by the
(commissioner of insurance).
Sec. 40. The (commissioner of insurance) may make all rules and regulations
necessary to carry out the purposes of this article.
RESOLUTIONS OF THE SIXTH DELEGATES’ MEETING OF THE
INTERNATIONAL ASSOCIATION FOE LABOR LEGISLATION.
The sixth general meeting of delegates of the International Asso
ciation for Labor Legislation was held at Lugano, Switzerland,
September 26 to 28, 1910. According to the official report of the
association, the organization now comprehends national sections in
15 countries: Austria, Belgium, Denmark, France, Germany, Great
Britain, Hungary, Italy, Netherlands, Norway, Spain, Sweden,
Switzerland, Argentine Republic, and the United States. The
association has a membership of about 5,400. The value and official
character of its work are recognized by the fact that it is subsidized
by the Governments of 13 countries. Over 100 delegates of the
national sections and Government representatives were present at
the Lugano meeting. The resolutions adopted by the delegates are
given in full in the following pages:
I.
INTERNATIONAL LABOR CONVENTIONS.
1. The bureau is instructed to petition the Danish and Spanish
Governments to ratify at an early date the Berne convention of
September 26, 1906, respecting the night work of women.
The bureau is instructed to take appropriate measures to secure
the accession of Norway, Russia and Finland, Turkey, East India,
the Australian and Canadian colonies, and. South Africa to the
Berne conventions.
2. The delegates’ meeting expresses its most cordial thanks to the
French, British, and Dutch Governments for the adhesion of their
colonies and protectorates to the Berne convention, to the Australian
*Commonwealth for prohibiting the use of white phosphorus, to the
American section for its efforts in this direction in the united States,
and to the Hungarian minister of commerce, who has announced that
the prohibition of white phosphorus will most probably be introduced
in Hungary at an early date.
The bureau is instructed to persevere in its efforts to procure the
adhesion of countries which have not yet joined the convention, and
especially Belgium, Norway, Sweden, India, South Africa, and Japan.
n. N E W
SECTIONS AND CONSTITUTIONS OF SECTIONS— FINANCES AND
BULLETIN— COOPERATION W IT H OTHER INTERNATIONAL ASSOCIA
TIONS— E XHIBITIONS OF HYGIENE AT DRESDEN AND ROME— PLACE
AND DATE OF TH E N E X T MEETING.
A. NEW SECTIONS AND CONSTITUTIONS OF SECTIONS.
The constitutions of the Norwegian and Swedish sections are
approved.
B. FINANCES AND BULLETIN.
1.
The delegates’ meeting acknowledges with satisfaction the
reports of the bureau, the treasurer, and the International Labor
Office, and thanks them heartily for their activity.
182
INTERNATIONAL ASSOCIATION FOR LABOR LEGISLATION.
183
2. The treasurers accounts, vouchers, and cash have been audited
and found correct.
3. The budget for 1910 and 1911 is approved. The meeting
approves the advance payment of 3,000 francs [$579], requested and
made in consequence o f the issue of the English edition of the Bulletin
having been expedited. In renewing contracts for the publication
of the Bulletin every effort shall be made to reduce the cost of printing.
4. The delegates' meeting expresses to the Government of the
United States its hearty thanks for the increase of its appropriation.
5. The delegates' meeting instructs the bureau to express to the
British Government its hearty thanks for sending official representa
tives, and, at the same time, to convey to it, by these delegates, a
request that the British Government may make a contribution toward
the expenses of the international labor office, as is done by all the
industrial states of Europe and by the United States of America.
This request shall emphasize the fact that such a contribution will
be mainly applied to meeting the expenses of the English edition of
the Bulletin, which is translated and printed in England. In case
the Government of Great Britain should make an appropriation for
the international labor office, the bureau is authorized, in its dis
cretion, to contribute toward the expenses of translating the bulletin
into English a sum not exceeding in any year the sum actually
received from the British Government.
C. COOPERATION
WITH
OTHER
INTERNATIONAL
ASSOCIATIONS.
The bureau is authorized to enter into communication with other
associations whose aims are similar to those of the International
Association for Labor Legislation, in order to come to an understand
ing regarding any financial or economic questions in which they may
have a common interest.
D. INTERNATIONAL EXHIBITIONS AT DRESDEN AND ROME.
The delegates' meeting leaves the bureau free to exhibit at the
exhibitions of hygiene at Dresden and Rome any statistical tables
or publications relating to industrial hygiene.
E. PLACE AND DATE OF THE NEXT MEETING.
The delegates' meeting resolves that the next (seventh) delegates'
meeting of the international association shall take place in the
autumn of 1912 in Zurich.
£H. ADMINISTRATION OF LABOR LAWS.
I.
The delegates' meeting takes note of the proof of the first com
parative report drawn up by the International Labor Office on the
measures adopted in European countries to enforce labor laws. This
proof shall be submitted to the sections with a view to its being
amended and supplemented.
184
BULLETIN OF THE BUREAU OF LABOR.
II.
The bureau is instructed to request the Governments, with
a view to making the administration of labor laws in the different
countries comparable, to supply data at least on the following points:
1. The nature and number of the establishments subject to inspec
tion and of workers affected.
2. The number of establishments actually inspected and of workers
affected.
3. The number of visits of inspection paid by inspectors, distin
guishing visits paid at night.
4. The number of cases where persons were cautioned or where
penalties were imposed for infringements of the law.
5. The nature and success of arrangements for securing the cooper
ation of the workers in the enforcement of the law—
(а) B y including workers amongst the staff of inspection.
(б) By the institution of regular relations between the inspecting
staff and organized and nonorganized workers.
(c)* By giving workmen’s trade-unions the right to take legal pro
ceedings.
The data desired under 1 to 3 above should be classified according
to industries.
The headings of the tables in inspectors’ reports should be given
in one of the three principal languages.
IV.
CHILD LABOR.
A special commission is appointed with instructions to examine
the execution, in the several countries, of the laws for the protection
of child labor, and to prepare a comprehensive compilation of the
results of the investigations undertaken by the sections in pursuance
of the Lucerne resolutions.
V.
NIGHT W O R K O F YOUNG PERSONS.
Being convinced that the Lucerne resolutions form an adequate
basis for the international regulation of the night work of young
persons, the delegates’ meeting instructs the bureau to request the
Swiss Federal Council to invite the Governments to an international
conference on the subject.
The meeting instructs the subcommission to continue its work in
pursuance of the Lucerne resolutions and to inquire whether the
exceptions to the prohibition of the night work of young persons
declared by the Lucerne resolutions to be permissible could not be
further limited in the case of young persons employed in glassworks
and rolling mills. These investigations shall be continued until such
time as the request for the international regulation of the question
shall be presented to the Swiss Federal Council.
INTERNATIONAL ASSOCIATION FOR LABOR LEGISLATION.
185
Being convinced that it is reasonable to determine a definite period
for the application of transitory provisions, the delegates’ meeting
resolves that Resolution V, 6, of the Lucerne resolutions shall read
as follows:
“ Any transitory provisions applicable to rolling mills and glass
works, contained in an international convention for the regulation of
the night work of young persons, should apply only for a definite
period, which it is suggested should be fixed at five years.”
The meeting is of opinion, that, in the absence of sufficient infor
mation, it would not be expedient to include in an international con
vention the question of the night work of young persons in hotels,
restaurants, and public houses, shops and offices. Notwithstanding,
the meeting wishes to draw the attention of the various nations to
the interest which every country has in the legal limitation of the
night work of young persons in these occupations.
VI.
MAXIMUM WORKING DAY.
A. TEN-HOUR MAXIMUM WORKING DAY FOR WOMEN IN ESTABLISH
MENTS EMPLOYING 10 OR MORE WORKERS.
The delegates’ meeting confirms the resolutions of the fifth dele
gates’ meeting, and, in view of the fact that several States have
introduced the 10-hour working day for women, believes that the
time has come to extend this 10-hour working day to all States by
international treaty, at least in the case of establishments employing
10 or more workers.
The bureau is authorized to take such steps as may be necessary to
bring about such a treaty, and for this purpose, to draft a memoran
dum on the subject.
The sections shall report to the bureau by 1st February, 1911, on
the present state of legislation and legal decisions on the hours of
work of women in their countries. The memorandum of the bureau
shall be laid as soon as possible before a special commission of five
members.
B. TEN-HOUR MAXIMUM WORKING DAY FOR YOUNG PERSONS.
In view of the fact that several States have by national legislation
introduced the 10-hour maximum working day for young persons, the
delegates’ meeting believes that the time has come to extend the same
by international treaty to all States.
The bureau is authorized to take the steps necessary to bring about
such a treaty and to prepare for this purpose a memorandum which
will take into consideration the special circumstances of individual
States and. define exactly any exceptions which may be necessary.
The sections shall report to the bureau by February 1, 1911, on the
present state of legislation and legal decisions on the hours of work of
voung persons in their countries. The bureau’s memorandum shall
be laid as soon as possible before the special commission on the maxi
mum working day for women.
186
BULLETIN OF THE BUREAU OF LABOR.
C. TEN-HOUR WORKING DAY FOR MEN IN TEXTILE INDUSTRIES.
The commission considers it unnecessary to consider again the
question of limiting the working day in the textile industries, since it
is of opinion that the limitation of the working day of women neces-,
sarily involves the limitation of the working day of men.
It reserves the right, however, to take up the Lucerne resolution
again, at a later date, if experience should show that this is necessary.
D. WORKING DAY IN CONTINUOUS PROCESSES.
The delegates* meeting considers the 12-hour day, which is still
the general custom in continuous processes, to be injurious to health.
In particular, working periods of 18,24, and even 36 hours (in chang
ing shifts) are to be condemned.
The bureau is instructed to appoint a special commission as soon
as possible and to present to it the material which is now available
as well as any further material which may be secured through the aid
of the national sections.
This commission shall report in particular on the following points:
1. On the best methods of arranging shifts .
2. On t h e p o s s ib il it y o f p r o h ib it in g t h e n i g h t W ork o f a d u lt s in
certain continuous processes
where for
technical reasons work must h
3. On the necessity for the international regulation of this matter.
The delegates' meeting expects this commission to prepare its
report and proposals for reform as soon as possible, and at any rate
in time for the next meeting. A subcommission may be appointed
if necessary to investigate the conditions of certain industries, such
as the iron and glass trades.
E. EIGHT-HOUR SHIFT IN MINES
In pursuance of the resolutions of the fifth delegates' meeting of
the Internatinal Association for Labor Legislation with regard to the
definition of the 8-hour shift for workmen employed below ground
in coal mines, the sixth delegates' meeting is of opinion that the
length of a shift should be reckoned as the period between the time
when the first man of such shift leaves the surface until the time when
the first man of the shift to return completes his ascent to the surface.
The bureau is requested to recommend to the various States to
take this definition as the basis of their legislation regulating the dura
tion of shifts.
In applying the above definition, the sixth delegates' meeting
reaffirms the Lucerne resolution of 1908, recommending the intro
duction by law of a maximum 8-hour shift for all underground
workers in coal mines.
F. HOURS OF WORK IN SPECIALLY DANGEROUS INDUSTRIES.
The delegates' meeting expresses the desire that the bureau will
place upon the agenda of the next meeting the question of limiting
the working day of men in specially dangerous and unhealthy indus
tries.
INTERNATIONAL ASSOCIATION FOR LABOR LEGISLATION.
187
The delegates’ meeting reaffirms the resolution 1906 and at the
same time declares that it is desirable for the proper authorities to
have legal power to regulate the daily period or employment in
processes and trades especially dangerous to health.
VH. WORKM EN’ S HOLIDAYS.
The question of holidays for workmen and employees shall be
placed upon the agenda of the next delegates’ meeting.
The bureau is instructed to prepare a summary of existing laws on
this subject in the various countries and to draw up statistical tables
showing the number of establishments in which holidays are allowed,
and the numbers of workmen and employees affected.
v m . HOME W ORK.
A. GENERAL.
A.
The delegates’ meeting reaffirms the view of the delegates’
meeting at Lucerne that bad conditions in home work are due pri
marily to inadequacy of wages, and that consequently it is of the
first importance to find means of raising wages.
Having this end in view—
I. The delegates’ meeting recommends afresh the organization of
home workers in trade-unions and the conclusion of collective agree
ments. The meeting regards the unfettered right of combination^
as the necessary basis of such collective agreements. In countries'
where collective agreements are not yet legally recognized under
existing law recognition should be secured in such a manner as to
insure their legal validity and their extension when required to home
workers in the same occupations who were not originally concerned
in the conclusion of the agreements. The delegates’ meeting urges
the national sections to get into touch with existing organizations of
workers with a view to promoting the conclusion of collective agree
ments with employers and employers’ federations.
II. The delegates’ meeting recommends the adoption by legisla
tion of the principle that wage agreements for insufficient amounts
or of an usurious nature should be null and void and that the con
clusion of such agreements should be subject to penalties. The
meeting regards this principle as essential, but at the same time
recognizes that the difficulties of its application are such as to prevent
its adoption from being in any degree a practical solution of the
problem.
III. The delegates’ meeting is of opinion that at the present time
the only effective remedy for the evils of home work is to be found
in the establishment of wages boards such as those provided for in
the British act. The meeting is o f opinion that in setting up these
wages boards the following principles should be observed:
(а) The boards should have to fix minimum rates of wages for
home workers in certain industries and certain districts.
(б) The daily earnings of persons employed in workshops in the
manufacture oi the same articles should not fall below those of home
workers paid under the conditions contemplated above.
188
BULLETIN OF THE BUREAU OF LABOR.
(c) The delegates’ meeting is of opinion that no legislation for
fixing minimum rates of wages for home workers can be effective
unless it provides for the imposition of penalties in cases where
employers fail to pay the prescribed rates of wages.
(a) The delegates’ meetmg is of opinion that mspectors should be
appointed to enforce the payment of the prescribed rates of wages.
\e) Trade associations of employers and workers should have
power to take part in legal proceedings arising out of the legislation
contemplated above.
B. The meeting reiterates and reaffirms the measures recommended
at Geneva and JLuceme (compulsory registration, publication of
wages lists, extension of inspection, social insurance, sanitary regu
lations, promotion of trade organization, consumers’ leagues, etc.).
C. The sections shall report to the bureau every year on June 1 on
the organization of wages boards, the methods of determining rates
of wages, and the consequent results, as well as on the realization of
the resolutions of the delegates’ meetings at Basle, Geneva, and
Lucerne. The bureau shall then compile a comparative report and
incorporate the same with future editions of the comparative report
on the administration of labor laws.
D. The delegates’ meeting congratulates the British Government
and Parliament on their successful initiative in the matter of the
protection of home workers. In addition the bureau is instructed
to express to the British Board of Trade the warmest thanks of the
association for the memorandum on the trade boards act presented
to the meeting.
B. MACHINE-MADE SWISS EMBROIDERY.
The delegates’ meeting considers that it is desirable for hours of
work in the machine-made swiss embroidery trade where carried on
as a home industry to be uniformly regulated in all the countries
concerned.
The board is instructed to approach the interested parties through
the medium of the sections, and to convene, if possible, within a year,
a meeting of a special commission (consisting in the first place oi
representatives o f Germany, Austria, Italy, France, and Switzerland)
appointed to report to the next delegates’ meeting on appropriate
measures to be adopted on this matter, including transitory provisions.
The sections concerned are requested, within their respective
spheres, to take such steps as may seem good to them to secure the
adoption of a uniform system of regulation and to promote at the
same time measures for the protection of the home industry in ques
tion, and, in particular, the institution or encouragement of so-called
crisis funds, which could be secured, for instance, by an agreement
between Switzerland and the district of the Yorarlberg where the
industry is carried on.
Should the special commission agree in the meantime upon such
uniform regulations, the bureau shall have authority, in its discre
tion, to submit the same to the Governments concerned.
INTERNATIONAL ASSOCIATION FOR LABOR LEGISLATION.
IX .
189
INDUSTRIAL POISONS.
A. WHITE PHOSPHORUS.
(See I, International Labor Conventions, 3 and 4.)
B. LEAD.
(а) P ainting and D ecorating.— The delegates' meeting is of
opinion that the time has come to prohibit the use of lead paints and
colors for interior work and to require that all receptacles containing
such colors shall be clearly marked to that effect. The bureau is
instructed to approach the national sections on the matter, being
guided by the principles set forth in the petition submitted to the
meeting. The sections are requested to give the petition their active
support on its presentation to their Governments.
(б) Ceramic I ndustry.— The delegates' meeting resolves to recom
mend to the Governments, by means of a petition presented by the
bureau, the following principles for the regulation of hygienic condi
tions in the ceramic industry:
P
r in c ip l e s
for
the
R
e g u l a t io n
H y g ie n ic
In d ustr y.
of
Co n d it io n s
in
the
C e r a m ic
I.
The Governments should take steps toward the abolition of the use of lead in the
ceramic industry.
T o this end the following measures should be adopted:
1. In the manufacture of china and earthenware fired at a high temperature the use
of lead glaze should be prohibited.
2. As regards the manufacture of earthenware fired at a low temperature a provisional
list of articles should be drawn up which can, at the present time, be manufactured
without lead. This list, which would be subject to extension, should contain articles
of common use such as pots, washing basins, dishes, mugs, bowls, etc., electrical insu
lators, etc.
3. As regards the manufacture of common pottery and plain stove tiles fired at a low
temperature, such as are manufactured on the Continent both in small workshops and
in the workers’ homes, litharge and red lead should be replaced b y galena or any other
less dangerous glaze. The preparation and use of unfritted glazes and the fritting
process should be prohibited in such works.
The following measures would tend to encourage the gradual adoption of leadless
glazes in the ceramic industry:
(a) The instruction and assistance of all occupiers in the industry wishing to make
a practical trial of the use of leadless glazes.
(b) The strict enforcement of hygienic regulations in works using lead glazes.
II. Existing regulations for factories ana workshops should alone apply to estab
lishments where leadless glazes are exclusively and permanently u sed .1
Factory inspectors should have power to take, for purposes of analysis at any stage
and at any time, samples of glaze and of the substances used in the preparation of the
same.
II I . The following regulations should be adopted in the case of works using lead
glazes:
1. The proper authorities shall require where necessary, the glazes used to be modi
fied in order to prevent injury to the health of workmen employed in contact with
the same.
2. The mixing, grinding, and transportation of lead glazes as well as the lead used
in their preparation, shall be effected either in a thoroughly damp state or in appa
ratus which permits no dust to escape.
1 Within the meaning of these provisions leadless nonpoisonous glazes shall mean all compositions or
frits used for glazing in the ceramic industry which contain not more than 1 per cent of lead. Compositions
containing no lead compound other than galena shall be held to be leadless. All other glazes shall be held
tocontain lead within the meaning of these provisions.
85048°—Bull. 92—11----- 13
190
BULLETIN OF THE BUREAU OF LABOR.
3. Frit kilns must be so arranged that the molten frit can flow off into water, and
frits must always be drawn off in such a manner.
4. Calcining shall be effected in a place separated from all the other work places,
and exhaust ventilation in good working order shall-be placed over the openings of
the furnace.
5. Effective exhaust ventilation shall be applied in a suitable manner at all points
where dust is generated, such as the openings of grinding and m ixing apparatus, of
transport apparatus, and of frit kilns and benches where glazes are applied in a dry
manner, where glazes or colors are applied b y dusting, or where ware cleaning is
carried on.
All places where lead glazes or the lead used in their preparation are handled must
be at least 3.5 meters [11.5 feet] in height and 15 cubic meters [530 cubic feet] of air
space shall be allowed for each workman.
The floor must be solid and washable, and the walls covered to a height of 2 meters
[6.6 feet] with a smooth and washable coating or paint.
6. No glazes shall be manufactured or used in living or sleeping rooms, and no lead
lazes or lead used in their preparation, or pottery covered with unfired glaze, shall
e brought into or stored in such rooms.
Where more than five persons are employed full time in an undertaking the said
processes shall not be carried on in living or sleeping rooms or in rooms where other
work is carried on, nor shall glazes, the lead used m their preparation, or pottery
covered with unfired glaze be brought into or stored in such places.
7.
No women or young persons under 18 shall be employed in any circumstances
in the calcining process or in cleaning places where the above-mentioned substances
or objects covered with unfired glaze have been manipulated or stored.
On the conclusion of a suitable period of transition no female person shall in any
circumstances be em ployed in any kind of work whatsoever w hich would bring her
into contact with unfired lead glazes or compounds or with the lead used in their
preparation. No male young persons under 18 years of age shall be employed in such
work except in so far as may be necessary for the purposes of learning the trade.
8.
Hours of work shall be reduced for all persons employed in the processes men
tioned in the preceding paragraphs, and especially in the case of workmen in the
calcining process, who shall not be so employed continuously.
9.
A ll workpeople employed in the manufacture of glazes containing lead, as w ell
as those who come into contact with raw glazes or the lead used in their preparation,
shall wear special working clothes.
10.
The employer shall supply without charge a sufficient quantity of suitable
working clothes, drinking and washing water, glasses, soap, and towels. The employer
shall provide for the washing of the said working clothes and towels.
11.
No person shall eat, drink, or smoke in, or bring any food, drink, or tobacco into
places where lead glazes or the lead used in their preparation are handled, or which
are used for storing these substances or for storing pottery covered with unfired glazes.
12.
Thework people in question shall be examined every three months b y a medical
practitioner, approved b y the State authorities. The result of the examinations shall
be entered in a suitable register which shall be open to inspection b y the inspector of
factories.
13.
No workman who is suffering from lead poisoning, or who has been found b y
the medical practitioner named in section 12 to be unfit on medical grounds for work
in contact with lead, shall be em ployed in the above-mentioned branches of the
trade, or in rooms where such work is carried on, during such period as may be fixed
b y the medical practitioner, but the employer shall em ploy him elsewhere.
14.
Tw o cloakrooms shall be provided, one for working and one for outdoor clothes,
with a suitable lavatory and bathroom between the two. A mess room shall also be
provided.
In small undertaking there shall be provided at least dust-proof cupboards where the
workers’ outdoor and working clothes shall be kept separately, and lavatory accommo
dation.
15.
Employers shall give all workpeople contemplated in paragraph 9 on their
entering the employment printed instructions as to the dangers of lead poisoning and
its prevention, and shall affix such instructions in the work places.
16.
In the case of establishments using lead glazes so composed that the consequent
risk to health is small, temporary exemptions from the preceding provisions may be
allowed b y the authorities in exceptional circumstances.
f
(c) P olygraphic I ndustry .— The delegates’ meeting resolves to
recommend to the Governments by means of a petition presented by
the bureau, the following principles for the regulation of hygienic
conditions in the polygraphic industry.
191
INTERNATTONAL ASSOCIATION FOR LABOR LEGISLATION.
P
r in c ip l e s
for
the
R
e g u l a t io n
and
of
T
H
ype
y g ie n ic
F
C o n d it io n s
in
P
r in t in g
W
orks
o u n d r ie s .
1. A ll places in which employees come into contact with lead or its alloys or com
pounds shall be well lighted and easily heated and ventilated. There must be an
allowance of at least 15 cubic meters [530 cubic feet] of air space and 3 square meters
[32.3 square feet Jof floor space for each person employed. Workrooms in new premises
shall be at least 3 meters [9.8 feet] in height.
2. Work contemplated in section 1 which causes any considerable amount of dust
or an appreciable rise of temperature (such as the melting of lead or type metal, the
use of monotype or linotype machines, stereotyping, finishing and dressing type,
and bronzing with powdered bronze) shall be carried out in separate workrooms which
must not be in a basement; except where the work is carried on only in exceptional
circumstances in large establishments the composing rooms must be separate from
other workrooms.
3. Rooms must be well lighted with both natural and artificial light, so as to protect
adequately the eyesight^ o f the persons employed, consideration being paid to the
nature of the work.
4. The floors of all places mentioned in section 1 shall be without cracks and wash
able or covered with a substance for preventing dust. The walls must be covered
to a height of 2 meters [6.6 feet] with a smooth washable coating or paint of light color.
No shelves or other appliances where dust can accumulate shall be fitted up, except
such as are necessary for the work.
5. In larger establishments suitable lavatories and cloakrooms separated from the
workrooms shall be provided. In small establishments arrangements shall be made
for employees to keep their outdoor and working clothes in separate cupboards, and
lavatory accommodation with sufficient water laid on, together with a plentiful supply
of drinking water shall be provided. In type foundries, all large printing works, ana
works where night work is the rule, mess rooms shall be provided.
6. Women shall not be employed in the occupations contemplated in section 1,
except in composing and operating typesetting machines. Young persons under 18
years of age shall not be em ployed in tne occupations contemplated in section 1, pro
vided that apprentices may be employed in any occupations for the purposes of learning
the trade, but shall in no circumstances clean the workrooms or cases.
7. The floors of all workplaces, cloakrooms, and lavatories, shall be cleaned every
day. Once a week all rooms shall be thoroughly cleaned, and after working hours
as far as workrooms are concerned. A sufficient number of spittoons shall be
provided. The workrooms shall be thoroughly aired several times a day.
8. Compositors’ tables and shelves must be fixed close to the floor, or else arranged
in such a way that there is a distance of at least 25 centimeters [9.8 inches] between
the floor and the lowest shelf. Cases in regular use must be cleaned when necessary
and not less often than once in three months; other cases must be cleaned before use.
The cleaning of the cases shall be effected b y suction, or where necessary, in the open
air, provided that suitable precautions are taken to protect the workers from dust.
9. Melting pots and crucibles shall be fitted with sufficiently large pipes for drawing
off their contents, and the crucibles and pipes shall be covered so as to be heat proof.
The temperature of workplaces where founding, stereotyping, or composing b y
machinery is carried on shall not exceed 25° centigrade [77° F .], unless the outdoor
temperature exceeds 18° C. [64.4° F.], in which case the difference shall not exceed
7° C. [-12.6° F.].
10. Coloring matter shall be prepared b y mechanical means only.
11. Bronzing with bronze powder shall be effected only b y machines allowing no
dust to escape and provided with exhaust ventilation. Bronzing with bronze powder
shall not be effected b y hand, except where the work is undertaken only in exceptional
circumstances and rarely, in which case respirators covering mouth and nose shall be
worn.
12. A ll workmen employed in occupations contemplated in section 1 shall wear
washable working clothes.
13. No unpurified and injurious substances shall be used to clean rollers or type, etc.
14. No person shall eat, drink, or smoke in the workplaces, or bring any food, drink,
or tobacco into them.
Workmen shall wash their faces, mouths, and hands before every break in work, and
before leaving work. The employer shall provide without charge towels and soap,
and for each workman a separate glass for rinsing the mouth.
15. Workmen employed m composing, in melting and casting type, in linotyping,
in stereotyping, and in finishing and dressing type shall be m edically examined every
three months b y a medical practitioner, approved b y the State authorities for the
purpose.
192
BULLETIN OF THE BUREAU OF LABOR.
Persons whom the medical practitioner shall declare unfit shall not be employed
in the occupation contemplated in section 1 during such period as may be prescribed
b y him.
A ll apprentices shall be m edically examined before beginning their apprenticeship.
In view of the inadequate and inexact nature of the documentary
information available on the danger of poisoning to which composi
tors and the operators of typesetting machines are exposed, a fresh
investigation shall be undertaken, the results of which shall be laid
before the delegates’ meeting in 1912.
C. PROTECTION OF HOME WORKERS FROM INDUSTRIAL POISONS.
This subject shall be placed upon the agenda of the next delegates’
meeting.
D. LIST OF INDUSTRIAL POISONS.
The delegates’ meeting takes note of the admirable list of industrial
poisons drafted by Prof. Sommerfeld and amended by Dr. Fischer
and the commission in the light of practical experience, and expresses
its sincere thanks to these two authors.
A t the same time the meeting recognizes the absolute impossibility
of drawing up a complete list corresponding to industrial conditions
in all countries, without the cooperation of the national sections.
The bureau is requested to transmit the list to the sections and to the
permanent council of hygiene. The sections shall thereupon, with
the assistance of their respective Governments, revise and supple
ment the list by April 1, 1911. The bureau shall then arrange, in
agreement with the permanent council of hygiene, for the publica
tion of the list.
X.
W O RK IN COMPRESSED AIR.
A. WORK IN CAISSONS.
Since the protection of workers in caissons can not be regarded as
directly affected by international competition, it is not a subject for
international agreement. But at the same time it is expedient for
the International Association for Labor Legislation to urge the vari
ous Governments to introduce legislation for the protection of caisson
workers as has been done in France and Holland. The principles
here following should form the basis of such regulations:
P
r in c ip l e s
for
the
R
e g u l a t io n
of
W
ork
in
Ca isso
n s.
1. The danger to life and health to which persons working in caissons under a high
air pressure (from about 1.5 atmospheres) are in general exposed must be regarded as
appallingly great.
2. The danger can be reduced to a very considerable extent b y the adoption of suita
ble prophylactic and therapeutic measures. The introduction of such measures con
sequently forms an important branch of labor legislation.
3. Protective measures can not be expected to succeed unless they are designed on
the right lines and strictly carried out. Consequently it is necessary for such regu
lations to be introduced b y State legislation, and enforced b y administrative authori
ties, and for contraventions to be punishable.
4. Regulations for the protection of caisson workers should contain provisions—
(a) Requiring the admission of persons to work in caissons to be dependent upon
the result of a strict medical examination.
INTERNATIONAL ASSOCIATION FOB LABOR LEGISLATION.
193
(b) Requiring the organization of a regular system of medical supervision on the
works and wherever possible a permanent staff of medical officers.
(c) Fixing exactly the periods of employment and the manner of locking in and
unlocking, according to the depth of the works and the pressure.
(d) Prescribing suitable hygienic regulations respecting the air supply in the caisson
and air locks, variations of temperature, accommodation for workmen on the works,
the conduct of workmen, etc.
(e) Prescribing all necessary arrangements for the protection of life and health;
( / ) Insuring that suitable appliances for treating persons taken ill— especially a
properly fitted up recompression lock—and the necessary staff for attending them
shall be available.
(g) Requiring a register to be kept on the works, containing the name and forename
of every person subject to medical examination, particulars of the result of each exami
nation, and particulars of all cases where medical treatment was given on the works
and the results of the same.
B. DIVERS.
Since divers, especially those employed in salvage operations, are
liable to be called upon to work in foreign waters or on ships of a
different nationality, it seems advisable that their occupation should
be regulated by international agreement.
The members of the permanent council of hygiene shall collect
from every country the regulations and official and private instruc
tions respecting diving operations.
The international labor office shall thereupon transmit copies of
these regulations, etc., to the members of the special commission,
which shall prepare a report on the subject for the next delegates'
meeting.
XI.
TH E PREVENTION OF ACCIDENTS.
AUTOMATIC COUPLING.
The bureau is instructed to make a further report to the next dele
gates' meeting regarding the international prevention of accidents
and the protection of those employed on railroads and in the carrying
trade. The sections are requested to petition their Governments for
the introduction of automatic couplers.
xn.
W O RKM EN ’ S INSURANCE.
EQUAL TREATMENT OF FOREIGN WORKMEN.
1. The association requests the American section to continue its
efforts to secure the passage in the several States of the Union of
suitable laws for insurance against sickness and accident, which shall
not discriminate against alien workers and thus carry out Resolution
I X adopted at Geneva, and Resolution X adopted at Lucerne, and
it thanks this section for the initiative which it has taken in this
question of the protection of immigrants.
2. A special commission is appointed with instructions to seek
ways and means by which the equal treatment of native and foreign
workmen may be guaranteed, not only in respect to insurance against
industrial accidents but also in other departments of social insurance,
and to report to the next delegates' meeting.
REPORT OF ILLINOIS COMMISSION ON OCCUPATIONAL
DISEASES.
In March, 1907, the Illinois Legislature authorized the appointment
b y the governor of a commission consisting of four State officials,
two reputable physicians, and three other representative citizens of
the State to thoroughly investigate causes and conditions relating
to diseases of occupation and to report on desirable legislation respect
ing this subject. The time limit at first set was too short for anything
to be attempted, and it was not until 1909 that the commission was
able to begin its work effectively. The commissioners served without
compensation, and practically the whole amount appropriated for its
use— $15,000— was used for direct expenses of investigation. The
volume issued in January, 1911,1 contains the report of the commis
sioners and a series of monographs embodying the findings of the
various investigators.
The commissioners give an outline of the extensive field of indus
trial hygiene, and point out the impossibility, with the limited time
and means at their disposal, of making any attempt at a compre
hensive study. In the main their investigations were confined to the
industrial use of poisons and the resulting effects upon the health of
the workers.
The most elaborate study in the report is that b y Dr. Alice Hamilton
on industrial lead poisoning. Eighteen different industries or trades
involving this danger, she finds, are carried on in Illinois. The degree
of danger involved varies widely. Smelting and refining lead, the
manufacture of white lead, the painting trades, and the manufacture
of storage batteries are the most widely harmful. The danger is
present in two forms— that of inhaling particles of the metal in the
shape of metallic dust or fumes and that of swallowing them with
food or drink. The road to comparative safety lies along the lines of
prevention or diminution of dust and fumes in the worker’s atmos
phere by the use of hoods, exhausts, and similar devices, the provision
of clean, well-ventilated workplaces, the substitution of wet for dry
processes wherever practicable,i2with a free use of water to keep down
i Report of commission on occupational diseases to his excellency Charles S. Deneen, January, 1911,219
pages.
a That this can be done to a considerable extent is shown by the situation in England, where many of the
most dangerous processes in the manufacture of white lead as carried on.in America have been wholly
abolished, with markedly beneficial effects to the workers.
194
ILLINOIS COMMISSION ON OCCUPATIONAL DISEASES.
195
dust, and the enforcement of strict rules concerning personal hygiene
upon all workers handling lead or engaged in any of the dangerous
processes. Two extremely simple precautions are the provision of
respirators to be worn in all necessarily dusty work and the provision
of ample facilities for washing— in some cases for bathing— and
insistence upon their use. If the further precaution were’ taken
of testing the employees and putting those who show special sus
ceptibility to the effect of lead at the least exposed operations, the
dangers of the work would be immensely diminished.
Along the first fine conditions have improved considerably of late
years. Machinery is steadily displacing hand workmen, and the
growing demand for the metal is leading manufacturers to avoid the
waste involved in the escape of dust and fumes. In regard to the per
sonal care and instruction of the workers little or nothing is being
done. Some of the industries, like smelting and the manufacture of
white lead, have gained such a bad name among workmen that the
better class will scarcely enter them. As a consequence, those
employed in such work are, according to the report, mainly the poorest
and most ignorant foreigners or Negroes. They either have no
knowledge that danger exists or else have only a vague fear, with no
idea where the risk lies or how it can be met. They are a notoriously
unsteady, shifting class, continually moving in and out of the lead
trades, thus greatly increasing the difficulty of giving instructions
and taking precautions which would diminish their risks. This
migratory character greatly increases, also, the difficulty of tracing
cases of lead poisoning and finding how harmful the work really is.
As the investigation was undertaken to afford a basis for legal
action, the economic and legal aspects of the dangers incurred by
lead workers naturally took a prominent place. In the brief time
available it was impossible to discover how extensively lead poison
ing prevailed and how far it was responsible for economic loss and
suffering, primarily to the workers and through them to the com
munity as a whole. Five hundred and seventy-eight cases of lead
poisoning, occurring during the years 1908, 1909, and 1910, were
found, 12 of which resulted in permanent disability, 8 involved
temporary or partial paralysis, and 18 resulted in death. One hun
dred and sixteen men reporting on the point showed a loss of working
time from lead poisoning amounting to 65 years, and 102 men report
ing on wages lost showed an aggregate loss of $63,940. Where the
burden of this loss fell is more than indicated, it is emphasized, by
the fact that of the 578 workmen affected only 3 had received any
compensation from their employers. One employee in smelters and
metal shops was paid full wages while disabled, one paint factory
worker was paid part of his wages, and another’s medical expenses
were paid; beyond this the workmen and their families alone bore
196
BULLETIN OF THE BUBEAU OF LABOB.
the cost of illness arising from trade conditions— unless some part of
it was borne by the general community in the form of philanthropic
relief. On this point the report is silent. The largest number of
cases found, 181, was among the workmen in smelters and metal
shops; 5 of these reported an average of two months apiece lost
time, and 4 reported an average loss of $71.25 each in wages. The
painting trades stand next in point of numbers with 157 cases; 77
workmen reported time lost aggregating 43 years 4 months, and 72
reported an aggregate wage loss of $46,092.
From the legal side the study throws considerable light on the
responsibility of the workmen and on their assumption of the risks
of the employment. Many of the dangerous conditions, such as the
prevalence of dust and fumes, are absolutely beyond the workmen’s
control; either they must stay out of the occupation altogether or
they must accept such degree of danger as the employer does not guard
them against. In some of the most dangerous occupations, such,
for instance, as the work in smelters and white-lead factories, intelli
gent workmen, as a rule, take the first alternative, and only the most
ignorant, unskilled, and helpless class will enter them. How far
these workmen are responsible for their own disregard of precautions,
and how far they deliberately assume the risks of their employment
is shown by the following quotation:
For instance, a young Bulgarian went to work in a white-lead
factory the first week he arrived in Chicago, and was put to emptying
pans of dry white lead. He was given no respirator and had no idea
that he had a right to ask for one. Nobody told him the white dust
on his hands and mustache was poisonous. He had only one suit of
clothes and wore his working clothes home. He had a severe attack
of lead poisoning at the end of five weeks. Another foreigner, a
Kussian Jew, was set to making red-lead paste in a storage battery
factory. He was utterly ignorant of the substances he was handling
and used to moisten his fingers in his mouth as he made the paste.
He became severely poisoned after 10 days’ work. We have found
almost no effort in the lead works to instruct the foreigners in the
care of their persons and in the avoidance of danger.
Another illustration is afforded by the mechanical artists or re
touchers. This is highly skilled work, employing about 520 workers
in Chicago, carried on by educated and intelligent people. “ They
use white paint, putting it on with a fine brush, which they habitually
suck to bring it to a fine point.” They also use an air brush which
by means of compressed air sends a fine spray of white paint where
needed. Most of the artists believe that they are using white-zinc
paint and say that their employers and foremen assured them of
this. Nevertheless, they say they all find the work very unhealthful
and that many could not stand it more than a few years. On analyz
ing the white paints used it was found that 7 out of 11 were white-
ILLINOIS COMMISSION ON OCCUPATIONAL DISEASES.
197
lead paints, and only four establishments were found in which at
least one variety of white-lead paint was not used.
From the practical side the report shows that it is entirely possible
at no prohibitive cost to make most processes safe and to reduce
immensly the risks of the most dangerous operations. Some em
ployers are voluntarily taking the necessary precautions, but others
neglect them altogether. The difference in the risks when strict
regulation is enforced and when regulations are left almost entirely
to the employer’s option is strikingly shown by some comparisons
between conditions in England and in Illinois:
In one English white-lead factory employing 182 men careful
medical inspection failed to discover one case of lead poisoning in
the year 1909-10. In an Illinois factory employing 142 men partial
inspection revealed 25 men suffering from lead poisoning last year.
In another English factory employing 90 men no case was discovered
for five successive years. In an Illinois factory employing 94 men
28 per cent of all employees have had lead poisoning, and 40 per cent
of all employed in the dustier work. The other two Illinois factories
have not had medical inspection and accurate figures can not be
given. One has sent four cases of lead poisoning to a hospital during
the last month, the other three. These figures certainly do not
represent even one-half of the probable number of cases, for many
do not seek hospital care, yet even these would mean an average
yearly of 36 and 48 cases, respectively.
The report does not claim to be more than a preliminary view of the
field, indicating where more study is needed. It was impossible in
the limited time and with the limited means available to make any
thing like a complete survey, to show how many were exposed to
given dangers or to obtain full data as to the number and severity
of the cases of lead poisoning annually occurring. It gives some
indication of the annual amount of physical suffering, impaired
capacity, and economic loss suffered by workers in the lead trades
in Illinois, and it shows— in some cases by citing conditions prevailing
abroad, in others by the experience of the more enlightened and
careful employers in Illinois— how the dangers attendant on the
various lead employing industries can be reduced or wholly obviated.
The study by Dr. Hayhurst of brass working in Chicago and zinc
smelting in La Salle County shows that numerically these are less
important than the lead employing industries. The risks seem less
and the toxic effects, when incurred, less immediately and acutely
harmful. Nevertheless, the work is very generally recognized as
unhealthful. The brass worker’s danger comes principally from zinc,
though lead and other metals are used in some branches of the
industry. In plating, polishing, and lacquering acid fumes and
metallic dusts are encountered. Zinc is one of the important con
stituents of all the brass compounds, and as it volatilizes at a much
198
BULLETIN OF THE BUREAU OF LABOR.
lower point than copper, the other leading constituent, it is given
off freely whenever brass is made or superheated after having been
made. Also, it is given off very freely when the ores containing zinc
are smelted. Inhaling these fumes is liable to cause a peculiar affec
tion known as brass founders’ ague. This, Dr. Hayhurst found, was
very common among workers in brass foundries, zinc smelters, and
other foundries in which zinc and zinc alloys are poured. This disease
is practically never found in foundries with good ventilation, either
natural or artificial. It is not regarded as serious by the workmen
themselves, who rarely consult a doctor for it, but continued exposure
to the conditions producing it tends to establish chronic diseases
affecting the lungs, digestive tract, nervous system, and kidneys, so
that occupational ill health is common. Of 187 workmen questioned,
146 complained of trade sickness or disease. In view of the recent
discussions of the toxic effects of fatigue it is interesting to find the
workmen themselves assigning overwork as a cause of occupational
disease. “ Workmen complain that they are now inquired to do
from one-half to double again as much as they were wont to do 10 to
20 years ago.”
In the polishing, plating, and buffing processes the risks from metal
lic dusts and acid fumes are those found wherever such processes are
carried on, and can be minimized or wholly done away with by the
use of hoods and exhausts. There was considerable variation in
the degree to which these devices were used. .Of 30 plating firms
visited, 27 had processes involving the use of large tanks of potassium
cyanide solutions, and only 3 had any devices for removing the
fumes rising from these.
In the zinc smelters the employees, about 2,000 in number, were
almost exclusively Polish; no women and only a small per cent of
boys and youths were employed. In the foundries and brass
working shops, a considerable proportion of English-speaking work
men were found. Women were employed to a limited extent in the
foundries as coremakers, and in the brass-working shops mainly in
the lacquering rooms and at polishing and buffing.
The study as a whole shows considerable risk to health in the
industries considered, due in part to the nature of the materials used,
but more to imperfect ventilation and other unhygienic conditions
which might easily be remedied.
Owing not only to the enormous amounts of gas produced in the steel
industry, but also to the large numbers of men engaged in it, the
investigation into carbon monoxide poisoning was practically con
fined to the five large steel plants in South Chicago and Joliet. The
peculiar intoxication produced by exposure to this gas in sufficient
quantities is well known; the chief concern of the investigators—
Drs. Matthew Karasek and George L. Apfelbach, under the direction
IL L IN O IS COMMISSION" ON OCCUPATIONAL* DISEASES.
199
of Dr. Walter S. Haines— was to determine the effect of frequent or
constant exposure to smaller amounts of the gas. In this respect the
results obtained were inconclusive. A critical examination was made
of 240 workers who were frequently exposed to the gas, but though
the great majority of them were under par physically it was extremely
difficult to decide how much of this was due to carbon monoxide and
how much to such other factors, as unhygienic living, alcoholic
excesses, etc. One constant and striking feature presented itself,
however— a deficient muscular power, as indicated by the hand
dynamometer.
This was so marked that a comparison was made between steel
workers and two groups of other workers. This gave the following
results in 400 cases selected as being strictly comparable:
Ages 20-40. Steel company workers, South Chicago, exposed to
CO. average strength, 117.13; ages over 40, average strength, 94.30.
Ages 20-40. Car company workers not exposed to CO, general
hygiene, etc., good, average strength, 146.11; ages over 40, average
strength, 127.35.
Ages 20-40. Workers in three companies not exposed to CO, gen
eral hygiene ordinary, average Strength, 134.43; ages over 40,
average strength, 113.01.
Mentally a majority of the men examined seemed below the average,
but since nearly all used alcoholic liquors and 70 per cent admitted
using them in excessive quantities, the investigators found it very
difficult to decide what part in producing this condition should be
ascribed to CO. “ Since it is a well-known fact, however,” they say,
“ that prolonged exposure to carbon monoxide may produce a pro
found impression on the nervous system, we regard it as by no means
improbable that a part of the sluggish mentality observed among the
steelworkers may be due to frequent exposure to the gas. Further
investigation along this line is to be strongly recommended.”
The prevalence of such exposure to the gas may be judged from
the number of cases of gassing occurring yearly. At the time of the
investigation the steel works were running at half or less than half
of their full capacity. Of 10,000 men employed, 1,178 were working
in the following departments and showed the following number of
cases of poisoning:
Departments.
Number
of men
em
ployed.
Blast furnaces............................
900
Boiler houses.............................
212
Gas engine.................................
Open hearths.............................
42
24
Fatal cases.
13 during past 4
years.
1 in 1910.................
Severe
cases
per
year.
Mild cases per
year.
63
216
1
55, estimated from
findings.
Variable................
Variable................
4
1
Sequellse.
3 permanent
psychoses.
200
BULLETIN OF THE BUREAU OF LABOR.
The dangers arising from this form of poisoning are greater than
either the frequency or severity shown in the above table indicate,
since even a mild degree of poisoning produces unconsciousness and
a consequent risk of falling, sometimes from a height, sometimes
against hot furnaces or metals, or into other dangerous positions.
“ Of 22 men acutely gassed, 3 showed notable burns and 3 showed
bruises. * * * One worker was burned almost to a crisp before
being taken out, and another fell to his death 25 feet below. Many
other illustrations like these could be given.”
The investigators find that within the past decade or two there
has been a marked decrease in the cases of poisoning of this kind
occurring in the Illinois Steel Works. This is partly due to the
introduction of safer furnaces and methods of conveying gas, partly
to greater care in keeping employees out of dangerous places, the
use of oxygen helmets for those obliged to work in the most hazard
ous places, and the education of employees as to the dangers by
oral or printed instructions. They recommend further precautions
along the same or similar lines.
The effect upon health of turpentine as used in the painters and
varnishers’ trade forms the subject of a brief study by R. H. Nicholls
and Drs. Flynn and Hayhurst. Observations were made upon a
total of 62 men engaged in indoor branches of the work, because
turpentine vapors are much less harmful when work is carried on in
the open air. The age of those studied varied from 24 to over 60
years, only 9 being 51 years or over; the length of time they had
spent at their trade varied from 2 to over 36 years. Nearly all
claimed to have suffered from the effects of turpentine vapor more
or less frequently; 14 were found to have organic diseases presump
tively due to this cause, 21 had inflammation of the eye, 14 complained
of respiratory symptoms, and 54 of urinary disturbances. Accord
ing to their own statements these men had lost 1,098 days, represent
ing about $5,200 in wages, through sickness from temporary effects,
or actual acute Bright’s disease following the inhalation of tur
pentine vapors. Five of the 62 had received benefits from their
unions aggregating $236, but none had received any compensation
from employers. Nine had sought charitable relief from dispensaries
and hospitals. The particularly striking point in connection with
these figures is that the loss, both physical and economical, involved
in this form of industrial injury is absolutely unnecessary, since the
simple measure of providing proper ventilation in places where the
work is done would safeguard the men absolutely against the
harmful effects of these fumes.
A report on caisson or compressed-air disease is presented by Dr.
Peter Bassoe, who gives a r6sum6 of the most important studies of
the subject, with the results of a personal investigation of 167 men
ILLINOIS COMMISSION ON OCCUPATIONAL DISEASES.
201
who had suffered one or more attacks of the disease. From a lay
man's point of view the most striking points about the disease are that
its symptoms are unique, so that when a case occurs there is no dan
ger of its being mistaken for something else; that its cause and nature
seem to be fully established and that preventive measures are well
understood and, when carefully enforced, are markedly successful.
The disease seems to be directly due t6 the well-known law of physics
that a liquid can hold in solution a volume of gas proportioned to the
pressure of that gas in the atmosphere to which the liquid is exposed.
While at work in compressed air the men are exposed to a heavier
atmospheric pressure than in free air. Consequently their blood
absorbs a larger volume of nitrogen— that being by far the most
voluminous constituent of air— that it can hold in solution under
normal pressure. If, then, a worker whose blood has become thus
saturated with gas under the pressure of the caisson atmosphere
passes into the decreased pressure of a normal atmosphere the gas
may be set suddenly free, causing bubbles in the blood vessels, inter
fering with the circulation and sometimes leading to permanent
injuries.
The preventive measures are threefold. First, there should be a
careful selection of workers, as some are more susceptible than others.
.Young men are less apt to be affected than the middle aged, and
men of spare build have an advantage over the fat. Men who already
have any organic diseases are particularly liable to* injury. Next,
the time spent in the caisson should be inversely proportioned to the
pressure under which work is carried on. And third, and possibly
most important of all, the passage from the compressed to the natural
air should be a gradual and graduated process, the men on leaving
the caisson being kept in a lock in which the air pressure is gradually
reduced until they may with safety pass out. How long this process
should take depends both on the length of the working shift and the
pressure to which the workers have been exposed. The New York
law provides that decompression shall be at the rate of 3 pounds
every two minutes, unless the pressure shall be over 36 pounds, in
which event the decrease of pressure shall be at the rate of 1 pound
per minute.
Only one method of treatment is known for this disease: Placing
the sufferer again in compressed air, and, after keeping him there
some time, gradually reducing the pressure. In severe cases it may
be necessary to repeat this treatment several times. If it can be
applied as soon as the characteristic symptoms manifest themselves
it is usually strikingly successful.
In his personal investigations Dr. Bassoe found 161 men who had
suffered from caisson disease, some of them having had several
attacks. All but 20 of these had had severe pains, usually in the
202
BULLETIN OF THE BUREAU OF LABOR.
limbs, the so-called “ bends.” Thirty-four had had paralysis and 12
showed symptoms of some degree of permanent disease of the spinal
cord. Eighty-seven had various affections of the ear, and 65 of these
had resulting impairment of hearing. The most striking feature
about the table is the comparatively short time in which the men,
as a rule, had passed out from compressed to normal air.
The study closes with some suggestions for desirable legislation
on the subject and the text of the laws regulating compressed-air
work in New York and in Holland and in France.
In addition, the volume contains several studies dealing with
rarer industrial diseases, and preliminary reports which, through lack
of time, are too incomplete to indicate much more than the need for
further investigation. Drs. Shambaugh and Boot made a study of
occupational deafness, showing that danger of this exists in numerous
lines of work where its presence is not generally suspected. Noiseproducing occupations are, of course, especially objectionable from
this point of view, but the volume of sound seems to be of little
importance as compared with its pitch. Shrill, high-pitched tones
readily result in injury to the nerve of hearing, while low-pitched
sounds, no matter what their volume, seem to work no harm.
Drs. Lane and Ellis examined 500 Illinois miners in a search for
miners, nystagmus without finding a single case. Increased use of
machinery and changes in method of mining, they conclude, are
making this rare disease still rarer.
Dr. and Mrs. Matthew Karasek make a preliminary report on
poisons used in photography, photo-engraving, silvering mirrors,
and etching glass, and in their very brief outline indicate, in addition
to what may possibly be necessary dangers, some wholly needless
risks to which workers are exposed. For instance, among photo
engravers, where the most deadly poisons are freely used, they
found that very commonly there were “ no posters, instructions, or
warnings to employees regarding poisonous and dangerous chemicals;
neither were labels present on any of the bottles containing potas
sium cyanide or other chemicals used in the rooms.”
The report closes with a section on the legal side of the question,
giving drafts of proposed laws for the regulation of some of the dan
gerous trades, and including an abstract of the chief provisions found
in European legislation concerning the health and safety of workers.
The commissioners are careful to explain that they regard the proposed
laws only as a first step toward what should be accomplished. They
recommend that the investigation be continued by the same or
another body having more time and larger funds at its disposal.
RECENT FOREIGN STATISTICAL PUBLICATIONS.
AUSTRIA.
Die ArbeitseinsteUungen und Aussperrungen in Osterreich wahrend
des Jahres 1908. Herausgegeben vom k. k. Arbeitsstatistischen
Amte im Handelsministerium.
169, 308 pp.
This volume contains the fifteenth annual report of the Austrian
Government on strikes and lockouts. The information, which is
compiled by the Austrian Bureau of Labor Statistics, is given in
the form of an analysis and six tables showing: (1) Strikes according'
to geographical distribution; (2) strikes according to industries; (3)!
general summary of strikes; (4) comparative summary of strikes for
the 10-year period 1899-1908; (5) details for each strike in 1908;
(6) details for each lockout in 1908. An appendix gives a brief review
of industrial and labor conditions in Austria, statistics of trade*
unions, and notes concerning the strikes and lockouts reported in the
preceding pages of the report.
Strikes in 1908.— The number of strikes and the number of estab
lishments affected by strikes, as well as the number of strikers and the
number of persons affected by the strikes, show a marked decrease
as compared with 1907. The number of strikes during 1908 was 721;
the number of establishments affected was 2,702; the number of
persons employed in these establishments was 135,871, and of this
number 78,562 went on strike. Of the 78,562 persons on strike, 3,771
were dismissed and 3,304 found other work after the strike.
The average number of strikers to each strike in 1908 was 109, as
compared with 163 in 1907, 142 in 1906, and the number of strikes as
compared with the number of establishments affected was in the
proportion of 1 to 3.7, as compared with 5.6 in 1907 and in 1906.
In other words, the strikes of 1908, measured by the number of estab
lishments affected by a strike, and the average number of strikers for
each strike, were considerably less important in 1908 than in either
1907 or 1906.
The introduction to the report calls attention to the fact that
estimates of the losses occasioned by the strikes must be accepted
only with many reservations. On this basis the wage loss of 78,562
strikers, who were out 1,011,036 days, is estimated at 3,083,000
crowns ($625,849); of this amount 147,800 crowns ($30,003) was
caused by the strikes which were successful, 1,920,800 crowns
203
204
b u l l e t in
of t h e b u r e a u o f la b o r .
($389,922) by the partly successful strikes, and 1,014,400 crowns
($205,924) by the strikes which failed. In addition 7,810 persons
not on strike were thrown out of work, and their loss in wages is
estimated to have been 227,000 crowns ($46,081).
The number of lockouts in 1908 was 35, as com pared with 26 in 1907.
The follow ing table shows by industries the number o f strikes, the
number of establishments affected, the number of strikers, etc., for
the year 1908:
s t r ik e s ,
a f f e c t e d , s t r ik e r s , a n d
oth er
TH RO W N OUT OF W O R K , B Y IN D U STR IE S, 1908.
e s t a b l is h m e n t s
em plo yees
Strilters.
Industries.
Mining and metallurgical....................
Quarrying products of stone, clay,
glass, etc............................................
M etalworking......................................
Machinery, instruments, apparatus,
Estab
lish
Strikes. ments
af
fected.
Total
em
ploy
ees.
Per
Num ofcent
total
ber.
em
ployees.
Other
New
em
Strik
em
ployees ers re- ployees
thrown emout of ployed. strike.
work.
81
107
51,364
26,803
52.2
1,448
26,505
18
95
58
170
419
10,318
9,484
5,939
4,605
57.6
48.6
1,022
1,149
4,994
3,903
424
374
44
8,503
W oodworking, caoutchouc, carved
materials, etc.....................................
Leather, hides, hair, feathers, etc.......
Textiles.................................................
Upholstering and paper hanging........
Wearing apparel, cleaning, etc............
Paper.....................................................
Foods and drinks (including tobacco.).
Hotels, restaurants, etc........................
Chemical products..............................:
Building trades....................................
Printing...............................................
Commerce.............................................
Transportation.....................................
Other.....................................................
3,980
46.8
126
3,638
72
53
18
59
3
47
6
41
6
8
145
10
10
27
17
230 2,296
873
30
65 12,907
514
167
'240 3,118
1,549
44
150 4,913
804
57
477
8
421 20,744
16
451
10
378
5,888
501
23
1,290
1,742
719
7,284
462
2,170
1,304
3,746
716
265
12,664
271
315
4,444
1,133
75.9
82.4
56.4
89.9
69.6
84.2
76.2
89.1
55.6
61.0
60.1
83.3
75.5
87.8
86
66
1,664
10
1,848
81
8
63
4
1,339
663
6,665
404
1,959
1,283
2,879
710
206
10,354
254
287
4,335
1,109
195
38
311
2
86
20
423
4
20
1,826
11
28
78
20
Total............................................
721
2,702 135,871
78,562
58.5
7,810
71,487
3,950
37
40
109
86
The industries in which the largest number of strikes occurred
were the building trades with 145 strikes, quarrying with 95 strikes,
and mining and metallurgical with 81 strikes. Each of three other
groups had over 50 strikes; textiles with 59, metal working 58, and
woodworking, caoutchouc, ete., 53. In each of the following indus
tries more than 5,000 workers were on strike: Mining, etc., indus
tries with 26,803 strikers, building trades industries with 12,664
strikers, textile industries with 7,284 strikers, and quarrying, etc.,
industries with 5,939 strikers. These four industries included 52,690
strikers, or 67.2 per cent of the total number of strikers.
The following table shows the causes of strikes for 1908, by
industries:
205
FOREIGN STATISTICAL PUBLICATIONS— AUSTRIA,
STRIK ES B Y IN DU STRIES AND CAUSES O R OBJECTS, 1908.
(Strikes due to two or more causes have been tabulated under each cause; hence the industry totals of this
table; if com puted, would not agree with those of the preceding table.)
Industries.
Against For in For re
reduc crease duction
tion of
of
of
wages. wages. hours.
M in in g and metallurgical....................
Quarrying, products of stone, clay,
' glass, e tc............................................
Metal working......................................
Machinery, instruments, apparatus,
etc......................................................
W oodworking, caoutchouc, carved
materials, etc.....................................
Leather, hides, hair, feathers, etc.......
Textiles.................................................
Upholstering and paper h a n g in g .........
Wearing apparel, cleaning, etc............
Paper....................................................
Foods and drinks (including tobacco).
Hotels, restaurants, etc........................
Chemical products...............................
Building trades....................................
Printing................................................
Commerce.............................................
Transportation.....................................
Other....................................................
1
11
9
11
2
5
1
13
13
2
3
14
5
21
9
1
9
4
1
33
15
34
1
40
3
32
4
4
117
3
7
20
12
21
6
11
1
15
1
9
1
3
1
8
4
2
7
10
1
1
3
2
490
138
48
66
30
2
1
1
1
1
Total...........................................
3
11
21
5
3
3
2
19
For dis
charge Against Against Against
of fore obnox
dis
Other
ious
men,
charge obnox
ious causes.
work treat of em rules.
men, ment, ployees.
etc.
1
27
1
4
i
1
1
1
4
1
1
21
3
2
1
4
3
11
3
1
6
87
8
1
5
1
4
2
1
1
9
4
1
1
4
43
80
As in previous years, the demands of the strikers were most fre
quently for increase of wages and for reduction of hours, the first
demand occurring in 490 strikes and the second in 138 strikes.
The following table shows the number of strikes and of strikers in
each group of industries in 1908 by results:
STRIK ES AN D STR IK E R S, B Y IN DU STRIES AND RESU LTS, 1908.
Strikes.
Industries.
Suc
Suc
Suc ceeded
Suc ceeded
Failed. Total. ceeded.
Failed. Total.
ceeded. partly.
partly.
Mining and metallurgical....................
Quarrying products of stone, clay,
glass, etc............................................
Metal working......................................
Machinery, instruments, apparatus,
etc......................................................
W oodworking, caoutchouc, carved
materials, etc.....................................
Leather, hides, hair, feathers, etc.......
Textiles.................................................
Upholstering and paper hanging.......
Wearing apparel, cleaning, etc............
Paper....................................................
Foods and drinks (including tobacco).
Hotels, restaurants, etc........................
Chemical products...............................
Building trades....................................
Printing................................................
Commerce.............................................
Transportation.....................................
Other....................................................
Total
Per cent__
13
23
45
19
10
33
37
15
18
15
12
5
10
23
10
27
18
3
1
12
1
15
2
2
34
3
4
5
8
160
22.2
85048°—Bull. 92—11----- 14
Strikers.
1
24
3
13
3
3
63
3
3
13
4,085
5,409
17,309
26,803
882
267
3.191
3,512
1,866
826
5,939
4,605
247
2,606
1,127
3,980
145
10
10
27
17
217
117
443
3
199
24
995
630
25
1,126
57
76
611
158
1,121
525
3,880
450
1,736
1.191
2,303
83
119
6,931
98
70
3,367
744
404
77
2,961
9
235
89
448
3
121
4,607
116
169
466
231
1,742
719
7,284
462
2,170
1,304
3,746
716
265
12,664
271
315
4,444
1,133
721
100.0
10,162
12.9
37,336
47.5
31,064
39.6
78,562
100.0
37
1
11
18
59
3
47
13
41
22
2
1
3
48
4
6
308
42.7
81
253
35.1
6
6
8
206
BULLETIN OF THE BUREAU OF LABOR.
The following table shows the number of strikes and of strikers in
1908 according to duration and results:
STR IK E S AN D ST R IK E R S, B Y DU R A TIO N AND RESU LTS, 1908.
Strikes.
Days of duration.
Strikers.
Suc
Suc
Suc ceeded
Suc ceeded
Failed. Total. ceeded.
Failed. Total.
ceeded. partly.
partly.
1 to 5 .....................................................
6 to 10....................................................
11 to 15..................................................
16 to 20..................................................
21 to 25..................................................
26 to 30..................................................
31 to 35..................................................
36 to 40..................................................
41 to 50..................................................
51 to 100................................................
101 and over.........................................
99
26
13
6
4
3
1
1
2
4
1
102
54
35
28
15
6
7
7
16
23
15
134
36
20
11
12
4
7
3
4
14
8
335
116
68
45
31
13
15
11
22
41
24
6,084
2,670
849
192
63
38
43
44
25
146
8
12,889
6,134
3,233
4,259
1,092
815
809
520
1,249
3,613
2,723
20,092
4,400
549
2,411
780
43
644
173
210
878
884
39,065
13,204
4,631
6,862
1,935
896
1,496
737
1,484
4,637
3,615
Total...........................................
160
308
253
721
10,162
37,336
31,064
78,562
Strikes during F ifteen Y ears .— The summaries for the years
1894 to 1908 were compiled partly from the report for 1908 and
partly from previous reports. The following table shows the number
of strikes and strikers, establishments affected, and working-days
lost in Austria for the period during which the Ministry of Commerce
has published reports on strikes:
STRIK ES AND STR IK E R S, ESTABLISHM ENTS AFFE C TE D , AND W ORKIN G-DAYS LOST,
B Y Y E A R S , 1894 TO 1908.
Years.
1894..............................................................................
1895..............................................................................
1896..............................................................................
1897..............................................................................
1898..............................................................................
1899..............................................................................
1900..............................................................................
1901..............................................................................
1902..............................................................................
1903..............................................................................
1904..............................................................................
1905..............................................................................
1906..............................................................................
1907..............................................................................
1908..............................................................................
Strikes.
172
209
305
246
255
311
303
270
264
324
414
686
1,083
1,086
721
Per cent
Estab
of strik W orkinglish
Strikers.
ers
of to
ments
tal em days lost.
affected.
ployees.
2,542
874
1,499
851
885
1,330
1,003
719
1,184
1,731
2,704
3,803
6,049
6,130
2,702
67,061
28,652
66,234
38,467
39,658
54,763
105,128
24,870
37,471
46,215
64,227
99,591
153,688
176,789
78,562
69.5
59.9
65.7
59.0
59.9
60.2
67.3
38.5
44.0
60.5
64.3
63.6
55.6
61.5
57.8
795,416
.300,348
899,939
368,098
323,619
1,029,937
3,483,963
157,744
284,046
500,567
606,629
1,151,310
2,191,815
2,087,523
1,011,036
207
FOREIGN STATISTICAL PUBLICATIONS— AUSTRIA,
The number of strikes and the number of strikers for each year of
the 15-year period are shown, by industries, in the following table:
STRIK ES AND STR IK E R S, B Y IN DU STRIES AND Y E A R S , 1894 TO 1908.
STRIKES.
Years.
W ood
Ma
Quarry
chinery, working,
ing;
Mining products
caout
instru
Building
Metal
anti
chouc, Textiles. trades.
ments,
stone, working.
metal ofclay,
carved
appa
lurgical.
materi
ratus,
glass,
als, etc.
etc.
etc.
Other.
Total.
1894...........
1895...........
1896...........
1897...........
1898...........
1899...........
1900...........
1901...........
1902...........
1903...........
1904...........
1905...........
1906...........
1907...........
1908...........
13
4
11
25
29
26
40
40
63
40
36
4368
144
81
22
29
29
27
27
21
19
29
24
18
38
76
108
96
95
23
37
33
26
26
32
26
22
18
34
44
65
80
90
58
7
6
14
20
13
24
13
15
15
13
27
45
56
54
37
23
38
55
28
28
35
34
27
20
48
41
53
118
105
53
34
29
43
28
28
84
56
28
34
44
37
54
130
152
59
11
24
42
34
49
33
23
24
22
37
80
188
184
198
145
39
42
78
58
55
56
92
85
68
90
111
162
339
247
193
172
209
305
246
255
311
303
270
264
324
414
686
1,083
1,086
721
Total.
663
658
614
359
706
840
1,094
1,715
6,649
STRIKERS.
208
BULLETIN OF THE BUREAU OF LABOR.
The causes of strikes for each year of the period are shown in the
following table, the cause and not the strike being the unit:
STRIK ES, B Y CAUSES AN D Y E A R S , 1894 TO 1908.
(Strikes due to two or more causes have been tabulated under each cause; hence the yearly totals for this
table, if com puted, would not agree w ith those for the preceding tables.]
Years.
Against
reduc
tion of
wages.
For
change
For
in
increase
of wages. method
of pay
ment.
1894...........
1895...........
1896...........
1897...........
1898...........
1899...........
1900...........
1901...........
1902...........
1903...........
1904...........
1905...........
1906...........
1907...........
1908...........
23
19
28
26
33
29
26
28
28
30
22
24
13
16
19
53
89
140
116
124
143
152
116
127
151
213
402
694
758
490
Total.
364
3,768
For
reduc
tion of
hours.
5
6
8
7
8
5
6,
7
7
6
5
3
4
3
4
84
For dis Against
charge
obnox
of
ious
foremen,
treat
work
ment.
men, etc.
Against
dis
charge
of em
ployees.
obnox
ious
rules.
Other
causes.
19
31
67
47
54
73
69
46
52
61
91
151
298
289
138
12
22
32
26
29
17
13
28
9
36
20
46
73
60
21
5
2
5
13
9
5
10
4
2
2
6
3
4
4
3
35
31
40
32
36
40
36
36
37
51
70
130
193
124
87
16
8
12
18
20
18
14
15
25
15
30
16
31
40
43
31
37
34
45
39
40
53
33
36
33
43
52
59
75
76
1,486
444
77
888
321
686
The following table shows, for both strikes and strikers, during
each year of the period, the results expressed in percentages:
PE R CENT OF STRIK ES AND OF STRIK ER S, B Y RESU LTS, FOR EACH Y E A R , 1894
TO 1908.
Strikers.
Strikes.
Number.
Per cent
suc
ceeded.
Per cent
suc
ceeded
partly.
172
209
305
246
255
311
303
270
264
324
414
686
1,083
1,086
721
25.0
26.8
21.0
17.5
18.8
15.4
20.1
20.7
19.7
17.3
24.4
21.9
22.2
17.2
22.2
27.9
24.9
36.4
37.0
41.2
45.0
44.9
36.3
39.0
43.5
44.4
51.2
47.4
54.5
42.7
Years.
1894.............................
1895.............................
1896.............................
1897.............................
1898.............................
1899.............................
1900.............................
1901.............................
1902.............................
1903.............................
1904.............................
1905.............................
1906.............................
1907.............................
1908.............................
cent
cent Per
suc
Per cent Number. Per
suc
failed.
ceeded
ceeded.
partly.
47.1
48.3
42.6
45.5
40.0
39.6
35.0
43.0
41.3
39.2
31.2
26.9
30.4
28.3
35.1
67,061
28,652
66,234
38,467
39,658
54,763
105,128
24,870
37,471
46,215
64,227
99,591
153,688
176,789
78,562
9.2
12.8
4.6
15.7
8.4
10.2
4.7
20.1
13.9
10.0
18.6
14.0
12.0
10.3
12.9
37.3
60.7
62.8
47.8
66.4
72.0
85.5
47.8
52.6
68.0
41.4
71.6
66.4
69.0
47.5
Per cent
failed.
53.5
26.5
32.6
36.5
25.2
17.8
9 .8 .
32.1
33.5
22.0
40.0
14.4
21.6
20.7
39.
L ookouts.— There were 35 lockouts reported in 1908 as compared
with 26 in 1907. The number of lockouts due to reported causes
were 14 due to differences concerning wages and hours o f labor, 12
due to strikes, and 5 to threatened strikes, and 4 due to other causes.
209
FOREIGN STATISTICAL PUBLICATIONS— AUSTRIA.
The following table shows the number of lockouts, establishments
affected, and number of employees locked out for each year of the
period, 1895 to 1908:
LOCKOUTS, ESTABLISHM ENTS A FFECTED , AND EM PLOYEES LOCKED OUT, B Y
Y E A R S, 1895 TO 1908.
Lock
outs.
Years.
1895..................................................................................
1896.........................: .......................................................
1897..................................................................................
1898..................................................................................
1899..................................................................................
1900..................................................................................
1901..................................................................................
1902..................................................................................
1903..................................................................................
1904..................................................................................
1905..................................................................................
1906.................................................................................
1907..................................................................................
1908..................................................................................
Em
Estab
lishments ployees
affected. locked
out.
Per cent
of em
ployees
locked
out of
total em
ployees.
Em
ployees
locked
out and
reem
ployed.
8
10
11
17
211
12
2,317
5.445
1,712
51.2
79.5
54.4
2,183
4,589
1,647
5
10
3
8
8
6
17
50
26
35
38
58
3
9
71
605
448
1,832
236
268
3,457
4,036
302
1,050
1,334
23,742
11,197
67,872
14,539
9,588
60.9
75.8
70.4
49.9
51.8
99.2
75.2
84.3
78.4
71.4
3,448
3,703
302
1,003
905
23,717
9,614
64,549
14,270
8,699
FRANCE.
Statistique des Greves et des Recours d la Conciliation et a VArbitrage Survenus Pendant TAnnSe 1908. Direction du Travail, Ministfere du
Travail et de la Prfivoyance Sociale.
xviii, 550 pp.
The present volume is the eighteenth of a series of annual reports
on strikes and conciliation and arbitration issued by the French
Labor Bureau. The information is presented in the same form as in
previous reports.
Strikes .— During the year 1908 there were 1,073 strikes, involving
4,641 establishments, 99,042 strikers, and 9,196 other persons thrown
out of work on account of strikes. Of the strikers 89.3 per cent were
men, 8.1 per cent were women, and 2.6 per cent were children. The
strikes caused a loss of 1,479,071 working-days by strikers and 241,672
by other employees thrown out of work, a total of 1,720,743 workingdays. In 1907 there were 1,275 strikes, in which 197,961 strikers
were involved, causing a loss of 3,048,446 working-days by the strikers,
and a total of 3,562,220 working-days for strikers and other persons
thrown out of work by reason of strikes. The average number of
days lost per striker in 1908 was 15, being the same as in 1907.
Of the 1,073 strikes in 1908, 841 involved but 1 establishment
each, 86 involved from 2 to 5 establishments, 53 involved from 6 to 10
establishments, 49 involved from 11 to 25 establishments, 35 involved
from 26 to 50 establishments, and 7 involved from 51 to 100 estab
lishments. Of the remaining strikes 2 involved over 100 establish
ments each, 1 involved 200, and 1 involved 300 establishments. In
210
BULLETIN OP THE BUBEAU OF LABOB.
one strike o f agricultural laborers the exact number of establishments
affected could not be ascertained.
In 837 strikes all or a part of the striking employees were organized.
The employers were organized in 557 strikes. Five workingmen’s
unions and 5 employers’ associations were organized during the
progress of or immediately following strikes. As a result of strikes
5 workingmen’s unions and 1 employers’ association dissolved. In
46 strikes regular aid was given by labor organizations to their
striking members and in some cases to strikers not members. In 2
strikes, employees who remained at work gave a part o f their earnings
to an association furnishing aid to strikers.
Of the 1,073 strikes, 185, or 17.24 percent of all strikes, involving
20,133 strikers, or 20.33 per cent of all strikers, succeeded; 324
strikes, or 30.20 per cent of all strikes, involving 46,599 strikers, or
47.05 per cent of all strikers, succeeded partly; and 564 strikes, or
52.56 per cent o f all strikes, involving 32,310 strikers, or 32.62 per
cent o f all strikers, failed. In 688 strikes the striking employees
were tim e workers, while in 183 others, they worked by the piece, and
in the remaining 202 by both time and piece.
The following table shows, by groups of industries, the number of
strikes, strikers, and establishments affected, according to the results
of strikes; also the days o f work lost by all employees and the number
o f strikers per 1,000 working people in each group o f industries for
the year 1908:
ST R IK E S, ESTABLISHM ENTS A FFE C TE D , AND ST R IK E R S, B Y RESU LTS, AND W O R K .
IN G -D AYS LO ST, FOR EACH GROU P OF IN D U STRIE S, 1908.
Succeeded
partly.
Succeeded.
Failed.
Total.
Industries.
Strikes.
Agriculture, forestry, and fisheries___
M in in g .......................................................
Quarrying.............................................
Foods ana drinks.................................
Chemical products (including tobacco)
Paper ana printing..............................
Leather ana hides................................
Textiles.................................................
Wearing apparel, cleaning, etc............
W oodworking, carved materials, e tc..
Building trades (w oodw ork). . . . . . . . .
Metallurgical........................................
Metal working, m achinery, instru
m ents, apparatus, etc.......................
Jewelry, gold and silver working.......
Stone cutting, products of stone, clay,
glass, etc............................................
Building trades (stone and earth
w ork).................................................
Transportation, commerce, etc...........
T otal...........................................
14
12
2
2
2
4
5
24
4
7
Estab
Estab
Estab
Estab
lish Strikes. lish Strikes. lish Strikes. lish
ments.
ments.
ments.
ments.
8
11
22
14
61
10
20
9
3
173
16
17
19
11
30
28
127
143
42
33
3
40
35
28
14
24
37
40
129
21
35
29
6
906
35
96
75
24
55
181
211
245
85
284
35
1
36
1
65
1
297
1
1
427
7
77.
28
11
18
145
60
97
35
180
2
10
16
28
2
7
8
24
5
8
71
1
16
7
17
4
11
11
21
44
7
8
14
2
7
27
23
234
6
306
12
2
9
6
8
59
23
50
25
25
56
134
70
17
178
117
88
28
997
169
271
39
471
74
429
84
1,646
360
185
855
324
2,537
564
1,249
1,073
4,641
211
FOREIGN STATISTICAL PUBLICATIONS— FRANCE.
STRIK ES, ESTABLISHM ENTS AFFE C TE D , AND ST R IK E R S, B Y RESU LTS, AND
IN G-DAYS LOST, FO R EACH GROUP OF IN D U STRIES, 1908-Conduded.
Strikers in strikes which—
Industries.
Suc
ceeded
partly.
Suc
ceeded.
Total
strikers.
Failed.
WORE*
W orkingStrikers
days
per 1,000
lost by
working
by
all
people in employees
each
thrown
out
industry.1 of work.
Agriculture, forestry, and fisheries___
M ining..................................................
Quarrying.............................................
Foods and drinks.................................
Chemical products (including tobacco)
Paper and printing.............................
Leather and hides................................
Textiles.................................................
Wearing apparel, cleaning, etc............
W oodworking, carved materials, e tc..
Building trades (w oodw ork)..............
Metallurgical........................................
Metal working, m achinery, instru
m ents, apparatus, e tc ......................
Jewelry, gold and silver working.........
Stone cutting, products of stone, clay,
glass, etc............................................
Building trades (stone and earth
w ork).................................................
Transportation, commerce, etc...........
3,020
2,168
72
133
344
347
237
1,379
253
424
541
12
2,572
2,781
3,860
78
437
899
2,674
5,499
1,480
727
948
100
1,077
1,816
775
1,209
526
592
404
3,506
860
1,140
195
276
6,669
6,765
4,707
1,420
1,307
1,838
3,315
10,384
2,593
2,291
1,684
388
2.25
37.19
77.08
2.23
11.43
13.91
21.13
16.84
5.48
9.36
(2)
5.49
54,609
25,977
52,553
50,538
5,458
22,007
42,502
256,803
13,619
80,412
15,344
3,384
407
2,517
2,500
40
5,424
40
9.92
1.88
83,455
133
822
2,456
1,747
5,025
33.30
233,990
7,941
2,033
15,273
4,298
11,888
3,759
35,102
10,090
•71.13
9.27
647,951
132,008
Total...........................................
20,133
46,599
32,310
99,042
<18.12
1,720,743
1 Based on the census of 1901.
•Included in building trades (stone and earth work).
•Including building trades (woodwork).
•Based on the total number of industrial working people in France in 1901.
Of the 17 groups of industries above shown, building trades (stone
and earth work) and textiles together furnished 52 per cent of the
total number of strikes during the year; with regard to the number
of strikers, these 2 groups furnished 45.9 per cent.
The principal data as to strikes are shown, by causes, in the table
following:
ST RIK ES, ESTABLISHM ENTS AFFECTED , AND STR IK E R S, B Y RESU LTS, AND W O R K
IN G-DAYS LOST, FOR EACH CAUSE, 1908.
[Strikes due to two or more causes have been tabulated under each cause; hence the totals for this table,
if com puted, would not agree with those for preceding tables.]
Succeeded
partly.
Succeeded.
Causes or objects.
Strikes.
For increase of wages...........................
Against reduction of wages.................
For reduction of hours, with present
or increased wages............................
Relating to tim e, m ethod, etc., of
wage payments.................................
For or against modification of condi
tions of work.....................................
Against piecework................................
For or against m odification of shop
rules...................................................
For abolition or reduction of fines___
Against discharge or for reinstate
ment of workmen, foremen, or
superintendents................................
For discharge of workmen, foremen,
or superintendents...........................
For discharge of female employees___
For lim itation of number of appren
tices....................................................
Relating to deductions from wages for
support of insurance and aid funds.
Other causes.........................................
119
10
Failed.
Total.
Estab
Estab
Estab
Estab
lish Strikes. lish Strikes. lish Strikes. lish
ments.
ments.
ments.
ments.
740
14
211
9
2,192
9
298
19
745
63
628
38
3,677
86
42
514
18
390
90
434
150
1,338
56
543
I.7
299
48
168
121
1,010
11
9
23
230
15
10
15
113
29
20
99
97
55
39
137
440
23
4
79
4
18
2
177
2
35
10
102
11
76
16
358
17
25
26
20
59
124
178
169
263
19
1
35
1
7
9
86
2
86
2
112
3
130
3
142
2
7
3
9
5
16
1
8
10
145
3
26
6
218
4
48
16
505
14
212
BULLETIN' OF THE BUREAU OF LABOR.
ST R IK E S, ESTABLISHM EN TS A FFE C TE D , AND STR IK E R S, B Y RESU LTS, AND W ORK
IN G -D A YS LOST, FO R EACH CAUSE, 1008—Concluded.
Strikers in strikes which—
Causes or objects.
Succeeded. Succeeded
partly.
For increase of wages.................................
Against reduction of wages.......................
For reduction of hours, with present or
increased wages.......................................
Relating to tim e, m ethod, etc., of wage
payments.................................................
For or against m odification of conditions
of work.....................................................
Against piecework.....................................
For or against m odification of shop rules.
For abofition or reduction of fines............
Against discharge or for reinstatement
of workmen, foremen, or superintend
ents..........................................................
For discharge of workmen, foremen, or
superintendents......................................
For discharge of female em ployees...........
For lim itation of number of apprentices...
Relating to deductions from wages for
support of insurance and aid funds.......
Other causes...............................................
Total
strikers.
Failed.
Working-days
lost by all
employees
thrown out
of work.
13,594
887
32,116
571
16,847
973
62,557
2,431
266,748
40,730
7,057
4,111
5,968
17,136
117,049
8,646
1,550
4,348
14,544
168,775
547
739
3,324
253
1,522
3,319
3,903
717
2,708
1,653
4,131
276
4,777
5,711
11,358
1,246
60,244
19,882
94,378
14,279
2,729
3,273
8,169
14,171
148,060
2,592
71
98
780
6,888
26
103
10,260
97
201
129,245
1,464
4,826
420
3,077
540
11,702
15,559
50,117
120
2,263
6,362
The most frequent cause of strikes during the year was wage dis
putes, the demands for increased wages, alone or in conjunction with
other demands, having figured in 628 strikes, or 58.5 per cent of the
total number of strikes for the year, involving 62,557 strikers, or 63.2
per cent of the total number of strikers, and causing a loss of 266,748
working-days, including days lost by persons other than strikers
who were thrown out of employment on account of strikes. Of these
demands 119 were successful for 13,594 strikers, 211 partly successful
for 32,116 strikers, and 298, involving 16,847 strikers, failed. The
next two tables show, for both strikes and strikers, the results of
strikes by duration and the results and duration of strikes by number
of strikers involved.
STR IK E S AN D ST R IK E R S, B Y DU R A TIO N AN D RESU LTS, 1908.
Strikers in strikes which—
Strikes which—
Days of duration.
Suc
Suc ceeded
Failed.
ceeded. partly.
Total
strikes.
Suc
ceeded.
Suc
ceeded
partly.
Failed.
Total
strikers.
7 and under..........................
8 to 15...................................
16 to 30..................................
31 to 100................................
101 and over.........................
139
20
12
14
166
64
32
55
7
396
72
36
52
8
701
156
80
121
15
12,029
1,293
3,403
3,408
17,681
6,761
4,433
16,583
1,141
17,261
4,519
2,798
6,124
1,608
46,971
12,573
10,634
26,115
2,749
Total...........................
185
324
564
1,073
20,133
46,599
32,310
99,042
213
FOREIGN STATISTICAL PUBLICATIONS— FRANCE.
ST RIK ES, B Y NUM BER OF STRIK ER S IN VO LVED , RESU LTS, AND D U R A TIO N , 1908.
Strikes which—
Strikers involved in each
strike.
Strikes which lasted—
Total
Suc
strikes. 7 days 8 to 15 16 to 30
Suc ceeded
ana
Failed.
ceeded. partly.
under. days. days.
31 to 101 days
100
and
over.
days.
25 and under..........................
26 to 50....................................
51 to 100..................................
101 to 200................................
201 to 500................................
501 to 1,000.............................
1,001 and over........................
51
46
39
28
15
4
2
84
68
63
64
26
12
7
303
106
77
46
26
6
438
220
179
138
67
22
9
337
140
104
76
35
7
2
54
45
22
20
13
1
1
26
12
16
16
4
4
2
19
23
33
22
11
9
4
4
4
4
1
Total.............................
185
324
564
1,073
701
156
80
121
15
2
Considered by their duration, the largest per cent of successful
strikes was found in strikes which lasted 7 days and under. In strikes
of this class 19.8 per cent were successful, while of those which con
tinued for more than 7 days only 12.4 per cent terminated favorably
to the strikers. In the classes 8 to 15 days and 16 to 30 days the per
cent of successful strikes were 12.8 and 15, respectively. Of strikes
lasting 31 to 100 days 11.6 per cent were successful, while of the 15
strikes lasting 101 and more days none were successful.
The following table gives a summary of the m ost im portant strike
statistics for each of the years 1894 to 1908. The figures for the years
1894 to 1907 have been compiled from previous reports and those for
1908 from the present report.
STRIK ES AND STR IK E R S, B Y RESU LTS, ESTABLISHM ENTS AFFECTED , AND
W O RK IN G -D AYS LOST, FOR EACH Y E A R , 1894 TO 1908.1
2
3
Years.
Strikes which—
W orkingdays lost
Estab
lish
by
all
Strikes. ments Strikers. employees
Suc
Suc ceeded
thrown
affected.
Failed.
out of work. ceeded. partly.
391
1894.......
405
1895.......
476
1896.......
356
1897.......
368
1898.......
739
1899.......
902
1900.......
523
1901.......
1902.......
512
1903.......
567
1904....... 1,026
830
1905.......
1906....... U ,309
1907....... 1,275
1908....... 1,073
54,576
1,731
1,298
45,801
2,178
49,851
2,568
68,875
82,065
1,967
176,772
4,288
222,714
10,253
111,414
6,970
212,704
1,820
3,246
123,151
17,250
271,097
5,302
177,666
219,637 *438,466
197,961
8,365
99,042
4,641
1,062,480
617,469
644,168
780,944
1,216,306
3,550,734
3,760,577
1,862,050
4,675,081
2,441,944
3,934,884
2,746,684
9,438,594
3,562,220
1,720,743
84
100
117
68
75
180
205
114
111
122
297
184
278
263
185
129
117
122
122
123
282
360
195
184
222
394
361
539
490
324
178
188
237
166
170
277
337
214
217
223
335
285
490
522
564
Strikers in strikes which—
Suc
ceeded.
12,897
8,565
11,579
19,838
10,594
21,131
24,216
9,364
23,533
12,526
53,555
22,872
31,148
24,369
20,133
1 Including 2 strikes not terminated July 1,1907.
2 Including 2 establishments in 2 strikes not terminated July 1,1907.
3 Including 44 strikers in 2 strikes not terminated July 1,1907.
Suc
ceeded
partly.
Failed.
24,784
20,672
17,057
28,767
32,546
124,767
140,358
44,386
160,820
89,736
168,034
125,016
253,264
130,806
46,599
16,895
16,564
21,215
20,270
38,925
30,874
58,140
57,664
28,351
20,889
49,508
29,778
154,010
42,786
32,310
214
BULLETIN OF THE BUREAU OF LABOR.
The number of strikes, establishments affected, strikers, and aggre
gate working-days lost during 1908 show a considerable decrease as
compared with the figures for 1907.
Conciliation and A rbitration .— During the year recourse to the
law of December 27,1892, relating to the conciliation and arbitration 1
of labor disputes, was had in 182 disputes. In 20 cases recourse was
had to the law before entire cessation of work had occurred. In 4 of
these 20 cases the demands of the employees were granted, in 1 case
a compromise was effected, and in 5 cases the employees receded from
their demands, although in 1 of these cases the employer refused to
agree to the proposition of conciliation. In 4 cases upon the refusal
of the employers to participate in conciliation proceedings, strikes
were declared; in 2 of these strikes a compromise was reached, and
2 failed. In 1 case the employees refused to agree to the proposition
of conciliation and the establishment was closed for some days, though
later a compromise was reached. In 1 case neither the employers nor
employees presented themselves, and the strike failed. In 4 other
cases a committee of conciliation was formed, but, following a dis
agreement among the members of the committee, strikes follow ed;
2 of these disputes were settled by compromise after other meetings
of the committee, and 2 by agreement.
The number of disputes in which application of the law was
requested in 1908 is equal to 16.96 per cent of the number of strikes
that actually occurred during the year. During the preceding 15-year
period such recourse was had in 2,450 disputes, or 23.87 per cent of
the total strikes for the period. Of the 182 cases in which recourse
was had during 1908, requests for the application of the law were
made by employees in 75 disputes, by employers in 4 disputes, and by
both employees and employers in 8 disputes, 87 cases in all; in the
other 95 disputes in which recourse was had to the law, the initiative
was taken by the justice of the peace.
As to results, it was found that 12 of the disputes had terminated
by direct agreement between employers and employees before com
mittees of conciliation were formed. The offer o f conciliation was
rejected in 69 of the 170 remaining disputes, the rejection coming
from employers in 53 cases, from employees in 5 cases, and from both
employees and employers in 11 cases. In 15 o f the 69 cases in which
conciliation was rejected the disputes were terminated by agreement
between employees and employers in 7 cases, and in 8 cases the
employees withdrew their demands. In the other 54 cases strikes
were declared or continued.
Committees of conciliation were constituted for the settlement of
the remaining 101 disputes; 49 of these disputes were settled directly
1 For the provisions of this law see Bulletin of the Department of Labor, N o. 25, pp. 854-856.
215
FOREIGN STATISTICAL PUBLICATIONS— FRANCE.
by such committees, 4 indirectly by committees, and in 48 cases
strikes were declared or continued, after failure of conciliation and
arbitration.
The following is a summary statement in regard to disputes in which
recourse was had to the law concerning conciliation and arbitration
during 1908 and for the preceding 15 years taken collectively:
SUMMARY OF CASES IN W HICH RECOURSE W AS HAD TO THE LA W CONCERNING CON
CILIATION AND A R B ITR A T IO N , 1893 TO 1907, AND 1908.
Items.
1893 to
1907.
Total number of strikes............................................................................................................ 10,307
2,450
Disputes in which recourse was had to the law of 1892................................................. ____
1908.
1,073
182
Disputes settled:
Before the creation of committees of conciliation............................................................
After creation but before assembling of committees of conciliation...............................
After refusal of request for conciliation............................................................................
Directly by committees of conciliation............................................................................
B y arbitration....................................................................................................................
Directly by the parties, after having had recourse to conciliation.................................
118
4
104
743
87
67
15
46
3
4
12
Total cases settled through the application of the law ................................................
1,123
80
Strikes resulting or continuing:
After refusal of request for conciliation............................................................................
After failure of recourse to conciliation and arbitration.................................................
778
549
54
48
Total cases of failure after application of the law.........................................................
1,327
102
The above summary shows that of 182 disputes considered in 1908,
80 were settled directly or indirectly through the application of the
law of 1892, and in 102 cases the recourse to the law proved fruitless.
Of the 80 disputes settled, 13 were favorable to the demands of the
employees, 49 succeeded partly, and 18 were favorable to employers.
In the 102 disputes which continued after the failure of attempts at
conciliation and arbitration the employees succeeded in 5, partly
succeeded in 46, and failed in 51 cases.
L ockouts in 1908.— During the year there were 31 lockouts
reported, involving 306 establishments. These establishments (not
including one dispute in which 18,000 persons were locked out)
employed 11,181 persons, of this number 6,817 were locked out, mak
ing tl^e total number of persons locked out 24,817. As a result of
these lockouts 586,377 working-days were lost by the employees locked
out. Considered from the employers’ point of view, 7 lockouts were
successful, 12 partially successful, and 12 failed.
GERMANY.
Streiks und Aussperrungen im Jahre 1908.
Bearbeitet im Kaiserlichen
Statistichen Am t. 64 pp. (Statistik des Deutschen Reichs, Band
230.)
This is the tenth annual report on strikes and lockouts issued by
the Imperial Statistical Office of Germany. The report contains
analyses and summaries of the data relating to strikes and lockouts
216
BULLETIN OF THE BUREAU OF LABOR.
in 1908, a series of diagrams presenting the principal features of the
disputes, tables showing the data by industries and by localities, and
a summary statement for the years 1899 to 1908/
Strikes in 1908.— The number of strikes which ended in 1908 was
1,347, .and the number of establishments affected was 4,774. Of the
establishments affected, 1,214 suspended operations entirely. The
number of employees in the establishments affected was 199,371, and
of these 68,392 participated in the strikes.1 The number of non
strikers who were thrown out of employment was 7,405.
The following table shows the number of strikes, establishments
affected, strikers, and other employees thrown out of work, by results
of strikes, in 1908:
STR IK E S, ESTABLISHM ENTS A FFE C TE D , S T R IK E R S, AN D OTH ER
TH ROW N OUT OF W O R K , B Y R ESU LTS, 1908.
EM PLOYEES
(The column headed “ Strikers” shows the maximum number of strikers at any time during the strike.)
Strikes.
Establish
ments
affected.
Total em
ployees in
establish
ments
affected.
Succeeded..........................................................
Partly succeeded..............................................
Failed................................................................
206
437
704
540
2,894
1,340
23,377
65,687
110,307
7,365
28,429
32,598
480
3,549
. 3,376
Total........................................................
1,347
4,774
199,371
68,392
7,405
Results.
Strikers.
Other
employees
thrown out
of work.
In 1908 the average number of establishments affected by each
strike was 3.5, while the average number of strikers to a strike was
50.8; the persons on strike formed 34.3 per cent of the employees of
the establishments affected. The proportion of strikes that suc
ceeded was 15.3 per cent, those that failed 52.3 per cent, and those
that succeeded partly were 32.4 per cent of the total. The number of
strikers engaged in strikes which succeeded formed 10.8 per cent,
those in strikes that failed formed 47.6 per cent, and those in strikes
that succeeded partly formed 41.6 per cent, of the total number of
strikers.
The following table shows, by principal groups of industries, the
number and results of strikes, the number of establishments and
strikers involved, and the number of other employees thrown out of
work, on account of strikes, occurring in the year 1908:i
i The number of strikers included in the strike statistics of Germany is the greatest number of persons on
strike at any time during the progress of the strike.
FOREIGN STATISTICAL PUBLICATIONS— GERMANY,
217
NUM BER AN D RESU LTS OF STR IK E S, ESTABLISHM ENTS AFFE C TE D , S T R IK E R S, AN D
OTH ER-EM PLO YEES TH ROW N OUT OF W O R K , B Y IN D U STRIES, 1908.
(The column headed “ Strikers” shows the maximum number of strikers at any time during the strike.)
Strikes which—
Industries.
Total
strikes.
Estab
Other em
lish
ployees
ments Strikers. thrown
Suc
Suc ceeded Failed. affect
out of
ceeded. partly.
ed.
work.
Gardening, florist, and nursery trades.. . .
Fisheries.......................................................
Mining, metallurgical, salt, etc..................
Quarrying, products of stone, clay, glass,
etc..............................................................
Metal working..............................................
Machinery, instruments, apparatus, etc. . .
Chemical products.......................................
O il, fat, soap, gas, etc..................................
Textiles........................................................
Paper............................................................
Leather.........................................................
W oodworking, carved materials, etc.........
Food and drinks (including tobacco)........
Wearing apparel, cleaning, etc...................
Building trades...........................................
Printing........................................................
A rt trades.....................................................
Commerce....................................................
Transportation............................................
Hotels, restaurants, etc...............................
Other............................................................
8
2
43
1
1
7
138
80
88
18
10
36
12
38
166
101
104
429
11
3
34
31
4
1
8
6
8
1
1
7
1
6
21
14
18
93
1
1
10
1
T otal...................................................
1,347
206
1
6
1
26
40
2
48
199
70
8,555
46
24
18
4
2
6
3
15
44
38
54
145
4
2
6
13
2
&
50
62
13
7
23
8
17
91
49
32
191
6
6,987
3,897
6,006
802
398
3,659
447
1,665
4,346
2,849
5,619
19,593
264
82
1,032
1,730
188
4
741
1,986
200
9
36
2,351
16
9
157
106
194
1,381
85
18
17
2
1
290
179
118
20
11
49
18
250
259
136
1,406
1,614
13
11
70
226
13
1
437
704
4,774
68,392
7,405
10
46
53
35
The building trades had by far the greatest number of strikes, the
429 disputes in this industry forming 31.8 per cent of all the strikes
reported; the number of strikers also was in excess of those in any
other industry, the 19,593 strikers being 28.6 per cent of all the per
sons on strike. The group woodworking, carved materials, etc.,
came next in order as regards the number of strikes, this group having
had 11.6 per cent of all the strikes. The mining, metallurgical, etc.,
group ranked second as far as the number of strikers was concerned,
with 12.5 per cent of all the persons on strike.
The two tables following present the data according to the duration
of the strikes and according to the number of strikers involved:
NUM BER AND RESU LTS OF STR IK E S, ESTABLISHM ENTS AFFE C TE D , STR IK E R S, AND
OTH ER EM PLOYEES THROW N OUT OF W O R K , B Y D U R A TIO N , 1908.
[The colum n headed “ Strikers” shows the maximum number of strikers at any tim e during the strike.]
Strikes which—
Days of duration.
Total
strikes.
Estab
lishments Strikers.
Suc
affect
Suc ceeded
ed.
ceeded. partly. Failed.
Other
em
ployees
thrown
out of
work.
Less than 1...................................................
1 to 5 .............................................................
6 to 10...........................................................
11 to 20.........................................................
21 to 30.........................................................
31 to 50.........................................................
51 to 100........................................................
101 and over.................................................
71
498
169
168
98
134
143
66
22
102
27
25
7
10
9
4
9
143
64
60
35
52
49
25
40
253
78
83
56
72
85
37
90
848
658
679
468
1,251
514
266
1,858
22,852
7,201
10,933
4,178
9,470
7,061
4,839
163
1,905
2,562
1,595
420
392
222
146
Total...................................................
1,347
206
437
704
4,774
68,392
7,405
218
BULLETIN OF THE BUREAU OF LABOR.
NUM BER AND RESU LTS OF STR IK E S, ESTABLISHM ENTS A FFE C TE D , STRIK ER S AND
OTHER EM PLOYEES THROW N OUT OF W O R K , B Y NUM BER OF STRIK ER S IN V O LV E D ,
1908.
[The column headed “ Strikers” shows the maximum number of strikers at any time during the strike.]
Strikes which—
Strikers involved in each strike.
Total
strikes.
Other
em
ployees
thrown
out of
work.
Establishments Strikers.
Suc
Suc ceeded
affect
Failed.
ceeded. partly.
ed.
2 to 5.............................................................
6 to 10...........................................................
11 to 20..........................................................
21 to 30..........................................................
31 to 50..........................................................
51 to 100........................................................
101 to 200......................................................
201 to 500......................................................
501 and over.................................................
104
181
306
178
237
194
101
36
10
20
28
54
22
43
23
15
1
15
41
90
61
78
83
49
15
5
69
112
162
95
116
88
37
20
5
115
235
521
399
726
836
713
506
723
420
1,449
4,646
4,521
9,500
14,028
13,955
10,073
9,800
19
164
319
241
580
1,983
2,155
1,944
Total...................................................
1,347
206
437
704
4,774
68,392
7,405
The following table shows the results of the strikes in 1908, by causes
or objects:
STRIK ES, B Y CAUSES AND RESU LTS.
[Strikes due to two or more causes have been tabulated under each cause; the totals for the groups, there
fore, are not the sums of the items for the individual causes. For exam ple, a strike “ for increase of
wages and extra rate for overtim e” is tabulated separately under each of these causes, while it is tabu
lated only once under total strikes relating to wages. For a similar reason the sums of the figures in
this table exceed the totals in the preceding tables.]
Strikes which—
Causes or objects.
Total
strikes.
Sue- I
Suc ceeded
Failed.
ceeded. partly.
|
Strikes relating to wages:
Against reduction of wages....................................................................
For increase of wages.............................................................................
For extra rate for overtim e....................................................................
For extra pay for secondary w ork........................................................
Other causes affecting wages.................................................................
195
745
89
44
71
48
88
4
6
11
50
326
50
26
23
97
331
35
12
37
Total (relating to wages)....................................................................
990
147
383
460
Strikes relating to hours of labor:
Against increase of hours......................................................................
For reduction of hours..................................................................... .
For abolition or lim itation of overtim e w ork .: ...... ............................
For reduction of hours on Saturday.....................................................
Against introduction of overtim e, Sunday work, etc.........................
For regular hours...................................................................................
Other causes affecting hours of labor....................................................
25
183
4
18
2
6
22
5
10
1
10
100
1
10
1
5
13
10
73
3
7
1
1
8
Total (relating to hours of labor)......................................................
235
17
124
94
5
10
3
52
9
4
17
7
141
19
12
16
4
11
3
8
14
13
38
35
1
42
17
.22
2
77
85
178
327
Strikes relating to causes other than wages and hours of labor:
A bolition, etc., of piecework..................................................................
For introduction of piecework..............................................................
For reinstatement of discharged em ployees.........................................
For dismissal, etc., of em ployees..........................................................
For dismissal, etc., of strike oreakers...................................................
For dismissal of foremen........................................................................
Against being compelled to work on May 1.........................................
For recognition of workmen’s com m ittee, etc.....................................
For recognition of journeym en's employment office...........................
For recognition of right to join union..........................- .....................
Maintenance of wage agreement...........................................................
For introduction of wage agreement....................................................
For change in wage agreement..............................................................
For determination of notice on leaving or discharge........... ..............
Other causes not specified.....................................................................
32
10
216
34
17
24
9
19
4
1
31
67
71
3
133
Total (relating to causes other than wages or hours of labor).........
590
1
23
6
1
2
10
12
14
6
5
1
1
8
FOREIGN STATISTICAL PUBLICATIONS— GERMANY.
219
The results of strikes for each year from 1899 to 1908 are shown in
the following table, together with number of strikers and establish
ments affected:
NUM BER AND RESULTS OF STRIK ES, ESTABLISHM ENTS AFFECTED , AND S T R IK E R S,
B Y Y E A R S, 1899 TO 1908.
[The column headed “ Strikers” shows the maximum number of strikers at any time during strike.]
Strikes which—
Year.
Total
strikes.
Succeeded.
cent
Num- !1Per
o total
ber.
strikes.
1899.......
1900.......
1901.......
1902.......
1903.......
1904.......
1905.......
1906.......
1907.......
1908.......
1,288
1,433
1,056
1,060
1,374
1,870
2,403
3,328
2,266
1,347
331
275
200
228
300
449
528
613
373
206
25.7
19.2
18.9
21.5
21.8
24.0
22.0
18.4
16.5
15.3
Succeeded partly.
Total
em
Estab
ployees
lish
in
estab
ments
lish
affected.
ments
Per cent
affected.
of total
strikes.
Failed.
Num
ber.
Per cent
of total
strikes.
Num
ber.
429
505
285
235
444
688
971
1,498
930
437
33.3
35.2
27.0
22.2
32.3
36.8
40.4
45.0
41.0
32.4
528
653
571
597
630
733
904
1,217
963
704
41.0
45.6
54.1
56.3
45.9
39.2
37.6
36.6
42.5
52.3
7,121
7,740
4,561
3,437
7,000
10,321
14,481
16,246
13,092
4,774
256,858
298,819
141,220.
131,086
198,636
273,364
776,984
686,539
445,165
199,371
Strikers.
99,338
122,803
55,262
53,912
85,603
113,480
408,145
272,218
192,430
68,392
L ookouts in 1908.— In the year 1908 there were 177 lockouts
reported; the number of establishments affected by these disputes
was 1,758, the number of persons employed in these establishments
was 81,286, of whom 43,718 were locked out, while 266 persons were
thrown out of work because of the disputes. The average number
of persons locked out in each dispute was 247, and the average
number of establishments affected in each dispute was 9.9. Of the
177 lockouts, 100, or 56.5 per cent, were successful from the stand
point of the em ployers; 69, or 39 per cent, were partly successful;
and 8, or 4.5 per cent, were unsuccessful.
The following table shows, by principal groups of industries, the
number and results of lockouts, the number of establishments and
persons involved in lockouts, and the number of other employees
thrown out of work on account o f lockouts during the year 1908.
BULLETIN OF THE BUBEAU OF LABOR.
220
NUM BER AND RESU LTS OF LOCKOUTS, ESTABLISHM EN TS AFFE C TE D , EM PLOYEES
LOCKED OUT, AND OTHER EM PLOYEES TH ROW N OUT OF W O R K , B Y IN D U STRIE S,
1908.
The column headed “ Employees locked out” shows the maximum number o f employees locked out at
any time during lockout.]
Lockouts which—
Total
lock
outs.
Industries.
Commercial gardening and miseries.................
Quarrying, products of stone, clay, glass, e tc..
Metal working.....................................................
Machinery, instruments, apparatus, etc..........
Chemicals...........................................................
Oil, fat, soap, gas, etc.........................................
Textiles...............................................................
Paper...................................................................
Leather................................................................
W oodworking, carved materials, etc................
Foods and drinks (including tobacco).............
Wearing apparel, cleaning, etc..........................
Building trades..................................................
Commerce...........................................................
Transportation...................................................
Total.........................................................
1
14
7
22
1
1
21
3
2
17
5
4
76
1
2
177
Other
Em
em
lish- ployees
ployees
ments
Suc
thrown
Suc ceeded Failed. affect
out.
out of
ceeded. partly.
ed.
work.
1 .......................
9
4
17
1
5 ............
3 ............
4
1
13
50
...................
1
1
1 .......................
19
1
1
3 ..........................
140
18
14
114
14
7
2 ...................
9
7
1
4
1 ............
3 ............
1
25
48
3
100
69
1
8
25
11
38
11,054
519
33
2,080
9
7
16
209
200
257
8,833
22
1 .......................
1 ........
1,108
1,004
18,239
1,758
43,718
The largest number of lockouts occurred in the building trades.
In this group there were 76 disputes, or 42.9 per cent o f the total
number, and 8,833 persons, or 20.2 per cent of the total, were locked
out; the group machinery, instruments, apparatus, etc., had 22 dis
putes, or 12.4 per cent of the total, and 18,239 persons, or 41.7 per
cent of the^total; the group textiles had 21 disputes, or 11.9 per cent
of the total, and 11,054 persons, or 25.3 per cent o f the total. These
three groups of industries included 67.2 per cent of all lockouts and
87.2 per cent of all persons locked out.
The results of lockouts for each year from 1899 to 1908, together
with the number of establishments affected and employees locked
out, are shown in the table following:
NUM BER AND RESU LTS OF LOCKOUTS, ESTABLISHM EN TS AFFE C TE D , AND
EM PLOYEES LOCKED OUT, B Y Y E A R S, 1899 TO 1908.
[The column headed “ Employees locked out” shows the maximum number of employees locked out at
any time during lockout.]
Lockouts which—-
Years.
Total
lockouts.
Succeeded.
Succeeded partly.
cent
Per cent
Num Per
of total
of total Num
ber. lockouts.
ber. lockouts.
1899.......
1900.......
1901.......
1902.......
1903.......
1904.......
1905.......
1906.......
1907.......
1908.......
23
35
35
46
70
120
254
298
246
177
6
13
16
30
36
44
65
88
112
100
26.1
37.1
45.7
65.2
51.4
36.7
25.6
29.5
45.5
56.5
.
9
17
8
7
15
33
147
174
119
69
39.1
48.6
22.9
15.2
21.4
27.5
57.9
58.4
48.4
39 0
Failed.
cent
Num Per
of total
ber. lockouts.
8
5
11
9
19
43
42
36
15
8
34.8
14.3
31.4
19.6
27.2
35.8
16.5
12.1
6.1
4.5
Estab
lish
ments
affected.
Total
em ploy
ees in
estab
lish
ments
affected.
427
607
238
948
1,714
1,115
3,859
2,780
5,287
1,758
8,290
22,462
7,980
18,705
52,541
36,312
188,526
152,449
129,563
43,718
Em
ployees
locked
out.
5,298
9,085
5,414
10,305
35,273
23,760
118,665
77,109
81,167
266
FOREIGN STATISTICAL PUBLICATIONS— GREAT BRITAIN.
221
GREAT BRITAIN.
Reports on Strikes and Lockouts and on Conciliation and Arbitration
Boards in the United Kingdom in 1908 and in 1909. 1908. 175 pp.
1909. 136 pp. (Published by the Labor Department of the Brit
ish Board of Trade.)
These two reports are the twenty-first and twenty-second of a
series of annual reports, begun in 1888, on strikes and lockouts. They
present statistics of strikes and lockouts beginning in the years 1908
and 1909 and of trade disputes settled by conciliation or arbitration
boards. Summary tables are also given in the report, making general
comparisons of results in each of the years 1908 and 1909, with the
results for each of the nine preceding years.
Figures are given showing, by industries, causes, and results, the
number of strikes and lockouts, persons directly and indirectly
involved, and days lost. A list of trade disputes (involving cessation
of work) settled in the years 1908 and 1909 by conciliation or arbitra
tion is given, and tables are presented summarizing, by industries,
the work of the permanent and district conciliation and arbitration
boards.
Strikes and lockouts in which the number of persons involved was
less than 10 or which lasted less than 1 day, unless the aggregate days
lost exceeded 100 days, are not included.
Appendixes show the method used in classifying causes of trade
disputes; trade-dispute statistics for each year from 1893 to the year
of the report; great labor disputes, 1888 to 1907; and specimen forms
of inquiry used.
Strikes and L ockouts in 1908 and 1909.— As in previous years,
so in each of the years 1908 and 1909 disputes relative to wages were
the most numerous, forming 62.4 per cent of all disputes in the year
1908 and 58.7 per cent of all disputes in the year 1909, and involving
each year, respectively, 78.5 per cent and 24.7 per cent of all striking
and locked-out employees.
In 1908, of the 249 disputes of this class, 13.6 per cent resulted in
favor of employees and 42.2 per cent in favor of employers; 43 per
cent were compromised, and 1.2 per cent had no definite results. Of
the total employees engaged in wage disputes, 2 per cent were in
disputes settled in favor of the employees, 19.9 per cent in those
settled in favor of the employers, 77.4 per cent in those that were
compromised, and 0.7 per cent in those where the results were
indefinite or unsettled. Of the 14 disputes relative to hours of labor,
35.7 per cent were settled in favor of the employees, 42.9 per cent in
favor of the employers, and 21.4 per cent were compromised. Of the
83 disputes relative to trade-unionism and employment of particular
classes or persons, 30.1 per cent were settled in favor of employees
85048°— B u ll. 92— 11----- 15
222
BULLETIN OP THE BUREAU OF LABOR.
and 43.4 per cent in favor of em ployers; 24.1 per cent were compro
mised, and in 2.4 per cent the results were indefinite or unsettled.
Fifty-tw o per cent of the employees directly involved in these 83
disputes were in disputes settled in favor of employees, 17.5 per cent
in those settled in favor of the employers, 29 per cent in those that
were compromised, and 1.5 per cent in those where the results were
indefinite or unsettled. Considering all disputes for the year, 19.8
per cent were settled in favor of the employees and 42.9 per cent in
favor of the employers; 36.1 per cent were compromised, and 1.2 per
cent were indefinite or unsettled.
There were 399 strikes and lockouts which began-in 1908, affecting
295,507 persons and entailing an aggregate loss of 10,632,638 work
ing-days. The working-days lost in 1908 in disputes begun in pre
ceding years numbered 201,551. The number of disputes is less,
while the number of persons involved and the number of workingdays lost are greater than the averages for the 5-year period, 1903 to
1907.
In 1909, of the 256 disputes relating to wages, 17.2 per cent resulted
in favor of employees and 39.4 per cent in favor of employers; 41.8
per cent were compromised and 1.6 per cent were in results indefinite
or unsettled. Of the 27 disputes relative to hours of labor, 11.1 per
cent were settled in favor of the employees and 37 per cent in favor
of the employers; 51.9 per cent were compromised. Of the 94 dis
putes relative to trade-unionism and employment of particular classes
or persons, 23.4 per cent were settled in favor of employees and 55.3
per cent in favor of employers; 21.3 per cent were compromised.
Forty-eight per cent of the employees directly involved in these 94
disputes were in disputes settled in favor of employees, 26.9 per cent
in those settled in favor of the employers, and 25.1 per cent in those
that were compromised. Considering all disputes for the year, 18.1
per cent were settled in favor of the employees and 45.6 per cent in
favor of the employers; 35.1 per cent were compromised and 1.2 per
cent were indefinite or unsettled.
There were 436 strikes and lockouts which began in 1909, affecting
300,819 persons and entailing an aggregate loss of 2,560,425 workingdays. The working-days lost in 1909 in disputes begun in preceding
years numbered 213,561. The number of disputes and the number
of working-days lost are both less than the averages (440 and 3,995,913,
respectively) for the 5-year period 1904 to 1908, while the number
of persons involved is nearly double the average (168,298) for the
same period.
The following tables show the number of strikes and lockouts, thev
number of strikers and persons locked out and of other persons
thrown out of work by reason of strikes and lockouts in each of the
years 1908 and 1909, and the number of working-days lost by all
employees thrown out of work, classified according to principal
causes and by results:
FOREIGN STATISTICAL PUBLICATIONS— GREAT BRITAIN.
223
STRIK ES AND LOCKOUTS, B Y CAUSES AN D RESU LTS, AND AGGREGATE W ORKIN GDAYS LOST.
[“ Aggregate worklng-davs lost by all employees thrown out of w ork” include aggregate duration in specified
years of disputes which began in preceding years, and excludes duration in the following year of disputes
which began in the specified year.]
1908.
Strikes and lockouts, the re
sults of which were—
Aggregate
workingTotal
days lost
strikes
byaU
and
employees
Indefi
In favor In favor Com nite or lock
thrown
pro
of em of em
out of
unset outs.
ployees. ployers. mised. tled.
work.
Principal causes or objects.
Wages.........................................................................
Hours of labor..................................................... ......
Employment of particular classes or persons..........
W orking arrangements, rules, and discipline..........
Trade-unionism.........................................................
Sympathetic disputes...............................................
Other causes..............................................................
34
5
9
14
16
Total.................................................................
249
14
54
43
29
7
3
10,197,867
56,189
213,318
237,806
97,559
28,370
3,080
5
399
10,834,189
107
14
11
11
9
1
4
256
1,396,861
27
63
44
31
8
7
786,971
184,965
194,160
161,731
22,305
26,993
153
5
107
3
18
13
2
1
3
1
105
6
27
16
9
6
2
79
171
144
44
101
10
39
22
13
7
7
199
2
1909.
Wages...............................................................
Hours of labor..................................................
Employment of particular classes or persons.
W orking arrangements, rules, and discipline.
Trade-unionism...............................................
Sympathetic disputes.....................................
Other causes....................................................
3
13
10
9
Total.
79
1
2,773,986
STRIK ER S AND EM PLOYEES LOCKED OUT, B Y CAUSES AND RESU LTS, AND OTHER
EM PLOYEES TH ROW N OUT OF W ORK .
1908.
Strikers and employees locked
out in disputes, the results of
which were—
Total
strikers
and em
Indefi ployees
In favor In favor Compro nite
or locked
of em of em mised. unset
out.
ployees. ployers.
tled.
Principal causes or objects.
W ages.........................................................................
Hours of labor............................................................
Employment of particular classes or persons..........
Working arrangements, rules, and discipline..........
Trade-unionism.........................................................
Sympathetic disputes...............................................
Other causes..............................................................
3,564
236
2,579
3,254
9,542
Other
em
ployees
thrown
out of
work.
175,889
8,377
11,078
12,467
12,218
2,980
960
53,640
708
6,300
6,063
1,173
3,554
100
1,497
223,969
71,538
19,812
82,529
5,601
2,978
1,032
355
927
57,364
60,076
55
42,028
87,367
13,492
8,892
12,935
3,538
2,006
112,307
982
170,258
130,561
136,221
1,045
4,915
2,747
1,830
92
1,153
10
34,951
7,096
3,584
6,466
502
2,888
950
Total................................................................. 19,185
56,437
146,850
17,155
4,175
344
1909.
W ages.................................. ...........................
Hours of labor..................................................
Employment of particular classes or persons.
Working arrangements, rules, and discipline.
Trade-unionism...............................................
Sympathetic disputes.....................................
Other causes....................................................
Total.
4,134
663
2,689
1,636
5,202
10,001
4,223
1,902
3,183
2,006
19,123
37,846
6,442
1,311
188
1,350
224
BULLETIN OP THE BUREAU OP LABOB.
In 1908, of all employees directly affected by labor disputes, 8.6
per cent were engaged in disputes settled in favor o f the em ployees;
25.2 per cent in those settled in favor of the em ployers; 65.6 per cent
in those that were com prom ised; and 0.6 per cent in those the results
of which were indefinite or unsettled. In 1909, .the corresponding
percentages are 11.2, 22.2, 66, and 0.6.
The following table shows the number of strikes and lockouts,
employees thrown out of work, and working-days lost, according to
classified number of employees thrown out of work:
STRIK ES AND LOCKOUTS, EM PLOYEES TH ROW N OUT OF W O R K , AN D W O RK IN G DAYS LO ST, B Y CLASSIFIED NUM BER OF EM PLOYEES TH ROW N OUT OF W O R K .
[“ Aggregate working-days lost by all employees thrown out of w ork” refers exclusively to disputes which
began m the specified year, and includes working-days lost in the following year due to disputes which
extended beyond the specified year.]
1908.
Strikes
and lock
outs.
Classified number of employees thrown out of
work.
Employees thrown
out of work.
Aggregate workingdays lost by all
employees thrown
out of work.
Number. Per cent.
Number.
Per cent.
76.8
3.4
5.6
4.4
3.5
4.6
.9
.6
.2
5,000 and over.............................................................
2,500 and under 5,000.............- ..................................
1,000 and under 2,500..................................................
500 and under 1,000.....................................................
250 and under 500........................................................
100 and under 250........................................................
50 and under 100.........................................................
25 and under 50...........................................................
Under 251...................................................................
6
4
28
32
45
100
56
71
57
182,089
13,857
37,976
22,888
15,054
16,278
3,926
2,499
940
61.6
4.7
12.9
5.1
5.5
1.3
.9
.3
8,319,954
372,289
605,062
476,467
374,616
497,198
103,461
62,325
26,503
Total.................................................................
399
295,507
100.0
10,837,875
100.0
5,000 and over.............................................................
2,500 and under 5,000..................................................
1,000 and under2,500..................................................
500 and under 1,000....................................................
250 and under 500........................................................
100 and under 250........................................................
50 and under 100.........................................................
25 and under 50..........................................................
Under 25 i ...................................................................
5
10
43
59
52
71
50
79
67
129,000
31,269
67,415
37,564
17,023
11,364
3,364
2,724
1,096
42.9
10.4
22.4
12.5
5.6
3.8
1.1
.9
.4
622,000
175,069
789,227
436,519
316,386
319,290
96,360
48,986
24,355
22.0
6.2
27.9
15.4
11.2
11.3
3.4
1.7
.9
Total..................................................................
436
300,819
100.0
2,828,192
100.0
7.7
1909.
i Disputes involving fewer than 10 workpeople and those which lasted less than 1 day have been om itted,
except when the aggregate duration exceeded 100 working-days.
In 1908 there were 6 and in 1909 there were 5 disputes in which
the number of employees involved was 5,000 and over; in 1907
there was only 1 dispute of like magnitude. The disputes affecting
500 employees and over in 1908 were but 17.5 per cent of the total
number of disputes, while these disputes affected 86.9 per cent o f
all employees thrown out of work. The disputes affecting 500
employees and over in 1909 were 26.8 per cent of the total number
of disputes, and involved 88.2 per cent of all employees thrown out
of work.
FOREIGN STATISTICAL PUBLICATIONS— GREAT BRITAIN.
225
In the following table are given the number of strikes and lockouts,
employees thrown out of work, and working-days lost, classified ac
cording to duration of the disputes:
STRIK ES AND LOCKOUTS, EM PLOYEES TH ROW N OUT OF W O R K , AND W O R K IN G D AYS LO ST, B Y D U RATIO N .
[“ Aggregate working-days lost by all employees thrown out of work” refers exclusively to disputes which
began in the specified year, and includes working-days lost in the following year due to disputes which
extended beyond the specified year.]
1908*
Duration of strikes or lockouts.
Aggregate
Number Employees workingof dis thrown out days lost
of work.
putes.
by all em
ployees.
Under 1 week.............................................................................................
1 week and under 2 weeks........................................................................
2 weeks and under 4 weeks.......................................................................
4weeks and under 6 w eeks......................................................................
6 weeks and under 8 weeks.......................................................................
8 weeks and under 10 weeks......................................................................
10 weeks and under 15 weeks....................................................................
15 weeks and under 20 weeks............................................................. .
20 weeks and under 25 weeks....................................................................
25 weeks and over......................................................................................
128
71
53
39
27
9
25
19
7
21
45,982
30,759
13,665
12,472
124,560
4,879
4,891
42,205
1,227
14,867
98,516
184,992
199,426
315,130
4,995,103
204,420
325,557
2,215,056
124,345
2,175,330
T otal.................................................................................................
399
295,507
10,837,875
Under 1 week.............................................................................................
1 week and under 2 weeks.........................................................................
2 weeks and under 4 weeks.......................................................................
4 weeks and under 6 weeks.......................................................................
6 weeks and under 8 weeks.................................. ....................................
8 weeks and under 10 weeks......................................................................
10 weeks and under 15 weeks....................................................................
15 weeks and under 20 weeks....................................................................
20 weeks and under 25 weeks....................................................................
25 weeks and over......................................................................................
182
70
71
29
17
16
16
18
2
15
102,619
48,936
120,855
7,383
6,711
3,277
6,514
1,549
228
2,747
246,178
297,337
770,451
180,159
247,251
152,990
337,375
122,460
18,695
455,296
Total.................................................................................................
436
300,819
2,828,192
1909.
In 1908 the number of strikes and lockouts which lasted under 2
weeks formed 49.6 per cent of all disputes, and the number of persons
thrown out of work in these two groups formed 26 per cent of all
persons thrown out of work by strikes and lockouts. The strikes
and lockouts which lasted 6 weeks and under 8 formed only 6.8
per cent of all strikes and lockouts during the year, yet involved
42.2 per cent of all employees thrown out of work and 46.1 per
cent of the total working-days lost during the year. There were
21 disputes, or 6.3 per cent of all disputes, which had a duration
of 25 weeks and over. While the number of employees involved
in disputes in this group formed but 5 per cent of all employees
affected by strikes and lockouts, yet the aggregate days lost by
strikers and locked-out employees was 20 per cent of the aggregate
working-days lost by all employees engaged in disputes of the year.
In 1909 the number of strikes and lockouts which lasted under
2 weeks formed 57.8 per cent of all disputes, and the num ber of
226
BULLETIN OF THE BUREAU OF LABOR.
persons thrown out of work in these 2 groups formed 50.4 per cent
of all persons thrown out of work by strikes and lockouts. There
were 15 disputes, or 3.4 per cent of all disputes, which had a dura
tion o f 25 weeks and over. W hile the number of employees involved
in disputes in this group form ed but 0.9 per cent of all employees
affected by strikes and lockouts, yet the aggregate days lost by
strikers and locked-out employees was 16.1 per cent o f the aggregate
working-days lost by all employees engaged in the disputes o f the
year.
The following tables, in which the disputes are classified by results,
show the number o f disputes and o f persons affected and the number
o f working-days lost in each group of industries:
ST R IK E S AN D
LOCKOU TS, B Y R E SU LTS, AN D W O RK IN G -D AYS LO ST, FO R EACH
GROUP OF IN D U STRIES.
(“ Aggregate working-days lost by all employees thrown out o f w ork” includes aggregate duration in
specified years of disputes which began in preceding years, and excludes duration in the following year
of disputes which began in the specified year.]
1908.
Strikes and lockouts, the results of
which were—
Industries.
Aggregate
workingTotal
days lost
strikes
by all
and
employees
lockouts.
Compro Indefinite
thrown out
or un
mised.
of work.
settled.
In favor
of em
ployees.
In favor
of em
ployers.
Building trades.........................................
Mining and quarrying...............................
Metal, engineering, and shipbuilding___
Textile trades... ....................................
Clothing trades..........................................
Transportation..........................................
Miscellaneous trades..................................
Employees of public authorities..............
2
38
7
14
7
3
8
10
53
31
30
12
6
29
7
50
23
25
13
12
13
1
T otal................................................
79
171
144
4
1
5
19
145
62
69
32
21
50
1
73,919
1,351,429
3,835,661
5,365,096
69,341
51,634
86,965
144
399
10,834,189
15
207
62
56
29
19
46
2
19,360
2,229,487
179,689
177,912
19,473
94,697
52,918
450
436
2,773,986
1909*
Building trades.........................................
Mining and quarrying...............................
Metal, engineering, and shipbuilding___
Textile trades............................................
Clothing trades..........................................
Transportation..........................................
Miscellaneous trades..................................
Employees of public authorities..............
3
29
11
10
9
3
14
7
88
30
24
13
10
25
2
5
87
20
21
7
6
7
T otal................................................
79
199
153
3
1
1
5
FOREIGN STATISTICAL PUBLICATIONS— GBEAT BRITAIN.
227
8T R IK E R S AND EM PLOYEES LOCKED OUT, B Y R E SU LTS, AND O TH ER EM PLOYEES
TH ROW N OUT OF W O R K , FO R EACH GROUP OF IN D U STRIES.
1908.
Strikers and employees locked out in
disputes, the results of which were—
Industries.
Total
strikers
and em
ployees
Compro Indefinite
locked
or un
mised.
out.
settled.
In favor
of em
ployees.
In favor
of em
ployers.
Building trades.............................................
Mining and quarrying..................................
Metal, engineering, and shipbuilding.........
Textile trades................................................
Clothing trades..............................................
Transportation..............................................
Miscellaneous trades.....................................
Employees of public authorities.................
73
14,917
600
2,318
748
243
286
831
23,272
24,974
2,250
1,609
915
2,586
1,810
20,842
3,392
115,015
876
3,202
1,665
48
Total....................................................
19,185
56,437
146,850
46
15,185
1,411
869
486
671
455
640
29,059
2,646
1,642
455
1,911
1,250
243
786
104,443
2,441
2,214
944
1,229
250
19,123
37,846
112,307
1,443
54
1,497
Other
em
ployees
thrown
out
of work.
2,714
60,474
29,020
119,583
3,233
4,360
4,537
48
178
26,548
29,318
13,220
1,429
534
311
223,969
71,538
1,472
149,576
6,518
4,798
1,885
3,811
1,955
243
120
123,178
3,206
1,997
693
1,063
304
170,258
130,561
1909.
Building trades............................................
M ining and quarrying.........................................
Metal, engineering, and shipbuilding.........
Textile trades................................................
Clothing trades.......................................................
Transportation..............................................
Miscellaneous trades............................ : ___
Employees of public authorities.................
Total....................................................
889
20
73
982
In both years, 1908 and 1909, the number of disputes, persons
directly affected, persons indirectly affected, and aggregate workingdays lost in the mining and quarrying, metal, engineering, and ship
building, and textile groups of industries exceed similar items in every
other industrial group. Of the total in 1908, there were 79 disputes,
involving 19,185 workpeople, which resulted in favor o f employees;
171 disputes, involving 56,437 workpeople, which resulted in favor of
employers; and 144 disputes, involving 146,850 workpeople, which
were compromised. The remaining 5 disputes were indefinite or
unsettled as to results. Of the total in 1909, there were 79 disputes,
involving 19,123 workpeople, which resulted in favor of employees;
199 disputes, involving 37,846 workpeople, which resulted in favor of
em ployers; and 153 disputes, involving 112,307 workpeople, which
were compromised. The remaining 5 disputes were indefinite or
unsettled as to results.
Strikes and L ockouts during F ive Y ears.— During the 5-year
period 1905 to 1909 there was a yearly average o f 456 disputes,
affecting an average of 211,020 employees yearly and entailing an
average yearly loss of 4,253,866 working-days.
The following table shows the number of strikes and lockouts,
employees thrown out of work, and working-days lost in each year of
the period named.
228
BULLETIN OF THE BUREAU OF LABOR.
STRIK ES AN D LOCKOUTS, EM PLOYEES TH ROW N OUT OF W O R K , AN D W O RK IN G DAYS LOST, B Y Y E A R S, 1905 TO 1909.
[“ Aggregate working-days lost by all employees thrown out of w ork” includes aggregate duration in each
year o f disputes which began in previous years and extended beyond the year in which they began,
and excludes the duration m 1910 of disputes which began in 1909.]
Aggregate
workingOther
Total
Strikers
lost
Strikes
and
employees employees days
by all
and
employees thrown out thrown out employees
lockouts. locked
of work. thrown out
out. of work.
of work.
Years.
358
486
601
399
436
1905....................................................................
1906....................................................................
1907....................................................................
1 9 0 8 .................................................................
1909....................................................................
25,850
59,901
46,770
71,538
130,561
67,653
157,872
100,728
223,969
170,258
93,503
217,773
147,498
295,507
300,819
2,470,189
3,028,816
2,162,151
10,834,189
2,773,986
The number of strikes and lockouts and employees thrown out of
work in each year from 1905 to 1909 are shown in the following table,
by industries:
STRIK ES AND LOCKOUTS AND EM PLOYEES TH ROW N OUT OF W O R K , B Y IN DU STRIES
AND Y E A R S, 1905 TO 1909.
Employees thrown out of work.
Strikes and lockouts.
Industries.
1905. 1906. 1907. 1908. 1909.
1905.
1906.
1907.
1908.
1909.
Building trades................................. 31
Mining and quarrying...................... 106
Metal, engineering, and shipbuild
ing................................................... 70
Textile trades.................................... 67
Clothing trades. . . '. .......................... 29
Transportation.................................. 11
Miscellaneous trades......................... 39
5
Employees of public authorities___
19
96
22
112
19
145
15
207
6,637
44,791
1,441
83,833
1,230
52,567
2,892
87,022
1,592
272,754
125
124
42
19
58
3
134
153
64
29
82
5
62
69
32
21
50
1
62
56
29
19
46
2
12,753
15,786
3,540
2,112
7,150
725
42,049
75,114
8,912
1,888
4,272
264
19,576 58,338
47,429 132,803
4,662
11,643
8,708
4,894
6,028
4,848
317
48
9,724
6,795
2,578
4,874
2,259
243
T otal........................................ 358
486
601
399
436
93,503 217,773 147,498 295,507
300,819
The following table shows, by groups of industries, the aggregate
working-days lost by all employees thrown out of work for each year
of the period 1905 to 1909:
AGGREGATE DU RATIO N IN W O RKIN G-DAYS OF STRIK ES AND LOCKOUTS, B Y INDUS
TR IES AND Y E A R S, 1905 TO 1909.
[“ Aggregate working-days lost by all employees thrown out of work” includes aggregate duration in each
year of disputes which began in previous years and extended beyond the year in which they began,
and excludes the duration in 1910 of disputes which began in 1909.]
Aggregate working-days lost bv all employees thrown out of
work.
Industries.
1905.
1906.
Building trades.............................................
Mining and quarrying..................................
Metal, engineering, and shipbuilding..........
Textile trades................................................
Clothing trades..............................................
Transportation..............................................
Miscellaneous trades......................................
Employees of public authorities..................
412,633
1,255,514
467,571
126,483
71,435
67,089
64,290
5,174
56,201
922,102
1,118,282
762,999
92,139
10,021
62,184
4,888
Total....................................................
2,470,189
3,028,816
1907.
1908.
23.128
73,919
569,061
1,351,429
3,835,661
467,633
642,460 • 5,365,096
69,341
277,949
51,634
85,471
91.128
86,965
5,321
144
2,162,151
10,834,189
1909.
• 19,360
2,229,487
179,689
177,912
19,473
94,697
52,918
450
2,773,986
FOREIGN STATISTICAL* PUBLICATIONS— GREAT BRITAIN.
229
There were more strikes and lockouts during 1907 than during
any other year of the 5-year period, but the number of employees
thrown out of work in 1907 is less than the number thrown out of
employment in any other year, except 1905. During the 5-year
period the greatest number of disputes arose in the mining and quar
rying industry, the yearly average being 133, and in 1909 the number
o f disputes constituted 47.5 per cent of all disputes in the year. The
textile industry ranks second, and the metal, engineering, and ship
building industry third in number of disputes for the period, the
yearly averages being 94 and 91, respectively. In 1908 the textile
trades show the greatest number of employees thrown out of work
and of aggregate working-days lost. In 1909 similar items are
greatest in the mining and quarrying industry.
The number of strikes and lockouts and the number of strikers and
employees locked out for each year of the period 1905 to 1909 are
shown in the next table, by principal causes.
STRIK ES AND LOCKOUTS AND STRIK ER S AND EM PLOYEES LOCKED OUT, B Y
PRIN C IPA L CAUSES AND Y E A R S, 1905 TO 1909.
Strikes and lockouts.
Strikers and employees locked out.
Principal causes or objects.
1905. 1906. 1907. 1908. 1909.
1905.
1906.
256
27
38,737
3,145
87,933
7,086
W ages................................................ 235
Hours of labor..................................
14
Employment of particular classes
or persons....................................... 47
W orking arrangements, rules, and
discipline.......................................
37
Trade-unionism................................ 21
Sympathetic disputes......................
2
2
Other causes.....................................
332
13
384
16
249
14
53
88
54
63
6,408
52
32
2
2
57
50
3
3
43
29
7
3
44
31
8
7
5,546
9,377
243
4,197
T otal........................................ 358
486
601
399
436
1907.
1908.
1909.
56,058 175,889
2,080
8,377
42,028
87,367
4,734
13,699
11,078
13,492
6,536
50,750
33
800
11,802
16,439
368
282
12,467
12,218
2,980
960
8,892
12,935
3,538
2,006
67,653 157,872 100,728 223,969
170,258
The number of disputes relative to wages in 1909 made no signi
ficant change from the number in 1908, but shows a material decrease
from the number recorded in 1906 and in 1907. The number of
strikers and employees locked out in 1908 by far exceeded the number
in any other year of the period, but in 1909 decreased by nearly onefourth the number recorded in 1908. The number of disputes in
1908 relative to hours of labor was practically the same as in the three
preceding years, but nearly doubled in 1909, while the number o f
strikers and employees locked out in 1909 was more than ten times
the number in 1908. Disputes in 1908 and 1909 on account o f the
employment of particular classes o f persons numbered 54 and 63,
respectively, as compared with the high number 88 in 1907, while
the employees involved numbered 11,078 and 13,492, respectively, as
compared with 13,699 in 1907, the greatest number in the 5-year
period. Disputes arising from the remaining named causes show for
230
BULLETIN OP THE BUREAU OF LABOR.
1908 and 1909 a record not strikingly different from that o f the pre
ceding years.
The following table shows, by results, the number of strikes and
lockouts and employees directly affected during each year, 1905 to
1909:
STRIK ES AND LOCKOUTS AND STR IK E R S AN D EM PLOYEES LOCKED OUT, B Y
RESU LTS AND Y E A R S , 1905 TO 1909.
[The figures for years previous to 1909 have been revised to include the results of disputes terminated after
the reports of those years were published.]
Strikes and lockouts.
Strikers and employees locked out.
Results.
1905. 1906. 1907. 1908. 1909. 1905.
1906.
1907.
1908.
1909.
In favor of em ployees....................... 70
In favor of em ployers....................... 168
Compromised.................................... 119
1
Indefinite or unsettled.....................
153
180
151
2
193
247
161
80
174
145
79
199
153
5
16,702
23,029
27,894
28
32,883 19,475
27,483 57,606
40,362 146,888
19,123
37,846
112,307
982
T otal........................................ 358
486
601
399
436
67,653 157,872 100,728 223,969
170,258
67,159
38,667
52,018
28
This table shows that for each year during the 5-year period the
number o f disputes resulting in favor of the employees was less than
the number in which the employers were successful. The total
number of disputes during the 5-year period was 2,280, o f which 575,
or 25.2 per cent, were settled in favor of the employees; 968, or 42.5
per cent in favor o f the employers; 729, or 32 per cent, were com
promised, and 8, or 0.3 per cent, were indefinite or unsettled. In
1909, o f the 436 disputes, 18.1 per cent were favorable to the em
ployees and 45.6 per cent to the employers, 35.1 per cent were com
promised, and 1.2 per cent were indefinite or unsettled at the end of
the year.
During the 5-year period there were in the aggregate 720,480
employees directly affected by strikes and lockouts. O f this number,
155,342 employees, or 21.6 per cent o f all employees directly affected,
were involved in disputes in which employees were successful;
184,631, or 25.6 per cent in disputes in which the employers were
successful; 379,469, or 52.7 per cent, in disputes which were com
promised, and 1,038, or 0.1 per cent in those of which the settlement
was indefinite or which were unsettled.
In the following table the number o f strikes and lockouts and the
number o f strikers and employees locked out are shown b y methods
o f settlement for each year o f the period 1905 to 1909:
FOREIGN STATISTICAL PUBLICATIONS— GREAT BRITAIN.
231
STRIK ES AND LOCKOUTS AND STRIK ER S AND EM PLOYEES LOCKED OUT, B Y
METHODS OP SETTLEM EN T AND Y E A R S , 1905 TO 1909.
[The figures for the years previous to 1909 have been revised to include the results of disputes terminated
after the reports for those years were published.!
Strikes and lockouts.
Strikers and employees locked out.
Methods o f settlement.
1905. 1906. 1907. 1908. 1909. 1905.
2,224
8,752
1906.
9
Arbitration.......................................
Conciliation....................................... 22
Direct arrangement or negotiation
between parties or their repre
sentatives....................................... 220
Submission of em ployees................. 47
Replacement of employees.............. 53
3
Closing of works................................
4
Indefinite or unsettled.....................
17
23
14
31
24
33
26
36
4,611
3,674
340
39
60
3
4
395
70
84
6
1
251
40
43
7
1
271
51
40
7
5
48,155 129,614
5,550 17,293
2,126
2,497
714
128
132
55
T otal........................................ 358
486
601
399
436
1907.
1908.
1909.
2,115
7,675
11,337 150,166
18,925
59,945
74,160
8,980
3,325
461
350
55,967
7,338
2,057
647
119
75,794
11,603
1,625
1,384
982
67,653 157,872 100,728 223,969
170,258
In each year most of the disputes were settled by direct arrange
ment or negotiation, the per cent of disputes settled by this method
being 61.5, 70, 65.7, 62.9, and 62.2 of all disputes for the respective
years 1905 to 1909. Disputes settled by submission of employees,
replacement of employees, and closing of works together formed 28.8,
21, 26.6, 22.6, and 22.5 per cent of all disputes for the respective
years. Sixty-two disputes, involving 46.3 per cent of all persons
directly affected, were settled by arbitration and conciliation during
1909. The number of disputes so settled, however, is greater than
the average for the four preceding years, which is 43.
N ETH ERLAN D S.
WerTcstaTcingen en Uitsluitingen in Nederland gedurende 1907. WerTcstaTcingen en Uitsluitingen in Nederland gedurende 1908. Uitgegeven
door het Centraal Bureau voor de Statistiek.
1909. lxxx, 62 pp.
1908.
lxxviii, 69 pp.
These two volumes are the seventh and eighth annual reports of
the Central Bureau of Statistics of the Netherlands on strikes and
lockouts. As in previous reports, the information is given in the form
of an analysis, with summary tables and a tabular statement showing
in detail the important facts concerning each strike and lockout.
Strikes .—The number of strikes reported in 1907 was 138 and in
1908 it was 108. These strikes involved 478 establishments and
11,646 strikers in 1907. Data are reported in 1908 for only 106
strikes, affecting 502 establishments, with but 5,650 persons striking.
The number of strikes, establishments involved, strikers, and the
aggregate days lost by strikers and by other employees in each group
of industries are shown for each year in the table on next page.
232
BULLETIN OF THE BUREAU OF LABOR.
STRIK ES, STR IK E R S, AN D AG G REGATE DAYS LOST B Y STR IK E R S AN D B Y OTH ER
EM PLOYEES, B Y IN DU STRIES.
1907.
Industries.
Strikes.
Aggre
Estab
lish.
gate days
merits Strikers. lost by
involved.
strikers.
Strikes for which
aggregate
days
lost by employees
other than strik
ers was reported.
Strikes. Days lost.
Products of stone, clay, glass, etc...............
Cutting of diamonds and other precious
stones....... : ................................................
Printing........................................................
Building trades............................................
W oodworking, cork, straw, etc..................
Clothing........................................................
Leather, oilcloth, rubber, etc......................
M in in g..................................................................... .
Metal working............................ ................ .
Machinery, instruments, etc.......................
Car and ship building................................ .
Paper........................................................... .
Textiles........................................................ .
Foods and drinks (including tobacco)____
Agriculture...................................................
Commerce....................................................
Transportation............................................
Total..................................................
12
22
6
24
7
12
22
6
207
2,691
874
64
730
63,300
1,822
8,884
1,797
24
24
16,350
9,027
3,059
3,471
1,718
27,474
10,467
26,574
4,920
148,687
83
9
201
3
6
133
4
4
2,700
206
98
421
18
588
252
1
1
1
1
2
6
1
1
11
19
3
4
12
138
2
11
22
102
12
24
12
1,020
51
153
4,078
478
11,646
12
15
6
24
6
813
1,495
631
1
1
3
6
2
3
1
11
18
2
9,376
863
62
4
8
201
123
13,534
4
249
1908.
Products of stone, clay, glass, etc...............
Cutting of diamonds and other precious
stones.........................................................
Printing........................................................
Building trades............................................
W oodworking, cork, straw, etc................. .
Clothing........................................................
Mining...........................................................
M etalworking.............................................
Machinery, instruments, etc.......................
Car and ship building................................
Textiles........................................................
Gas and electricity.....................................
Foods and drinks (including tobacco)___
Agriculture..................................................
Fishing and hunting..................................
Commerce....................................................
Transportation............................................
Total..................................................
4
5
100
2
3
33
8
1
5
8
1
2
5
1
16
8
1
5
5
2
3
60
8
1
103
17
1
2
5
1
16
>248
1
24
5
46
52
1660
125
15
910
116
20
72
694
12
296
2,128
28
145
231
108
1 502
712
76
2,455
14,148
5,663
10
5,610
3,825$
10
68|
12,686
48
6,955$
812,380
150
336$
1,748
2
3
31
8
1
4
8
1
2
5
1
16
6
1
5
5
1 5,650 *56,882$
103
2
121
24
300
4
2,325
621
300
14
3,960
i Not including 2 strikes for which this item is not reported.
» Not including 1 strike for which this item is not reported.
8Not including 3 strikes for which this item is not reported.
It is seen by reference to the foregoing table that in both years
the greatest number of strikes occurred in the building trades.
Mining furnished the largest number of establishments involved in
1907, and agriculture in 1908. In 1907 transportation furnished the
largest number of strikers, while in 1908 the largest number was found
in agriculture. The greatest loss in working-days to strikers in 1907
took place in the transportation industry, and to employees other
than strikers in textiles; in 1908 textiles showed the greatest loss in
respect of both these items, though the reported loss to strikers in
agriculture is nearly as great.
233
FOREIGN STATISTICAL PUBLICATIONS— NETHERLANDS.
The results of strikes, arranged by industries, are shown in the
table which follows:
STRIK ES, B Y IN DU STRIES AND RESU LTS.
1907.
Results.
Industries.
Num
ber.
Succeeded.
Succeeded
partly.
Failed.
Indefinite or
not reported.
Num Per
ber. cent.
Num Per
ber. cent.
Num Per
ber. cent.
Num Per
ber. cent.
12
1
8.3
5
41.7
6
50.0
9
40.9
6
1
25.0
14.3
4.5
33.3
33.3
28.6
16.7
40.9
33.3
37.5
57.1
100.0
100.0
33.3
16.7
50.0
50.0
1
2
8
2
1
9
2
9
4
1
1
1
1
1
2
2
4
66.7
66.6
2
50.0
Foods and drinks (including tobacco).
Agriculture............................................
Commerce..............................................
Transportation......................................
22
6
24
7
1
1
3
6
2
4
1
11
19
3
4
12
27.3
42.1
66.7
50.0
58.3
Total............................................
138
Products of stone, clay, glass, etc.......
Cutting of diamonds and other pre
cious stones........................................
Printing.................................................
Building trades....................... .............
W oodworking, cork, straw, e t c .. . . . . .
Clothing.................................................
Leather, oilcloth, rubber, etc..............
M in in g .............................................................
Metal working.......................................
Machinery, instruments, etc...............
Car and ship building..........................
3
2
1
13.7
33.4
4.2
i
50.0
1
100.0
1
25.0
3
15.8
1
2
8
8
1
72.7
42.1
33.3
25.0
16.7
3
25.0
3
8
2
2
7
24
17.4
56
40.6
49
35.5
9
6.5
2
50.0
1
25.0
2
1
8
2
100.0
33.3
25.8
25.0
10
4
32.3
50.0
1
2
33.4
6.4
3
3
60.0
42.9
2
40.0
7
43.8
1
4
1
2
2
1
4
6
1
4
3
20.0
57.1
100.0
100.0
40.0
100.0
25.0
75.0
100.0
80.0
60.0
28
26.7
45
42.9
1908.
4
Products of stone, clay, glass, etc........
Cutting of diamonds and other pre
cious stones........................................
Printing.................................................
Building trades.....................................
W oodworking, cork, straw, etc...........
Clothing.................................................
Mining.............. ....................................
Metal working.......................................
Machinery, instruments, etc................
Car and snip building..........................
Textiles.................................................
Gas and electricity...............................
Foods and drinks (including tobacco).
Agriculture............................................
Fishing and hunting............................
Commerce..................................... .......
Transportation............................. —
2
3
1 31
8
1
5
*7
1
2
5
1
16
8
1
5
*5
Total............................................
8105
1
25.0
1
11
2
1
1
33.3
35.5
25.0
100.0
20.0
2
2
i2.5
25.0
1
2
20.0
40.0
24
22.8
1
20.0
3
18.7
8
7.6
* Not including 2 sympathetic strikes which ended with the original strikes; of these 1 succeeded and 1
failed.
2Not including 1 sympathetic strike which ended with the original strike; this was compromised.
8N ot including 4 sympathetic strikes, of which 1 succeeded, 1 railed, and 2 were compromised.
234
BULLETIN OP THE BUREAU OP LABOR.
The follow ing table shows the number o f strikes, establishments
involved, strikers, aggregate days of duration of strikes, and number
of working-days lost by strikers and by other employees, the facts
being classified according to causes or objects of strikes:
STR IK E S, B Y CAUSES O R OBJECTS.
1907.
[Strikes due to two or more causes have been tabulated under each cause; hence the totals for this table do
not agree with those for other tables.)
Causes or objects.
Num
ber.
Per
cent.
Estab
lish
ments.
Strik
ers.
417
16
58
75
7
9,839
179
1,268
3,734
251
Strikes for
which aggregate
working-days
lost by em
ployees other
Aggre Work
ingthan strikers
gate
days were reported.
days of lost
by
dura strik
tion.
ers.
Work
ingStrikes. days
lost.
3,592 285,973
268
1,256
796 41,292
717 154,381
668 16,688
88
8
24
14
7
1
.4
18
144
19
28
13
44
12.3
5.7
19.4
41
42
103
1,096
3,695
4,972
1,045
410
1,824
Total...........................................
227
100.0
777
25,178
38.8
3.5
10.6
6.2
3.1
204
75
8
23
13
7
4,229
96
9,496
97
450
i i § !
For increase of wages............................
Against reduction of wages...................
Other disputes concerning wages.........
Hours of labor......................................
For recognition of trade-union............
Against employment of nonunion
workmen...........................................
For reinstatement of discharged em
ployees ...............................................
Regulations governing work................
Other causes.........................................
1
80
27
12
41
1,403
463
10,115
9,339 876,021
207
27,429
| §1 k
Strikes.
1908.
57
9
20
7
3
37.0
5.8
13.0
4.6
2.0
367
8
63
32
3
3,752
202
1,145
368
84
922
17
607
138
212
27,59(0
402
10,916
13,254
4,594
54
8
20
7
3
1,198
18
375
2,219
Regulations governing work.
Other causes..........................
15
8
35
9.7
5.2
22.7
15
8
35
277
123
984
553
270
1,058
8,406
4,360
26,314
15
8
34
158
390
665
Total............................
154
100.0
531
6,935
3,677
95,836
149
5,023
For increase of wages............................
Against reduction of wages..................
Other disputes concerning wages........
Hours of labor......................................
For recognition of trade-union............
For reinstatement of discharged em-
As in previous years, the strikes were m ostly due to wage disputes!,
approximately 53 per cent, involving 63 per cent of the establish^
ments, being attributable to this cause in 1907, while in 1908 such
disputes amounted to nearly 56 per cent o f the total number, and
affected 73.5 per cent o f the strikers.
235
FOREIGN STATISTICAL PUBLICATIONS— NETHERLANDS.
The following table shows the results of strikes:
ST RIK ES, B Y RESU LTS.
1907.
Strikes.
Establish
ments in
volved.
Strikers.
Results.
Num Per Num
ber. cent. ber.
Per
cent.
Num
ber.
Per
cent.
Strikes for
which aggregate
days lost by
losfl^y strikenf. employees other
than strikers
were reported.
Num
ber.
Per
cent.
Strikes. Days
lost.
Succeeded.......................
Succeeded partly............
Failed.............................
Indefinite........................
N ot reported...................
24
56
49
7
2
17.39
40.58
35.51
5.07
1.45
65
214
186
11
2
13.60
44.77
38.91
2.30
.42
635
6,706
4,061
230
14
5.45
4,091
57.58 235,368
34.87 69,630
1.98 21,126
.12
74
1.24
71.26
21.08
6.40
.02
22
47
45
7
2
237
2,029
11,034
234
Total.....................
138
100.00
478
100.00
11,646
100.00 330,289
100.00
123
13,534
1908.
Succeeded.......................
Succeeded partly............
Failed.............................
Indefinite........................
N ot reported...................
24
28
45
2
6
22.86
26.67
42.86
1.90
5.71
97
96
289
2
6
19.80
19.59
58.98
.41
1.22
996
1,267
3,196
4
124
17.83
22.68
57.20
.07
2.22
3,924
14,705
35,437
124
1,009
7.11
26.64
64.20
.22
1.83
21
27
45
2
5
310
618
2,623
152
257
Total.....................
105
100.00
490
100.00
5,587
100.00
55,199
100.00
100
3,960
Of the 11,646 persons taking part in strikes in 1907, 6.45 per cent
were in strikes .which succeeded, 57.58 per cent were in strikes which
succeeded partly, and 34.87 per cent were in strikes which failed.
Of the remaining strikers 230, or 1.98 per cent of the entire number,
were in strikes the results of which were indefinite, and 14, or 0.12
per cent, were in strikes the results of which were not reported.
In 1908 a considerably larger proportion (17.83 per cent) o f the
strikers were successful, while the number in strikes succeeding
partly was much smaller than in the previous year. More than onehalf (57.2 per cent) o f all strikers failed to gain the object of their
strikes.
236
BULLETIN OP THE BUREAU OP LABOR.
In the following table, showing the results of strikes, the cause is
taken as the basis for the tabulation:
STR IK E S, B Y CAUSES AND RESU LTS.
1907.
[Strikes due to two or more causes have been tabulated under each cause; hence the totals for this table
do not agree with those for other tables.]
Suc
ceeded.
Causes or objects.
11
4
4
4
Suc
ceeded
partly.
Failed.
Indefi
nite or
not re
ported.
Total.
44
3
13
7
1
25
1
6
7
7
20
14
6
16
2
3
8
8
24
14
7
1
28
13
44
34
102
a
20
227
13
7
2
1
Otfier causes?........... ? ...................................................
2
1
4
18
1
8
2
1
4
2
9
23
1
8
4
1
6
4
17
Total.....................................................................
30
45
64
For increase of wages.....................................................
Against reduction of wages...........................................
Other disputes concerning wages.................................
Hours of labor. .1 ...........................................................
For recognition of trade-union......................................
Against em ployment of nonunion workmen...............
For reinstatement of discharged em ployees................
R egulations governing work.................................................
Other causes...................................................................
Total.....................................................................
1
5
5
3
8
1
3
3
1908.
For increase of wages.....................................................
Against reduction of wages...........................................
Other disputes concerning wages.................................
Hours of labor................................................................
For recognition o f trade-union......................................
For reinstatem ent of discharged em ployees....................
3
2
57
9
20
1
3
1
5
7
3
15
g
35
15
154
The proportion of successful strikes was greatest in both years in
case of strikes undertaken to prevent reduction of wages and least in
those to secure the recognition of trade-unions and to affect regula
tions governing work. Of 120 strikes in 1907 in which wages were
the subject, 50 per cent were reported as partly successful, 15.8 per
cent as successful, and 26.7 per cent as failing. In 1908 there were
86 strikes on wage subjects, of which 31.4 per cent succeeded partly,
25.6 per cent succeeded, and 37.2 per cent failed. In neither year
was a strike for the recognition of a trade-union successful, and of 21
strikes in the two years undertaken for the purpose of affecting regu
lations governing work, but 1 succeeded, though 7, or 53.8 per cent
of those undertaken in 1907, are reported as partly successful, as were
2, or 25 per cent, of those in 1908.
237
FOREIGN STATISTICAL PUBLICATIONS— NETHERLANDS.
The duration and results of strikes are shown in the table which
follow s:
ST R IK E S, B Y DU RATIO N AND RESU LTS.
1907.
Succeeded.................
Succeeded p a rtly ....
Failed.......................
Indefinite.................
N ot reported............
Total...............
3
2
5
10
11
9
1
5
8
9
11
2
7
1
2
1
3
1
1
26
30
10
11
5
1
3
1
5
2
3
4
7
5
1
1
**
i*
2
24
28
45
2
6
105
It is seen from the foregoing table that in 1907, o f the 138 strikes
reported, 69, or precisely one-half, lasted 7 days or less. Of These
15, or 21.7 per cent, succeeded; 26, or 37.7 per cent, succeeded partly,
and 27, or 39.1 per cent, failed. In the case of 1 strike the result was
not reported. O f strikes lasting longer than 7 days, 9, or 13 per cent,
succeeded; 30, or 43.5 per cent, succeeded partly, and 22, or 31.9 per
cent, failed. In 7 strikes the results were indefinite and in 1 strike
the result was not reported.
In 1908 a larger proportion lasted not longer than 7 days, the num
ber being 66 and the percentage 62.9; of these, 34.8 percent succeeded,
22.7 per cent succeeded partly, and 37.9 per cent failed. O f strikes
reported as of more than 7 days’ duration, 37 in number, but 1 suc
ceeded; 11, or 29.7 per cent, succeeded partly, and 19, or 51.4 per
cent, failed.
85048°—B u ll. 92-11----- 16
BULLETIN OF THE BUREAU OF LABOR.
238
The following table shows the principal facts concerning strikes in
1907, classified according to methods o f settlem ent:
ST R IK E S, B Y M ETHODS OF SETTLEM EN T.
1907.
[W here two or more m ethods of settlement have been em ployed, the data were reported in each case, hence
the totals for this table do not agree w ith those for other tables.]
Strikes which*—
Strikes.
Methods of settlem ent.
D irect negotiation between em
ployer and em ployees..............
Negotiation in which one or
both parties were represented
by their organizations..............
Mediation of third, parties..........
Num Per
ber. cent.
Ended Estab
Aggre
lish
with
Strik gate days
result ments
lost
by
ers.
Suc Suc
in
strikers.
ceed ceeded Failed. indefi volved.
nite or
ed. partly.
not re
ported.
33
21.57
6
23
3
1
163
2,216
30,365
66
11
1
20
1
43.14
7.19
.65
13.07
.65
18
1
30
7
17
3
1
20
1
1
138
210
1
20
1
5,549
5,804
17
657
17
216,684
181,103
176}
21,735
1,091
O ther moana..............................
14
7
9.15
4.58
7
69
11
1,929
230
41,043
21,126
Total..................................
153
100.00
9
613
16,419
513,323}
93
1,752
16,634
170
5
910
155
19,321
4,881
15
184
5,413
2
4
206
8
5
2,609
161
82
14,744
1,662
903
8
502
5,853
63,558
Arbitration..
...........................
Employment o f other workmen.
Disintegration of strike..............
Defeat of one of the parties with
out negotiation........................
14
25
60
59
1908.
D irect negotiation between emDlover and employees.............
Negotiation in which one or
both parties were represented
by their organizations.............
Mediation of third parties..........
Arbitration..................................
Employment of other workmen.
Disintegration o f strike..............
Defeat of one party without ne
gotiation...................................
Other maana..............................
31
26.50
11
11
9
31
5
26.50
4.27
9
16
4
4
1
15
12.82
18.80
6.84
4.27
3
U nknow n............................................
22
8
5
Total..................................
117
100.00
24
2
15
19
6
1
31
54
L ockouts.— There were 16 lockouts reported in 1907, involving 69
establishments and affecting 3,508 persons. The most im portant
lockout, with regard to the number o f establishments and persons
involved, occurred in the cigar industry. This lockout, which was
sym pathetic in character, involved 2,800 persons, em ployed in 37
establishments, and lasted 42 days. Eight other lockouts in the cigar
industry affected 15 establishments, employing 111 persons, and
caused a loss of 4,010 working-days. A lockout in the metal-working
industry involved 304 persons and caused a loss o f 608 working-days.
Of 15 lockouts for which the facts were reported, 4 terminated favor
ably to the employers, 3 terminated favorably to the employees, and
5 were compromised. In 2 of the 3 remaining cases the results were
indefinite and in 1 the result was unknown.
239
FOREIGN STATISTICAL PUBLICATIONS— NETHERLANDS.
In 1908 there were reported 27 lockouts, affecting 1,515 workmen in
155 establishments. The time lost b y the workmen locked out was
34,979 days, besides 6,287 days lost b y others thrown out of employ
ment on account of the lockouts. Of the 27 lockouts, 10, affecting
147 workmen, were among cigarmakers; 5, affecting 714 workmen,
were in textile industries; and 1, affecting 365 workmen, was directed
against engineers and firemen on steamboats. Questions of wages
caused 7 lockouts, and a like number arose from disputes relative to
the acceptance b y employers o f new contracts, while disputes as to
trade unions occasioned 4 lockouts. From the employers’ standpoint,
6 lockouts succeeded, 14 succeeded partly, and 4 failed. In 2 cases
the results were doubtful.
SPAIN.
Estadistica de las Huelgas, 1907.
1908.
Institute de Reformas Sociales.
162 pp.
The present volume is the third report on strikes in Spain published
b y the Institute of So.cial Reform of that country. The data con
tained in the report relate to strikes occurring during the year 1907.
The number o f employees in establishments involved in strikes, the
number of strikes, and the number of strikers are shown in the follow
ing table, b y sex o f persons affected and b y industries:
STRIK ES AN D STR IK E R S, B Y IN DU STRIES, 1907.
Employees in establish
ments affected.
Industries.
Males. Females. Total.
Agriculture..
Mining and quarrying___
Salt works.........................
Textiles.............................
Leather, hides, etc............
W oodworking...................
Metal working...................
Ceramics............................
Chemicals..........................
Foods and drinks.............
Clothing.............................
Furniture..........................
Building............................
Vehicles.............................
Printing, art trades, e tc...
Marine transportation___
Street transportation, etc.
Other industries.................
T otal..
Strikers.
Strikes.
120
42
4,358
60
1,145
759
689
526
7
1,668
27
378
574
3
9
4
3
1
118
775
457
400
203
0)
18,421
580
42
4,420
60
759
780
558
7
162
333
952
Males.
300
39
1,749
40
907
442
461
238
4
141
277
446
3,932
87
367
311
179
34
775
487
434
203
0)
2,000
1,297
19,718
11,920
0
)
Total.
120
*7
*346'
13
250
420
39
1,756
40
1,253
442
461
238
4
141
290
15
3,932
87
382
311
179
751
12,671
2,000
* Not reported.
During the year there were 118 strikes reported, in which 12,671
strikers were involved, of whom 11,920 were males and 751 were
females. The largest number o f strikers in any one industry was
found in the building trades, which furnished 31 per cent of all
240
BULLETIN OP THE BUREAU OP LABOR.
strikers reported; one other strike, industry not specified, furnished
15.8 per cent, while mining and quarrying furnished 13.9 per cent of
the total number of strikers.
The following table shows the strikes and strikers b y industries and
results:
STRIK ES AND STR IK E R S, B Y IN D U STRIES AND RESU LTS, 1907.
Strikers in strikes
which—
Strikes which—
Industries.
Total
strikes.
Total
Suc
strikers. Suc
Suc
Suc ceeded
ceeded Failed.
Failed.
ceeded. partly.
ceeded. partly.
Agriculture...........................................
Fisheries...............................................
Mining and quarrying.........................
Salt works............................................
Textiles.................................................
Leather, hides, etc...............................
W oodworking.......................................
M etalworking........... ..........................
Ceramics...............................................
Chemicals..............................................
Foods and drinks.................................
Clothing................................................
Furniture..............................................
Building...............................................
Vehicles................................„ ..............
Printing, art trades, etc......................
Marine transportation.........................
Street transportation, etc....................
Other industries...................................
2
2
15
1
15
4
9
6
1
2
12
8
5
1
7
1
21
3
9
4
3
1
10
1
2
1
1
6
1
1
1
Total...........................................
118
43
16
1
1
2
5
5
420
39
1,756
40
1,253
442
461
238
4
141
290
696
477
24
341
35
5
2
62
1
1
3,932
87
382
311
179
2,000
3,257
12
27
13
27
50
150
90
40
75
305
148
62
2,000
59
12,671
5,285
1,186
6,200
1
1
2
11
1
9
3
2
3
1
1
1
2
1
7
3
340
12
195
27
139
38
41
16
99
426
635
80
1,422
40
738
418
120
162
4
125
191
270
Of the 118 strikes reported, 43, or 36.4 per cent, were successful,
16, or 13.6 per cent, were partially successful, and 59, or 50 per
cent, failed. The number of strikers involved in strikes which were
successful was 5,285, or 41.7 per cent of all strikers; in the strikes
which were partly successful the number was 1,186, or 9.4 per cent
of all strikers; and in strikes which failed it was 6,200, or 48.9 per
cent of all strikers. In the building trades, which furnished the
largest number of strikers, 82.8 per cent of the strikers were in
strikes which were successful, 16.2 per cent were in strikes which
were partly successful, and 1 per cent were in strikes which failed.
The following table shows the number of strikes, strikers, and the.
strikes in which employees and employers were organized, classified
according to duration of strikes:
STRIK ES AND STR IK E R S, B Y D U RATIO N , 1907.
Strikes in which—
Days of duration.
Under 2...................................................................................
2 to 5.......................................................................................
6 to 10.....................................................................................
11 to 15....................................................................................
16 to 20....................................................................................
21 to 30....................................................................................
31 and over.............................................................................
Nnt rpnnrfori
.. _ ____________ __ ___
Total____
Strikes.
Strikers.
Employees Employers
were or
were or
ganized.
ganized.
19
31
15
16
9
12
14
2
* 5,728
1,807
1,284
1,209
625
961
1,013
44
14
20
12
8
7
8
13
2
6
6
3
4
1
1
7
118
12,671
84
28
241
FOREIGN STATISTICAL PUBLICATIONS— SPAIN,
Of the 118 strikes, 65, or 55.1 per cent, involving 69.6 per cent of
all strikers, lasted less than 11 days. In the 14 strikes, involving
1,013 strikers, which lasted longer than 30 days, the employees were
organized in 13 instances and the employers in 7 instances.
The two following tables show the results of strikes and the days of
duration, classified according to method of settlement:
STRIK ES AND ST R IK E R S, B Y RESU LTS AND M ETHODS OF SETTLEM EN T, 1907.
Strikers in strikes
which—
Strikes which—
Methods of settlement.
Direct negotiations between employ
ers and employees.............................
Between employers and working
men’s unions.....................................
Intervention of authorities................
W ithout intervention.........................
Total...........................................
Total
strikes.
20
8
Total
strikers.
Suc
Suc
Suc ceeded
Suc ceeded
Failed.
ceeded. partly. Failed.
ceeded. partly.
14
4
2
1,391
1,142
187
62
53
37
7
18
4
1
10
1
25
32
351
7,088
3,841
183
3,911
49
168
681
150
2,496
3,642
118
43
16
59
12,671
5,285
1,186
6,200
STRIK ES AND STR IK E R S, B Y D U RATIO N AND METHODS OF SETTLEM EN T, 1907.
Strikes of which days of duration were—
Methods of settlement.
Direct negotiations between em
ployers and employees......................
Between employers and working
men’s unions.....................................
Intervention of authorities...................
W ithout intervention..........................
Total...........................................
Under 2 to 5.
2.
4
2
8
6
2
6to 10.
and N ot re
11 to 15. 16 to 20. 21 to 30. 31
over. ported.
2
3
2
3
10
3
4
3
3
16
9
5
18
5
3
5
5
19
31
15
6
12
1
5
8
14
2
2
Strikers in strikes of which days of duration were—
Methods of settlement.
Under
2.
2 to 5.
6to 10.
and N ot re
11 to 15. 16 to 20. 21 to 30. 31
over. ported.
Direct negotiations between employ
ers and employees.............................
Between employers and working
men’s unions.....................................
Intervention of authorities..................
W ithout intervention..........................
266
421
40
191
28
445
96
3,273
2,093
41
917
428
194
392
658
855
163
568
29
240
276
843
150
44
Total...........................................
5,728
1,807
1,284
1,209
625
961
1,013
44
20
The group of strikes settled by the intervention of the authorities
furnished the largest number of strikes and strikers in 1907. Of the
strikers in such strikes, 3,911, or 55.2 per cent, were in strikes which
were successful; 681, or 9.6 per cent, were in strikes which were par
tially successful; and 2,496, or 35.2 per cent, were in strikes which
failed. As to duration, 64.6 per cent of the strikers engaged in.
strikes settled in this manner were in strikes which lasted 10 days
242
BULLETIN OP THE BUREAU OP LABOR.
and under, 23.5 per cent were in strikes lasting from 11 to 30 days,
and 11.9 per cent were in strikes which continued longer than 30 days.
The results of strikes, classified according to cause, are shown in
the following table:
STR IK E S, B Y CAUSES AND RESU LTS, 1907.
Strikes which—
Toted
strikes.
Causes.
Wage disputes............................................................
Hours of la b o r...........................................................
Shop rules...................................................................
Employment or discharge of persons.......................
Trade-unionism..........................................................
Sympathy with strikers............................................
Affront to dignity of em ployees...............................
Hours of labor and wage disputes............................
Wage disputes and em ployment or discharge of
persons....................................................................
Shop rules and trade-unionism.................................
Total.................................................................
33
10
21
Em
ployees
in
estab
Strikers.
Suc
Suc ceeded
lishments
Failed.
affected. *
ceeded. partly.
14
7
7
5
1
6
1
14
2
8
2,529
3,857
1,128
1,441
412
2,360
117
634
3,891
7,443
1,792
3,424
29
3
7
10
1
7
3
2
5
1
i
3
47
146
163
118
43
16
59
12,671
19,718
2
1
18
3
6
2
2
1
668
402
117
1,752
66
It is seen from the foregoing table that the largest number of
strikers participated in strikes concerning hours of labor. This
cause alone furnished 30.4 per cent o f all strikers for the year. Strikes
resulting from wage disputes furnished 20 per cent of all strikers, and
strikes in sympathy with other strikes furnished 18.6 per cent of all
strikers. Of the strikes due to hours o f labor, 70 per cent were suc
cessful, 10 per cent partly successful, and 20 per cent failed. The
cause for the largest number of strikes was wage disputes, which alone
furnished 28 per cent of all strikes; and it, where it occurred as a
factor in com bination with other causes, form ed 34.7 per cent of all
disputes. The cause next in importance as regards number of
strikes was employment or discharge o f employees, which furnished
24.6 per cent of all strikes.
SWEDEN.
Arbetsinstallelser i Sverige under &r 1908.
merskollegii afdelning f6r arbetsstatistik.
U tgifven af K . K om 1909. 130 pp.
This report covers strikes and lockouts occurring in Sweden in
1908, and follows the plan of a report covering the years 1902 to
1907, a digest of which appeared in Bulletin No. 86. The data pre
sented are in the form of tables with general discussion and detailed
accounts of a number of the more important disputes. Forms of
the schedules of inquiry used are also given.
There were 302 labor disputes during the year, of which 229 were
strikes, 38 were lockouts, and 35 are reported as mixed or indefinite.
243
FOREIGN STATISTICAL PUBLICATIONS— SWEDEN.
The following table shows the number for each year from 1903 to 1908,
together with the number of establishments and of employees affected,
by classes of disputes:
LABO R DISPU TES, B Y Y E A R S, 1903 TO 1908.
Strikes.
Years.
Total.
M ixed or indefinite.
Lockouts.
Estab Em
Estab Em
Estab Em
Estab Em
lish
lish
Num lish ployees Num lish ployees Num ments ployees Num ments ployees
ments
ments
affect
affect ber.
affect ber.
affect ber.
ber.
in
in
in
in
ed.
volved. ed.
volved. ed.
volved. ed.
volved.
109
169
152
239
243
229
256
383
325
Total....... 1,141
1903............
1904............
1905............
1906............
1907............
1908............
498
473
5,970
8,299
13,186
15,050
11,278
17,187
2,603
70,970
668
23
38
12
12
37
125
982
1,218
456
560
5,669
2,672
17
34
25
43
46
35
126
153
510
49
283
826
109
344
11,557
200
1,947
16
96
62
12
12
8
142
215
189
290
312
302
478
598
847
729
818
1,424
24,571
12,248
32,906
18,655
23,540
40,357
69,750 1,450
4,894
152,277
17,619
2,731
19,264
3,045
6,593
20,498
The average number of persons affected by each strike in 1908 was
75, by each lockout 70, and b y each dispute of a mixed or an indefinite
character 586. Ninety per cent of all disputes affected from 1 to 5
establishments. The average was somewhat greater than for the
preceding years, the number being 4.7 as against 2.5 in 1906 and
1907, 4.5 in 1905, and 3 in 1903 and 1904. The average in 1908 was,
however, considerably affected by a single large strike.
The following table shows the disputes for each year, 1903 to 1908,
classified according to results:
RESU LTS OF LABO R DISPU TES, B Y Y E A R S, 1903 TO 1908.
Total.
Results.
Years.
In favor of em In favor of em
ployers.
ployees.
Compromised.
Unknown.
Strikes Em
and
ployees
lock affect
Strikes Em Strikes Em Strikes Em Strikes Em
ed.
and ployees and ployees and ployees and ployees outs.
lock affect lock affect lock affect lock affect
outs.
ed.
ed.
outs.
ed.
ed.
outs.
outs.
1903...........................
1904...........................
1 9 0 5 .../....................
1906...........................
1907...........................
1908...........................
37
63
47
73
70
94
17,411
1,629
1,840
2,739
2,589
8,953
71
116
93
80
1,632
3,540
5,122
7,487
4,121
2,479
47
73
53
90
126
115
4,666
6,925
25,557
8,152
15,893
28,584
TotaL..............
384
35,161
475
24,381
504
89,777
45
68
13
11
18
11
23
13
89
862
154
387
277
937
341 .
2,958
142
215
189
290
312
302
24,571
12,248
32,906
18,655
23,540
40,357
1,450
152,277
244
BULLETIN OF THE BUREAU OF LABOR*
Thirty-one per cent of the strikes, involving 22 per cent of the
strikers, resulted favorably to the em ployers; 27 per cent, involving
but 6 per cent of the strikers, resulted in favor of the employees,
while 38 per cent of the strikes, in which 71 per cent of the employees
were affected, were settled by compromise, leaving 4 per cent,
affecting 1 per cent of the employees, in which the results were un
known.
In the following table are shown by groups of industries the number
and results of disputes and the number of establishments involved
and employees affected:
LABO R DISPU TES, B Y IN DU STRIES AND R ESU LTS, 1908.
Industries.
Agriculture, stock raising, and gardening...
Forestry...........................................................
M ining.............................................................
Other excavating and extractive industries.
Food products.................................................
Textiles............................................................
Clothing...........................................................
Leather, hair, and rubber goods....................
W oodworking.................................................
W ood pulp und paper....................................
Ore smelting and refining...............................
Metal working.................................................
Machinery and ship building........................
Clay, stone, etc., products.............................
Chemical products..........................................
Building trades...............................................
Lighting, waterworks, etc..............................
Commerce and trade.......................................
Transportation:
Land..........................................................
W ater........................................................
Hotels, cafes, and restaurants........................
Total......................................................
Dis
putes.
13
14
6
6
17
5
28
Results.
Estab
Em
lish
ments ployees In favor In favor Com
affected. of em
Un
in
of em
pro known.
volved
ployers. ployees. mised.
12
6
6
56
6
24
46
13
145
15
61
75
17
36
29
3
62
4
6
30
3
847
4
51
7
1
2
31
302
1,424
10
2
11
2
11
1
2
371
2,758
553
173
2,272
283
4,842
660
1,680
2,228
96
319
355
1,452
139
18,498
111
9
7
2
3
3
3
5
5
14
5
1
7
5
5
14
1
1
1
5
2
6
1
3
15
4
1
1
8
1
19
1
3
214
1
1
3,338
3
7
1
2
1
40,357
94
80
8
4
3
3
3
1
2
9
16
3
16
3
5
5
1
1
1
1
2
11
2
28
2
1
2
1
5
115
13
1
Disputes in the building trades were the most numerous and of
greatest magnitude of those occurring during 1908, the. average num
ber of establishments involved in each dispute being 13.7, and the aver
age number of employees involved 298.3. The number of employees
affected in this group during the year almost equaled the total for
the period 1903 to 1907, the total for the 5 years being 19,644 as against
18,498 in 1908. In 19 strikes the employees succeeded, and in 14
they failed. In 28 disputes settlement was effected in each case
by a compromise. The next largest number of strikers and of estab
lishments involved was found in the clothing industry, and here, too,
the number of strikes in which the employees were successful was
somewhat greater than the number of those in which they failed,
though more than one-half the total number of disputes were settled
b y compromise.
245
FOREIGN STATISTICAL PUBLICATIONS— SWEDEN.
The duration of labor disputes, grouped according to results, is
shown in the next table:
DU RATIO N OF LA BO R DISPU TES, B Y RESU LTS, 1908.
Results.
Days of duration.
In favor of
employers.
In favor of
employees.
Total.
Compromised.
Unknown.
Dis
Em
Em
Dis
Em
Dis
Em
Dis
Dis
Em
putes. ployees. putes. ployees. putes. ployees. putes. ployees. putes. ployees.
7 and under..............
8to 14.......................
15 to 30.................... *
31 to 90......................
91 to 180....................
Over 180..................
Unknown.................
Total...............
31
14
17
5
4
3
23
1,452
1,599
942
1,023
2,564
115
1,258
94
8,953
26
18
13
9
3
2
6
1,415
218
417
148
50
43
188
80
2,479
1
1
60
17
26
16
3
5
1,585
675
1,072
5,328
19,157
232
535
11
264
45
4,512
2,509
2,431
6,499
21,771
390
2,245
115
28,584
13
341
302
40,357
28
17
20
86
50
50
40
23
8
From this table it appears that while the number of disputes lasting
7 days and under was 28.5 per cent of the total number, these disputes
affected but 11.2 per cent of the total number of employees involved,
indicating that those strikes of short duration were considerably below
the average in importance. The largest group of employees affected
(more than one-half the total) is found in the period, 91 to 180 days,
in which 23 disputes fall, showing an average of 946.6 persons to each
dispute. Of these im portant and severely contested disputes, 4 were
settled in favor of the employees and 3 failed entirely from the stand
point of the workmen. A table carrying the analysis somewhat
further shows that in the 16 disputes that were compromised, the
employer gained the advantage in 3 cases, in which 3,549 employees
were involved; that the employees were favored in 1 instance, involv
ing 89 work people, and that in 12 disputes, affecting* 15,519 employees,
equal concessions were made.
The m ajority of disputes, 61.5 per cent, lasted not longer than 30
days, and affected only 23.4 per cent of the workmen.
The next table shows the results of disputes by the principal causes
or objects.
BULLETIN OF THE BUREAU OF LABOR.
246
RESU LTS OF LABO R DISPU TES, B Y CAUSES OR OBJECTS, 1908.
Results.
Causes or objects.
In favor
of em
ployers.
In favor Compro
of em
mised.
ployees.
Increase of wages............................................................
Reduction of wages........................................................
Other questions affecting wages...................................
Recognition of unions....................................................
Collective contracts........................................................
Other questions affecting unions..................................
Hours of labor................................................................
Personal questions.........................................................
Reinstatement or discharge of employees....................
Shop rules.......................................................................
Interpretation of contract.............................................
Other causes...................................................................
33
14
15
5
3
5
7
26
5
7
11
1
1
2
5
1
2
2
Total......................................................................
.94
80
2
1
13
2
1
10
Un
known.
76
3
7
3
10
1
6
1
5
Total.
130
18
51
12
20
6
4
1
13
4
25
4
5
14
115
13
302
1
7
1
2
Questions relating to wages gave rise to 65.9 per cent of all disputes
in 1908, as compared with 62 per cent during the five years previous.
The next m ost frequent cause is found in questions relating to unions
and the collective agreement, the number of disputes arising from these
causes being 38, or 12.6 per cent of the total. In the matter of wage
questions, neither employers nor employees seem to have gained a
decided advantage in so far as is shown by the results here given.
In questions affecting organized action, the balance was decidedly
in favor of the employees, they being favored in 17 instances and the
employers in 13. In the matter of hours of labor, the reinstatement or
discharge of workmen, and questions of shop rules, the employers
were generally successful.
The following table shows the number of disputes occurring each
year from 1903 to 1908, by the number of employees affected, also the
total working-days lost each year:
LABO R DISPU TES, B Y Y E A R S AND NUM BER OF EM PLOYEES A FFECTED , 1903 TO 1908.
Employees affected.
Years.
to
1 to 5. 6to 25. 26 to 50. 51
100.
21
27
20
Over
100.
22
1903..............................................
1904..............................................
1905..............................................
1905..............................................
1907..............................................
1908..............................................
13
32
17
42
33
39
58
94
69
93
124
110
27
31
47
60
49
61
47
49
37
26
32
44
47
46
Total.................................
176
548
275
201
217
Total
strikes
and
Un
known lockouts.
1
Total
workingdays lost.
9
142
215
189
290
312
302
642.000
386.000
2,390,000
479.000
514.000
1,842,200
33
1,450
6,253,200
5
4
4
10
FOREIGN STATISTICAL PUBLICATIONS— SWEDEN.
247
The number of employees affected did not exceed 25 in practically
one-half the disputes occurring in 1908, the same being true for the
6-year period, 1903 to 1908. The number of working-days lost in
the last year is in excess of the number lost in any other year than
1905, in which year nearly one-half the employees affected (15,349 out
o f a total of 32,906) were in disputes lasting more than 180 days.
The question as to the organization of employers was answered in
235 of the 302 disputes in 1908, it appearing that they were organized
or partly organized in 125 cases and unorganized in 110 cases reported.
In 39 cases where employers were organized the dispute was settled
in their favor, as against 25 in the employees’ favor and 59 cases com
promised. Where the employers were not organized, they gained
in 33 disputes, lost in 28, and in 44 a compromise was affected.
In 16 instances it was reported that the employers broke a collective
agreement, and that employees broke such an agreement in 21 cases.
Arbitration was resorted to in 6 cases, and in 29 the dispute was settled
by the intervention o f official mediators.
DECISIONS OF COURTS AFFECTING* LABOR.
[E xcept in cases of special interest, the decisions here presented are restricted to
those rendered b y the Federal courts and the higher courts of the States and Terri
tories. O nly m aterial portions of such decisions are reproduced, introductory and
explanatory matter being given in the words of the editor.]
DECISIONS UNDER STATUTE LAW.
A l ie n
Co n t r a c t
L a b o r e r s — D e p o r t a t i o n — E v i d e n c e — Ex
parte George, United States District Court, Northern District o f Ala
bama, 180 Federal Reporter, page 785.— Harry George was arrested
under a warrant issued by the Secretary of Commerce and Labor and
held for deportation to Greece, the country from which he had emi
grated two years and nine months before the proceedings in question,
the act of Congress of February 20,1907 (34 Stat. 898), prohibiting
the immigration of alien contract laborers. George petitioned for a
writ o f habeas corpus, on which petition the present trial was had in
July, 1910. The result was a dismissal of the petition, George being
remanded to custody to be held for deportation.
There was proof of conviction for a felonious offense, but as the
case was decided independently thereof it will not be here considered.
It was not disputed that the proprietor of a shoe-shining establish
ment in Birmingham, Ala., while in Greece had offered to advance
transportation money for George, taking a mortgage on his land as
security therefor, and promising to employ George at a rate of $20
per month, out of which wages the loan for transportation should be
repaid. The petitioner’s plea was that the warrant did not designate
the transaction with sufficient clearness, as to which Judge Grubb,
speaking for the court, said:
The warrant charges that he was induced or solicited to migrate to
this country by offers or promises of employment and in consequence
of an agreement to perform labor in this c o u n t r y . The petitioner
was fully apprised by the warrant that his deportation was sought by
the Government because of a promise made to him or an agreement
made with him to perform labor in this country, which induced his
immigration. There could be no room for doubt on the part o f
petitioner as to the identity of the transaction relied on by the Gov
ernment, since he could have received but one such promise and made
but one such agreement. The warrant was sufficient as to this
charge, certainly when unobjected to on the hearing and criticized
for the first time after deportation was ordered and collaterally upon
248
DECISIONS OF COURTS AFFECTING LABOR.
249
a writ of habeas corpus. The warrant charges each of the elements
o f the ground of deportation relied on, and is not void.
Continuing, the court said:
The evidence shows without conflict that the petitioner was within
the excluded class, called “ contract laborers.” U pon a promise to
employ him upon his arrival in this country at stipulated wages in a
definite occupation, made by one who advanced him m oney for his
passage, secured by a mortgage on his property, and accompanied
him on his iourney, he came to this country, went to work for such
person at the stipulated wages and at the designated occupation,
repaid the advance out of his wages, and continued in the em ploy
ment of the person who made the promise and advance for a year.
The writ is discharged, and the petitioner is remanded to the
custody of the sheriff to await the execution of the warrant of
deportation.
E ig h t - H o u r L a w — Co n s t r u c t io n o f L e v e e s o n t h e M i s s i s
R i v e r — E m e r g e n c i e s — United States v. Garbish, United States
s ip p i
Circuit Court for the Eastern District o f Louisiana, 180 Federal
Reporter, page 502.— This case involved the construction of the
emergency provision of the Federal eight-hour law of August 1,1892
(27 Stat. 340; U. S. Comp. St. p. 2521). This law restricts the employ
ment of labor on public works to eight hours per day, with exceptions
for cases of extraordinary emergencies. Harman Garbish was in
dicted for a violation of this statute by working his men in the con
struction of a levee. There was no question as to the facts, but only
as to the application of the law to the facts. Garbish demurred to
the indictment, and the demurrer was sustained, as appears from the
quoted opinion of Judge Foster, who spoke for the court.
The opinion follow s:
Stripped of the surplusage, the indictment charges that on August
17, 1908, the defendant, a contractor, was engaged in building certain
public levees on the banks of the Mississippi River in the parish of
St. James, La., and required and permitted the laborers employed by
him, and engaged in the said work, to work more than eight hours in
one calendar day. The indictment further sets up that during the
months o f August, September, October, November, and December
the waters of the Mississippi River annually fall below the level o f the
surrounding land and are retained within its banks without the neces
sity of artificial levees; that the work was being done in the ordinary
and usual course of levee building by the Government of the United
States, in preparation for the high waters that annually come down
the river; that the existing levee was not of sufficient size and
strength and did not com ply with the Government standard, and
wits being destroyed and replaced by the new, higher, and stronger
levee; that nothing unusual or out of the ordinary had required the
destruction of the old levee, or the building of the new levee; and
that the contractor had the usual time to complete the levee, so as
to allow it to settle and pack and become ready to withstand the next
annual rise of the river.
250
BULLETIN OP THE BUREAU OP LABOR.
The defendant rests his case on the proposition that the building
of levees on the Mississippi River, in the eastern district o f Louisiana,
at all times presents an extraordinary emergency; and hence that
articular work is exempted from the operation o f the law. This is
enied by the Government, and the indictment contains the general
averment that no extraordinary emergency existed. The question
thus squarely presented is decisive o f the case, if defendant’s conten
tion be sustained.
The building o f levees in Louisiana has at all times presented many
problems. It is absolutely necessary, not only for the preservation
o f property and to permit the cultivation of the land, hut to safeuard the very lives o f the inhabitants as well, that levees should be
uilt on the banks o f the Mississippi R iver in this locality. There
fore it has always been usual that levee work proceed with the greatest
dispatch, and the labor o f the day has never been restricted to eight
hours. In the nature o f things, it is impossible to em ploy an unlim
ited number of men or teams in the building o f levees, as, no matter
how great a force the contractor may assemble, the work will not
permit of crowding. It is necessary that levees be built in as short a
time as possible, in order that they m ay settle as much as they can,
and that the grass m ay become well rooted upon them, before they
are called upon to bear the strain o f a high river.
It is true that the months of August, September, October, Novem
ber, and December are the most favorable for levee building, but
there is no certainty that during any part of these months the river
will maintain a low stage. When the river is bank full, necessarily
no levees can be built. Statistics o f the river’s height, at New
Orleans, show that during the past 25 years the river has been bank
full on nearly every day o f the year, and these statistics m ay well
apply to the locality where the defendant was working. An unprece
dented rain, or an early freeze followed by a thaw, anywhere m the
valley o f the Mississippi R iver or its tributaries, m ight unexpectedly
cause the river to rise at New Orleans. No one can foresee or antici
pate the acts of nature, and who can say that a few days’ more time, in
which it might have becom e solidified, would not have so materially
added to the levee’s strength as to enable it to withstand the pressure,
and without which it might signally fail.
All of these facts are within the common knowledge of the people ofthis district, and, in connection with the specific allegations o f fact
in the indictment, overcom e the mere conclusion o f the pleader that
no extraordinary emergency existed. The case presented here is
not that o f a contractor trying to com plete his job on schedule time,
nor is it a question o f expediency or the saving of expense. In m y
opinion, the building o f levees on the banks of the Mississippi River
in the eastern district of Louisiana presents at all times an extraor
dinary emergency, within the meaning of the statute.
It may be that the indictment is otherwise demurrable, but I
prefer to base m y decision on the broad ground above set forth.
The demurrer will be sustained, and the defendant discharged.
S
f
DECISIONS OP COURTS AFFECTING LABOR.
251
E m p l o y e r s ’ L ia b il it y — C o m p e n s a t io n L a w — L ia b il it y w it h o u t
F a u l t — D u e P r o c e ss o f L a w — Co n s t it u t io n a l it y o f S t a t u t e —
Ives v. South Buffalo Railway Company, Court o f Appeals o f New
York {copy o f opinion furnished by State reporter) — This case
came before the court of appeals on an appeal from a decision by
the supreme court sustaining the validity of chapter 674 of the
Acts of 1910. (124 N. Y . Supp. 920.) This law required employers
in designated dangerous employments to compensate their workmen
for injuries befalling them in the course of employment, resulting
merely from the risk of the employment, and without regard to the
negligence of the employer. (For the text of the law see Bulletin
No. 90, pp. 713, 714; Bulletin No. 91, pp. 1100-1102.) The plaintiff
Ives was a brakeman in the employment of the railway company
named, and was injured without negligence, but solely by reason
of the necessary risks of his employment. The company resisted his
claim to compensation under the law on the ground that the law was
unconstitutional, denying equal protection of the law in contraven
tion of the provisions of the fourteenth amendment, and violating the
right of trial by jury guaranteed by the constitution of the State.
From a decision in the plaintiff’s favor in the supreme court the
company appealed, securing a reversal of the judgment of the lower
court on grounds that appear in the following opinion, which was
delivered by Judge Werner on March 24, 1911, all judges concurring.
Judge W erner said:
In 1909 the legislature passed a law (ch. 518) providing for a
commission of 14 persons, 6 of whom were to be appointed by the
governor, 3 by the president of the senate from the senate, and 5 by
the speaker of the assembly from the assembly, “ to make inquiry,
examination and investigation into the working of the law in the
State of New Y ork relative to the liability of employers to employees
for industrial accidents, and into the comparative efficiency, cost, jus
tice, merits and defects of the laws of other industrial States and
and countries, relative to the same subject, and as to the causes of
the accidents to employees.” The act contained other provisions ger
mane to the subject and provided for a full and final report to the
legislature of 1910, if practicable, and if not practicable, then to the
legislature of 1911, with such recommendations for legislation by bill
or otherwise as the commission might deem wise or expedient. Such
a commission was appointed and prom ptly organized b y the election
of officers and the appointment of subcommittees, the chairman being
Senator Wainwright, from whom it has taken the name of the “ W ainwright commission,” by which it is popularly known. No word of
praise could overstate the industry and intelligence of this commission
m dealing with a subject of such manifold ramifications and of such
far-reaching importance to the State, to employers and to employees.
W e can not dwell in detail upon the many excellent features of its
comprehensive report, because the limitations of time and space must
necessarily confine us to such of its aspects as have a necessary relation
252
BULLETIN OF THE BUREAU OF LABOR.
to the legal questions which we are called upon to decide. As the
result of its labors the commission recommended for adoption the bill
which, with slight changes, was enacted into law by the legislature of
1910, under the designation of article 14-a of the labor law. This act
is modeled upon the English workmen’s compensation act of 1897,
which has since been extended so as to cover every kind of occupa
tional injury. Our commission has frankly stated in its report that
the classification of the industries which will be immediately affected
by the present statute is only tentative, and that other more extended
classifications will probably be recommended to the legislature for its
action.
The statute, judged by our common-law standards, is plainly revo
lutionary. Its central and controlling feature is that every employer
who is engaged in any of the classified industries shall be liable for
any injury to a workman arising out of and in the course of the employ
ment by “ a necessary risk or danger of the employment or one inher
ent in the nature thereof; * * * provided that the em ployer shall
not be liable in respect of any injury to the workman which is caused
in whole or in part by the serious and willful m isconduct of the work
man.” This rule o f liability, stated in another form , is that the
employer is responsible to the employee for every accident in the
course of the employment, whether the employer is at fault or not,
and whether the employee is at fault or not, except when the fault of
the employee is so grave as to constitute serious and willful misconduct
on his part. The radical character of this legislation is at once revealed
by contrasting it with the rule of the common law, under which the
employer is liable for injuries to his employee only when the em ployer
is guilty of some act or acts of negligence which caused the occurrence
out of which the injuries arise, and then only when the employee is
shown to be free from any negligence which contributes to the occur
rence. The several judicial and statutory modifications of this broad
rule of the common law we shall further on have occasion to mention.
Just now our purpose is to present in sharp juxtaposition the funda
mentals of these two opposing rules, namely, that under the common
law an employer is liable to his injured employee only when the em
ployer is at fault and the employee is free from fault; while under the
new statute the em ployer is liable, although not at fault, even when
the employee is at fault, unless this latter fault amounts to serious and
willful misconduct. The reasons for this departure from our longestablished law and usage are summarized m the language of the
commission as follow s:
“ First, that the present system in New York rests on a basis that
is econom ically unwise and unfair, and that in operation it is wasteful,
uncertain ana productive of antagonism between workmen and
employers.
“ Second, that it is satisfactory to none and tolerable only to those
employers and workmen who practically disregard their legal rights
and obligations, and fairly share the burden of accidents in industries.
“ Third, that the evils of the system are m ost marked in hazardous
employments, where the trade risk is high and serious accidents
frequent.
‘ “ Fourth, that, as matter of fact, workmen in the dangerous trades
do not, and practically can not, provide for themselves adequate acci
dent insurance, and, therefore, the burden of serious accidents falls
DECISIONS OF COURTS AFFECTING LABOR.
253
on the workmen least able to bear it, and brings many of them and
their families to want.”
This indictment of the old system is followed by a statement of the
anticipated benefits under the new statute as follow s: “ These results
can, we think, be best avoided by compelling the employer to share
the accident burden in intrinsically dangerous trades, since by fixing
the price of his product the shock of the accident may be borne by the
community. In those employments which have not so great an ele
ment of danger, in which, speaking generally, there is no such impera
tive demand for the exercise of the police power of the State for the
safeguarding of its workers from destitution and its consequences, we
recommend, as the first step in this change of system, such amend
ment of the present law as will do away with some of its unfairness in
theory and practice, and increase the workman’s chance o f recoveiy
under the law. W ith such changes in the law we couple an elective
plan of compensation which, if generally adopted, will do away with
many of the evils of the present system. Its adoption will, we
believe, be profitable to both employer and employee, and prove to
be the simplest way for the State to change its system of liability with
out disturbance of industrial conditions. N ot the least of the m otives
m oving us is the hope that by these means a source of antagonism
between employer and employed, pregnant with danger for the State,
may be eliminated.”
This quoted summary of the report of the commission to the legis
lature, which clearly and fairly epitomizes what is more fully set forth
in the body of the report, is based upon a most voluminous array of
statistical tables, extracts from the works of philosophical writers and
the industrial laws of many countries, all of which are designed to
show that our own system of dealing with industrial accidents is eco
nomically, m orally and legally unsound. Under our form of govern
ment, however, courts must regard all economic, philosophical and
moral theories, attractive and desirable though they may be, as sub
ordinate to the primary question whether they can be molded into
statutes without infringing upon the letter or spirit of our written
constitutions. In that respect we are unlike any of the countries
whose industrial laws are referred to as models for our guidance.
Practically all of these countries are so-called constitutional mon
archies in which, as in England, there is no written constitution, and
the Parliament or law-making body is supreme. In our country the
Federal and State constitutions are the charters which demarfc the
extent and the limitations of legislative power; and while it is true
that the rigidity of a written constitution may at times prove ta be a
hindrance to the march of progress, yet more often its stability pro
tects the people against the frequent and violent fluctuations of that
which, for want of a better name, we call public opinion.
W ith these considerations in mind we turn to the purely legal
phases of the controversy for the purpose of disposing of some things
which are incidental to the main question. The new statute, as we
have observed, is totally at variance with the common-law theory of
the employer’s liability. Fault on his part is no longer an element of
the employee’s right of action. This change necessarily and logically
carries with it the abrogation of the ‘ ‘ fellow-servant ’ ’ doctrine, the
“ contributory negligence” rule, and the law relating to the employee’s
assumption of risks. There can be no doubt that the first two of
85048°— Bull. 92— 11----- 17
254
BULLETIN OP THE BUREAU OP LABOR.
these are subjects clearly and fully within the scope of legislative
power; and that as to the third, this power is limited to some extent
by constitutional provisions.
The “ fellow-servant” rule is one of judicial origin engrafted upon
the common law for the protection of the master against the conse
quences of negligence in which he has no part. In its early application
to simple industrial conditions it had the support of bom reason and
justice. B y degrees it was extended until it became evident that
under the enormous expansion and infinite com plexity of our m odem
industrial conditions the rule gave opportunity, in many instances,
for harsh and technical defenses. In recent years it has been much
restricted in its application to large corporate and industrial enter
prises, and still more recently it has been modified and, to some
extent abolished, by the labor law and the employers’ liability act.
The law o f contributory negligence has the support of reason in
any system o f jurisprudence in which the fault or one is the basis
of liability for injury to another. Under such a system it is at least
logical to hold that one who is himself to blame for his injuries should
not be perm itted to entail the consequences upon another who has
not been negligent at all, or whose negligence would not have caused
the injury ir the one injured had been free from fault. I t m ay be
admitted that the reason of the rale is often lost sight of in the effort
to apply it to a great variety o f practical conditions, and that its effi
cacy as a rule or justice is much unpaired by the lack of uniform ity in
its administration. In the admiralty branch o f the Federal courts, for
instance, we have what is known as the rule of comparative negligence
under which, when there is negligence on both sides, it is apportioned
and a verdict rendered accordingly. In many of the States contribu
tory negligence is a defense which must be pleaded and proved by
the defendant, and in some States it has been entirely abrogated by
statute. In our own State the plaintiff’ s freedom from contributory
negligence is an essential part of his cause o f aption which must be
affirmatively established by him, except in cases brought by employees
under the labor law, by virtue of which the contributory negligence
of an employee is now made a defense which must be pleaded and
proved by the em ployer; and under the employers’ liability act which
provides that the employee’s continuance in his employment after
he has knowledge of dangerous conditions from which injury may
ensue, shall not, as matter of law, constitute contributory negligence.
Under the common law the employee was also held to have assumed
the ordinary and obvious risks incident to the em ploym ent as well
as the special risks arising out of dangerous conditions which were
known and appreciated by him. This doctrine, too, has been modi
fied by statute so that under the labor law and the employers’ liability
act the employee is presumed to have assented to the necessary risks
of the occupation or employment and no others; and these necessary
risks are defined as those only which are inherent in the nature of
the business and exist after tne employer has exercised due care in
>roviding for the safety of his employees, and has com plied with the
aws affecting or regulating the business or occupation for the greater
safety of employees.
W e have said enough to show that the statutory modifications of
the “ fellow-servant” rule and the law of “ contributory negligence”
are clearly within the legislative power. These doctrines, for they
}
DECISIONS OP COURTS AFFECTING LABOR.
255
are nothing more, may be regulated or even abolished. This is true
to a lim ited extent as to the assumption of risk by the employee. In
the labor law and the employers’ liability act, which define the risks
assumed by the employee, there are many provisions which cast
upon the employer a great variety of duties and burdens unknown to
the common law. These can doubtless be still further multiplied
and extended to the point where they deprive the employer of rights
guaranteed to him bv our constitutions, and there, of course, they
must stop, as we shall endeavor to demonstrate later on.
Passing now to the constitutional objections which are presented
against the new statute, we will first eliminate those which we regard
as clearly or probably untenable. The appellant [company] argues
and the respondent [Ives] admits that the new statute can not be
upheld under the reserved power o f the legislature to alter and
amend charters. It is true that the defendant in the case at bar is a
railroad corporation, but the act applies to eight enumerated occu
pations or industries without regard to the character o f the em
ployers. They m ay be corporations, firms or individuals. Nowhere
m the act is there any reference to corporations. The liability sought
to be imposed is based upon the nature of the employment and not
upon the legal status o f the employer. I t is, therefore, unnecessary
to decide how far corporate liability m ay be extended under the re
served power to alter or amend charters, except as that question
m ay be incidentally discussed in considering the police power of the
State.
The appellant contends that the classification in this statute, o f a
limited number o f employments as dangerous, is fanciful or arbitrary,
and is, therefore, repugnant to that part o f the fourteenth amend
ment to the Federal Constitution which guarantees to all our citizens
the equal protection o f the laws. Classification, for purposes o f taxa
tion, or o f regulation under the police power, is a legislative function
with which the courts have no right to interfere unless it is so clearly
arbitrary or unreasonable as to invade some constitutional right.
A State may classify persons and objects for the purpose o f legislation
provided the classification is based on proper and justifiable distinc
tions (St. John v. New York, 201 U. S. 633; Missouri Pac. R y. Co. v.
Mackey, 127 U. S. 205 [8 Sup. Ct. 1161]; Minneapolis & St. L . R y. Co.
v. Herrick, 127 U. S. 210 [8 Sup. Ct. 1176]; Chicago, K . & W . R . R .
Co. v. Pontius, 157 U. S. 209), and for a purpose within the legislative
power. There can be no doubt, we think, that all of the occupations
enumerated in the statute are more or less inherently dangerous to a
degree which justifies such legislative regulation as is properly within
the scope o f the police power. W e need not look for illustration or
authority outside o f the labor law to which this new statute has been
added. The whole of that law which precedes the latest addition is
devoted to restrictions and regulations imposed upon employers in
specified occupations or conditions for the conservation o f the health,
safety and morals o f employees. These restrictions and regulations do
not affect all employers alike in all occupations, nor are they designed
to have that effect. The mandate o f the Federal Constitution is
com plied with if all who are in a particular class are treated alike.
(Missouri Pac. R y. Co. v. Humes, 115 U. S. 512, 523; Barbier v.
ConnoUy, 113 U. S. 27; Soon Hing v. Crowley, 113 U. S. 703; Magoun
v. 111. Trust & Sav. Bank, 170 U. S. 283, 294; People ex rel. Hatch
256
BULLETIN OF THE BUREAU OF LABOR.
v. Reardon, 184 N. Y . 431; People ex rel. Farrington v. Mensching,
187 N. Y . 8, 16), and that, we think, is the effect o f this classification.
Another objection urged against the statute is that it violates
section 2 of article 1 of our State constitution which provides that
“ The trial by jury in all cases in which it has been heretofore used
shall remain inviolate forever.” This objection is aimed at the provi
sions of sections 219-a and 219-d of the statute, which relate to the
“ scale of com pensation” and “ settlement of disputes,” and has no
reference to the fundamental question whether the attempt to impose
upon the employer a liability when he is not at fault, constitutes a
taking of property without due process of law. In other words,
the objection which we are now considering bears solely upon the
question whether the two last-mentioned sections of the statute
deprive the employer of the right to have a jury fix the amount which
he shall pay when his liability to pay has been determined against
him. If these provisions relating to compensation are to be con
strued as definitely fixing the amount which an employer must pay
in every case where his liability is established by the statute, there
can be no doubt that they constitute a legislative usurpation of one
of the functions of a common-law jury. In all cases where there is a
right to trial by jury there are two elements which necessarily enter into
a verdict for the plaintiff: 1. The right to recover. 2. The amount
of the recovery. It is as much the right of a defendant to have a
jury assess the damages claimed against him as it is to have the ques
tion of his liability determined by the same body. (East Kingston
v. Towle, 48 N. H . 57; Wadsworth v. Union Pacific R y. Co., 18 Col.
600; Fairchild v. Rich, 68 Y t. 202.) This part of the statute, in its
present form, has given rise to conflicting views among the members
of the court, and, since the disposition of the questions which it sug
gests is not necessary to the decision of the case, we do not decide it.
Thus far we have considered only such portions of the statute as
we deem to be clearly within the legislative power, and one as to
which there is difference of opinion. This we have done because
we desire to present no purely technical or hypercritical obstacles
to any plan for the beneficent reformation of a branch of our juris
prudence in which, it may be conceded, reform is a consummation
devoutly to be wished. In this spirit we have called attention to
those features of the new statute which might be upheld as conso
nant with legislative authority under our constitutional limitations,
as well as to the sections upon which we are in doubt. W e turn now
to the two objections which we regard as fatal to its validity.
This legislation is challenged as void under the fourteenth amend
ment to the Federal Constitution and under section 6, article 1,
of our State constitution, which guarantee all persons against depriva
tion of life, liberty or property without due process of law. W e
shall not stop to dwell at length upon definitions of “ life,” “ liberty,”
“ property” and “ due process of law.” They are simple and compre
hensive in themselves and have been so often judicially defined that
there can be no misunderstanding as to their meaning. Process of
law in its broad sense means law m its regular course of administra
tion through courts of justice, and that is but another way of saying
that every man’s right to life, liberty and property is to be disposed
of in accordance with those ancient and fundamental principles which
were in existence when our constitutions were adopted. “ 'Due proc
DECISIONS OP COURTS AFFECTING LABOR.
257
ess of law implies the right of the person affected thereby to be pres
ent before the tribunal which pronounces judgment upon the ques
tion of life, liberty or property m its most comprehensive sense; to be
heard by testimony or otherwise, and to have the right of contro
verting by proof every material fact which bears upon the question
of right in the matter involved. If any question of fact or liability
be conclusively presumed against him this is not due process of
law.” (Ziegler v. S. & N. Ala. R . R . Co., 58 Ala. 594). Liberty
has been authoritatively defined as “ the right of one to use his
faculties in all lawful ways, to live and work where he will, to
earn his livelihood in any lawful calling, and to pursue any lawful
trade or avocation” (Matter of Jacobs, 98 N. Y . 98, 106); and the
right of property as “ the right to acquire, possess and enjoy it in any
way consistent with the equal rights of others and the just exactions
and demands of the State. ” (Bertholf v. O’ Reilly, 74 N. Y . 509, 515.)
The several industries and occupations enumerated in the statute
before us are concededly lawful within any of the numerous defini
tions which might be referred to, and have always been so. They
are, therefore, under the constitutional protection. One of the
inalienable rights of every citizen is to hold and enjoy his property
until it is taken from him by due process of law. When our consti
tutions were adopted it was the law of the land that no man who
was without fault or negligence could be held liable in damages for
injuries sustained by another. That is still the law, except as to
the employers enumerated in the new statute, and as to them it pro
vides that they shall be liable to their employees for personal injury
by accident to any workman arising out of and in the course of the
employment which is caused in whole or in part, or is contributed to,
by a necessary risk or danger of the employment or one inherent in
the nature thereof, except that there shall be no liability in any case
where the injury is caused in whole or in part by the serious and will
ful misconduct of the injured workman. It is conceded that this is a
liability unknown to the common law and we think it plainly consti
tutes a deprivation of liberty and property under the Federal and
State constitutions, unless its imposition can be justified under the
police power which will be discussed under a separate head. In
arriving at this conclusion we do not overlook the cogent econom ic
and sociological arguments which are urged in support of the stat
ute. There can be no doubt as to the theory of this law. It is based
upon the proposition that the inherent risks of an employment
should in justice be placed upon the shoulders of the employer, who
can protect himself against loss by insurance and by such an addi
tion to the price of his wares as to cast the burden ultim ately upon
the consumer; that indemnity to an injured employee should be as
much a charge upon the business as the cost of replacing or repair
ing disabled or defective machinery, appliances or tools; that, under
our present system, the loss falls immediately upon the employee
who is almost invariably unable to bear it, and ultimately upon the
community which is taxed for the support of the indigent; and that
our present system is uncertain, unscientific and wasteful, and fosters
a spirit of antagonism between employer and employee which it is
to the interests of the State to remove. W e have already admitted
the strength of this appeal to a recognized and widely prevalent
sentiment, but we think: it is an appeal which must be made to the
258
BULLETIN OF THE BUREAU OF LABOR.
S
le and not to the courts. The right of property rests not upon
>sophical or scientific speculations nor upon the commendable
impulses o f benevolence or charity, nor yet upon the dictates of nat
ural justice. The right has its foundation in the fundamental law.
That can be changed by the people, but not by legislatures. In a
government like ours theories of public good or necessity are often
so plausible or sound as to command popular approval, but courts
are not permitted to forget that the law is the only chart by which
the ship o f state is to be guided. Law as used in this sense means
the basic law and not the very act .of legislation which deprives the
citizen of his rights, privileges or property. Any other view would
lead to the absurdity that the constitutions protect only those rights
which the legislatures do not take away. If such econom ic and
sociologic arguments as are here advanced in support of this statute
can be allowed to subvert the fundamental idea of property, then
there is no private right entirely safe, because there is no lim itation
upon the absolute discretion or legislatures, and the guarantees of
the constitution are a mere waste or words. (Wynehamer v. People,
13 N. Y . 378; Taylor v. Porter, 4 Hill, 140, 145; Norman v. Heist, 5
Wats. & Serg. 193; Hake v. Henderson, 4 Dev. 15.) As stated by
Judge Comstock in the case of Wynehamer v. People, “ these consti
tutional safeguards, in all cases, require a judicial investigation, not
to be governed by a law specially enacted to take away and destroy
existing rights, but confined to the question whether, under the pre
existing rule of conduct, the right in controversy has been lawfully
acquired and is lawfully possessed” (p. 395). If the argument in
support of this statute is sound we do not see why it can not logi
cally be carried much farther. Poverty and misfortune from every
cause are detrimental to the State. It would probably conduce to
the welfare of all concerned if there could be a more equal distribu
tion of wealth. Many persons have much more property than they
can use to advantage and many more find it impossible to get the
means for a com fortable existence. If the legislature can say to
an employer, “ you must compensate your employee for an injury
not caused by you or by your fault,” why can it not go farther and
say to the man of wealth, “ you have more property than you need
and your neighbor is so poor that he can barely subsist; in the inter
est of natural justice you must divide with your neighbor so that
he and his dependents shall not become a charge upon the State?”
The argument that the risk to an employee should he borne by the
employer, because it is inherent in the employment may be econom
ically sound, but it is at war with the legal principle that no employer
can be compelled to assume a risk which is mseparable from the work
of the employee, and which may exist in spite of a degree of care by
the employer far greater than may be exacted by the most drastic law.
If it is competent to impose upon an employer, who has om itted no
legal duty and has committed no wrong, a liability based solely upon a
legislative fiat that his business is inherently dangerous, it is equally
competent to visit upon him a special tax for the support of hospitals
and other charitable institutions, upon the theory that they are
devoted largely to the alleviation of ills primarily due to his business.
In its final ana simple analysis that is taking the property of A and
giving it to B, and that can not be done under our constitutions.
.Practical and simple illustrations of the extent to which this theory
DECISIONS OF COURTS AFFECTING LABOR.
259
of liability might be carried could be multiplied ad infinitum, and
many will readily occur to the thoughtful reader. There is, of course,
in this country no direct legal authority upon the subject of the
liability sought to be imposed by this statute, for the theory is not
merely new m our system of jurisprudence, but plainly antagonistic
to its basic idea. The English authorities are of no assistance to us,
because in the king's courts the decrees of the Parliament are the
supreme law of the land, although they are interesting in their dis
closures of the paternalism which logically results from a universal
employers' liability based solely upon the relation of employer and
employee, and not upon fault in the employer. There are a few
American cases, however, which clearly state the legal principle
which, we think, is applicable to the case at bar, and with a brief
reference to them we shall close this branch of the discussion. In
the nitroglycerine case (Parrot v. W ells, Fargo & Co., 15 W all. 524)
the plaintiff, who was the common landlord of the defendants and
other tenants, sought to hold the defendants liable for damages
occasioned to the premises occupied by the other tenants, by an
explosion of nitroglycerine which had been delivered to the defendants
as common carriers for shipment. It appeared that the defendants
were innocently ignorant of the contents of the packages containing
the dangerous explosives, and that they were guilty of no negligence
in receiving or handling them. Upon these facts the Federal Supreme
Court held that it was a case of unavoidable accident for which no
one was legally responsible. In Ohio & Mississippi R y. Co. v. Lackey,
78 111. 55, the question was whether the railroad company was liable
under a statute which provided that “ every railroad company running
cars within this State shall be liable for all the expense of the coroner
and his inquest, and the burial of all persons who may die on the cars,
or who may be killed by collision or other accident occurring to such
cars, or otherwise." In speaking of the effect of that section of the
law Mr. Justice Breese observed: “ An examination of the section
will show that no default, or negligence of any kind, need be estab
lished against the railroad company, but they are mulcted in heavy
charges if, notwithstanding all their care and caution, a death should
occur on one of their cars, no matter how caused, even if by the party's
own hand. Running of trains by these corporations is lawful and of
great public benefit. It is not claimed that the liability attaches for
the violation of any law, the omission of any duty or the want of
proper care or skill m running their trains. The penalty is not aimed
at anything of this kind. We say penalty, for it is in the nature of a
penalty, and there is a constitutional inhibition against imposing
penalties where no law has been violated or duty neglected. Neither
is pretended in this case, nor are they in contemplation of the statute.
A passenger on a train dies from sickness. He is a man of wealth.
W hy should his burial expenses be charged to the railroad company ?
There is neither reason nor justice in it; and if he be poor, having not
the means for a decent burial, the general law makes ample provision
for such cases." To the same effect are the numerous cases arising
under statutes passed by different States imposing upon railroad cor
porations absolute liability for killing or injuring upon their rights of
way horses, cattle, etc., by running over them, m which this liability
was held to constitute a deprivation of property without due process
260
BULLETIN OF THE BUREAU OF LABOR.
of law. (Jensen v. Union Pacific R y. Co., 6 Utah, 253; Ziegler v.
South & North Alabama R y. Co., 58 Ala. 594; Birmingham R y. Co. v.
Parsons, 100 Ala. 662; Bielingbery v. Montana Union R y. Co., 8
Mont. 271; Schenk v. Union Pacific R y. Co., 5 W yo. 430; Cottrell v.
Union Pacific R y. Co., 2 W yo. 540.)
A different interpretation has been given to statutes imposing upon
railroad corporations the duty to fence their rights of way, under
which the liability is imposed for failure to obey the command of the
statutes. (Quackenbush v. W is. R y. Co., 62 W is. 411; Missouri Pac.
R y. Co. v . Humes, 115 U. S. 512; Minneapolis & St. L. R y. Co. v.
Beckwith, 129 U. S. 26.) “ But even such statutes,” saiys JBlack in
his work on Constitutional Law (2d ed. p. 351), “ can not go beyond
the im position of such a penalty in cases where the fault lies at the
door of the company. I f the law attempts to make such companies
liable for accidents which were not caused by their negligence or
disobedience of the law, but by the negligence of others or by uncon
trollable causes, or does not give the company an opportunity to
show these facts in its own defense, it is void.”
W e conclude, therefore, that in its basic and vital features the right
given to the employee by this statute, does not preserve to the
employer the “ due process” of law guaranteedvby the constitutions,
for it authorizes the taking of the em ployees property without his
consent and without his fault. So far as the statute merely creates a
new remedy in addition to those which existed before it is not invalid.
The State has complete control over the remedies which it offers to
suitors in its courts even to the point of making them applicable to
rights or equities already in existence. It may change tne common
law and the statutes so as to create duties and liabilities which never
existed before. It is true, as stated by Mr. Justice Brown in Holden
v . Hardy, 169 U . S. 366, 385, 386, that “ the law is, to a certain extent,
aprogressive science; that in some of the States methods of procedure,
which at the time the Constitution was adopted were deemed essential
to the protection and safety of the people, or to the liberty of the
citizen, have been found to be no longer necessary; that restrictions
which had form erly been laid upon the conduct of individuals, or of
classes of individuals, had proved detrimental to their interests;
while, upon the other hand, certain other classes of persons, par
ticularly those engaged in dangerous or unhealthful employments,
have been found to be in need o f additional protection. Even before
the adoption of the Constitution, much had been done toward miti
gating the severity of the common law, particularly in the adminis
tration of its criminal branch. * * * The present century has
originated legal reforms of no less importance. The whole fabric of
special pleading, once thought to be necessary to the elimination [sic]
of the real issue between the parties, has crumbled to pieces. The
ancient tenures of real estate have been largely swept away, and land
is now transferred almost as easily and cheaply as personal property.
Married women have been emancipated from the control of their
husbands and placed upon a practical equality with them with respect
to the acquisition, possession and transmission of property. Impris
onment for debt has been abolished. Exemptions from execution
have been largely added to, and in most of the States homesteads are
rendered incapable of seizure and sale upon forced process. Witnesses
are no longer incompetent by reason of interest, even though they be
DECISIONS OF COURTS AFFECTING LABOR.
261
parties to the litigation. Indictments have been simplified, and an
indictment for the most serious of crimes is now the simplest of all.
In several of the States grand juries, formerly the only safeguard
against a malicious prosecution, have been largely abolished, and in
others the rule of unanimity, so far as applied to civil cases, has given
way to verdicts rendered by a three-fourths m ajority.” The power
of the State to make such changes in methods of procedure and in
substantive law is clearly recognized. (Hurtado y . California, 110
U. S. 516; Hayes v. Missouri, 120 XL S. 68; Missouri Pac. Railway Co.
v . Mackey, 127 U. S. 205; Hallinger v. Davis, 146 U. S. 314; Matter
of Kemmler, 136 U . S. 436; Duncan v. Missouri, 152 U. S. 377.) W e
repeat, however, that this power must be exercised within the con
stitutional limitations which prescribe the law of the land. “ Due
process of law ” is process due according to the law of the land, and
the phrase as used in the fourteenth amendment of the Federal
Constitution with reference to the power of the States means the
general law of the several States as fixed or guaranteed by their
constitutions. As stated by Mr. W ebster, in the Dartmouth College
case, “ the law of the land is the general law; the law which hears
before it condemns, which proceed! upon inquiry and renders judg
ment only after trial.”
If we are warranted in concluding that the new statute violates
private right by taking the property of one and giving it to another
without due process o f law, that is really the end of tins case. But
the auspices under which this legislation was enacted, no less than
its intrinsic importance, entitle its advocates to the fullest consid
eration of every argument in its support, and we, therefore, take
up the discussion o f the police power under which this law is sought
to be justified. The .police power is, of course, one of the necessary
attributes of civilized government. In its m ost comprehensive
sense it embraces the whole system by which the State seeks to
preserve the public order, to prevent offenses against the law, to
msure to citizens in their intercourse with each other the enjoym ent
of their own so far as is reasonably consistent with a like enjoym ent
of rights by others. Under it persons and property are subjected
to all kinds of restraints and burdens in order to secure the general
com fort, health and prosperity of the State. But it is a power which
is always subject to the constitution, for in a constitutional govern
ment lim itation is the abiding principle, exhibited in its highest
form in the constitution as the deliberative judgment of the people,
which moderates every claim of right and controls every use of
power. In the language of Chief Justice Shaw, in Commonwealth v .
Alger, 7 Cush. 85; “ It is much easier to perceive and realize the
existence and sources of this power than to mark its boundaries or
prescribe limits to its exercise.” It covers a multitude of* things
that are designed to protect life, limb, health, com fort, peace and
property according to the maxim sic utere tuo ut alienum non lsedas,
but its exercise is justified only when it appears that the interests
of the public generally, as distinguished from those of a particular
class, require it, and when the means used are reasonably necessary
for the accomplishment of the desired end, and are not unduly
oppressive. (Lawton v. Steele, 152 U. S. 133, 137; Colon v. Lisk,
153 N. Y . 188,196; W right v. Hart, 182 N. Y . 330.) In order to sus
tain legislation under the police power the courts must be able to see
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BULLETIN OF THE BUREAU OF LABOR.
that its operation tends in some degree to prevent some offense or evil,
or to preserve public health, morals, safety and welfare. If it dis
closes no such purpose, but is clearly calculated to invade the liberty
and property of private citizens, it is plainly the duty of the courts
to declare it invalid, for legislative assumption of the right to direct
the channel into which the private energies of the citizen may flow,
or legislative attempt to abridge or hamper the right of the citizen
to pursue, unmolested and without unreasonable regulation, any
lawful calling or avocation which he may choose, has always been
condemned under our form of government. Concrete illustrations
of what may and what may not be done under the police power are to
be found in this very labor law of which the new statute is a part.
As this statute stood before article 14-a was added, it regulated
electric work, the operation of elevators, work on scaffolds, work
with explosives ana compressed air, the construction of tunnels
and railroad work. It regulated the hours of work in certain employ
ments; it directed the payment of wages in cash at specified periods;
it provided for the protection of employees engaged in the erection
of buildings; it compelled the employer to guard dangerous and
exposed machinery; to construct fire escapes and ventilating appli
ances; to provide toilet facilities, pure dunking water and sanitary
arrangements; it prohibited the employment of women, and of
children under certain ages, in specified occupations; it regulated
the hours of labor of minors; it modified the fellow-servant rule,
the law of contributory negligence and the assumption of risks; and,
in short, it imposed upon the employer many restrictions and duties
which were unknown to the common law. Broadly classified, all
these and similar statutory provisions which are designed, in one
way or another, to conserve the health, safety or morals of the
employees, and to increase the duties and responsibilities of the
employer, are rules of conduct which properly fall within the sphere
o f the police power. (Holden v. Hardy, 169 U. S. 366; Missouri
Pac. B y. Co. v. Mackey, 127 U. S. 205.) But the new addition to
the labor law is of quite a different character. It does nothing to
conserve the health, safety or morals of the employees, and it imposes
upon the employer no new or affirmative duties or responsibilities
in the conduct of his business. Its sole purpose is to make him
liable for injuries which may be sustained wholly without his fault,
and solely tnrough the fault of the employee, except where the latter
fault is such as to constitute serious and willful misconduct. Under
this law, the most thoughtful and careful employer, who has neg
lected no duty, and whose workshop is equipped with every possible
appliance that may make for the safety, health and morals of his
employees, is liable in damages to anv employee who happens to
sustain injury through an accident which no human being can foresee
or prevent, or which, if preventable at all, can only be prevented
by the reasonable care o f the employee himself. That this is the
unmistakable theory and purpose of the act is made perfectly plain
by the recital in section 215, which sets forth that from the nature,
conditions or means of prosecution of the work in the employments
which are classified as dangerous, “ extraordinary risks to the life
and limb of workmen engaged therein are inherent, necessary or
substantially unavoidable, and as to each of which employments
it is deemed necessary to establish a new system of compensation
DECISIONS OF COURTS AFFECTING LABOR.
263
for accidents to workmen.” And to make the matter still more
plain, the learned counsel for the commission argues in his brief
that “ if it is competent for the legislature to say to the employer
in a dangerous trade, ‘ use the utm ost care in giving your workmen
safe work, so that no act of yours, or implement of yours, or work
that you set them to do shall hurt them, and if you fail you shall
be liable in dam ages/ if it is competent to make such a law, then it is
equally competent to say as in this new act directly, ‘ you shall be
responsible for all damages caused by unsafe condition of w ork /
and that is just what the liability for trade risks under the new act
means.” In this argument the learned counsel ignores, or at least
misses, as we think, the vital distinction between legislation which
imposes upon an employer a legal duty, for the failure to perform
which he may be penalized or rendered liable in damages, and legis
lation which makes him liable notwithstanding he has faithfully
observed every duty imposed upon him by law. A t pages 46 and
47 of the report of the commissioners are quoted the several per
tinent provisions of our State constitution. (Art. 1, sec. 18; art. 1,
sec. 2; art. 1, sec. 1; art. 1, sec. 6.) W ith reference to these, the
commissioners say: “ It is obvious, on a mere reading, that the first
section makes it impossible for the legislature to enact any law
which will take away from the representatives of an injured work
man the right of action there named for injuries causing death, nor
can the legislature lim it it in any way. It is equally obvious, it
seems to us, that it was the intention o f the second section of the
constitution (Art. 1, sec. 2), to provide that in all controversies
in the courts of law either side should finally have a right to a jury
trial on the question of liability, and however successful or unsuc
cessful jury trials may be in cases of em ployer’s liability, or in other
cases, that solemn mandate of the constitution can not be set aside.
The third and fourth sections of the constitution above quoted are
practically those which, like the fourteenth amendment of the Federal
Constitution, provide for due process of law in all legislation, that
is, speaking generally, which prohibit the passage by the legislature
of such legislation as shall arbitrarily deprive any of the citizens of
the State of life, liberty or property.”
These are interesting ana salient admissions, but the ease with
which these constitutional provisions are brushed aside is startling.
Continuing, the commissioners say: “ But we regard it as settled that
the legislature has power, if it so chooses, to change or abrogate the
common law on employer’s liability, or the employers’ liability act,
or any other statutes in regard tnereto. * * * The legislature
of this State, in the exercise of its general powers, * * * has in
the past so legislated as to prescribe that employers in New Y ork
industries, shall conduct their business, use their machines and use
their property in such ways as shall conduce to the safety of the
employees and the prevention o f accident and disease. Such is the
whole purpose of the labor law. * * * W e are of opinion that it
is com petent for the legislature to take a further step and provide
conditions o f the carrying on of such dangerous industries— not at the
moment conditions as to the method of carrying them on— but con
ditions providing that any man in the State who carries on such dan
gerous trades shall be liable to make compensation to the employees
injured either by the fault of the employer, or by those unavoidable
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BULLETIN OF THE BUREAU OF LABOR.
risks of the employment. The effect of such a statute would be to
reverse the common-law doctr
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