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U. S. DEPARTMENT OF LABOR

BUREAU OF LABOR STATISTICS
ROYAL MEEKER, Commissioner

BULLETIN OF THE UNITED STATES )
( W HO L E 1 O C
BUREAU OF LABOR STATISTICS f * * * I NUMBER 1 ^ 0
WORKMEN’ S INSURANCE AND COMPENSATION SERIES: No. 5

WORKMEN’S COMPENSATION LAWS OF THE
UNITED STATES AND FOREIGN COUNTRIES

DECEMBER 23, 1913

WASHINGTON
GOVERNMENT PRINTING OFFICE
1914

This publication was printed as Senate Document No. 336, second
session Sixty-third Congress, to the extent of a limited number of
copies, and in order to supply the demand it is here reproduced as
Bulletin No. 126 of the Bureau of Labor Statistics.

CONTENTS.
Page.

Workmen’s compensation laws of the United States and foreign countries.. . 1-464

Introduction........................................................................................... 9,10
Workmen’s compensation laws of the United States.................................. 11-130
Introduction........................................................................................... 11,12
Keports of commissions............................................................................ 13-30
Colorado...........................................................................................
13
Connecticut..................................................................................... 13,14
Illinois............................................................................................. 14,15
Iowa.................................................................................................
15
Massachusetts................................................................................... 15,16
Michigan.......................................................................................... 16,17
Minnesota.........................................................................................
17
Missouri............................................................................................ 17,18
Montana...........................................................................................
18
Nebraska.......................................................................................... 18,19
New Jersey.......................................................................................
19
New York......................................................................................... 19-22
North Dakota...................................................................................
22
Ohio.................................................................................................22,23
Oregon.............................................................................................
23
Pennsylvania....................................................................................
24
Washington...................................................................................... 24,25
West Virginia...................................................................................
25
Wisconsin.........................................................................................
26
United States................................................................................... 26-30
Progress of legislation.............................................................................. 30-32
Summary of principal features of the laws............................................... 33-48
Systems provided for.......................................................................
34
Industries covered............................................................................
34
Acceptance of compensation system..................................................
34
Abrogation of defenses......................................................................
34
Suits for damages............................................................................. 34,35
Special contracts..............................................................................
35
Burden of cost..................................................................................
35
Guaranty of payments......................................................................
35
Waiting time.......................; ........................................................... 35,36
Amount of compensation.................................................................. 36-47
Time for notice and claim.................................................................
47
Settlement of disputes...................................................................... 47,48
Nonresident alien beneficiaries..........................................................
48

CONTENTS.

Workmen’s compensation laws of the United States—Concluded.
page.
Analysis of principal features of the laws.................................................. 49-75
Arizona............................................................................................
49
California.........................................................................................
50
Connecticut.....................................................................................
51
Illinois.............................................................................................
52
Iowa................................................................................................
53
Kansas.............................................................................................
54
Maryland..........................................................................................
55
Massachusetts...................................................................................
56
Michigan..........................................................................................
57
Minnesota.........................................................................................
58
Nebraska..........................................................................................
59
Nevada............................................................................................
60
New Hampshire................................................................................
61
New Jersey.......................................................................................
62
New York........................................................................................ 63,64
Ohio.................................................................................................
65
Oregon.............................................................................................
66
Rhode Island....................................................................................
67
Texas...............................................................................................
68
Washington......................................................................................
69
West Virginia...................................................................................
70
Wisconsin.........................................................................................
71
United States................................................................................... 72,74
Canal Zone......................................................................................
73
Constitutionality and construction of statutes......................................... 75-110
Due process of law............................................................................ 76-80
Jury trial— .................................................................................... 80,81
Liability without fault..................................................................... 81,82
Abrogation of employers’ defenses..................................................... 82,83
Classification of industries................................................................ 83,84
Equal protection of the law...............................................................84,85
Exercise of judicial powers................................................................ 85,86
Freedom of contract.......................................................................... 86,87
Status of benefit funds...................................................................... 88,89
Police power..................................................................................... 89-92
Particular provisions of the laws...................................................... 92-110
Experience under the acts.................................................................. . 110-125
California.........................................................................................
110
Maryland..........................................................................................
I ll
Massachusetts......................... *..................................................... 111-114
Michigan....................................................................................... 114,115
New Jersey.................................................................................... 115,116
New York..................................................................................... 116,117
Ohio....................................................................................... .
117,118
Washington................................................................................... 118-121
Wisconsin...................................................................................... 121-123
United States................................................................................ 123-125
Premium rates..................................................................................... 125,126
Experience of a stock company writing compensation insurance............127-130

CONTENTS.

7
Page.

Workmen’s compensation laws of foreign countries....................................131-179
Progress of workmen’s compensation legislation.................................... 131,132
Industries covered...................................................................................
132
Persons insured.................................................................................... 132,133
Character of benefits................................................................................
133
Disabilities not compensated (waiting time)......................................... 133,134
Disabilities compensated out of compulsory sickness funds.................... 134,135
Burden of cost.........................................................................................
135
Procedure................................................................................................ 135
Oxganization of the insurance.......................................... .................... 135-137
Security of payment............................................................................. 137,138
Analysis of principal features of the laws............................................... 138-179
Alberta.............................................................................................
139
Austria.............................................................................................
140
Belgium............................................................................................
141
British Columbia..............................................................................
142
Bulgaria...........................................................................................
143
Cape of Good Hope...........................................................................
144
Denmark..........................................................................................
145
Finland............................................................................................
146
France..............................................................................................
147
Germany..........................................................................................
148
Great Britain................................................................................... 149
Greece..............................................................................................
150
Hungary...........................................................................................
151
Italy.................................................................................................
152
Japan...............................................................................................
153
Liechtenstein................................................................................... 154
Luxemburg.......................................................................................
155
Manitoba..........................................................................................
156
Mexico—Nuevo Leon........................................................................
157
Montenegro............. .........................................................................
158
Netherlands......................................................................................
159
Newfoundland..................................................................................
160
New South Wales.............................................................................. 161
New Zealand....................................................................................
162
Norway...........................................................................................
163
Nova Scotia......................................................................................
164
Peru.................................................................................................
165
Portugal............................................................................................ 166
Quebec......................................................................... ..................
167
Queensland.......................................................................................
168
Roumania.........................................................................................
169
Russia..............................................................................................
170
Servia...............................................................................................
171
South Australia................................................................................
172
Spain................................................................................................
173
174
Sweden............................................................................................
Switzerland......................................................................................
175
Tasmania..........................................................................................
176
Transvaal.......................................................................................... 177
Venezuela.........................................................................................
178
Western Australia.............................................................................
179

CONTENTS.
Page.

Appendix.—Text of workmen’s compensation laws of the United States___181-464
Arizona................................................................................................181-187
California.............................................................................................187-215
Connecticut......................................................................................... 215-225
Illinois................................................................................................. 225-238
Iowa.................................................................................................... 239-253
Kansas................................................................................................. 253-262
Maryland............................................................................................. 262-265
Massachusetts....................................................................................... 266-277
Michigan.............................................................................................. 277-290
Minnesota............................................................................................ 290-301
Nebraska............................................................................................. 302-313
Nevada................................................................................................ 313-324
New Hampshire.................................................................................. 324-328
New Jersey.......................................................................................... 328-337
New York............................................................................................ 337-357
Ohio.................................................................................................... 358-373
Oregon................................................................................................. 373-385
Rhode Island....................................................................................... 386-395
Texas.................................................................................................. 396-402
Vermont.................................................................................................
402
Washington.............................................. ........................................... 403-417
West Virginia.......................................................................................417-429
Wisconsin............................................................................................ 429-441
Wyoming................................................................................................ 441
United States.......................................................................... 441-444,451-464
Canal Zone........................................................................................ 444-450

BULLETIN OF THE

U. S. BUREAU OF LABOR STATISTICS.
w h o le n o . 126.

WASHINGTON.

D ecem b er 23, 1913 .

WORKMEN S COMPENSATION LAWS OF THE UNITED
STATES AND FOREIGN COUNTRIES.
INTRODUCTION.

The Fourth Special Report of the Commissioner of Labor, issued in
1893 under the title of “ Compulsory Insurance in Germany/' was the
first report published in this country devoted to the subject of work
men’s insurance.1 At that time compensation for industrial acci
dents had been established by law in two countries only, Germany
in 1884, and Austria in 1887; the third country—Norway—not fol
lowing until 1894. In the other countries discussed in the appendix
of this early report the workmen’s compensation movement had not
passed beyond the stage of Government commissions and legislative
discussion.
Since the publication of this first report, the development of the
legislation providing for workmen’s compensation for industrial
accidents in Europe and throughout the world has been extremely
rapid; in fact, it may be doubted whether any subject of labor legis
lation has ever made such progress or gained so general acceptance
for its principles throughout the world in so brief a period. The legis
lative summaries in the present report show that 41 foreign countries
(including all European countries except Turkey) have introduced
* The publications of the Bureau of Labor Statistics relating to the general subject of workmen's compen
sation and insurance are the following: Fourth Special Report, 1893, Compulsory Insurance in Germany,
including an appendix relating to insurance in other countries in Europe; Twelfth Special Report, 1905,
Coal Mine Labor in Europe; Twenty-third Annual Report, 1908, Workmen’s Insurance and Benefit Funds
in the United States; Twenty-fourth Annual Report, 1909, Workmen’s Insurance and Compensation Sys
tems in Europe (including the texts of the laws existing in 1909 in Alberta, Austria, Belgium, British
Columbia, Cape of Good Hope, Denmark, Finland, France, Great Britain, Hungary, Italy, Luxemburg,
Netherlands, Norway, Quebec, Queensland, Spain, Sweden, Transvaal); Bui. No. 31, Present status (1900)
of employers’ liability in the United States; Bui. No. 32, British workmen’s compensation act and its opera
tion; Bui. No. 34, Workmen’s compensation act of Holland; Bui. No. 40, Workmen’s compensation acts of
foreigncountries; Bui. No. 57, State cooperative accident insurance fund of Maryland; Bui. No. 58, The new
Russian workmen’s compensation act of 1903; Bui. No. 70, British workmen’s compensation acts; Bui. No.
74, Legal liability of employers for injuries to their employees in the United States; Summary of foreign
workmen’s compensation acts; British workmen’s compensation act of1906; Bui. No. 77, Compensation for
injuries of artisans and laborers in the service of the United States; Bui. No. 90, Recent action (1910)relating
to employers’ liability and workmen’s compensation; Essentialfeatures of a compensation law; Chicago con
ference of November, 1910; Summary of foreign workmen’s compensation acts; Cost of employer’s liability
and workmen’s compensation insurance; Bui. No. 92, Workmen’s compensation and insurance: laws and
bills, 1911; Bui. So. 96, Workmen’s insurance code of July, 1911, of Germany; Bui. No. 102, British
national insurance act, 1911; Bui. No. 103, Sickness and accident insurance law of Switzerland; Compensa
tion for injuries to employees of the United States arising from accidents occurring between August 1,1908,
and June 30,1911 (prepared by the Bureau and published as a report of the Secretary of Commerce and
Labor).

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

some form of workmen’s compensation for industrial accidents, all of
which, while showing great variations in the industries covered, the
amount of compensation provided, and the methods by which com
pensation payments are secured, recognize the principles of compen
sation as distinguished from the older idea of employer’s liability
previously accepted in the civil law of continental Europe, as well as
in English and American law.
In the United States what might be called the period of investi
gation and education began somewhat late as compared with Euro
pean countries. But since that beginning, investigation and study
have been followed by legislative action with great rapidity. The
first American State commissions were appointed in New York,
'Wisconsin, and Minnesota in 1909, and legislation followed in New
York in 1910, in Wisconsin in 1911, and in Minnesota in 1913.
’Within this period beginning with 1909,27 commissions (not including
one Federal commission) have been appointed to consider the subject
of compensation, and compensation legislation has been enacted in 23
States.
With this remarkable development of compensation legislation in
the United States and throughout the world within so short a period,
it seems especially desirable to bring together at this time the laws
as they now exist, in order that the material may be available for
those who wish to study and compare the various provisions already
in force to serve as a guide to new or amendatory legislation.
The present report is in three parts. The first part reviews the
work of the compensation commissions of the various States, sum
marizes the principal features of the legislation enacted and the
experience thus far available under such legislation, and briefly dis
cusses the decisions of the courts upon the constitutionality and con
struction of the workmen’s compensation statutes. The second part
summarizes the principal features of the foreign workmen’s compen
sation laws as now existing, presenting also analyses of the principal
features of the laws of the individual countries. Forty-one foreign
countries are thus represented. The third part gives in an appendix
the text of the workmen’s compensation laws of the various States.

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.
BT LINDLEY D. CLABK, A. M., LL. M.

INTRODUCTION.

The first summary view of the status of workmen’s compensation
and insurance in the United States published by the Bureau of Labor
Statistics appeared in Bulletin No. 90,1 September, 1910. At that
time it was possible to present only the tentative propositions of a
number of State legislatures and commissions and of interested
organizations and associations, the report of a single State com
mission, the laws of three States providing for insurance and com
pensation systems, and the Federal compensation act of May 30,
1908, relating to certain employees of the United States.
A second review of the subject, in January, 1911,2gave an account
of the reports of seven State commissions and of the enactment of seven
State laws, besides drafts of three commission bills, two of which,
with some amendment, became laws later in the year.
It is the purpose of the present article to give a summary account
of existing data, including commission reports, laws, court decisions,
and experience under the laws so far as an account of the same is
available:
Following is a list of the States, etc., in which special committees
or commissions have been charged by the legislature or otherwise with
the duty of investigating the subject of a more adequate method of
caring for the results of industrial accident than is provided under the
system of employers’ liability; also of the States in which compen
sation laws have been enacted, and those in which the laws have
been amended.
*Recent action relating to employers’ liability and workmen’s compensation. September, 1910.
* Workmen’s compensation and insurance: Laws and bills, 1911. Bui. No. 92, January, 1911.

BULLETIN OF THE BUBEAU OP LABOB STATISTICS.

STATES IN WHICH COMMISSIONS WERE APPOINTED AND IN WHICH COMPENSATION
LAWS WERE ENACTED AND AMENDED, BY YEARS, 1908 TO 1913.

State, etc.

Year Year compensation law
com
was enacted.
mis
sion
was
Orig
po^t- inal. Amendment.
ed.

Arizona................
1912
California..............
1911
Colorado............... 1911
Connecticut........... 1911 1913
Delaware.............. 1911
Illinois.................. 1910 1911
Tnritana................. 1913
Iowa..................... 1911 1913
TCanfuvs,, , ,
1911
Louisiana.............. 1912
Maryland.............. 11913 1912
Massachusetts........ 1910 1911
Michigan.............. 1911 1912
Minnesota............. 1909 1913
Missouri-............... 11910
Montana............... U910 8 i909
Nebraska.............. 1911 1913

State, etc.

Year Year compensation law
com
was enacted.
mis
sion
was
Amendment.
p& ted.

sat

Nevada.................
1911
Hew Hampshire
1911
New Jersey........... 1910 1911
New York............. 1909 81910
North Dakota........ 1911
1913 Ohio..................... 1910 1911
Oregon................ 11911 1913
Pennsylvania........ 1911
1913 Porto Kieo............ 1913
1912
Rhode Island........
Tennessee.............. 1913
1912,1913 Texas................... 1911 1913
1913 Vermont............... 1913
Washington........... 11910 1911
West Virginia........ 11911 1913
Wisconsin............. 1909 1911
United States........ 1910 1908
1913
1913

1913
1913
1913
1913
1913

.......

1913

1913
1909,1911,1912

1Appointed by the governor.
2Law declared unconstitutional.
* Two laws, one (compulsory) law declared unconstitutional.

The following table summarizes the above data so as to show the
action taken during each of the 6 years since the enactment of the
first workmen’s compensation law.
NUMBER OF WORKMEN’S COMPENSATION COMMISSIONS AND LAWS, BY YEARS,
1908 TO 1913.

1United States.

From the above list it is to be seen that the majority of the earlier
laws were amended in 1913. Two of the laws have been declared
unconstitutional by the court of last resort of the States in which
they were enacted, while on the other hand the constitutionality of
the statute of Massachusetts, New Jersey, Ohio, Washington, and
Wisconsin has been upheld by the highest court in each State. The
first law declared unconstitutional was the compulsory statute of
New York applicable only to railway service, leaving on the statute
books the elective law relating to other employments. The other
law that was held invalid was that of Montana. The decisions in
these and other cases will be considered later.

W O B K M E n 's COMPENSATION LAWS— UNITED STATES.

REPORTS OF COMMISSIONS.

Beginning with 1909, commissions or committees have been ap
pointed in 20 States and in Porto Rico as the result of legislative
action, and in 6 States commissions were appointed by the governors
without legislative action; a Federal commission was also created.
Reports are not yet due from the commissions of Indiana, Louisiana,
Maryland, Porto Rico, Tennessee, Vermont, and the third commis
sion of Missouri, while those of Delaware and Texas seem to have
made no report.
The reports of the commissions will be considered in order.
COLORADO.

The members of this commission were designated in the act of
June 1, 1911, creating it, a representative of the bar, one of labor,
one of the employers of labor, and one of each house of the legislature
being named. An appropriation of $1,000 was made, but was
placed in a class of appropriations that did not become available
within the time fixed for the commission to report. The principal
work that could be done under the circumstances was the collection
of existing literature on the subject.
There was no attempt made to draft a law, and the examination
made of the statutes of other States showed such wide divergence
that no conclusion was reached as to the type to be recommended.
The commission was impressed with the importance of uniformity of
legislation on the subject, but felt that none of the existing State
laws were adapted to the industrial conditions of Colorado. It was
agreed that a compensation law should be enacted, that it should be
applicable to all productive employments, and that there should be
some plan by which compensation payments would be guaranteed.
It was recommended that more study and investigation be given to
the subject before any bill was drafted, reference being made to the
fact that all laws of this type are of recent enactment in this country,
and that it took 16 years to unify the laws of Germany on the subject.
A summary of State laws, mention of the commissions appointed
to investigate employers’ liability, and a list of printed matter
collected complete this pamphlet1 of 48 pages. No law has yet been
enacted.
CONNECTICUT.

A joint resolution of August 22, 1911, authorized the governor of
the State to appoint a commission of three persons to serve without
compensation, but with power to employ necessary clerical assistance
and to incur proper expenses. Public meetings were held at various
points in the State, some of which were largely attended. Nineteen

* Report of Employees’ Compensation Commission, 1913.

BULLETIN OF THE BUKEAU OP LABOR STATISTICS.

pages of the report1 are occupied with general and constitutional
considerations, the remaining 22 pages being given to the reproduc
tion of a tentative draft of a law. The type proposed was compul
sory compensation, administered by the courts, surgical examiners
to be appointed in each county, and a commissioner for each of four
districts into which the State was to be divided. A law was en
acted in 1913, but it differs widely from the bill recommended by
the commission.
ILLINOIS.

The report of the Illinois commission2 is an 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 compensa
tion law; records of cases heard before certain courts of the State;
the record of the coroner of Cook County, in which the city of Chi
cago 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 convic
tion that within a decade compulsory compensation will be generally
accepted 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 that an alternative proposition be
enacted, embodying compensation 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 propor
tion 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, voluntarily assumes in advance all the necessary and
inherent hazards of the trade.”
The study of the coal-mining industry—one of the largest industries
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
*Report of the Connecticut State Commission on Compensation for Industrial Accidents, 1912.
* Report of the Employers’ Liability Commission of the State of Illinois, 1910.

w o r k m e n ' s COMPENSATION LAWS— UNITED STATES.

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 com
pensation on account of it are shown; also a comparison of the
present actual cost and the estimated cost under the commission’s
plan.
The bill proposed became law, though restricted to especially
dangerous employments, but was amended in 1913 so as to cover all
industries. The rates of compensation were also increased over those
proposed by the commission.
IOWA.

A commission, to consist of two employers, two employees, and one
disinterested person, was authorized by an act of the Legislature of
Iowa at its session of 1911. A report was ordered to be in the hands of
the members of the legislature not later than November 15,1912. This
report1 forms a volume of above 400 pages, in which is discussed
briefly the classes of laws in force in Europe and in the various States
having compensation or insurance laws. The liability law of Iowa is
next considered, and a proposed bill is briefly discussed. The bill
was of the elective type, to be administered by a State commission, and
with provisions for an employers’ indemnity association to form a
reserve fund to secure compensation payments, all employers under
the act to be members. A minority report urged a compulsory plan
but without the State insurance feature. The system embodied in
the law enacted is elective, with a requirement that payments shall
be guaranteed by some form of insurance unless the industrial com
mission is satisfied as to the employer’s solvency.
Appendixes form a considerable portion of the volume. Among
these are an estimate of insurance rates in Iowa, accident statistics,
and various papers and excerpts on subjects connected with ques
tions of constitutionality, a synopsis of American laws, etc. The
second and larger part of the volume is made up of minutes of the
hearings and of papers submitted in connection therewith.
MASSACHUSETTS.

This commission was appointed in June, 1910, and first submitted
only a partial report, recommending that another year be given to
investigation before submitting any bill, an earlier tentative draft
not being included in the report. A pamphlet2of 23 pages sketched
briefly the forms of compensation in use in Great Britain, Germany,
* Report o! the Employers’ Liability Commission, 1912.
* Report of the Commission on Compensation for Industrial Accidents, 1911.

BULLETIN OF THE BUBEAU OF LABOR STATISTICS.

and Norway as typical of the three systems in use in countries hav
ing compensation systems. Tables were given showing the period
of disability in 2,849 accidents reported to the commission from
September 12 to November 20, 1910; also the cost of industrial
accidents in 734 establishments during 1909.
In accordance with its recommendations, the commission was
continued in existence until July 1, 1912. A compensation law hav
ing been enacted in 1911, the duties of the commission were to com
pile accident data, and make recommendations as to further legis
lation, the expenditures not to exceed $13,000. Under this new
authorization a report1 of 322 pages was made to the legislature,
setting forth the work of the commission in various directions, both
before and after the enactment of the State law; the text of the
State law, with commentary; a brief description of foreign laws and
of the laws of the United States; a consideration of the constitu
tionality of a compulsory law for Massachusetts; statistics of acci
dents in Massachusetts, May 1, 1911, to April 30, 1912, and an
appendix in which are reproduced the laws of the States providing
for compensation, with some other matter.
The question of the constitutionality of a compulsory law for
Massachusetts is considered at some length, the conclusion being
reached that the courts of that State would probably uphold such a
law. The action of the New York court of appeals in declaring
invalid the compulsory law of that State, and the effect of this
decision on subsequent legislation in the various States is noted,
and strong exceptions are taken both as to the ruling in this case and
the attitude of the court of that State generally in the matter of
testing the constitutionality of the acts of the legislature.
MICHIGAN.

An act of May 1, 1911, created a commission of five members
without salary, but to be reimbursed for actual expenses. A report
to the next legislature was directed, or to any earlier extra session.
An extra session was in fact held, at which a law was enacted and
approved March 20, 1912, following in the main the recommenda
tions of the commission.
The report * is a pamphlet of 152 pages, in which are discussed in
brief the rules and defenses applicable in employers’ liability actions.
Data as to accidents and damages are presented, and the results of
the old system of liability, under which it was concluded that it was
impossible to secure justice to either employer or employee. The
proposed bill is next analyzed and presented, and appendixes con1Report of the Commission on Compensation for Industrial Accidents, 1912.
8Report of the Employers’ Liability and Workmen’s Compensation Commission, 1911.

w o r k m e n ' s COMPENSATION LAWS— UNITED STATES.

taining minutes of the meetings of the commission, schedules of
inquiry, accident statistics, costs, representative relief plans in use,
etc., conclude the report.
MINNESOTA.

The report of the Minnesota commission1 is devoted more to the
discussion of legal and constitutional questions than to a study of
industrial conditions. Practically 100 of the 289 pages of the report
are taken up with a presentation of the draft of a bill proposed by the
commission 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.
No law was enacted until 1913, when an act embodying the princi
ple of compensation, but in elective form, was passed.
MISSOURI.

A commission was appointed in 1910 by the governor of Missouri,
the principal recommendation of which, so far as appears, was that a
commission be appointed to give the matter further consideration.
The State senate in 1911 passed a resolution of similar effect, and a
new commission was accordingly appointed. It consisted of 15
members, 5 being appointed by the president of the senate, 5 by the
speaker of the house, and 5 by the governor, and held a number of
meetings in September and October, 1912. Majority and minority
reports were submitted, with bills representing the diverse views.
The report2 of the majority is a pamphlet of 145 pages, 10 of which
contain the commission's letter of transmittal setting forth its con
clusions, the remainder being minutes of the hearings. In the bill
recommended for the consideration of the legislature, the New Jersey
law was used as a basis, the avowed purpose of the commission being
“ to establish the principle of workmen's compensation in this State,”
*Report to Legislature of Minnesota Employees’ Compensation Commission, 1911.
*Report of Missouri Commission on Employers’ Liability and Workmen’s Compensation, 1913.

30597°—Bull. 126—14----- 2

BULLETIN OF TH E BUREAU OP LABOR STATISTICS.

while recognizing that ‘ ‘ to realize the ideal of workmen’s compensa
tion is impossible.”
The minority report1 consists of 30 pages, 22 of which present a bill,
while the remaining portion is taken up with an account of the
grounds for dissent from the majority. The principal contention
was to the effect that later drafts and more extended studies were
available, showing advances over the provisions of the New Jersey
act of 1911, and that these should be taken advantage of in the enact
ment of new legislation. The bill recommended was the draft of a
law prepared by a committee of the National Association of Manu
facturers, some of the points of advantage emphasized being the pre
vention of accidents, the compulsory insurance of the risks of all
employers who elect to accept the law, the encouragement of mutual
insurance as a means of holding in check the charges for premiums,
and the inclusion of farm and domestic labor. Compulsory com
pensation was said by the minority report to be desirable eventually,
but not immediately attainable.
No law was enacted in 1913, but a third commission was provided
for, to report to the legislature of 1915.
MONTANA.

Though the legislature had in 1909 enacted a law of limited scope,
applicable to coal mines only, the governor of Montana appointed on
his own motion a commission of eight men in 1910 to prepare em
ployers’ liability and workmen’s compensation acts to present to the
legislature. This commission, or six of its members, agreed to recom
mend two bills, one providing for automatic compensation in extrahazardous employments, and a companion bill limiting the amounts
recoverable if workmen elect to sue instead of accepting the proposed
benefits. Neither of these bills became a law.
The report2 proper is very short, containing only seven pages, oc
cupied with an account of the appointment and action of the com
missions, the nature of the proposed bills, and a general expression
as to the desirability of compensation laws as compared with those
declaring the employers’ , liability. A recommendation was made
for the appointment of a commission by the legislature to give further
attention to the subject.
NEBRASKA.

The House of Representatives of Nebraska passed a resolution,
April 6, 1911, empowering and requesting the governor to appoint
a commission to investigate the subject of employers’ liability and
compensation laws. No appropriation was made for expenses, but
» Letter of transmittal accompanying minority report prepared by F. C. Schwedtman of the Missouri
Commission on Employers’ Liability and Workmen’s Compensation, 1913.
* Governor’s message relating to employers’ liability and workmen's compensation act, with report of
the commission appointed by the governor, 1911.

w o r k m e n ' s COMPENSATION LA WS^— UNITED STATES.

the commission was authorized to call on the State legislative refer
ence bureau for assistance and clerical help and for other aid in pre
paring its report. The report1 is a pamphlet of 48 pages, and is
issued by the Nebraska legislative reference bureau as Bulletin
No. 2. Data are presented as to accidental deaths in the State for
the first 11 months of 1912, reported under the board of health law
of 1905, and court business from personal-injury cases.
Two bills are presented as majority and minority reports of the
commission; the first being a compulsory compensation system and
the second an elective State insurance system. A law was passed in
1913 differing widely from either of the propositions of the commis
sion, being an elective compensation law.
NEW JERSEY.

The report of the New Jersey commission2 is embodied in a mes
sage of the governor to the legislature, transmitting the report. The
pamphlet, of 91 pages, contains the evidence taken at the hearings of
the commission, discussions of the defenses commonly in use in meet
ing 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 biU, objected to the amount of compensation pro
posed.
A law on the subject was enacted in 1911, practically in agreement
with the recommendations of the commission, and has been upheld
as constitutional by the courts.
NEW YORK.

The Legislature of New York by an act of May 27, 1909, provided
for a commission of 14 persons to consider existing conditions in the
State as to the liability of employers for industrial accidents, and
“ the comparative efficiency, cost, justice, merits, and defects of the
laws of the other industrial States and countries relative to the same
subject.” An appropriation of $10,000 was made for the expenses
of the commission, which reported in 1910, the volume * being a
quarto composed of the report proper, of 69 pages, with 200 pages of
appendixes, and a record of hearings comprising470 pages. A second
volume appeared under the date of April 20,1911, on the causes and
prevention of industrial accidents, consisting of a report, 116 pages,
and minutes, 307 pages; while after the action of the court of appeals
of the State declaring the compulsory compensation law unconsti
tutional, a brief report (11 pp.) was issued May 3, 1911, reviewing
* Preliminary Report, Employers’ Liability and Workmen’s Compensation Commission, 19X2.
* Message of the governor transmitting to the legislature the report ofcommission on employers’ liability,
1911.
1 Report by. the Commission to Inquire into the Question of Employers’ Liability. First report,
liar. 19,1910.

BULLETIN OF THE BUBEAU OF LABOB STATISTICS.

this decision and recommending the adoption of an amendment to
the constitution of the State to meet objections raised by the court.
In this report the enactment of an elective system, withdrawing the
employer’s defenses to secure his coining under the law, was con
sidered as of doubtful constitutionality under the ruling in the case
in which the compulsory act was disapproved, and also as of doubt
ful practical value, since many employers might refuse to accept it,
even under such pressure as the law might provide.
The first and principal report is one of the most extended reports
issued by a State commission. Eleven public hearings in various
parts of the State, 14 executive sessions of the commission, and nu
merous meetings of committees and subcommittees indicate some
thing of the activity of the commission in one direction. Inquiries
were sent to 1,942 employers reporting accidents to the State depart
ment of labor, to 975 reporting accidents to the public-service com
mission, and to the presidents of 2,331 labor organizations in the
State. Several statistical studies were made as to the economic re
sults of accidents and proceedings at law with reference to such
accidents; also the cost of industrial accidents to employers and the
distribution of such costs to hospitals, for fees, insurance premiums,
settlements, as damages, etc.
An investigation of 1,040 work accidents by the State labor depart
ment, in which total losses and payments were ascertained, showed
that in 404 of the 902 cases of temporary disability (lasting from one
week to more than one year) nothing was received by the injured
person, not even medical expenses; while in 304 cases the amount
recovered from the employer was less than one-half the loss of wages
and expenses of the injury. In 71 cases there was permanent partial
disability, .reducing the earning capacity of the employee in varying
amounts. Of tins number 18 received nothing, 22 received $100 or
less, 14 received from $1-01 to $500, 5 received from $501 to $2,000,
while 1 person received more than $2,000; suits were still pending in
11 cases. In 902 cases of temporary disability there was a wage loss
of $66,800, besides medical expenses amounting to $20,000, while all
payments by employers amounted to but $25,339, or less than 30 per
cent of the losses and costs. Payments in cases of permanent partial
disability makfe a somewhat better showing, approximating 34 per
cent of the actual losses, though this omits from consideration the
depreciated earning power; while in 10 cases of permanent total dis
ability, computed on a basis of 3 years’ wage loss, the payments by
employers amounted to but 9.7 per cent of the losses and costs.
Data obtained from other sources indicate the same general condition
of inadequate compensation for losses suffered.

w o r k m e n ' s COMPENSATION LAWS— UNITED STATES.

Thai the system of liability and damage suits entails waste is
shown by the fact that the expenditures of 327 firms in the State in
1907, employing 125,995 men, amounted to $192,538 on account of
accidents, accident insurance, legal expenses, etc., of which the
amount paid to the persons injured was but $104,643, or 54 per cent
of the employers’ outgo in this connection. Premium receipts and
payments of losses by 9 insurance companies that kept separate
accounts of their employers’ liability business show that during 1906,
1907, and 1908 they took in as premiums $23,523,585 and paid out in
insurance $8,559,795, or but 36 per cent of the premiums received.
In connection with attorney’s fees, which are frequently contingent
on recoveries, it was shown that in 14 of the 51 cases investigated the
fee was less than 25 per cent of the recovery, in 14 cases it was 50 per
cent or more, while in the remaining 23 cases it was more than 25 per
cent and less than 50 per cent.
The question of the cost to the employer of a compensation system
as compared with the cost of the present system received considera
tion, the investigation of this phase of the question being conducted
by the State bureau of labor statistics.
It was concluded that large manufacturing firms (though perhaps
not small employers) could pay compensation benefits at least equal
to the English scale at no greater cost than incurred for accidents
under the existing system, and probably in some cases for less.
With the exception of one member, who thought that a change of
system was necessary, but that the remedy for the situation had not
yet been found, the commission summarized its conclusions as follows:
First. That the present system in New York rests on a basis that
is economically unwise and unfair, and that in operation it is wasteful,
uncertain, and productive of antagonism between- -workmenand
employers.
. . .
'
Second. That it is satisfactory to none, and tolerable only to those
employers and workmen who practically disregard their legal rights
ana obligations and fairly share the burden of accidents in industries.
Third. That the evils of the system are most marked in hazardous
employments where the trade risk is high and serious accidents
frequent.
Fourth. That as a matter of fact workmen in the dangerous trades
do not, and practically can not, provide themselves adequate acci
dent insurance, and therefore the burden of serious accidents falls on
the workmen least able to bear it, and brings many of them and their
families to want.

The commission recommended legislation along two lines—a com
pulsory compensation act applicable to specified dangerous employ
ments, and an elective law of general application, coupled with
amendments to the existing laws on liability. Drafts of bills were
prepared and submitted to the legislature in accordance with these

BULLETIN OF THE BUBEAU OF LABOR STATISTICS.

views, and, with some amendment, were passed, being the pioneers
in their class in the United States. As already noted, the compulsory
act was subsequently declared unconstitutional as interfering with
freedom of contract and due process of law.
Subsequent to this decision, the constitution of the State was
amended, as recommended by the commission in its report of. May 3,
1911, and a compulsory statute applicable to an extensive list of
employments classed as hazardous was enacted in 1913.
NORTH DAKOTA.

The compensation commission of this State was appointed in
accordance with the provisions of an act of March 17, 1911, creating
a commission of three persons, one to be an employer of labor, one
a representative of labor, and one leaded in the law. No compen
sation was appropriated for the commission but necessary expenses
might be incurred, not exceeding $1,000.
The report1 is a pamphlet of 128 pages, and is in, six sections,
discussing the present state o f the law in North Dakota, its inade
quateness, the statutory modifications of the common law, a brief
summary of foreign and domestic compensation acts, two proposed
acts for the-consideration of the legislature, concluding with a con
sideration of the constitutionality of these proposed acts.
The recommendation as to bills is an. alternative one, the first
being for simple compensation, the law of Wisconsin being sub
stantially followed, the other conforming closely to the Ohio statute
providing for a State insurance system. While the recommenda
tion presents these two forms for consideration by the legislature,
the preference of the commission is for the State insurance system
as eliminating waste, while the burden of administration is offset
by the improved condition of the beneficiaries, reducing police and
relief expenses. No law was passed.
In the discussion of the inadequacy of present remedies large use
is made of the report of the New York commission, while in the con
sideration of the question of constitutionality the brief of Mr. H. V.
Mercer, of the Minnesota commission, is said to have been liberally
drawn from.
OHIO.

The report of this commission2 consists of two octavo volumes,
each of more than 400 pages. The first volume contains the report
to the State legislature, with numerous appendixes containing sum
maries and discussions of the compensation acts of foreign countries,
statistical data, Federal and State laws, drafts submitted by other
1Report of the Commission on Legislation providing for the Liability of Employers in Compensation
for Injured Workingmen, 1913.
2Report to the Legislature of the State of Ohio by the Employers’ Liability Commission, 1911.

w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES.

commissions, etc. The second volume is made up of minutes of
evidence and a record of the public hearings held by the commission.
Considerable space is given in the report proper to a considera
tion 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 argu
ment 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.
An optional State insurance law was enacted in 1911 and amended
in 1913 so as to make it compulsory.
OREGON.

The commission of this State was appointed by the governor,
representatives of employers, of employees, and of the general public
being chosen. The report1 is a pamphlet of 23 pages, 15 of which
are taken up with a draft of a bill prepared by the commission.
No hearings or statistical investigations seem to have taken place,
the commission having taken into consideration the action of other
States in legislation in the same field, and its results. This was said
to be “ of incalculable value,” and the bill reported was “ in large
measure a composite of features of acts of other States which have
been tried and proven, with modifications necessary to a proper
unification.”
The law of Washington was chiefly followed in this draft, an
elective system being substituted for a compulsory one, however,
the insurance fund to be maintained by contributions from both
employers and employees, as well as other changes of less importance.
The reason for this change is chiefly the uncertainty as to the consti
tutionality of a compulsory law, while the practically general accept
ance of the proposed law was anticipated on account of the with
drawal of the customary defenses from employers not accepting the
act, and the certain and obvious advantages offered to the workmen
by it.
A law was enacted in 1913 in practical agreement with the recom
mendations of the commission.
1Report of Commission to Draft a Workmen’s Compensation Bill to be Submitted to the 27th Legisla
tive Assembly, 1912.(?)

BULLETIN OF TH E BUREAU OF LABOR STATISTICS.

PENNSYLVANIA.

An act of June 14,1911, directed the appointment of a commission
with the duty of investigating the prevention of industrial accidents
and the compensation of injured workmen and their dependents.
The report1 consists of but 55 pages, mainly occupied with drafts of
bills for consideration by the legislature. As to accident prevention,
existing legislation is commended and its amendment and better
enforcement advised.
The question of the desirability of a compensation law as com
pared with the present liability law is considered as no longer open
to debate, the only point being the type to be adopted. State in
surance is thought not desirable, as it removes the incentive to vigi
lant safety work and affords opportunity for injustice in the determi
nation of premium rates. A compulsory compensation system is
recommended similar to that provided by the New York statute of
1909, which was declared unconstitutional in the Ives case, but was
thought to require an amendment of the constitution of the State,
which is urged. In the meantime an elective compensation system
is proposed and a draft of a bill submitted. Correlated laws are
recommended to meet the situation that would arise in connection
with a compensation law, the full list being an amendment to the
factory act, an act requiring employers to make reports of accidents,
an elective workmen’s compensation law, an act providing for the
incorporation of employers’ mutual insurance associations, an act
regulating policies of insurance so as to secure the payment of bene
fits directly to injured workmen in case of the insolvency of the em
ployer, and an act authorizing the appointment of an industrial
accidents commission.
The commission contemplated in the last-named bill was to make
a study of accidents, observe the workings of the compensation law,
and suggest such amendments as might be suggested by the first two
years of experience. No compensation law was passed at the regu
lar session of 1913. Each house of the legislature passed a bill, but
the two houses were unable to reach an agreement.
WASHINGTON.

The report of the Washington commission 8 is one of the briefest,
comprising but 5 pages of a pamphlet of 48 pages, the remainder of
the pamphlet 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
i Report of Industrial Accidents Commission, 1912.
* Report of Commission to Investigate the Problems of Industrial Accidents, 1910.

w o r k m e n ' s COMPENSATION LAWS— UNITED STATES.

this case as controverted by decisions in the Slaughterhouse cases
(16 Wall. (U. S.) 36), and the State Dispensary cases (State v. Por
terfield, 47 S. C. 75; Farmville v. Walker, 101 Va. 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.” The law enacted
provided for compulsory insurance administered by a State depart
ment, and has been sustained as constitutional.
WEST VIRGINIA.

The legislature of this State provided by a joint resolution of
February 24,1911, for the appointment of a commission, the members
of which were in part named in the resolution, and in part to be se
lected from the senate and house, to investigate what States have
laws on the subject of liability and compensation and the purport of
such laws, to secure data as to the industries of the State and as to
the amount of liability litigation in the State, and to consider the ad
visability of legislation on the subject. The sum of $5,000 was ap
propriated to meet the expenses of the commission.
A volume of 274 pages was issued as Part I of the commission’s
report,1 covering the liability and compensation laws of the several
States, with a summary of their principal features and opinions on
their form, contents, constitutionality, and administration, and the
more important bills drafted by State commissions and associations
of employers and labor organizations. A second volume to contain
the findings and recommendations of the commission was announced,
but a subsequent communication to the United States Commissioner
of Labor stated that in all probability no other volume would be
published.
The first chapter presents definitions of employer, employee, vice
principal, etc., in terms of the statutes of a number of States, while
the second presents the text of the liability and compensation laws
of the various States. Chapter 3 summarizes these laws, and the
fourth chapter presents proposed drafts of bills. The last chapter is
chiefly quoted matter bearing on the points previously considered
and on the legal aspects of compensation.
1Report ot the Employers’ Liability and Laborers’ Compensation Commission, 1911.

BULLETIN OF TH E BUBEAU OF LABOB STATISTICS.

WISCONSIN.

The report of the Wisconsin commission1 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 out
come of damage suite, insurance costs, etc.
The counsel for the commission concluded that no compulsory
system of compensation could constitutionally be enacted, 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 agreed that
accidents or deaths suffered in industrial pursuits should be reason
ably compensated, not as a matter of charity, but as a matter of
justice; and that as a rule the manufacturers of the State have ap
proved 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
optibnal features.
A law was enacted in 1911, in practical accordance with the
recommendations of the commission, and has been declared consti
tutional by the courts of the State.
UNITED STATES.

The Employers’ Liability and Workmen’s Compensation Commis
sion of the United States was appointed in accordance with the
provisions of a joint resolution of Congress approved June 25, 1910,
to report by the time of the opening of Congress in 1911. By sub
sequent legislation its term was extended to March 1,1912.
The report of this commission 2 is approached in size only by that
of New York, and comprises two volumes of 214 and 1,495 pages,
respectively.
The first volume contains the report proper of the commission, and
three appendixes, the first being a memorandum showing the law
and conditions in the tJnited States, Germany, and England, the
second presenting the bill recommended by the commission, and the
third a statistical appendix of 81 pages showing accident data for
*Report of the Special Committee on Industrial Insurance, 1911.
*Report of the Employers’ Liability and Workmen’s Compensation Commission, 1912.

WOBKMEN’ s COMPENSATION LAWS— UNITED STATES.

the years 1908, 1909, and 1910, of railway companies operating
practically one-half the railway mileage of the United States. Judg
ments and settlements for different classes of injuries, the accident
rate for different classes of employees by districts, and the days lost
by reason of accidental injury are the principal items presented.
The second volume contains about 300 pages of briefs and minutes
of the hearings.
While, on account of the constitutional restrictions on congressional
action, the special subject of the hearings and briefs was a com
pensation system for interstate railway service, the economic and
constitutional principles underlying the idea of compensation were
necessarily considered, and much of the discussion related to these
general phases of the question. Of those appearing before the com
mission or submitting briefs, by far the larger number were favorable
to a substitution of the compensation idea for that of liability,
though on the question of compulsory and elective systems there
was more of a division.
Constitutional questions were argued ably and at length, the con
clusion of the commission being that Congress possesses the power
of absolute control in the field under consideration. A compulsory
compensation law was. therefore recommended for enactment, the
law to be exclusive within its scope. It was said in the report that an
elective law appeared to the commission to be fundamentally un
sound. “ A law is a rule of conduct prescribed by the law-making
power. It should operate upon all alike, irrespective of the wishes
of the private persons affected by it. It would seem to be an anom
aly in legislation to prescribe a rule of conduct to be observed by the
private citizen which the law-making power deemed to be wise, just,
and wholesome, and at the same time leave it to the private citizen,
as his pleasure or convenience may determine, to say whether or not
he will or will not be bound by the terms of the law.”
The rule of expediency that may control a legislature in its attempt
to avoid conflict with the Constitution did not affect the commission’s
attitude, since it was “ thoroughly convinced of the constitutionality
of a compulsory law.”
The argument for exclusiveness is along the same lines. “ Tho
basic principle upon which a compensation law is urged is that the
existing system of liability for negligence is wasteful, unjust, M id
provocative of ill feeling between employer and employee. To
provide for compensation in all cases, whether fault exists or not and
at the same time permit the employee to elect between an acceptance
of this compensation or a resort to the common-law remedy, would
simply amount to a perpetuation of the principal evils of the existing
system.”

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

The bill that was submitted by the commission passed the Senate
at the session of 1912-13, with some amendments, and was further
amended in the House, finally failing of enactment because the two
Houses were unable to adjust their differences in the face of the
opposition that developed to the bill during the closing days of the
session. Bills embodying the principles of the commission report
and several of the amendments incorporated during the consideration
of the measure by the Sixty-second Congress were introduced into
both Houses at the called session of the Sixty-third Congress. A
copy of this bill, known as the Sutherland bill, from the Senator who
was chairman of the commission, is printed following the laws
reproduced in this report.
This completes the list of reports known to the Bureau at the time
of publication of this report. A commission of Louisiana, provided for
last year, and those of Indiana, Missouri, Tennessee, and Vermont may
be expected to report in due course, and others may have been created
and the action not have come to the knowledge of the Bureau.
It is obvious that in the state of knowledge of the subject in this
country five years ago there was an important place for these com
missions to fill in considering both the economic and legal aspects of
the questions involved. With the accumulation of material of a
statistical nature and the numerous briefs presenting the social and
economic arguments, the necessity for such commissions is largely
discounted. As regards the legal aspects, the opinions of the courts
of last resort of seven States furnish a guide to legislation in States in
which similar views as to the lawmaking power are held.
Beginning with a Massachusetts committee in 1903, there has been
a series of more than 25 bodies of this nature acting in an investigating
capacity, whose conclusions have been unanimously in favor of doing
away with the liability system and substituting therefor one of com
pensation; the only approach to a difference of opinion on this sub
ject being a committee appointed in Connecticut in 1907, which,
while recognizing that compensation was highly indorsed and agree
ing that it would probably come to be the controlling system in the
future, was unable to-recommend its adoption at that time.
Not only have the commissions been thus unanimous, but in the
hearings before the commissions, open to all who wished to present
their views as individuals or as representatives of organizations or
associations, the defenders of the liability system have been a very
small minority. One of the most prominent and perhaps the most
active among these opponents of the compensation system said in
introducing his argument before the Federal commission:
The most impressive feature of the entire discussion has been the
almost undivided support given the theory of workmen’s compensa
tion by those employers and employees that have appeared before

w o r k m e n ' s COMPENSATION LAWS— UNITED STATES.

legislative committee hearings. There seem to have been but few to
question its advisability or to present reasons why the abandonment
of American ideas ana the adoption of European practice may be
detrimental, at least to those American workmen who have expended
years in building up magnificent systems of compensation for death
and disability arising from any cause, and in creating by constant
agitation a public sentiment, which during recent years has resulted
in greatly improved employers’ liability legislation, both State and
National.
The writer realizes that the great mass of working people in this
country have not exhibited that degree of ability ana determination
necessary to protect themselves in the proper manner, and that some
thing should be done to help these helpless working people. What
is said herein against the theory of workmen’s compensation does
not apply to the millions who have proven themselves helpless, and
who apparently must depend upon a paternal government for com
pensation for injuries arising out of modern industries. The sole
purpose is to present the question from the standpoint of a railway
employee in train service, who has found means of helping himself in
matters of compensation for injuries, arising out of his employment.
Obviously this opposition is not directed toward compensation as
an idea, but toward its application to a small and highly organized
body of employees, important in their field, but not typical of the
m illio n s of unorganized or less closely organized working men and
women whose situation precludes the possibility of self-supported
and self-administered benefit systems. And the question is hardly
an open one as to whether or not it is desirable to have one law for
one class of a railway company’s employees §nd another for another,
or even for different fields of industry; so that while the restricted
railway organization (Locomotive Firemen and Enginemen), of which
the writer above quoted is the head, has put itself on record as opposed
to a Federal compensation law for interstate carriers, the American
Federation of Labor has for a number of years been working for com
pensation legislation for all classes of employment.
No State or country that has adopted compensation has ever
returned to the older system, so that questions of desirability or
feasibility may be said to be answered for all legislatures before whom
the subject may come, and that without the necessity of statistical or
other argument.
The question of the type of law seems hardly more capable of sat
isfactory solution by a commission than without its aid. The co
operation of such bodies as the American Federation of Labor, the
National Civic Federation, the American Association for Labor Leg
islation, and the commissioners on uniform legislation, despite their
strength and the thoroughness of their work, can not be said to have
been markedly effective in securing uniformity of type, or of amount
of compensation, on which latter point the Wisconsin commission
considered that stress should be laid rather than on the general type

BULLETIN OF THE BUBEAU OP LABOB STATISTICS.

of the law. Doubtless the most satisfactory answer to the questions
as to type will be given by experience, as intimated by the Colorado
commission, but the States do not seem much inclined to defer action
to observe in this country the working out of systems that have been
long used in European countries. The Legislature of Michigan
solves the problem of experimentation by offering practically all
options to its employers as to methods of administering the benefits
contemplated by the law; i. e., directly by the employer, if of proved
solvency; by insurance in any authorized insurance company; by
funds maintained by mutual associations of employers; and by a State
fund to which employers may arrange to contribute. This is for the
avowed purpose of a determination by experience of the system best
adapted to the conditions prevailing in the State. The New York
act of 1913 contains practically the same provisions in this respect.
PROGRESS OF LEGISLATION.

Legislation providing for stated benefits payable without suit or
proof of negligence was first enacted in the United States in the form
of a cooperative insurance law of the State of Maryland in 1902.
This law was of restricted application, affecting only mining, quar
rying, steam and street railways, and work by municipalities in con
structing any sewer, excavation, or other physical structure. This
law was to be administered by the State insurance commissioner,
and made payment an absolute requirement in case of death. It
was declared unconstitutional a s depriving parties of the right of
trial by jury and conferring on an executive officer judicial or at
least quasi-judicial functions.1
The next law within the territorial jurisdiction of the United States
was an enactment by the United States Philippine Commission in
1905, authorizing the continuance of wages for a period during
disability, but not exceeding 90 days, in case of injury received by
employees of the insular government in line of duty.8
In 1908 the Federal Congress enacted a law “ granting to certain
employees of the United States the right to receive from it compen
sation for injuries sustained in the course of employment.”
Next in order of time was the Montana statute of March 4, 1909, in
effect October 1, 1910, providing for the maintenance of a State
cooperative insurance fund for miners and laborers in and about the
coal mines of the State. Contribution to the fund was compulsory,
employers to pay on the basis of the tonnage of coal mined and
employees on the basis of their monthly gross earnings. State
* For an account of the operations of this law and the opinion declaring it unconstitutional, see Bui. No.
57, pp. 645-648,689,600. The law itself is given in Bui. No. 45, pp. 406-408.
2Act No. 1416: See Bui. No. 71, p. 394.

W O RK M E N ’s COMPENSATION LAWS— UNITED STATES.

officials were to administer the fund, payments for death and dis
ability being provided for.
While compulsory, the act was not exclusive as against injured
workmen, who were permitted to sue under the employers’ liability
law, though bringing suit forfeited benefits under the law. The
double obligation imposed upon the employer by the act was held
by the supreme court of the State to invalidate it, though in its
essential features it was held to be a valid exercise of the lawmaking
power.1 The opinion of the court will be further noticed under the
heading “ Constitutionality and construction of statutes.”
The next law enacted in this field, and the last before the effect of
investigations by commissions came to be influential, is a local law
of 1910 of Maryland establishing cooperative insurance funds for
the coal and clay miners of Allegany and Garrett Counties. This act
is not affected by the compensation law of 1912, and provides for
equal contributions to a fund to be collected and disbursed by the
treasurers of the respective counties. Miners in Allegany County
must pay 27 cents per month and in Garrett County 38 cents per
month, employers paying like amounts, unless funds in fixed sums
have accumulated in the hands of the respective treasurers. The
county commissioners administer the act, the maximum payment
for death being $1,500, while for maiming injuries a schedule of
awards is provided, the maximum being $750, though medical relief
in the amount of $1 per working day for not more than 26 weeks
may also be allowed. For injuries without maiming $1 per working
day may be allowed for not more than 52 weeks. Suit may be
brought, but doing so bars compensation rights, and conversely the
acceptance of benefits bars the right to sue. The fault of double
liability which was held to invalidate the Montana statute is avoided
in this law by a provision which authorizes an employer who has
defended a suit, and against whom judgment has been rendered, to
deduct^ on compliance with certain conditions, the amount of such
judgment and costs from the payments thereafter to be made by
him to the county fund.2
It is to be observed of the foregoing legislation, antedating what
may be called the commission period, that it is of limited application,
either locally or as to the classes of employees affected; also that
there appears to have been but little regard to actuarial requirements
in its enactment. Indeed in the Federal and Philippine statutes
there is no occasion to consider this question, as they are simple
compensation laws in form, but in fact falling far short of establishing
a balanced compensation system. The remaining laws to be noticed
1For the law in fall see Bill. No. 85, pp. 658-661.
* This act is given in Bui. No. 91, pp. 1066-1070; amendments enacted in 1912 appear in But No. Ill,

BULLETIN OF THE BUKEAU OF LABOR STATISTICS.

may be said to be of general application, and have either followed
the investigations of commissions or have been enacted under condi
tions making the results of such investigations available to those
interested in their enactment.
The first of these laws to be noted is the elective compensation law
of New York, 1910, followed in the same session by a compulsory
law for hazardous occupations. Ten laws were enacted in 1911, 7
providing for simple compensation, and 3 for a system of insurance;
while in 1912, 3 States enacted compensation laws and 1 an insurance
law; and in 1913, 7 States were added to the list, in 5 of which a
compensation law was enacted, while 2 provided for a system of
insurance. The finding of unconstitutionality of the compulsory
law of New York as determined by the court of appeals of that State
in no way affects the elective law; furthermore a new compulsory law
was enacted in 1913, as already noted; so that there are now 22 States
having laws of this class on their statute books, of which 16 are
compensation laws and 6 provide for insurance. All these laws are
reproduced on subsequent pages, as well as the Federal law applying
to certain employees of the United States, with its amendments, and
the modified United States commission bill applicable to employees
engaged in interstate commerce. By an act of August 24, 1912,
Congress authorized the President of the United States to provide
a system of compensation for employees on the Isthmian Canal and
the Panama Railroad. This was promulgated by President Taft as
an Executive order of February 26, 1913, to take effect March 1,
1913. On account of the lack of an appropriation to meet the
payments provided by the order, an order was issued by President
Wilson on March 24, 1913, suspending the operation of the order of
February 26, and continuing in effect the act of May 30, 1908, and
its amendments relative to employees of the Isthmian Canal Com
mission. The order providing compensation is reproduced, however,
as the later order only suspends and does not abrogate it.
The constitution of Arizona as adopted when that State was ad
mitted to the Union contains a provision authorizing the «nactment
of a compulsory compensation system; while California, New York,
Ohio, and Vermont have amended their constitutions to the same
effect. Also, the Legislature of Wyoming has taken steps to submit
a similar amendment to the people of that State at the next general
election. These amendments and the proposed amendment are also
reproduced.

w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES.

SUMMARY OF PRINCIPAL FEATURES OF THE LAWS.

The principal features of the various laws are presented in two
forms, one as a table facing page 48, and the other as analyses of
the laws, according to a fixed outline, presented at pages 49 to 74.
The form of analysis used in the latter presentation corresponds to
that used in presentations made of the principal features of foreign
workmen’s compensation and insurance laws, given on pages 138 to
179.
While all the laws under consideration are compensation laws, in
that they provide for fixed awards in case of industrial accidents,
proof of negligence and legal actions being dispensed with, some of
the laws go beyond the simple determination of the right to com
pensation and provide for insurance systems, either under State
supervision or otherwise. While, therefore, the laws are all classifi
able as compensation laws, they may be distinguished for convenience
as compensation laws and insurance laws.
A question, second only in importance to the right of the workman
to compensation for industrial accidents, is the security of payments.
Under some of the compensation laws, the provision is made that
the employer must give satisfactory evidence of his solvency, or must
give bond for the payment of any sums for which he may become
liable, or must insure his liability in some approved company. The
necessity of some provision of this sort, apparent on the face of
things, is borne out by the report on the operations under the statute
of New Jersey (pp. 115 and 116) in which it is reported that in a num
ber of cases the benefits due workmen were not paid to them.
The establishment of a State fund involves a considerable depar
ture from the experience of the past in this country, and the question
of its advisability is warmly discussed. The compulsory State in
surance system of Washington is the conspicuous example up to the
present time, and is claimed by its administrators to have achieved
marked success. There is on £he other hand vigorous criticism and
it is charged by persons within and without the State as being inade
quate and unjust. The elective insurance law of Ohio, which like
wise provides for State management of an insurance fund, fares
similarly at the hands of the respective parties, i. e., the adminis
trators of the act and critics among the employers and insurance
companies.
It is not within the province of the present study to go into the
arguments of the two parties, but it is suggestive to note that during
1913 the law of Ohio has been strengthened so as to be in effect com
pulsory, as permitted by constitutional amendment, and that the
States of Nevada and Oregon have adopted elective State insurance
laws.
30597°—Ban. 126—14------3

BULLETIN OF TH E BUREAU OP LABOR STATISTICS.

SYSTEMS PROVIDED FOR.

An inspection of the table or chart above referred to discloses a
considerable diversity in the matter of systems adopted, whether
compensation or insurance, compulsory or elective; if insurance,
whether under State control or with approved companies, and
whether at the sole cost of employer or cooperative.
INDUSTRIES COVERED.

There is wide variety in the scope of the laws and the tests adopted
for the inclusion or exclusion of industries. In most cases domestic
and agricultural labor is excluded, while in some only designated
classes of extrahazardous employments are covered. This matter
is shown more in detail on the page summaries than in the table.
ACCEPTANCE OF COMPENSATION SYSTEM.

Under this head are presented the methods prescribed for the
expression by employers and workmen of their preference as to the
acceptance or rejection of the compensation system. This ranges
from an individual filing by each workman of an acknowledged
writing in the elective law of New York to a presumed acceptance in
the absence of formal rejection in a number of States.
ABROGATION OF DEFENSES.

Under the elective system in most of the States, it is made an
inducement, which has been criticized as coercive, that where em
ployers refuse to come within the provisions of the compensation
law the customary defenses to actions for injuries shall not be allowed
them. Such abrogation is not necessarily connected with the alterna
tive of accepting the provisions of the compensation law, as is evi
dent in the case of the New York statute, but in most instances the
provision is made as an alternative one. In some cases where the
law applies only to employers having in excess of a certain number
of employees, the abrogation of these defenses does not affect em
ployers of a smaller number of employees.’ The same is true also in
cases in which the employee rejects the compensation system and
sues an employer who has accepted such a system.
SUITS FOR DAMAGES.

The bringing of suits for damages seems not absolutely forbidden
in any State, though after electing to accept compensation, or failing
to give notice of a rejection of the system, the employee may not sue
unless the employer was guilty of serious or willful misconduct or
failed to comply with the safety laws. In one State it is permitted
as a simple alternative in lieu of compensation, but as this State pro
vides for a simple elective compensation system the difficulty is not
met that was found in the case of the Montana statute which fixed

W O RK M E N ’s COMPENSATION LAWS— UNITED STATES.

upon the employer a double liability by compelling him to contribute
to an insurance fund and leaving him still liable to defend an action
at law.
SPECIAL CONTRACTS.

Under this head are presented the provisions of the laws relative
to agreements between employers and employees on questions of
substitute schemes or modifications of the employer’s liability under
the law. Such schemes are not usually absolutely forbidden, but
the employer is not allowed to reduce his liability as fixed by the law,
and where the burden of cost is entirely on the employer by the stat
ute, if the employee makes any contribution to the fund or substi
tute system he must receive additional compensating benefits.
BURDEN OF COST.

With practical uniformity the States have placed the entire burden
of the cost of the compensation or insurance systems adopted on the
employer. The exceptions to this rule are the States of Maryland,
Oregon, and West Virginia, the Ohio law having been amended
in 1913 so that contributions by employees are no longer required.
GUARANTY OP PAYMENTS.

As already noted on page 33 under this general heading, the
importance of the guaranty of payments has been recognized even
more widely than any provision has been made therefor. One com
m ission in considering this matter recognized the practical necessity
for such a provision, but desired further time before making a recom
mendation for legislation. Aside from the guaranties and prefer
ences indicated in the table, compensation payments are usually
exempt from execution and are not assignable when not in the hands
of the beneficiary.
WATTING TIME.

Most of the laws fix a time during which no compensation is pay
able immediately following the accident causing disability. This
ranges from six days to two weeks, and for this time no compensa
tion is allowed in most States other than such provision as is made
for medical and surgical attendance. In a few cases, however, if the
disability is prolonged beyond a designated time benefits are payable
for the first week or weeks of disability. The Federal statute allows
no compensation for an injury not continuing beyond 15 days, but
where the injury continues payment is made from the first day.
This results in the denial of all compensation for disabilities lasting
as much as 14 or 15 days, but allowing 16 days’ full pay for a dis
ability of a single day or portion of a day beyond the waiting time
fixed. An amendment restricted in its application to the Canal
Zone permits compensation under local regulations for all work time
lost, and in connection with these facts it may be noted that during

BULLETIN OF THE BUREAU OF LABOB STATISTICS.

the 11 months of 1908-9 that this law was in operation 55.2 per cent
of all injuries lasted less than 15 days on the Canal Zone, while in
all the other branches of the service the number was 40.95 per cent
of the total; in 1909-10, 61.4 per cent of the injuries on the Canal
Zone terminated within 15 days, while in the other branches of the
service 38.93 per cent so terminated; in 1910-11, 73.04 per cent of
the employees on the Canal Zone recovered in less than 15 days,
while in the other branches of the service the number amounted to
but 39.35 per cent. On the other hand, the recoveries from disability
lasting from 15 to 21 days on the Canal Zone during 1908-9 amounted
to 12.64 per cent of the whole as against 13.35 per cent in other
branches of service; in 1909-10, 8.24 per cent on the Canal Zone as
against 14.46 per cent elsewhere; and in 1910-11,6.96 per cent on the
Canal Zone as against 15.48 per cent in the other branches of service.
There may be a variety of reasons for these differences, but there is
ground at least for a belief that the difficulty in enforcing a return
to work under circumstances that would forfeit all compensation,
when the prolongation of the disability, whether with or without
serious extension of a proper time for recovery, allows the injured
workman to secure full pay for all the time lost, is a factor.
AMOUNT OP COMPENSATION.

Compensation proper falls into three classes—for death, for total
disability, and for partial disability, while for disability of any class
there may be also different provisions for temporary and permanent
disability. Besides these compensation provisions, a number of the
laws provide for medical, surgical, and hospital attendance, and in a
number of cases for burial in case of fatal injuries as well. The
determination of the scale of compensation is a subject earnestly dis
cussed and on which considerable differences have arisen. The
necessity for a workable law on the one hand, not excessively bur
densome to the employer and not unduly tempting the prolongation
of benefits, while on the other hand it affords actually reasonable
benefits to the injured workman so as to prevent hardships of de
pendents and loss of income of the family wage earner, have led to a
wide variety of attempts as a determination of the proper amounts to
be awarded. In defending the proposition for a certain waiting
time during which no benefits shall be paid, the argument is offered
not only that trivial injuries will thus be left out of consideration,
but also that it is proper that the workman should share in the
burden of accident; so also in determining the scale of compensation,
the premise is laid down that the employer should be responsible
only for a fraction of the loss incurred, since the employee is also a
factor in industry, and it is industry that is to be charged with the
burden of accident, one important report stating that “ the scale,
so far as possible, should divide the wage loss sustained by the em

w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES.

ployees and their dependents equally between them and their em
ployers.” While it is both impossible and undersirable to compen
sate injuries by the continuance of the full rate of pay, it can not be
overlooked that a large actual burden of pain, inconvenience, and
expense, is inevitably borne by the injured workman and his family
on which no money value can be set. Furthermore, the employer is
in theory and usually in practice able to add the burden of his ex
pense to the selling price of his product, so that the cost of compen
sation in so far as it is directly chargeable to the employer is capable
of being passed on or at least distributed in a way that is entirely
outside the possibilities with reference to the loss bome by the
workman.
The benefits for death are in most cases based on the earnings of
the injured person, usually approximating 3 or 4 years' wages, pay
able in installments, ranging from 50 per cent to 66§ per cent of the
weekly or monthly wages. In a few cases the amounts are fixed
monthly payments, uniform for all classes of employees without
reference to their previous income. Minimum and maximum
amounts for weekly or monthly payments and for the total are fre
quently prescribed. The provisions as to children who are benefi
ciaries usually make the benefits payable in their behalf cease on
their reaching the age of 16 years, though in a few cases the limit is
18 years, while in West Virginia benefits to children cease when they
reach the legal age of employment, which in that State is 14 years.
A few States have the provision also that benefits shall not cease at
the ages named if the recipient is mentally or physically incapaci
tated for earning a living.
The remarriage of a widow is made to terminate benefits in a
number of cases, though in a few instances a lump sum is payable on
such remarriage, either a fixed amount or representing a fixed num
ber of months of benefit payments. If the beneficiary is a widower
no provision is made for a similar allowance in case of his remarriage.
A few States recognize the fact that a permanently disabled work
man is a greater economic loss to his family than if he were killed
outright at the time of the accident, and allow in case of permanent
total disability a larger amount of compensation than in case of
fatal accidents, some continuing payments for such disability for
the full period of the injured workman’s life. For the most part,
however, the basis of the payments is the same as for death. Where
the disability is but partial and continuing, a special difficulty arises
in view of the fact that while the workman may be able to return to
work of some sort within a few weeks, so that the compensation for
total disability is but meager, he is handicapped for life by reason of
some maiming or other injury that interferes with his ability as a
workman. CJnder the Federal law there is no provision for other
than total disability, so that a man who has lost an eye receives no

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

compensation except for the time necessary for the healing of the
wound caused by the injury and any necessary consequent operation.
The same is true for minor maimings, and even for major injuries in
many cases, so that it frequently happens under this law that the
amount of compensation is entirely incommensurate with the damage
suffered. Thus, there are numerous cases of the loss of a finger or
fingers where the compensation ranged from $25 to $50; in 5 cases
the loss of an eye was similarly compensated; an,d in a case of the
loss of a right arm the injured workman received less than $50.
Under every State law, however, special provision is made for
continuing partial disability, frequently by an award of a percentage
of the wage loss occasioned by such disability, though in a number
of cases there is a scale fixed by the law awarding weekly payments
for fixed periods after specified injuries, the payments being based
on the amount of wages earned at the time of the injury. The
question is one that is earnestly discussed as to which is the fairer
method of compensation, the advocates of the percentage basis con
tending that the wage loss may develop with passing years and that
the subject of the amount of compensation should be open to revision
in accordance with the changing conditions; while, on the other
hand, it is claimed that there is an apparent fixed proportionate loss
for which an equitable award can be made, and which should be
made in every case at the time the injury is inflicted. This has the
advantage at least of securing compensation to the workman who is
injured on the basis of an actually proved injury without leaving the
matter open to remote contingencies and the possibility of the disa
bility arising at a time when there is no fund available from which
it could be compensated or when by removal or other change of con
ditions it would be impossible to take any steps in the way of proof
and the securing of the contemplated compensation. It may be
noted that in the legislation of the year 1913 the system of pro
viding a schedule of fixed rates for specified injuries seems to have
been in favor, and furthermore, that in amendments to earlier laws
such schedules were adopted in lieu of the percentage provision con
tained therein.
The schedules of periods of compensation adopted in the various
States include generally the same items and it is possible to tabulate
them so as to afford a comparison of the awards allowed by the dif
ferent States for specified injuries. In most cases compensation is to
continue for a fixed number of weeks* though in a few instances the
term is measured by months. In order to make the latter cases
comparable with the majority, the number of months indicated has
been multiplied by 4J to reduce them to weeks, the nearest whole
number of weeks being used. Several of the laws provide for the
loss of one phalange of a finger or toe by allowing one-half the com
pensation that is fixed for the whole member, and the term of com

w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES.

pensation has been computed in these cases, which accounts for the
appearance of a number of fractions in the tables which are not evi
dent on the face of the schedules as enacted by law. It should be
borne in mind that the periods named show the time during which
compensation payments at the rates fixed in the various laws continue,
and do not indicate full pay for that number of weeks.
The table follows:
SCHEDULES OF COMPENSATION AWARDS FOB SPECIFIED INJURIES, VARIOUS 1.AWS.
Weeks for which compensation is payable in—
Nature of injury.
Conn.i
Loss of—
Arm....................
Hand..................
Thumb................
One phalange.
Index finger.........
One phalange.
Middle fir
One i
Ringfinger-----One phalange..
Little finger...........
One phalange..
Leg.......................
Foot..................
Great toe..............
One phalange..
Other toe..............
One phalange.
Sight of one eye—
Hearing, one ear....
Hearing, both ears.
Total disaoility...........

156
38
19
38

HI.*

Iowa. Mass.* Mich. Minn.i Nebr.i

200
150
60
30
35
17*
30
15

20
10

13
104
52
156
520

150
60
30
35
17*
30
15
20

12*

182
130

200

200
150
40
20
30
15
25

175
125
30
15

125
30
15

12*

100

* 416

400

500

17
215
150

15
7*

15
7*
175
125
30
15

1*75

125
25

217
173
65

20
10

15
7*

7*
175

100

150
60
30
35
17*
30
15

215
175

200

Nev.

100

500

400

195
152
30
15

125

5*
108
433

Weeks for which compensation is payable inUnited
States
(railroad
bill;.

Nature of injury.
N.J.*

Loss of—
200
Arm.........................................
150
Hand............................. ..........
60
Thum b....................................
30
One phalange.......................
Tnri<vgfingftr...................................
35
One phalange.....................
17*
Middle finger.............................
30
15
Qua phalange.......................
Ringfinger................................
20
10
One phalange. -....................
Little finger...............................
15
One phalange.......................
7*
175
Leg............ ..............................
125
Foot..........................................
Great toe...................................
30
One phalange.......................
15
Other toe...................................
10
5
One phalange......................
Right- of one eye..........................
100
Hearing, one ear............................
Hftfl.rinc' both ears_____________ i..............
Total disability................................ j
400

Ohio.

200
150
60
30
35
12
30
10
20
7
15
5
175
125
30

Oreg.*

416
329
104
52
69
23
39
13
35
12
26
9
381
277
43

100

173
208
416

(*)

<#)

R . I.*

Tex.*

50
50
12
12
12
12
12
12
12
12
12
12
50
50
12
12
12
12
50

500

400

Wis.

240
160
40
20
20
10
15
5
8
4
10
4
160
120
20
10
4

312
247
56
28
39

120
40
160
478

130
156
312

30
26
22
280
208
39
17

<»)

t Payments under this schedule are exclusive or in lieu of all other payments.
* Payments under this schedule are in addition to payments on account of temporary total disability.
3Thereafter a pension during life.
« The periods named in this column are to be reduced by any time for which payments on account of
temporary total disability have been. made.
* Payments during life.

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Naturally, with the years of cumulative experience under the
European laws, many decisions have been made on the subject of
awards for injuries, and on the basis of these awards some laws have
been enacted codifying this experience, while in other instances scales
have been drawn up for the guidance of administrative officers of the
insurance associations. Experts in administration and students of
the subject have also taken up the matter and have drawn up tables
embodying the experience under these laws either as a matter of
selection or by elaboration and a systematic development of proposed
percentages of disability. The subject seems of sufficient interest to
warrant the introduction at this place of some comparative data,
though it is evident that strict comparisons can not be made on
account of the varying forms and provisions of the laws. The periods
during which compensation is paid and the rate of its payment are
to be considered in determining the liberality of a schedule as well as
the rating of degree of disability for a specified injury. The fact
remains, however, that on the basis of an award for total disability
the European schedules have fixed certain percentages of disability
as corresponding to specified forms of injury, and the American laws
have likewise fixed a limit for the period of payments for total dis
ability and for the periods for which compensation will be paid for
specified injuries. While, therefore, under the European systems
payment is usually continuous during life and the insurance payments
begin only after the expiration of a period during which benefits are
derived from other funds in many instances, a general idea of the
comparative standards can, nevertheless, be derived by considering
the tables for the two countries.
Since the foreign scales present degrees of disability by percentages
of an estimated total disability, while the State laws make awards
for specified periods, in order to make the latter comparable with the
former it becomes necessary to compute the percentages for the States,
using the number of weeks’ payments for total disability as the base,
and determining the percentage for each specific compensation period,
respectively. Inasmuch as certain American laws provide for pay
ment during life, it would be impossible to compute percentages for
the temporary awards made without the introduction of the actuarial
basis of expectancy, and these are therefore omitted from this com
parison. It must be borne in mind also that in some cases, indicated
in the foregoing table, the specific awards provided for are declared
to be in lieu of all other compensation for the injuries in question,
while in others they are in addition to the amounts paid during the
continuance of total disability on account of the injury received, and
in still others the law is silent on this point. It is obvious, therefore,
that strict comparisons between the American and European scales

w o r k m e n ' s COMPENSATION LAWS— UNITED STATES.

as thus arrived at are not possible, though a measure of value doubtless
remains.
The computed table, based on the American laws, is as follows:
COMPUTED PERCENTAGES OF DISABILITY FOB SPECIFIED INJURIES, BASED ON
SCHEDULES OF COMPENSATION AWARDS UNDER THE LAWS OF VARIOUS STATES.
Nature of injury.

Conn. Iowa. Mass. |Mich. Minn

Nev.

N.J.

R .I.

Tex.

Wis.

P.ct. P.ct. P.ct. P.ct. P.ct. P.ct. PM. PM. PM. PM.
Loss of—
50
10
40
50
50
50
40
27
Arm................................
13
10
30
38
10
30
38
40
38
Hand..............................
10
13
33
2
12
15
15
7
2
3
8
10
15
Thumb...........................
One phalange............
4
5
2
6
8
8
2
4
3
3
4
Index finger.....................
2
7
8
7
9 ...... 9*
9
2
One phalange............
4
2
4
4.
4
2
3
2
Hflfldift finger...................
6
2
6
8
7
8
2
3
3
6
1
3
2
3
4
4
2
3
One phalange............
Ring finger......................
2
4
5
5
2
5
5
5
2
3
1
One phalange............
2
3
2
3
3
2
3
<>
4
4
4
2
3
4
4
2
3
Little finger.....................
One phfl.ifl.ngft............
i
2
2
2
2
2
2
3
44
45
44
44
33
10
Leg.................................
35
35
10
13
35
25
10
25
25
31
31
10
13
Foot...............................
31
1
2
2
Great toe.........................
7
6
6
8
7
8
3
One pha.ifl.ngft............
3
2
3
4
3
4
2
3
2
1
4
2
2
Other toe........................
3
3
3
2
3
3
1
1
1
1
2
2
2
3
1
One phalange............
23
25
25
25
Sight of one eye...............
20
20
25
10
13
10
S
Hearing, one ear..............
10
Hearing, both ears...........
30
33

The Bureau of Labor Statistics undertook some time ago to secure
the official scales of disability (Invaliditats-Skala) of the German
associations (BerufsgenossenscMftm), but obtained such a scale in
only one of the three score instances in which they were supposed to
exist, this being the scale of the association managing the insurance
in the Bavarian woodworking industries; a number of such associa
tions stated that the matter was in the hands of the administrative
bodies, and such tables were not used. There are available, how
ever, in the library of the Bureau of Labor Statistics and the library
of Congress books presenting the results of a number of studies,
while the Twenty-fourth Annual Report of the Commissioner of
Labor Statistics, Workmen’s Insurance and Compensation Systems
in Europe, contains some material along these lines, notably the
official schedule used in administering the Russian workmen’s insur
ance law, presented at pages 2107-2111 of the report. Such data as
are at hand at this time are collected in a table presented below, the
list of injuries being one that was drawn up by the authors of a
French work “ Accidents du Travail: Guide pour l’Evaluation des
Incapacites,” by Imbert, Oddo, and Chavemac. The data on which
this classification and rating is based are cited as from official sources,
the German, French, and Austrian material being official adjudica
tions or ratings, while the Italian law itself furnishes the rates for
that country. From these four sources, and some others which tho
authors consider as of commanding value, the scale presented in the

BULLETIN OF TH E BUREAU OF LABOR STATISTICS.

first column, headed “ Imbert,” etc., is derived, and the four succeed
ing columns present the basic data contained in the work above
mentioned.
Dr. Maximilian Miller published a work in 1908 on the subject of
degrees of disability under the insurance legislation of Germany,
‘ ‘Die Erwerbsunfahigkeit und ihre Ursachen.” This author presents
a table based on the collective experience of a number of German
insurance associations giving different rates for skilled and unskilled
workmen. These rates are presented in the two columns headed
‘ ‘Miller” on page 44. The next column presents the data furnished
by the Bavarian woodworkers’ association mentioned above, while
the column immediately following contains the Russian standard
adopted in 1904, having been drawn up by the medical council of
the Ministry of the Interior for the guidance of the physicians con
cerned with the administration of the workmen’s insurance law of
that country.
This scale and the one presented in the column headed “ KdnenKoln ” present forms of disability not contained in the other scales, to
which attention will be given in another place, the items here presented
being such as correspond to the list of Imbert. The basis of the
scale presented by Konen-Koln is the decisions of the German adjudi
cating officers. The next column, headed “ Bahr,” results from the
consideration of the experience of important German, Swiss, and
Austrian insurance associations as brought together by F. Bahr.
The two last-named scales are presented in a volume, “ Handbuch
der Unfallerkrankungen,” by Dr. C. Thiem, 1909. Dr. Thiem under
takes to draw up from the above and other data a table of his own,
systematizing the degrees of disability in accordance with the various
facts at hand, and the result of his labors is given in the last column
of the table which follows:

W O R K M E N 'S COMPENSATION LAWS— UNITED STATES.

DEGREES OF DISABILITY FOR SPECIFIED INJURIES, ACCORDING TO VARIOUS
FOREIGN STANDARDS AND AUTHORITIES, EXPRESSED IN PERCENTAGES OF
TOTAL DISABILITY.

Nature of injury.

Imbert,
etc.

German
adjudica
tions.

French
adjudica
tions.

Austrian
imperial
office
ratings.

Italian
law.

Loss of right or major—
Arm,.................... ....................... .
Forearm............................................
Disarticulation at shoulder.................
TTand---......... ......... ........................
Thumb.......................... ..................
Including metacarpal bone...........
Ope phalange only.................. ..
TndA* fipger... T..... *...................
Two phalanges... ...............
One phalange only,.................. .
HffftfdlAfingftr _ __________________
Two pHalanpt. t................., .....
Ore phalange onhr......................
Ringfin^r........................................
^w<>wphalanges.... r. T„T...............
Onephalange only.......................
t f i n g e r . . 7 ...... _____
/Two phalanges.........................
One phalange only.......................
Thumb and index finger.....................
Index and piiddle fingers___ _______
Middle and ring Angara., T_________

Percent.
75
70
85
65
30
35
15
15
10
6
10
8
5
10
8
5
8
6
3
45
25
20
20
55
35
30
65
50

Percent,
60-75
66-75

Percent.
60-85
70-80

Per cent.
66-83

Percent.
80
70-80

50-75
30

55-80
14-60

50-83
25-33

70
30

10-20
10-15
10
0-10
20
0-10
0-10
15
0-10
0-10
10
0-10
0
40
25-50
33-40
20-33
50-60
45-60
33
50-60

6-30
8-15
7-20
2-12
6-16
5-10
3-10
8-11
5-10
0- 8
6- 8
3- 8
0- 6

15
20

65
60
75
55
25
30
10
10
8
5
8
6
2
8
6
2
6
4
1
35
20
15
12
45
25
20
50
40

60
60-75

Thumb, index, ancTmiddie fingers......
Index, middle.'and ring fingers..........
Middle, ring, and little fingers............
Thumb aficT'three fingers.7.................
Four fingers............ 7........................
Loss of left or minor—
Arm..................................................
Forearm............................................
Disarticulation at shoulder.................
Hand.................................................
Thumb..............................................
Including metacarpal bone............
One phalange only.......................
Index finger.......................................
Two phalanges............................
One phalange
Ov only.......................
w ¥••••••••••••••••
Middle finger.....................................
Two phalanges.............................
One phalange only.......................
Ring finger........................................
Two phalanges.............................
One phalange-only.......................
Little finger.......................................
Two phalanges.............................
One phalange only.......................
Thumb and index finger.....................
Index and middle fingers....................
Middle and ring fingers*......................
Ring and little fingers........................
Thumb, index, ana middle fingers
Index, middle, and ring fingers...........
Middle, ring, and little fingers............
Thumb ana three fingers....................
Four fingers.......................................
Loss of thigh:
Disarticulation...................................
Amputation.......................................i
Loss of leg................................................1
Loss of foot..............................................
Fore part of foot only......................... 1
Loss of great toe........................................
Including metatarsal bone.................. •
One phalange only............................. •
Loss of other toe...................................... •
’
Loss of all toes......................................... 1
Loss of sight, one eye...............................
Loss of hearing, one ear:
P artial............................................
Complete...........................................
Loss of hearing, both ears:
P artial............................................
Complete...........................................

&-10

8
5
8
5
12
5

60-80
60

66-83
66-75

75
66-75

50-60
25

50-55
10-20

50-83
25-30

65
25

10
10
10
0-10
15
0-10
0-10
0-10
0-10
0-10
0-10
0-10
0

5-13
11-13
6-20
0-10
5-16
8-15
3-10
8-10
5- 8
2- 6
3-10
2-10
1- 6

1-10

34-70
33-40
10-20
30-50
40-50
50-60
60-65
60

12
15
8
1-10

8-10

20-35
33
45

85-90
70-80
60-65
45-55
20-30
12-16
15-20
4- 5
3- 5
20-25
20-50

5
20-25
25

8-10
10-15

10-40
15-30

10-15
50

20-30
15-50

85
66
50-70
50-60
35-50
10-15

13
30-40
20-35

65-90
43-65
60-65
5-8
2- 8
7-20
33

50-S3
66
45-65

70
60
50
50

7
15
5

4-22

35
!

10
40

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

DEGREES OF DISABILITY FOR SPECIFIED INJURIES, ACCORDING TO VARIOUS
FOREIGN STANDARDS AND AUTHORITIES, EXPRESSED IN PERCENTAGES OF
TOTAL DISABILITY—Concluded.
Miller.

Nature of injury.

Loss of right or major—
Arm..................................
Forearm............................
Disarticulation at shoulder.
Hand................................
Thumb..............................
Including
One phalange only..
Index finger................
Two phalanges......
* One phalange only.
Middle finger.
One phalange only...................
Ring finger...................................
Two phalanges........................
One phalange only...................
Little finger..................................
Two phalanges........................
One phalange only..................
Thumb and index finger................
Index and middle fingers...............
Middle and ring fingers.................<
Ring and little fingers...................
Thumb, index, ana middle fingers..
Index, middle, and ring fingers----Middle, ring, and little fingers...... .
Thumb and three fingers.............. .
Four fingers................................. .
Loss of left or minor—
Arm............................................ .
Forearm.......................................
Disarticulation at shoulder...........
Hand...........................................
Thumb........................................
Including_____ ,
One phalange only.
Index finger.................
Two phalanges.......
One phalange only.
Middle finger...............
Two phalanges.......
One phalange only.
Ringfinger..................
Two phalanges.......
One phalange only.
Little finger.................
Two phalanges.
Thumb and index finger................
Index and middle fingers...............
Middle and ring fingers..................
Ring and little fingers...................
Thumb, index, and middle fingers..
Index, middle, and ring fingers.
Middle, ring, J
" -----Thumb and t’
Four fingers.
Loss of thigh:
Disarticulation.................
Amputation...................
Loss of leg.............................
Loss of loot............................
Fore part of foot only........
Loss of great toe.....................
Including metatarsal bone.
One phalange only...........
Loss of other toe.....................
Loss ot ail toes........................
Loss of sight, one eye..............
Loss of hearing, one ear:
Partial.............................
Complete..........................
Loss of hearing, both ears:
Partial.............................
Complete..........................

Bava Rus
rian
sian Konenwood stand
Un
Skilled skilled workers’ ard, Koln. Bahr.
work work associa 1904.
tion.
men.
men.
Peret.

80
70

10
10

Peret.

60
60

Thiem.

Peret. Peret. Peret. Peret. Per et.
75
75 50-66|
75
50-66§
75
70 -SO
66§ 50 -66| 60 -66|
75
/0 -80

22-26

25-30

18-27

25-30
30-33|

11 -13
16-18

15-20

12 -17*

15*-i8*

5J- 6
13 -14

5 -1 0

4-5

8-10

3
11 -12

’io’ io-irj io*-i2*

3*- 4

66| 40-50

60-70

40-50

60-70
19-22
15

10
10
10

50-60
20-25

*9ibir

60-70

40-50
12 -17*

50-60
20-25
25 -30
12-15

14 -16

8-12

4J- 5*
11-13

T-io*

3*- 4
7 -8

5 -1 0

2 J -3
9-11

io’

*7H0*

io'-isT

40 -50
40-50
30-50

75
50 -66|
50

5 -1 0

0-10

3-3*

40
80
60
50
30-40

85
75

70 50-70
60
50 50-60
30-40
10 15-20*

3 -5

5 -6
50-60
35-50

25 -40
10
50

25
65

20 -33J
20-50

0-10

10-40
50-60

w o r k m e n ' s COMPENSATION LAWS— UNITED STATES.

As mentioned in the introduction to the foregoing tables, certain
forms of disability are provided for in some of these scales which are
not mentioned in the American laws except by the provision in some
cases that the loss of the use of a member is equivalent to the loss of
that member. On account of their interest in the general field, some
of these rates are given in the following table, though not strictly
comparable with any American material:
DEGREES OP DISABILITY FOR SPECIFIED INJURIES OTHER THAN MAIMINGS,
ACCORDING TO CERTAIN FOREIGN STANDARDS, EXPRESSED IN PERCENTAGES
OF TOTAL DISABILITY.
Russian standard,
1904.

ICflnen-Koln.

Nature of injury.
Right.

Left.

30
50
35
60
60
60
40
20

Stiff wrist joint............................................................
Stiff elbow joint at full extension or full flexion...........
Stiff elbow joint at right-angle flexion...........................
Loose elbowjoint.........................................................
Stiffness of elbow and wrist joints.................................
Stiffness of shoulder joint.............................................
Inability to raise arm above horizontal position.............
Habitual dislocation of shoulder....................................
Stiffness of knee joint at extension................................
Stiffness of knee joint strongly flexed or overextended..
Loose knee joint..........................................................
Fracture of patella with injury to extension attachments

25
40
25
50
50
50
30
10.

40
10
0
50

Right.
40
60
40
60-70
70
50
30
35

Left.
30
50
30
50-60
60
40
20
15

50
60-70
50
50

Injuries to the eye have received comparatively little attention in
American laws, degrees of visual capacity being noted in perhaps
but one statute. The subject has been given detailed attention in
European practice, the medical council of the Russian Ministry of the
Interior having adopted what is known as Josten’s table for com
puting the degrees of disability due to the weakening of eyesight.
The table is as follows:
JOSTEN’S TABLE FOR DETERMINING DEGREES OF DISABILITY RESULTING FROM
WEAKENING OF VISION.
S.

0.50

0.40

0.30

0.20

0.10

0.00

0.50
.40
.30
.20
.10
.00

0.00
6.50
13.50
20.00
26.50
33.50

6.50
14.50
22.00
30.00
38.00
46.00

13.50
22.00
31.50
41.00
50.50
60.00

20.00
30.00
41.00
52.00
62.50
73.50

26.50
38.00
50.50
62.50
75.00
87.00

33.50
46.00
60.00
73.50
87.00
100.00

N ote.—S. stands for strength of vision; the first horizontal line of figures gives the remaining strength
of one eye, and the first vertical line the remaining strength of vision of the other eye. The figure at the
crossing of the two lines proceeding from the respective figures in the first horizontal and vertical lines gives
the degree of loss of vision. Thus, when the vision in one eye is 0.20, and the other 0.10, the disability is
62.60 per cent.
Besides the strength of central vision, other conditions, such as accommodation, muscular action of the
eye, etc., as well as the nature of the employment of the injured, may be taken into consideration.

BULLETIN OF THE BUBEAU OF LABOR STATISTICS.

A small volume by a German authority, Dr. Maschke, makes this
subject the sole matter of its consideration. This yolume in a French
translation is entitled “ Guide Pratique pour la Determination des
Rentes en Cas d’Accidents Oculaires.” The table presented by Dr.
Maschke is said by him to be the rating actually employed in German
practice in determining insurance benefits. It differs in detail from
the Josten’s table used by the Russian authorities, making more
refined distinctions as to degrees of disability.
The method is the same as in Josten’s table, i. e., the left-hand
column represents the visual power of one eye and the horizontal
line of fractions represents the visual power of the other, while the
figure in the body of the table found at the vertex of a right angle
drawn from the two fractional quantities represents the percentage of
a total disability that is allowed for the particular case. Thus if
the left-hand figure, one-seventh, represents the visual capacity of
one eye, and the fraction, one-half, represents the visual capacity of
the other, the amount of compensation allowed would be 20 per cent
of a full allowance. It will be noted that in eight cases an amount
of compensation in excess of the standard full allowance is granted,
the amounts ranging from 105 to 125 per cent. This is explained by
the fact that it is considered that, the person whose loss of vision is so
extensive as to involve complete or practically complete blindness
is entitled to a higher rate of compensation because he is not only in
capable of exercising any trade but in addition requires personal care
and attention.
The table follows:
GERMAN TABLE FOR DETERMINING DEGREES OF DISABILITY RESULTING FROM
WEAKNESS OF VISION.
Visual
capacity.

1to 1.......
I . .. ; . ......
I
......
i .............
........
^ ............
JL............
s:
. ..
5 !!...........

lt o }

*
o
o
5

10
10

15
15

20
20
25

0
5
10
10
15
20

25
25
30
35

*
5

25
25
30
30
35
40
45
55

10
10

25
40
40
45
50
55
60
65

15
30
40
55
60
65
70
75
80

*
15

30
45
60
70
75
80
85
90

15
25
35
50
65
75
85
90
95
105

25
40
55
70
80
90
95

100

115

30
45
60
75
85
95

100
110

125

25
35
55
65
80
90
105
115
125
125

w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES.

While many of the distinctions presented in the foregoing tables
are far more elaborate than any yet in force, the development of a
system of compensation awards will necessarily involve the use of
scales for the guidance of administrators of compensation laws.
Indeed, one of the most elaborately worked-out schemes that has
come to the attention of the writer is the one proposed by the Indus
trial Accident Board of the State of California, undertaking to deter
mine schedules of percentages of physical disabilities resulting from
injuries sustained through industrial accident, each organ and part of
the body being considered in turn and the various forms of disability
to which they are subject being enumerated, the parts being consid
ered singly and in combination. The length to which detail is carried
in the proposed scheme may be seen by the fact that when consider
ing the middle and ring fingers 42 items are presented; for the lower
extremities, 26; for shoulders and arms, 28; for the eye, 14, etc. The
working out of fixed scales in such extended detail necessarily requires
a wide range of experience or a large use of estimates based on rea
soned proportionate results. In the French work by Imbert, Oddo,
and Chavemac it appears that some of the estimates made by the
authors were thus derived or reasoned rather than based on actual
awards. The writer is aware of the fact that data are in existence
on which some of the tables presented in this study are based, and
the Bureau of Labor Statistics has in view the further pursuit of this
subject, so as to be able to present more fully the details of European
experience along these lines.
TIME FOR NOTICE AND CLAIM.

Limitations are placed on the time for giving notice and for making
claims under the acts, notice usually being required within from 10
to 30 days, and a claim within from 6 months to 2 years. A num
ber of laws contain the provision that no notice is necessary where the
employer has other'knowledge of the fact or where the accident was
a fatal one. The time set may also be extended if it is shown that
the employer was not prejudiced by the delay. The time for pre
senting the claim or bringing action thereon appears usually to be
fixed absolutely.
SETTLEMENT OF DISPUTES.

Under this head are given the agencies to which recourse may be
had on the failure of the employer and his workmen or the claimant
to reach an agreement as to the amount of compensation or other
facts involved. In a number of States a special commission or board
is created to have charge of the administration of the law and, if an
insurance law, of the funds collected under it. In other States arbi
trators chosen for the purpose or any standing committee of the

BULLETIN OF THE BUBEAU OF LABOR STATISTICS.

employer and his workmen may take cognizance of the disputes, whiie
in some States the disputes are referred to the courts. In all cases
an appeal, sometimes only on certain phases of questions involved,
may be had to the courts. Where the courts are charged with the
settlement of disputes, it may be provided that proceedings shall be
summary, or that juries may be dispensed with in such cases.
NONRESIDENT ALIEN BENEFICIARIES.

The provisions of the laws as to beneficiaries residing abroad are
quite various, some of the laws giving them the same standing as
other beneficiaries, others excluding them entirely, while still others
permit persons only of certain degrees of kinship to receive benefits
or limit the amounts payable to nonresidents.

PRINCIPAL FEATURES OF LAWS RELATING TO W ORKMEN’ S COMPENSATION AND INSURANCE.
H ow election is made.
States, etc.

System provided for.

Defenses abrogated if
employer does not elect.

Industries covered.
B y employer.

B y employee.

Connecticut.
Ch.
138.
Approved
May 29,1913. In
effect Jan. 1,1914.

Compensation, elec
tive.

All..

Presumed in ab
sence o f written
notice.

Presumed in ab
sence of written
notice.

Illinois.
P . 314.
Approved June
10,1911. In effect
M ay
1,
1912.
A m ended June
28,1913.

Compensation, elec
tive (compulsory
as to State and its
m unicipalities).

All (casual employees
and those not exposed
to hazards of employ
ments excepted).

Presumed as to
employers
in
designated ex
tra h a z a r d o u s
employments in
absence o f writ
ten notice; other
employers file
notice.
Presumed in ab
sence o f notice
posted in estab
lishment a n d
filed with indus
trial
commis
sioner.
Presumed in ab
sence of notice
posted in estab
lishment
and
filed with secre
tary of state.
Writing filed with
accident board.

Presumed in ab
sence of written
notice, if em
ployer elects.

Iowa. Ch. 147. A p ........d o ......................
proved Apr. 18,
1913. In effect
July 1,1914.

Kansas.
Ch. 218.
Approved May
14.1911. In effect
Jan.
1,
1912.
Amended Mar.
10,1913.
Michigan. No. 10.
A pproved Mar.
20.1912. In effect
Sept. 1. 1912.
Amended Apr.
10, A pr. 16, May
2, May 7,1913.
Minnesota. Ch. 467.
A pproved Apr.
24.1913. In effect
Oct. 1,1913.

A ll except domestic and
agricultural l a b o r
(casual employees ex
cepted).

Compensation, elec
tive.

“ Especially dangerous
(enumerated l i s t )
where 5 or more
workmen a r e e m ployed.2 .

Compensation, elec
tive (compulsory
as to State and its
municipalities).

A ll (casual employees
excepted).

Compensation, elec
tive.

A ll except railroads in
interstate commerce,
and domestic and ag
ricultural labor (casu
al employees except
ed).

A ll employing 5 or more
workmen, except rail
roads in interstate
commerce and domes
tic and agricultural
labor (casual em ploy
ees and outworkers
excepted).
New Hampshire. ........d o ......................... “ Dangerous” (enumer
Ch.
163.
Ap
ated list).
proved Apr. 15,
1911.
In effect
Jan. 1,1912.
N ew Jersey. Ch. Compensation, elec All (casual employees
tive (compulsory
95.
A pproved
excepted).
as to State and
A pr. 4, 1911. In
its municipalities).
effect July 4,
1911. Amended
May 2,1911, Apr.
1, 1912, Mar. 27,
1913.
New Y ork .
Ch. Compensation, elec A ll but railroads.
352.
A pproved
tive.
May 24, 1910. In
effect Sept. 1,
1910.
B hode Island. Ch. . . . . . d o ....................... A ll employing more
than 5 workmen, ex
831.
A pproved
A pr. 29, 1912. In
cept in domestic serv
ice and agriculture
effect Oct.
1,
1912. Amended
(casual employees and
A pr. 29,1913.
those earning over
$1,800 excepted).
Wisconsin. Ch. 50. Compensation, elec A ll (casual employees
A pproved May 3,
tive (compulsory
excepted).
1911.
In effect
as to the State and
sam e da te.
its municipalities).
Am ended June
26 and A ug. 9,
1913.
Nebraska. Ch. 198. ___ .d o ........................
A pproved Apr.
21,1913. In effect
July 17,1913.

Arizona.
Ch. 14
(extra session).
A pproved June
8, 1912. In effect
Sept. 1, 1912.
Am ended May
13,1913.
California. Ch. 399.
A pproved A pr.
8, 1911. In effect
Sept. 1, 1911.
A m ended M a y
26, 1913.
New Y ork.
Ch.
816.
A pproved
Dec. 16,1913. In
effect July 1,1914.

United States. 35
Stat., 556. A p
proved May 30,
1908.
In effect
A ug. 1,1908.
Canal Zone. E x
ecutive
order,
Feb. 29,1913. In
effect Mar. 1,1913.
(Suspended.)

U nited States
(Railway E m ployees’ B ill).

Maryland. Ch. 837.
Approved A pr.
15, 1912. In ef
fect same date.

Massachusetts.
C h . 751. A p
proved July 28,
1911.
In effect
July 1,1912.
Nevada. Ch. 183.
Approved Mar.
24,1911. In effect
J u l y 1, 1911.
Amended Mar.
15, 1913.
In ef
fect July 1, 1913.

Presumed in ab
sence of notice
posted in estab
lishment
and
filed with com
missioner of la
bor.
Presumed in ab
sence of notice
posted in estab
lishment
and
filed with insur
ance
commis
sioner.

Assumed risks, fellow
service, and contributory
negligence, except as to
casual employees, and
employers of less than 5
persons.
Assumed risks, fellow serv
ice, and contributory
negligence, as to em
ployers in designated
extrahazardous em ploy
ments.

Not permitted after elect
ing compensation.

Special contracts.

Burden of cost is
on—

50 per cent of weekly earn
ings for 8 years; $5 mini
mum, $12 maximum,
up to $3,500.1

50 per cent of wage de
crease; $12 maximum,
for not more than 8
years; fixed rates for
specified injuries.

During first 8 weeks, not
over $200; physician or
surgeon during disa
bility unless employee
prefers his own.

Notice as soon as prac
ticable, not later than 30
days; claim in 6 months.

Arbitrators for each
case, subject to re
view b y industrial
board and appeal
to courts.

Funeral expenses, not
over $100; 50 per cent of
wages for 300 weeks; $5
minimum, $10 m axi
mum.

50 per cent of wages for 400
weeks; $5 minimum, $10
maximum.

Fixed rates for specified
injuries; proportionate
for others; $5 minimum,
$10 m axim um .

During first 2 weeks; not
over $100, including bur
ial if injury was fatal.

Notice in 15 days; if in 30
days, not barred except
as to extent employer
was prejudiced; bar ab
solute after 90 days.

Industrial commis
sioner and two
others as arbitra
tors; limited ap
peal to courts.

Bond m ay be required to
secure
lump
sums
awarded b y court. In
surers have rights and
duties o f insured em
ployers.
Em ployer
must
give
proof of financial ability
or procure State, m u
tual, or private insur
ance. I f
insolvent
claims are a first lien.

.d o ....................

3 years’ earnings; $1,200
minimum, $3,600 m ax
im um ; no dependents,
$100.

50 per cent of weekly
earnings; $8 minimum,
$15 maximum, for not
more than 8 years.

25 to 50 per cent of weekly
earnings; $3 minimum,
$12 m aximum, for not
more than 8 years.

Only if employee dies
leaving no dependents.

Notice in 10 days; claim
in 6 months.

Local committees or
arbitrators; court
review allowed.

$750 m aximum ex
cept to residents
of Canada.

50 per cent of wages for
300 weeks; $4 minimum,
$10 m aximum; no de
pendents, $200.

50 per cent of wages for
not over 500 weeks; $4
minimum, $10 m axi
m um , total not to ex
ceed $4,000.

50 per cent of wage de
crease, $10 maximum,
for not over 300 weeks;
fixed rates for specified
injuries.

During first 3 weeks..

Notice in 3 months; claim
in 6 months.

Industrial accident
board; arbitration,
appeals to supreme
court.

Included.

I f insured employer is More than 2 weeks. . 25 to 60 per cent of wages
insolvent,
claimants
for 300 weeks; $6 mini
mum , $10 m aximum;
have lien on proceeds
of policy.
no dependents, $100.

50 per cent of wages for 400
weeks; $6 minimum, $10
m aximum.

50 per cent of wage de
crease for 300 weeks; $6
minimum, $10 maxi
m um ; fixed rates for
specified injuries.

During first 90 days; not
over $100, or b y order of
court, $200.

Notice in 14 days; if in 30
days, not barred except
as to extent employer
was prejudiced; bar ab
solute after 90 days.

Courts.

Included.

.d o .

I f insured employer Is
insolvent, claims are
enforcible d i r e c t l y
against the company.

More than 2 weeks
(payment
from
date o f injury if
disability lasts 8
weeks or longer).

$100 funeral expenses; 50
per cent of wages for 350
weeks; $5 minimum, $10
maximum.

50 per cent of wages for
300 weeks; $5 minimum,
$10 maximum, then 40
per cent of wages during
life; $4 m inimum, $8
m aximum.

50 per cent of wage de
crease; $10 maximum,
for 300 weeks; fixea
rates for specified in
juries.

During first 3 weeks; not
to exceed $200.

Notice as soon as prac
ticable; c l a i m i n 6
m onths; petitions filed
in court in 1 year.

Arbitrators or dis
trict
court
of
county.

Included (widows,
children,
and
parents only).

...d o .

Employer must give proof
of financial ability or
give bond.

More than 2 w eexs. .

150 times weekly earnings,
not more than $3,000; no
dependents, $100.

50 per cent o f average
weekly earnings; m axi
mum, $10 for not more
than 300 weeks.

50 per cent of wage loss;
maximum, $10 per week,
not more than 300 weeks.

Only if employee dies
leaving no dependents.

Notice as soon as prac
ticable and before leav
ing service; claim in 6
months.

P r o c e e d i n g s in
equity.

Beneficiaries must
be residents of
State.

Compensation payments
are preferred claims on
assets of employer.

-----d o .........

35 to 60 per cent o f wages
for 300 weeks; $5 min
im um , $10 m aximum;
no dependents, $100.

50 per cent o f wages for 400
weeks; $5 minimum, $10
maximum.

F ixed scale for specified
injuries; others propor
tionate.

During first 2 weeks; not
over $50.

N otice in 14 days; if in 30
days not barred except
as to extent employer
was prejudiced, but ab
solute after 90 days;
claim in 1 year.

Judges of court of
com m on p l e a s ;
limited appeal to
supreme court.

Excluded.

.d o .

1,200 times daily earnings;
$3,000 m aximum; no de
dependents, $100.

50 per cent o f wages (not
more than $10 weekly)
for not more than 8
years.

50 per cent of wage de
crease; same limits as
for total disability.

Only if employee dies
leaving no dependents.

N otice as soon as prac
ticable and before leav
ing service; claim in 6
months.

Arbitration or courts.

Presumed in ab
sence of notice
to employer and
filed with com
missioner of la
bor.

Assumed risks and fellow
service;
contributory
negligence unless will
ful.

Not permitted after elect
ing compensation.

Em ployer m ay in
sure or maintain a
benefit fund, but
m ay not reduce
liability fixed b y
law.

.d o .

Assumed risks; also fellow
service and contributory
negligence unless will
ful, if 4 or more em ploy
ees.

Compensation com
missioners; appeal
to courts.

More than 2 w eeks. .

Forbidden.

Presumed in ab
sence of written
notice to em
ployer, if em
ployer elects, ex
cept on rail
roads, • where
acceptance must
be in writing.

Notice in 30 days; claim
in 1 year.

Em ployer
must
give
proof of solvency or in
sure risks.

N ot permitted after elect
ing compensation, un
less employer is in de
fault on insurance pre
miums.

Presumed as to
employers of 4 or
more p e r s o n s
(except r a i l
roads) in absence
of notice filed
with industrial
com m ission;
other employers
m ay elect b y
filing notice.

During first 30 days........

___ d o .........

Assumed risks, fellow serv
ice, and contributory
negligence, except in
suits b y domestic and
farm laborers.

Presumed in ab
sence of written
notice, if em
ployer elects.

50 per cent of wage de
crease; $10 maximum,
for not over 312 weeks;
fixed rates for specified
injuries.

More than 6 work
ing days; then
c o m p e n s a tion
from eighth day.

Presumed in ab
sence of written
notice, if em
ployer elects.

W riting filed with
commissioner of
industrial statis
tics.

50 per cent of earnings for
not over 520 weeks-. $5
minimum, $10 m aximum.

E m ployer
must
give
proof of financial ability,
furnish security, insure,
or make other provision
for security.

Approved schemes ........d o . . . .
m ay be substi
tuted.

None; restricts defenses of
assumed risks and fel
low service; requires
proof of contributory
negligence.
Assumed risks, fellow
service, and contribu
tory negligence, except
for domestic and farm
labor and employers of 5
or less persons.

$100 funeral expenses; 50
per cent of wages for 312
weeks; $5 minimum, $10
m axim um ; no depend
ents, $750 to State ex
pense fund.
4 years’ earnings; $1,500
m inimum, $3,500 m axi
m um ; no dependents,
$150.

____d o ____

.d o .

W riting filed with
county clerk.

Medical and surgical aid.

Em ployer m ay in
sure or maintain a
benefit fund, but
m ay not reduce
liability fixed b y
law.

Assumed risks and fellow
service;
contributory
negligence to be meas
ured.3

W riting filed with
county clerk.

Partial disability.

.d o .

Presumed in ab
sence of written
notice filed with
s e c r e t a r y of
state.

Presumed in ab
sence of written
notice to em
ployees.

Total disability.

Nonresident alien
beneficiaries of
deceased work-

More than 2 weeks..

Approved schemes
m ay be substitu
ted, but no reduc
tion of liability
allowed.

None (assumed risks, fel
low service, and contrib
utory negligence re
stricted by 1iability pro
visions of statute).
Assumed risks and fellow
service;
contributory
negligence unless will
ful.

Time for notice and claim. Disputes settled b y —
Death.

E m ployer
must
give
proof of solvency or in
sure risks.

,.d o .

.d o .

Compensation for—

T o be compensated
disability
must
continue—

E m ployer..

Assumed risks and fellow
service;
contributory
negligence unless will
ful.

Presumed in ab
sence of notice
to employer and
filed with insur
ance
commis
sioner.

Security of payments.

A pproved schemes
m ay be substitu
ted.

Presumed in ab
sence of written
notice to em
ployer and in
dustrial
com
missioner.

B y accepting com
pensation or be
ginning proceed
ings under the
act.
Presumed in ab
sence o f written
notice to em
ployer.

Writing filed with
commissioner of
labor.

Suits for damages are-

Forbidden...........

Permitted in lieu o f com
pensation.

N ot permitted after elect
ing to receive compen
sation.

Permitted in lieu of com
pensation if employer
was guilty o f serious or
willful misconduct or
violated safety law.
N ot permitted after elect
ing to receive compen
sation.

.d o .

...d o .

No substitute agree ........d o . . .
ments valid.

.d o .

More than 2 weeks
(paym ent
from
date of injury if
disability lasts 8
weeks or more).

Approved schemes
may be substi
tuted; no reduc
tion of liability
allowed.

.d o .

Payments are a claim su
perior to unsecured
debts.

----- d o .

50 per cent o f weekly
wages for 300 weeks; $4
minimum, $10 m ax
im um ; no dependents,
$200.

50 per cent o f weekly
earnings for not over
500 weeks; $4 m inimum,
$10 maximum.

50 per cent of wage de
crease, $10 maximum,
for not more than 300
weeks; fixed rates for
specified injuries.

Reasonable services for
first 2 weeks; maximum
$200 in fatal cases with
no dependents, inelud
ing burial.

N otice in 30 days; claim
in 1 year.

Courts in summary
proceedings.

Insurance or other
schemes permit
ted, but no reduc
tion o f liability al
lowed.

..d o ...

Employer must give proof
of financial ability or in
sure risks.

More than 1 week
(payment for first
week i f disability
lasts more than 4
weeks).

years’ earnings, but
amount added to prior
d i s a b i l i t y payments
m ay not exceed 6 years’
earnings; no depend
ents, $100.

65 per cent o f wages; if
nurse is required, 100
per cent after 90 days;
no total to exceed 6
years’ earnings.

65 per cent o f wage de
crease; no total to ex
ceed 4 years’ earnings;
fixed rates for specified
injuries.

For not more than 90
days.

Notice in 30 days; claim in
2 years.

Industrial commis
sion; appeal to
courts.

Half rates, except
as to residents of
Canada or de
pendencies of the
United States.

Included.

*Especially dangerous ”
(enumerated l i s t ) ;
elective as to all
others.

Permitted inlieu o f com
pensation.

Permitted if com
pensation is pro
vided not less than
that of the act.

.d o .

Judgments awarding com
pensation have same
preference as wage debts.

At least 2 weeks;
then compensa
tion from date of
accident.

2,400 times one-half the
daily wages; $4,000 max
im um ; no dependents,
medical and burial ex
penses.

50 per cent o f average
semimonthly earnings,
during disability, not
to exceed $4,000.

50 per cent of wage de
crease until recovery,
not to exceed $4,OCX).

Only if employee dies
leaving no dependents.

N otice in 2 weeks; none
required in case of
death or incompetence.
A ction on claim within
1 year.

Arbitration, refer
ence to attorney
general, or appeal
to courts.

A ll except domestic and
agricultural
labor
(casual employees ex
cepted); elective as to
excepted classes.

Permitted in lieu of com
pensation if employer
was personally grossly
negligent.

.d o .

Payments have same pref
erence as wage debts.

More than 2 weeks..

3 years’ earnings; $1,000
minimum, $5,000 m ax
im um ; no dependents,

65 per cent of wages for 240
weeks, then 40 per cent
for life.

65 per cent of wage de
crease for fixed periods
proportionate to disabil
ity.

During first 90 d ays..

N otice in 30 days; claim
in 6 months for dis
ability, 1 year for death.

Industrial accident
commission; lim
ited appeal to
courts.

Included.

.d o .

Hazardous e m p l o y
ments (extensive list);
domestic and agricul
tural labor excluded.

Permitted if employer
fails to secure payment
of compensation;
de
fenses o f fellow service,
assumed risks, and con
tributory
negligence
abrogated.

Em ployer m ay in
sure or maintain
a benefit fund, but
may not reduce
liability fixed by
law.
F orbidden.................

.d o .

Employer must give proof
of financial ability (de
posit o f securities may
be required) or procure
State, mutual, or pri
vate insurance.

16| per cent during con
tinuance, $5 minimum,
$15 maximum.

66J per cent of wage de
crease, fixed scale for
specified injuries;
$5
minimum, $15 m axi
m um ; for certain maimings, $20 maximu m.

During first 60 days.

Notice of injury in 10 days,
of death in 30 days, un
less excused for cause;
claim in 1 year.

W orkmen’s compen
sation
commis
sion; limited ap
peals to courts.

Included.

.d o .

Artisans and mechanics
in certain classesof em
ployments; all persons
in hazardous em ploy
ment in certain others.
A ll employees on Pana
ma Canal or Railroad.

Government can not be
sued.

Waivers forbidden.

.d o .

Payments are made from
regular appropriations.

More than 15 days.

$100 funeral expenses;
w idow or dependent
widower, 30 per cent o f
wages until death or re
marriage; 10 per cent
additional for each child
under 18 years, total Cot
over 66§ per cent.
1 year’ s earnings.................

Same pay as if employed,
not to exceed 1 year.

A ll benefits cease when
able to resume work.

No provision..

Claim for disability in
reasonable time; death
in 90 days.

Secretary of Labor..

.d o .

Government supervision
and funds.

More than 5 d a y s ...

50 per cent of earnings for
6 years, then 25 to 40 per
cent until death.

50 per cent of wage loss for
6 years, then 25 to 40 per
cent.

Reasonable services..

Notice of injury immedi
ate, of death in 90
days; claim for injury in
60 days, for death in 1
year.

Governor of Pana
ma Canal.

Included;
pay
ments commuted
to lum p sum.

.d o ..

Claims are first liens on | More than 2 weeks.
property of insolvent
employers.

Burial or transportation
of body; spouse receives
35 per cent o f earn
ings for 6 years, then 20
to 30 per cent, until
death or remarriage;
added sums for children,
total not over 50 per
cent.
25 to 50 per cent of earn
ings for 8 years, $50
minimum m o n t h l y
wage; $75 funeral bene
fit if m onthly payments
do not exceed $15.

50 per cent o f monthly
wages during disability;
for life, if permanent.

Fixed rates for specified
injuries; proportionate
for other partial disa
bilities.

During first 2 weeks, and
thereafter not to exceed
$200, unless employee
provides own care.

N otice in 90 days; claims
lapse in 2 years.

Disputes com m it
tees and adjusters;
appeals to courts.

3 years’ earnings, $1,000
minimum; no depend
ents, $75 minimum, $100
maximum.

50 per cent of average
weekly wages during
previous 12 months, if
so long in employer’s
service; i f not, then a
weekly benefit for such
shorljpr pftfiuv}
weekly benefit for sucn
shorter period as he may
have been in such serv
ice.
50 per cent of wages for
not over 500 weeks, $4
minimum, $10 m axi
mum, total not to ex
ceed $3,(XX).
50 per cent of earnings for
100 months, $20 m ini
m um , $60 m aximum,
not to exceed $5,000.

Difference
betw een
amount for total disa
bility and amount work
man is able to earn after
the injury; fixed propor
tions for specified in-

Only if employee dies,
leaving no dependents.

Benefits lim ited to
1 year’s wages if
beneficiaries are
not residents of
the
U nited
States or contigu
ous countries.

Contract m ay require rea
sonable
and
tim ely
notice.

Arbitration, if so
provided in con
tract.

50 per cent of wage loss,
$10 maximum, for not
more than 300 weeks;
fixed rates for specified
injuries.
50 per cent of wage de
crease, $40 m aximum,
for not more than 60
months; fixed rates for
specified injuries.

During first 2 weeks..

N otice as soon as prac
ticable; claim in 6
months.

Only if employee dies,
leaving no dependents

Applications must be
made and claims en
forced in 1 year.

Arbitrators for each
case; industrial ac
cident board; ap
peal to courts on
points of law.
Industrial commis
sion.

$30 per month if single,
$35 if dependent spouse,
$6 additional for each
child, total not to ex
ceed $50.

Proportionate bsnefits for
not over 2 years if tem
porary; fixed rates for
specified injuries.

N ot to exceed $250.

Claim in 1 year..

Industrial accident
commission; ap
peals to courts.

60 per cent o f wages for
360 weeks, $5 m inim um ,
$15 maximum: no benefi
ciaries or creditors. $100.

60 per cent of wages for
not over 400 weeks, $5
m inim um , $15 m axi
mum.

60 per cent of wage de
crease, $15 maximum,
for not over 300 weeks;
fixed rates for specified
injuries.

During first week.

Notice as soon as practi
cable; claim in 6 months.

Industrial accident
board; appeals to
courts.

$75 burial expenses; widow
or invalid widower, $20
monthly until death or
remarriage; $5 addi
tional for each child
under 14, total not to
exceed $35.
$150 funeral expenses; 66§
per cent of wages for 6
years; $1,500 minimum,
$3,750 maximum.

50 per cent of wages
un til death, $3 m ini
m um , $6 maximum.

50 per cent of wage de
crease, $4 minimum,
$8 m aximum, for 26
weeks; loss of arm, leg,
or eye, 156 weeks.

Not to exceed $150..

Claim in 6 months..

Public-service com
mission; lim ited
appeal to courts.

»6§ per cent of wages until
death, if permanently
disabled; $5 minimum,
$12 maximum.

66§ per cent of wage de
crease, $12 per week
m aximum; not over
$3,750 in all; fixed rates
for specified injuries.

N ot to exceed $200.

T o be fixed b y board..

Industrial commis
sion; lim ited ap
peal to courts.

$75
funeral
expenses;
widow
or
invalid
widower receives $20
m onthly until death or
remarriage; each child
under 16, $5 per month;
total not to exceed $35.5

$20 per month if single,
$25 if married; for each
child under 16 years, $5
per month, not over $35
in all.®

Proportionate; not over
$1,500.0

50 per cent of benefits
added for first 6 months
of total temporary disa
b ility; not more than 60
per cent of wages in all.

Claim in 1 year..

Industrial
insur
ance department;
appeal to courts.

Compensation, com
pulsory.

.do.

.d o .

.d o..

Railroads in interstate
commerce.

.d o .

Insurance, coopera
tive, elective.

AIL.

Insurance, elective
(State or in au
t h o r i z e d com
pany).

A ll (casual employees
excepted).

Insurance, elective
(compulsory as to
State and m unici
palities).

A ll employing 2 or more
persons.

O r e g o n . Ch. 112.
Approved Feb.
25, 1913.
In ef
fect July 1, 1913.

S t a t e insurance,
elective.

Hazardous (enumerated
list); others i f employ
ers elect.

T e x a s . Ch. 179.
A pproved Apr.
16, 1913.
In ef
fect Sept. 1,1913.

Insurance, elective
(State or author
ized com pany).

West Virginia. Ch.
10.
Approved
Feb. 22, 1913.
In effect Oct.
1, 1913.

State insurance, co
operative,
elec
tive.

Employers of more than
5 persons, except rail
ways, cotton gins,
and domestic and
agricultural l a b o r
(casual employees ex
cepted).
A ll except domestic and
agricultural labor (cas
ual employees ex
cepted).

O hio.
P . 524.
A pproved June
15, 1911. In ef
fect Jan. 1, 1912.
Amended Mar.
14, 1913. In ef
fect Jan. 1,1914.
Washington. Ch.
74.
Approved
Mar. 14,1911. In
effect Oct.
1,
1911.

S t a t e insurance,
compulsory.

.do.

Not permitted..

B y contract in
w r i t i n g with
employee.

Permitted if injury is due
to tho failure of the
employer to com ply
with safety laws.

B y contract in
writing w i t h
employer.

Assumed risks, fellow
service, and contribu
tory negligence, except
in domestic and farm
labor.3
Assumed risks and fellow
service;
contributor v
negligence except will
ful.3

...d o ...

Law is based on
contracts
with
casualty compa
nies. Employers
of not less than
1.500 persons may
maintain estab1.500 persons may
maintain estab
lishment funds.

Employer, not less
than 50 per cent
(plus cost
of
management in
case of estab
lishment funds);
remainder
on
lisnm entiunds);
remainder
on
employees.

Establishment funds must
be held as trust funds.

Not permitted after elec
tion of insurance sys
tem.

Employer must in
sure in author
ized com pany or
State association.

Em ployer...............

State control of Em ploy
ees’ Insurance Associa
tion.

More than 2 w eeks.. 50 per cent of wages for
300 weeks, $4 minimum,
$10 maximum; no de
pendents, $200.

Not permitted after em
ployer's election, unless
he is in default on pre
miums.

Forbidden............... .

Insurance is under State
control.

More than 2 weeks $125 burial expenses and
50 per cent of earnings
(payment
from
for 100 months, $20
date of injury if
minimum, $60 m axi
disability lasts 8
mum
, total not to ex
weeks or more).
ceed $5,000. No de
pendents, $125 medical
and burial expenses.
$100
burial
expenses;
A ny tim e.
widow or invalid wid
ower, $30 per month
until death or remar
riage; S6 additional for
each child under 16,
total not to exceed $50.

B y subscribing to
S t a t e associa
tion or insuring
in other com
pany.
Presumed in ab
sence of notice
posted in estab
lishment a n d
filed with comsion.

Presumed in ab
sence of written
notice, i f e m
ployer insures.

Presumed as to
e m p lo y er s
in
hazardous
employments in
absence of no
tice posted in
e s t a blishment
and filed with
com m ission;
other employers
file acceptance.
B y subscribing to
S t a t e associa
tion or insuring
in other c o m
pany and noti
fying employees.

Presumed in ab
sence of written
notice, if em
ployer elects.

Assumed risks and fellow
service;
contributory
negligence unless willful.

Permitted if injury was
due to employer's fail
ure to com ply with
safety laws or his inten
tion to injure, or em
ployer is in default on
insurance premiums.

N o option.

Assumed risks and fellow
service;
contributory
negligence to be meas
ured.

Not permitted against
employers accepting in
surance system except
for willful or gross neg
ligence causing death.

Remaining
in
service w i t h
notice of em
ployer’s e 1 e c tion.

Assumed risks, fellow serv
ice, contributory negli
gence, and negligence of
statutory employee.

Presumed in ab
sence of notice
to employer and
filed witn com
mission.

W aivers forbidden.

$100.

.d o..

A t least 1 week if so
provided in tho
contract.

E mployee one-half
of 1 per cent of
wages (not less
than 25 cts. per
m onth),
em
ployer 6 times
as much; State
subsidy.

.d o ..

N o waiver permit
ted;
insurance
with other com
panies must con
form to law.

Em ployer..

.d o..

N ot permitted after em
ployer’ s election, unless
he is in default on pre
miums.

N ot perm itted.

Employer, 90 per
cent; employees,
10 per cent.

.d o ..

A ll employing 5 or more
workmen; elective as
to others (casual em
ployees excepted).

Permitted if injury was
due to willful act of em
ployer, his failure to
com ply with safety law,
or if he is in default on
premiums.

A pproved schemes
or insurance per
m itted; must con
tribute to surplus
fund of State.

E m ployer..

.do..

.d o .

“ E x t r a h a z a r d o u s 99
(enumerated 1 i s t);
elective as to all
others.

Permitted in addition to
insurance benefits if in
i'ury resulted from de
liberate intention of
employer.

F orbidden.

.d o .

.d o..

B y paym ent of
premium a n d
posting notice.

More than 1 w e e k ...

“ Loss of earning
power shall exceed
5 per c e n t/’ <

1 If complete disability still continues then a compensation during life, equal annually to 8 per cent of the death benefit, not less than $10 per month.
2 Employers having fewer employees may elect, but lose no defenses if they do not.
3 These defenses are not abrogated where an employee sues an employer who has elected to use the compensation system.
< Construed b y department to exclude cases in which less than 5 per cent of a working month was lost.
*
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 injury was caused b y removal of safeguard b y injured
employee, or b y a fellow workman with his consent, 10 per cent is deducted.
e i f injury was caused b y removal of safeguard b y injured employee, or b y a fellow workman with his consent, 10 per cent is deducted.
30597°—B ull. 126—14.

(T o face page 48.)

___ __

lions' lor specified in
juries.

Parents,
widow,
widower,
and
children
in
cluded.

Included.

Only father and
mother included,
except
where
otherwise
pro
vided by treaty.

w o r k m e n 's

COMPENSATION LAWS— UNITED STATES.

ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

In order to facilitate the study and comparison of the compensation
laws of the various States, they are analyzed in the following pages
according to a uniform outline designed to show clearly the most
important features of the several plans. The outline followed here is
the one also used in another part of this Bulletin where under the title
“ Workmen’s compensation laws of foreign countries” the various
foreign laws as now existing are summarized.
ABIZONA.

Date of enactment. June 8,1912; in effect September 1,1912; amended May 13,1913,
in effect October 1,1913.
Injuries compensated. All accidental injuries causing disability of at least two weeks,
or death, arising out of and in the course of the employment, caused in whole, or in
part, or contributed to, by a necessary risk or danger of, or inherent in the nature of
the employment, or by failure of the employer or fib agents to exercise due care or to
comply with any law affecting the employment.
Industries covered. All especially dangerous employments, including the construc
tion, operation and maintenance of steam and street railroads, using or working near
explosives, building work using iron or steel frames or hoists, derricks, or ladders or
scaffolds 20 or more feet above ground; telegraph, telephone or other electrical work;
work in mines, quarries, tunnels, subways, etc.; all mills, shops, and factories using
power machinery. Industries declared especially dangerous are specified in law.
elective as to other industries.
Persons compensated. Private employment: All employees in industries covered.
Public employment: No provision.
Burden of payment. Entire cost rests upon the employer.
Compensationfor death.
(a) To persons wholly dependent, a lump sum equal to 2,400 times one-half the
daily wages or earnings of tne deceased employee, but not to exceed $4,000.
Payments to children cease on reaching the age of 18 years.
(b) If no dependents, the reasonable expenses of medical attendance and burial
of deceased employee.
Compensationfor d/
isab%tity.
(а) For total disability, 50 per cent of the employee’s semimonthly earnings
during the time he is unable to work at any gainful occupation.
(б) For partial disability, a semimonthly payment equal to one-half the wage
decrease.
(c) The total amount of payments for total or partial disability caused by a single
injury not to exceed $4,000.
Revision of benefits. Examinations as to the nature of injury and degree of incapacity,
etc., may be required by either party at intervals of not less than three months.
Insurance. The employer may insure provided the liability for compensation is not
less than the compensation fixed by law.
Security of payments. A judgment for compensation issued by a court is collectible
without relief from valuation or appraisement laws and has the same preferential
claim as is allowed by law for unpaid wages or personal services.
Settlement o f disputes. Disputes may be settled by (a) written agreement between
the parties, (5) arbitration, or (c) by reference to the attorney general of the State, in
case of failure or refusal to agree by any of the modes above provided, then by a
civil action at law.
30597#—BuH. 126—14----- 4

BULLETIN OF THE BUBEAU OF LABOR STATISTICS.

CALIFORNIA.

Date of enactment. April 8, 1911; in effect September 1, 1911; amended May 26,
1913, in effect January 1,1914.
Injuries compensated. injuries arising out of and in the course of employment caus
ing disability for more than two weeks, or death, and not the result of me intoxication
or willful misconduct of the injured employee.
Industries covered. All except agriculture and domestic service.
Persons compensated. Private employment: Every person in the service of an em
ployer for hire, including aliens, apprentices, and members of employer’s family who
perform labor, excepting casual laborers. Public employment: Persons employed
by the State and its political subdivisions, and all public corporations.
Burden of payment. Entire cost rests upon the employer.
Compensation in case of death.
(a) To persons wholly dependent, 3 times the annual earnings of the deceased
employee; not less than $1,000 nor more than $5,000, payable at least
monthly in installments equal to 65 per cent of the wages. Payments to
children cease on reaching the age of 18 years, unless mentally or physi
cally incapacitated for earning a living.
(b) If only partial dependents survive, su<3i proportion of the above as corre
sponds to the ratio between the earnings of the deceased and his contri
bution to their support.
(c) If no dependents; the reasonable expense of burial, not exceeding $100.
Compensationfor disability.
(a) Reasonable medical, surgical, and hospital treatment required during the
first 90 days after the injury.
(b) For temporary total disability 65 per cent of average weekly earnings during
such disability.
(c) For temporary partial disability 65 per cent of weekly loss of wages during
such disability.
(d) The aggregate amount of benefits for a single injury causing temporary dis
ability is limited to three times the annual earnings of the injured person,
with a maximum benefit period of 240 weeks.
(e) For permanent disability 65 per cent of average weekly earnings, for periods
varying from 40 to 240 weeks, according to the degree of disability. After
the expiration of 240 weeks, a further benefit varying from 10 to 40 per cent
of the weekly earnings is payable during the remainder of life, when the
degree of disability reaches or exceeds 70 per cent.
In case of permanent incapacity or death, a lump sum may be substituted for
benefits, such lump sum to equal the present value oi the benefits com
puted at 6 per cent.
Revision of benefits. Decisions and awards may be reviewed at any time during the
first 245 weeks, after legal notice received.
Insurance. A State insurance fund is created under State control for the purpose
of insuring employers against liability. Employers may effect insurance for liability
for accident with any insurance company. Municipalities are required to insure in
the State fund, unless the risk is refused.
Security of payments. A claim for injury or death of an employee or any award shall
have the same preference over other unsecured debts as is given by law to claims for
wages, but not so as to impair a lien of a previous award.
Settlement of disputes. Disputes are settled by the State industrial accident commis
sion, subject to a limited review by the courts.

W O R K M E N 'S COMPENSATION LAWS— UNITED STATES.

CONNECTICUT.

Date of enactment. May 29; 1913; in effect January 1? 1914.
Injuries compensated. All injuries arising out ol and m the course of employment,
disability of more than two weeks, or death, except when injury is caused by willful
and serious misconduct of the injured employee, or by his intoxication.
Industries covered. All industries, in absence of contrary election by employer.
Persons compensated. Private employment: All employees of employers accepting
the act, in absence of contrary election. Public employment: Employees ol the
State and any public corporation within the State using the services of another for pay.
Burden of payment. Entire cost rests upon the employer.
Compensationfor death.
(a) $100 for burial expenses.
(b) To persons wholly dependent, a weekly compensation equal to one-half the
earnings of the deceased employee.
(c) If only partial dependents survive, a weekly compensation, determined
according to the measure of dependence, not exceeding one-half the earn
ings of the deceased employee.
(d) If no dependents, the sum of $750 is to be paid to the State treasurer to meet
the lawful expenses of the compensation commissioners.
(e) Compensation shall in no case be more than $10 or less than $5 weekly, and shall
not continue longer than 312 weeks.
A widows or widower’s dependence ceases with remarriage, and a child’s
upon reaching 18 years of age, unless physically or mentally incapacitated.
Compensationfor disability.
(a) Medical and surgical aid and hospital service during the first 30 days.
(b) For total disability, a weekly compensation equal to one-half the employee’s
earnings, not more than $10 or less than $5 weekly, or for longer man 520
weeks.
(c) For partial disability, a weekly compensation equal to one-half the wage loss,
but not more than $10 per week, or for longer than 312 weeks. For speci
fied injuries causing permanent partial disability, one-half the average
weekly earnings for fixed periods, in lieu of all other payments.
Lump sum payments may be approved by the commissioner, provided they
equal the value of the compensations.
jRevision of benefits. Review may be had upon request of either party, whenever it
shall appear to the compensation commissioner that the incapacity or the measure of
dependence has changed.
insurance. Approved schemes may be substituted provided the benefits are equiva
lent to those provided by law. Insurance may be taken in approved stock or mutual
companies or associations.
Security of payments. Employer must furnish the insurance commissioner satisfac
tory proof of nis solvency ana financial ability to pay awards, file satisfactory se
curity with the insurance commissioner, or insure in approved stock or mutual com
panies or associations.
Settlement of disputes. Disputes are to be settled by the compensation commis
sioners. Appeals from findings and awards of any commissioner may be made to
the superior court of the county without cost to either party.

BULLETIN OF TH E BUREAU OF LABOR STATISTICS.

ILLINOIS.

Date of enactment. June 10,1911; in effect May 1, 1912; amended June 28, 1913, in
effect July 1,1913.
Injuries compensated. Accidental injuries arising out of and in the course of employ
ment causing permanent disfigurement, disability of over 6 working days, or death.
Industries covered. The building trades; construction, excavating and electrical
work: transportation; mining ana quarrying; work with or about explosives, molten
metals, injurious gases or vapors, or corrosive acids; and all enterprises in wnich the
law requires protective devices; provided the employer elects. Other employers may
elect, but forfeit no defenses if‘they do not. Cumpulsory as to State and its munici
palities.
Persons compensated. Private employment: All employees. Public employment:
All persons employed by the State, county, municipality, etc., except officials.
Burden of payment. Entire cost rests on the employer.
(a) To persons wholly dependent or to lineal heirs to whose support the employee
had contributed within 4 years, a sum equal to 4 years’ earnings, not less
than $1,500 nor more than $3,500.
(b) If only dependent collateral heirs survive, such a percentage of the above sum
as the support rendered during the past two years was of the earnings of the
deceased.
(c) If no dependents^ a burial benefit not exceeding $150.
Compensationfor disability.
(a) Medical and surgical aid for not over 8 weeks, not over $200 in value.
(b) For total disability, beginning with eighth day, a weekly sum equal to onehalf the employee’s earnings, $5 minimum, $12 maximum, during dis
ability or until payments equal a death benefit; thereafter, if the disability
is permanent, a sum annually equal to 8 per cent of a death benefit, but
not less than $10 per month.
(c) For permanent partial disability, one-half the loss of earning capacity, not
less than $5 nor more than $12 a week.
(d) For certain specific injuries (mutilations, etc.), an additional benefit of 50 per
cent of weekly wages for fixed periods.
(e) For serious and permanent disfigurement, not causing incapacity, and not
otherwise compensated, a sum not exceeding one-fourth the death benefits.
No payments are to extend beyond 8 years except in case of permanent total inca
pacity.
Lump sum payments for either death or disability may be substituted for periodic
payments by the industrial board.
Revision o f benefits. Medical examinations may be had not oftener than every
four weeks. The industrial board may, on request, review installment payments,
within eighteen months after the award or agreement thereon.
Insurance. The employer may insure or maintain a benefit system, but may not
reduce his liability under the act.
Security ofpayments. In case of insolvency, awards constitute liens upon all property
of the employer within the county, paramount to all other claims, except wages, taxes,
mortgages, or trust deeds.
Employers must furnish proof of ability to pay, or give security, insure, or make
other provision for security of payment. The nghts of an insolvent employer to
insurance indemnities are subrogated to injured employees.
Settlement o f disputes. Disputes are determined by the industrial board through an
arbitration committee, subject to review by the board. Questions of law may be re
viewed by the supreme court.

w o r k m e n 's

COMPENSATION LAWS— UNITED STATES.

IOWA.

Date of enactment. April 18, 1913; in effect (a) establishing industrial commission
and providing for insurance of employees July 4, 1913; (6) compensation features,
July 1,1914.
Injuries compensated. All personal injuries arising out of and in the course of the
employment causing disability of more than two weeks, or death; except when
causea by the injured employee’s willful intention to injure himself or another, or
by the intoxication of the employee.
Industries covered. All industries except agriculture, in absence of contrary elec
tion by employer. Compulsory as to State and its municipalities.
Persons compensated. Private employment: All employees in industries covered in
absence of contrary election, except clerks not subjected to the hazards of the indus
try and casual employees. Public employment: All employees of the State and
its subdivisions.
Burden of payment. Entire burden is on employer.
Compensationfor death.
(a) Reasonable expenses of the employee’s last sickness and burial, not to
exceed $100.
(b) To persons wholly dependent, a weekly payment equal to 50 per cent of the
wages of the deceased employee, but not more wan $10 nor less than $5
per week, for 300 weeks.
(c) If only partial dependents survive, such a proportion of the above as the
amounts contributed by the employee to sucn partial dependents bear to
his annual earnings.
(d) If the employee was a minor whose earnings were received by the parent,
a sum to tne parent equal to two-thirds of the amount provided for per
sons wholly dependent.
Compensationfor disability.
(а) Reasonable surgical, medical, and hospital services and supplies for first two
weeks, not exceeding $100.
(б) For total temporary disability, 50 per cent of wages, not more than $10 nor
less than $5, (unless wages are less than $5, then rail wages), for not more
than 300 weeks.
(c) For total permanent disability, the same compensation as for temporary dis
ability, to be paid for a period of not more than 400 weeks.
(d) For partial permanent disability, (specified maimings) 50 per cent of average
weekly wages for fixed periods.
Lump sum payments may be substituted on approval of the court.
Revision o f benefits. Payments may be reviewed by the industrial commissioner
at the request of either party. #
Insurance. Employers may insure in approved companies or mutual associations,
or contract with employees to maintain approved scheme in lieu of the compensation
provided by law, provided there is no diminution of benefits.
Security of payments. Employers must insure in approved companies or mutual
associations, or furnish satisfactory proof of financial ability to make payments, or
deposit security with the State insurance department. In case of insolvency of the
insurer, a claim for compensation becomes a first lien, and in case of legal incapacity
of insured to receive the amount due the insurer must settle directly with the bene
ficiary.
Settlement of disputes. Disputes may be settled by arbitration.

BULLETIN OF TH E BUREAU OF LABOR STATISTICS.

KANSAS.

Date of enactment. March 14, 1911; in effect January 1, 1912; amended March 10,
1913.
Injuries compensated. Injuries by accident arising out of and in the course of employ
ment not due to intoxication or deliberate intention of injured employee, or caused by
his willful failure to use safeguards provided by statute or furnished by employer,
causing incapacity to earn full wages for at least two weeks, or death.
Industries covered. Railways, factories, quarries, electrical, building or engineering
work, laundries, natural gas plants, county and municipal work, employments requir
ing the use of dangerous, explosive or inflammable materials, if employing 5 or more
persons; and mines without reference to the number of employees, m absence of con
trary election; employers of less than 5 persons may also elect.
Persons compensated. Private employment: All employees, including apprentices,
but excluding casual employees. Public employment: Workmen on county and
municipal work.
Buraen of 'payment. Entire cost rests upon the employer.
Compensationfor death.
(a) To persons wholly dependent, a sum equal to 3 years’ earnings of the deceased
employee, not less than $1,200 nor more than $3,600. For nonresident alien
beneficiaries (except in Canada) the maximum is $750.
(b) If only partial dependents survive, a sum proportionate to the injury to such
dependents.
(c) If no dependents are left, a reasonable expense for medical attendance and
burial not exceeding $100.
Compensation ceases upon the marriage of any dependent, or when a minor,
not physically or mentally incapable of wage earning, shall become 18 years
of age.
Compensationfor disability.
(а) For total incapacity, payments during incapacity after the second week, equal
to 50 per cent of earnings, but not less than $6 nor more than $15 per week.
(б) For partial incapacity, payments during incapacity? after the second week,
not less than 25 nor more than 50 per cent of earnings, not less than $3 nor
more than $12 per week, except in case of minors earning less than $10 per
week, in which case the compensation shall not be less than 75 per cent
of the earnings.
No payments for total or partial disability shall extend over more than 8 years.
After six months, lump sum payments may be substituted, as agreed upon
or determined by the court.
Revision of benefits. Any award may be modified at any time by agreement. After
one year either party may demand a revision. Employees must submit to medical
examination at reasonable periods to determine their physical condition.
Insurance. The employer may insure in any approved insurance scheme which pro
vides compensation not less favorable than is provided in this act.
Security of payments. Lump sums awarded by the court, may be secured by order of
the court by a good and sufficient bond when there is doubt of security of payment.
If the employer was insured, the insurer shall be subrogated to the rights and duties
of the employer.
Settlement of disputes. Disputes not settled by agreement may be referred to arbitra
tors, subject to an appeal to courts.

w o r k m e n 's

COMPENSATION LAWS— UNITED STATES.

MARYLAND.

Date of enactment. April 15,1912; in effect same date.
Injuries compensated. Injuries by accident arising out of and in the course of em
ployment resulting in death or disability, not caused by the injured employee’s intoxi
cation, or willful intention to produce such injury. Contract may provide that injury
must incapacitate employee from earning full wages for at least one week.
Industries covered. All industries, on agreement between employers and employees.
Persons compensated. Private employment: AU employees who agree to accept this
law. Public employment: No provision.
Burden of payment. Not less than fifty per cent, plus cost of management in case of
establishment rands, on employer; remainder on employee.
Compensationfor death.
(a) To persons wholly dependent, a sum equal to 3 years’ earnings of the deceased
employee, but not less than $1,000.
(b) If only partial dependents survive, a sum equal to that provided for total
dependence, less six times the average annual earnings of the beneficiary.
(c) If no dependents, reasonable expenses of medical attendance and in addition
burial expenses not less than $75 nor more than $100.
(d) Payments under (a) and (b) may be made in lump sum or in weekly payments,
according to the contract of insurance.
Compensationfor disability.
(а) In case of total disability, a weekly payment of not less than 50 per cent of
the average weekly wages during the previous 12 months, to be paid during
the period of disability. If not employed 12 months, then a weekly benefit
during such shorter period as he may have been employed by the employer
liable for payments.
(б) In case of partial disability, weekly payments equal to the difference between
amount paid for total disability and the amount employee is able to earn
after injury: fixed rates for loss of hand, foot, or eye.
Revision o f benefits. No provision.
Insurance. Insurance may be effected in approved companies, or employers employ
ing not less than 1,500 employees may establish an insurance fund from sums con
tributed by themselves and employees.
Security o f payments. Establishment funds must be held as trust funds and not
otherwise invested.
Settlement of disputes. Disputes are settled by arbitration, if so provided in contract.

BULLETIN OF THE BUBEAU OF LABOB STATISTICS.

MASSACHUSETTS.

Date of enactment. July 28, 1911; in effect July 1, 1912; amended May 10, 1912;
February 4,1913; April 7,1913; April 28,1913; and May 22,1913.
Injuries compensated. Injuries arising out of and in the course of employment causing
incapacity for two weeks, or death, unless the injury is due to the serious and willful
misconduct of the injured employee.
Industries covered. All industries if the employer so elects.
Persons compensated. Private employment: All employees, except masters of ves
sels and seamen engaged in interstate or foreign commerce and casual employees.
Public employment: The State shall and any county, city, town or district having
power of taxation may compensate laborers, workmen and mechanics. The question
shall be submitted to the voters each year, except as to the State.
Burden of payment. Entire cost rests upon the employer.
Compensationfor death.
(а) To persons wholly dependent, a weekly payment equal to one-half the average
weekly wages of the deceased employee, but not less than $4 nor more
than $10, for a period of 300 weeks.
(б) If only partial dependents survive, a sum proportionate to. the portion of
earnings contributed to their support by the deceased employee.
(c) If no dependents, the reasonable expense of last sickness and burial, not to
exceed $200.
Compensationfor disability.
(а) Reasonable medical and hospital services, and medicines as needed, for the
first two weeks after injury.
(б) For total disability, a sum equal to one-half the average weekly wages, but
not less than $4 or more than $10 per week, not exceeding 500 weeks, nor
$3,000 in amount.
(c) For partial disability, one-half the wage loss, but not to exceed $10 per week,
and for not longer than 300 weeks.
(d) In specified injuries (mutilations, etc.) a sum not exceeding $10.nor less than
$4 per week for fixed periods, in addition to other compensation.
A lump sum payment may be substituted after payments for injury or death
have been made for not less than six months.
Revision of benefits. Either party may demand a revision of payment at any time.
Employees must submit to medical examination to determine their physical condition
when requested by the employer.
Insurance. Employer must become a subscriber of the State Employees’ Insurance
Association or insure in some authorized liability insurance company.
Security of payments. The State controls the State Employees’ Insurance Associa
tion, and other companies must be authorized by the State to do business.
Settlement of dispute. On request of either party, the industrial accident board calls
for a committee of arbitration, whose decision is subject to review by the industrial
accident board.

w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES.

MICHIGAN.

Bate o f enactment. March 20,1912; in effect September 1,1912: amended April 10,
1913; April 16,1913; May 2,1913; and May 7,1913.
Injuries compensated. Injuries causing incapacity to earn full wages for a period of
two weeks, or death, arising out of and in the course of employment, unless such
injuries resulted from intentional and willful misconduct of the injured person.
Industries covered. Compulsory as to the State and its municipalities, and each
incorporated public board and commission authorized to hold property and to sue
and be sued. All industries haying one or more persons in service under contract of
hire if the employer elects.
Persons compensated. Private employment: All employees, including aliens and
minors, except casual employees. #Public employment: All employees except offi
cials of the State or of a municipality.
Burden o f payment. Entire cost rests upon the employer.
Compensationfor death.
(a) To persons wholly dependent, a.weekly payment equal to one-half the deceased
workman’s earnings, but not less than $4 nor more than $10 per week for a
period of 300 weeks.
(6) If only partial dependents survive, such proportion of the above as the amount
of previous contributions bears to sucn earninge.
(c) If no dependents, the reasonable expense of the last sickness and burial, not
exceeding $200.
Compensationfor disability.
Reasonable medical and hospital services for the first 3 weeks.
(b) For total incapacity, a weekly payment equal to one-half the earnings, but
not less than $4 nor more than $10 per week, nor for a period longer than
500 weeks from the date of the injury, and not exceeding $4,000.
(c) For partial incapacity, a weekly payment equal to one-half the wage loss, but
not more than $10 per week, ana for not longer than 300 weeks.
(d) For certain specified injuries (mutilations, etc.), 50 per cent of average weekly
earnings for fixed periods.
(e) Payments begin with the fifteenth day after the injury, but if the disability
continues for 8 weeks or longer compensation is computed from the date
of injury.
After six months lump sums may be substituted for weekly payments.
Revision o f Benefits. Weekly payments may be reviewed by the industrial accident
board at the request of either party. An injured employee must submit to medical
examination when requested.
Insurance. Employer must furnish groof of financial ability to pay the required
compensation, or insure in an authorized employers’ liability company, or in an
employers’ insurance association organized under State laws, or become a member
of a State insurance fund administered by the State commissioner of insurance.
Security o f payments. In case of insolvency, claims constitute a first lien upon all
property of the employer. Employers must furnish proof of financial ability to pay
compensation, or insure in approved companies or with the State.
Settlement o f disputes. Either party may reguest the industrial accident board to
appoint a committee of arbitration whose decisions are subject to review by the board.
Tne supreme court may review questions of law.

BULLETIN OP THE BUREAU OP LABOR STATISTICS.

MINNESOTA.

Date o f enactment. April 24,1913; in effect October 1,1913.
Injuries compensated. Injury by accident arising out of and in the course of employ
ment causing disability for more than two weeks, or death, unless intentionally caused,
or due to the intoxication of the injured person.
Industries covered. All excepting interstate or foreign commerce and farm and
domestic service, in the absence oi contrary election by employers.
Persons compensated. Private employment: All employees, including aliens and
minors, in the absence of contrary election, casual employees excepted. Public
employment: All persons in the service of a county, city, town, village or school dis
trict, excluding public officials elected or appointed for regular terms.
jBurden o f payment. Cost rests upon the employer.
Compensationfor death.
(a) To a widow alone. 35 per cent of monthly wages of deceased, increasing to
60 per cent if four or more children; to a dependent husband alone, 25
per cent; to a dependent orphan 40 per cent, with 10 per cent additional
for each orphan in excess of two, with a maximum of 60 per cent; to the
dependent parent or parents, if no dependent widow, widower or children,
25 per cent if one parent and 35 per cent if both survive; if none of the
foregoing, but a brother, sister, or grandparent is wholly dependent if
but one such relative, 25 per cent, or if more than one, 30 per cent, divided
equally.
(b) If only partial dependents survive, that proportion of benefits provided for
actual dependents which contributions oore to wages earned.
(c) When no dependents are left, expense of last sickness and burial not exceeding
$100, in addition to medical and hospital services provided in case of
disability.
Payments cease when a minor child reaches the age of 18, unless physically or
mentally incapacitated from earning, and upon the death or marriage of
other dependents unless otherwise specified.
Compensationfor disability.
(a) Reasonable medical and surgical treatment, not exceeding 90 days, nor
$200 in value.
(b) For total disability, 50 per cent of wages.
ic) For temporary partial disability, 50 per cent of the wage loss.
(a) For specified permanent partial disability (mutilations, etc.), 50 per cent
of the earnings for fixed periods.
Payment for death or disability may not be less than $6 nor more than $10
per week, unless the wages were less than $6 when the amount of wages
is paid. Payments may not extend beyond 300 weeks except for perma
nent total disability, when the maximum is 400 weeks.
Lump sums may be substituted for periodical payments, but in car# of
compensation for death, permanent total disability, or certain mannings,
the consent of the court must be obtained.
Revision o f benefits. After six months from the date of an award either party may
apply to the court for revision. The employee must submit to medical examination
when requested.
Insurance. Employers may insure in any authorized company, stock or mutual,
or maintain cooperative schemes, assuming other and greater risks, and other classes
of industrial insurance.
Security o f payments. Insured workmen have an equitable lien upon any policy
becoming due, and in case of the employer’s incapacity the insurer shall make pay
ment directly to them. Claims to compensation have the same preference against
the assets of the employer as unpaid wages.
Settlement o f disputes. Either party may submit a claim to the judge of the district
court, who shall determine sucn dispute in a summary manner, subject to review
by the supreme court as to questions of law.

w o r k m e n ’s

COMPENSATION LAWS— UNITED STATES.

NEBRASKA..

Date o f enactment. April 21,1913; in effect July 17,1913.
Injuries compensated. Injury causing disability for more than fourteen days, or
death, caused by accident arising out of and in the course of employment, except
accident caused by or resulting in any degree from willful negligence or intoxication.
Industries covered. All industries where 5 or more persons are employed by the
employer in the regular trade, business or occupation of the employer, except do
mestic service, agriculture, and interstate or foreign commerce, in the absence of
contrary election. Exempt employers may make an affirmative election.
Persons compensated. Private employment: All employees, including aliens and
minors, but excluding casual employees, and home workers. Public employment:
AH persons employed by the State, or any government agency created by the State,
not having been elected or appointed for a regular term.
Burden o f payment. The entire cost rests upon the employer.
Compensationfor death.
(а) In addition to any other benefits, a reasonable amount not exceeding $100 to
cover expenses of last sickness and burial.
(б) To persons wholly dependent, 50 per cent of the employee’s wages, but not
less than $5 nor more than $10 per week, during dependency, but not
exceeding 350 weeks; if the wages of the deceased were less than $5 per
week, then full wages are to be paid as compensation.
(c) If only partial dependents survive, a proportion of the above corresponding
to the relation the contribution of the deceased to their support bore to his
wages.
Compensation to children ceases when they reach the age of 16 years, unless
they are physically or mentally incapacitated from earning.
Compensationfor disability.
(a) Medical and hospital services during the first 21 days, not exceeding $200 in
value.
(b) For total disability, one-half of the weekly wages, but not less than $5 or more
than $10 per week for 300 weeks; thereafter while disability lasts 40 per
cent of such wages, but not less than $4 or more than $8 per week: Provided, however, If weekly wages are less than the minimum, compensation to
amount of full wages is to be paid.
(c) For partial disability, 50 per cent of loss of earning capacity, but not exceeding
$10 per week nor exceeding 300 weeks.
(d) For certain specified injuries (mutilations, etc.), 50 per cent of wages for fixed
periods with the same limits as to amounts as above.

Payments begin with the twenty-second day, but if disability continues 8
weeks or longer, compensation is computed from the date of injury.
Lump sums may be substituted for periodic payments, but if for death or
permanent disability, the approval of the court must be obtained.
Revision of benefits. Benefits running for a period of six months or longer may be
revised at any time by agreement of the parties or after six months by application
to a court.
Insurance. An employer may insure his liability for compensation in auy authorized
stock or mutual insurance company.
Security of payments. In case of the insolvency of an insured employer, claimants
are subrogated to the rights as against the company which the employer would have
had if he had paid the claim.
Compensation rights and awards have the same preference against the assets of the
employer as unpaid wages for labor.
Settlement of disputes. Questions may be submitted to arbitration by mutual consent,
or either party may submit a claim to the district court of county to be heard and
determined as a cause in equity, with the right of append to the supreme court.

BULLETIN OF TH E BUREAU OF LABOR STATISTICS.

NEVADA.

Date of enactment. March 15,1913; in effect July 1,1913.
Injuries compensated. Injuries arising out of and in the usual course of employment,
causing incapacity to earn full wages for a period of two weeks, or death, except when
caused by the employee’s willful intention to injure himself or another, or if the injury
is sustained while intoxicated.
Industries covered. All in which two or more persons are employed, except domestic
and farm labor, in the absence of contrary election; compulsory as to the State and
its municipalities regardless of the number of employees.
Persons compensated. Private employment: All employees in the industries covered.
Public employment: All employees.
Burden of payment. The entire cost rests upon the employer.
Compensationfor death.
(a) To the dependents or beneficiaries of the deceased employee, a sum equal to
50 per cent of his average monthly earnings, but not less than $20 nor more
than $60 per month for a period of 100 months, in no case exceeding $5,000,
and in addition the burial expenses, not exceeding $125.
(b) If no dependents are left, expenses of the last sickness and burial of the de
ceased employee, not to exceed $125.
Compensationfor disability.
(а) For total disability, an amount equal to 50 per cent of the average monthly
wages, but not less than $20 nor more than $60 per month for 100 months,
the total amount not to exceed $5,000.
(б) For partial disability, one-half the loss of earning capacity, but not more than
$40 per month for a period not to exceed 60 months.
(c) For certain specific injuries (mutilations, etc.) subject to a minimum of $20
and a maximum of $60 per month, a monthly payment equal to 50 per cent
of average monthly wages, for fixed periods.
No compensation is payable for the first 2 weeks of disability, but if the disa
bility continues 8 weeks or longer compensation is paid from the date of
the injury.
The industrial commission may permit substitution of lump sum payments
for monthly payments, but no such payment shall exceed $5,000.
Revision of benefits. Rearrangement of compensation may be made by the industrial
commission when application is made therefor.
Insurance. Employers coming under this act must insure in the State insurance
fund.
Security of payments. State management of the insurance fund and collection of
premiums by the State.
Settlement of disputes. All matters relating to the amount of compensation to be paid
are determined by the industrial commission.

w o r k m e n 's

COMPENSATION LAWS— UNITED STATES.

NEW HAMPSHIRE.

Date of enactment. April 15,1911; in effect January 1,1912.
Injuries compensated. Any injury to an employee arising out of and in the course
of employment causing disability of over two weeks, or death, unless due to willful
misconduct, intoxication, or violation of law.
Industries covered. Industries dangerous to life or limb, including the operation and
maintenance of steam and electric railroads, work in shops, mills, factories, etc., em
ploying 5 or more persons; work about lines or cables charged with electricity; oper
ations dangerously near explosives used in the industry, or to a steam boiler owned
and operated by the employer; and work in or about any quarry, mine or foundry;
provided the employer elects.
Persons compensated. Private employment: All workmen engaged in any of the em
ployments covered by this law. Public employment: Government employees are
not mentioned.
Burden of payment. Entire cost rests upon the employer.
Compensationfor death.
(a) To persons wholly dependent, a sum equal to 150 times the average weekly
earnings of the deceased, not to exceed $3,000.
(b) If only partial dependents survive, such proportion of the above compensation
as corresponds to the'portion of wages contributed to their support.
(c) If no dependents are left, expenses of medical care and burial to a reasonable
amount, not in excess of $100.
Compensationfor disability.
(а) For tom disability, a sum be&nnin^ with the fifteenth day, not exceeding
50 per cent of average weekly earnings.
(б) For partial disability, a sum not in excess of 50 per cent of the loss of earning
capacity.
In no case is compensation to exceed $10 a week nor run for a longer period
than 300 weeks.
The court may determine the amount of lump sums payable as a substitute
for weekly payments.
Revision of benefits. The injured person, when requested by the employer, must
submit to medical examination not oftener than once a week.
Insurance. No provision.
Security o f payments. The employer must satisfy the commissioner of labor of his
ability to pay the required compensation or file a bond conditioned on the discharge
of all liability incurred under this act.
Weekly payments have the same preferential claim against the assets of the employer
as is allowed for unpaid wages or personal services.
Settlement of disputes. AQ questions not settled by agreement are determined by
an action in equity.

BULLETIN OF TH E BUREAU OP LABOR STATISTICS.

NEW JERSEY.

Date of enactment. April 4, 1911; in effect July 1, 1911; amended May 2, 1911,
April 1,1912, and March 27,1913.
Injuries compensated. Injury by accident arising out of and in the course of employ
ment causing disability of over two weeks, or death, unless intentionally self-inflicted
or due to intoxication.
Industries covered. All employments in the absence of contrary election.
Persons compensated. Private employment: All employees except casual. Non
resident aliens receive no benefits. Public employment: Every employee of the
State, county, municipality, board or commission, or other governing body, includ
ing boards of education, except persons receiving a salary greater than $1,200 per year,
and those holding an elective office.
Burden o f payment. The entire cost rests upon the employer.
Compensationfor death.
(a) To one dependent, 35 per cent of the wages of the deceased person, and for
each additional dependent 5 per cent additional, the total not to exceed
60 per cent, payable for not more than 300 weeks. Compensation not to
be less than $5 nor more than $10 per week, unless the earnings were less
than $5, when full wages are paid.
(b) If no dependents, the expense of the last sickness and of burial, not exceed
ing $100.
Payments to widows cease on remarriage, and to orphans on reaching the age
of 18, unless physically or mentally deficient.
A lump sum payment may be substituted at the discretion of the court of
common pleas.
Compensationfor disability.
(а) Reasonable medical and hospital services for the first two weeks of incapacity,
not exceeding $50 in value.
(б) For temporary total disability 50 per cent of wages, payable during disability
but not beyond 300 weeks.
(c) For permanent total disability, 50 per cent of wages during such disability,
not beyond 400 weeks.
(d) For certain specific injuries (mutilations, etc.) producing partial but per
manent disabilities, 50 per cent of wages during fixed periods.
All weekly payments are subject to the same rule as to minimum and maxi
mum, as for death benefits.
A lump sum payment may be substituted at the discretion of the court of
common pleas.
Revision of benefits. At any time after one year after an award has been made,
either party may demand a revision of benefits.
Insurance. No provision.
Security o f payments. The right of compensation has the same preference against
the assets of tne employer as are now or may hereafter be allowed by law for a claim
for unpaid wages.
Settlement o f disputes. Either party may submit a claim to the judge of the court of
common pleas who shall hear and determine such disputes in a summary manner,
subject to review of questions of law by the supreme court.

w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES.

NEW YORK.
[Elective law.)

Date o f enactment. May 24,1910; in effect September 1,1910.
Injuries compensated. All injuries causing disability to earn full wages for a period
of at least two weeks, or death, provided the injury was not the result of serious and
willful misconduct of the injured person.
Industries covered. Any industry except railroads if the employer elects.
Persons compensated. .Private employment: Any employee. Public employment:
Government employees are not mentioned.
Burden o f payment. Entire cost rests upon the employer.
Compensationfor death.
(a) To persons wholly dependent, a sum equal to 1,200 times the daily earnings
of the employee, but not exceeding $3,000.
(b) If only partial dependents survive, such sum not exceeding that provided
for persons wholly dependent, as may be determined to be reasonable and
proportionate to the loss to such dependents.
(c) If no dependents, the reasonable expenses of medical attendance and burial
not exceeding $100.
Compensationfor disability.
(a) For total disability, a weekly payment beginning with the fifteenth day
after injury, ana continuing during incapacity, not exceeding 50 per cent
of earnings. In no case is such compensation to exceed $10 per week or
extend beyond eight years from the date of accident.
(b) In case of partial incapacity the weekly payment shall equal but not exceed
one-halfthe loss of earning capacity.
In fixing the amount of compensation regard is to be had to any payment or
other benefit the injured person may have received from nis employer
during the period of incapacity.
Revision o f benefits. The employer may require the injured person to submit to a
medical examination after three weeks following the injury at intervals not oftener
than once in six weeks.
Insurance. No provision.
Security o f payments. Weekly payments under this law have the same preferential
claim against the assets of the employer as are now allowed by law for unpaid wages
or personal services.
Settlement of disputes. Disputes are determined by arbitration as provided by civil
procedure, or by an action at law in any court having jurisdiction in cases on written
contracts.

BULLETIN OF TH E BUREAU OF LABOR STATISTICS,

NEW YORK.
[Compulsory law.]

Date of enactment. December 16,1913; in effect July 1,1914.
Injuries compensated. Accidental injuries arising out of and in course of employment, and disease or infection naturally and unavoidably resulting therefrom, causing
disability for more than two weeks, or death, unless caused by the willful intention
of the injured employee to bring about the injury or death of himself or another, or by
his intoxication while on duty.
Industries covered. “ Hazardous employments,’ 9 including construction, mainte
nance, and operation of steam and street railroads; telegraph, telephone, and other
electrical construction, installation, or operation; foundnes; machine shops, and
power plants; stone cutting or dressing; manufactures, tanneries, laundries, printing,
and bookbinding; shipbuilding and repair, and the use of vessels in intrastate com
merce; work in mines, quarries, tunnels, subways, shaft sinking, etc.: engineering
work, and the construction, repair, and demolition of buildings and bridges; lumber
ing, draying, loading, and unloading.
Persons compensated. Private employment: All employees in industries covered,
form laborers and domestic servants not included. Public employment: Not included.
Burden of payment. Entire cost rests on employer.
Compensation in case of death.
(a) $100 for funeral expenses.
(b) To a widow or dependent widower alone, 30 per cent of wages of deceased, 10
per cent additional for each child under 18; dependent orphans under 18
receive 15 per cent each, and dependent parents, brothers, or sisters receive
15 per cent each; aggregate payments in no case to exceed 66$ per cent.
(c) Payments to widow or widower cease on death or remarriage or when depend
ence of widower ceases, with two years’ compensation on remarriage;
payments to children, brothers, and sisters cease at 18, and to parents when
dependence ceases.
In computing the above benefits no wages in excess of $100 monthly are considered.
Compensationfor disability.
(a) Medical and surgical treatment and hospital services for 60 days, costs to be
approved by tne commission.
For total disability, 66} per cent of wages during continuance.
For partial disability, 66$ per cent of wage loss; for specified permanent partial
disabilities (mutilations, etc.), 66| per cent of wages for fixed periods.
The foregoing payments may not be less than $5 nor more than $15 per week,
except for certain maimings the maximum may be $20.
Revision of benefits. Awards may be reviewed at any time, and ended or increased
or decreased within the limits fixed.
Insurance. Employer must give proof of financial ability to make payments (de
posit of securities may be required), or must insure in State fund or mutual or stock
company.
Secunty of payments. Insurance may be made to inure directly to the benefit of
claimants; insolvency of employer does not release insurance company. Payments
have same preference as unpaid wages for labor.
. Settlement of disputes. Disputes are settled by the State workmen’s compensation
commission, with appeals to courts.

w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES.

OHIO.

Date of enactment. June 15, 1911; in effect January 1, 1912; amended March 14,

1913Injuries compensated. All injuries not self-inflicted received in the course of em

ployment causing disability beyond one week, or death.
Industries covered. All industries employing 5 or more persons regularly in the same
business; also establishments with less than 5 workmen if the employer elects to pay
the premiums provided by this act.
Persons compensated. rrivate employment: All employees excluding casual
workers, but including aliens and minors lawfully employed. Public employment:
Persons in the service of the State, or its political subdivisions, excepting the officials
of the State or municipal governments, and policemen and firemen in cities where
pension funds are established and maintained by municipal authority.
Burden o f;payment. Entire cost rests upon the employer.
Compensationfor death.
(a) Burial expenses not to exceed $150.
(b) To persons wholly dependent, 66J per cent of the average weekly earnings
of the deceased workman for six years after the date of the injury, not less
than $1,500 nor more than $3,750.
(c) If only partial dependents survive, a proportionate sum to continue for all or
such portion of the period of six years as the State liability board may
determine in each case, not exceeding a maximum of $3,750.
(d) If no dependents, medical and hospital services not exceeding $200 in value,
and burial expenses as above.
Compensationfor disability.
(a) Medical, hospital, etc., services, not to exceed $200.
(b) For total temporary disability, a weekly payment of 66f per cent of average
weekly wages, during disability, not less than $5 nor more than $12 per
week, but not for longer than six years, nor exceeding $3,750.
(c) For total permanent disability, a weekly payment as above continuing until
death.
(d) For partial disability, 66§ per cent of loss of earning capacity during the con
tinuance thereof, but not exceeding $12 per week or a total of $3,750.
(e) In certain specified injuries (mutilations, etc.), compensation of 66$ per cent
of wages for fixed periods, with the same maximum and minimum limita
tions noted above.
In all cases if wages are less than prescribed minimum, then total wages are
paid as compensation; an expected increase in wages may be given con
sideration.
Revision of benefits. The State liability board may from time to time make such
modification or change in its former findings of fact as it deems necessary.
Insurance. The law creates a State insurance fund, under control of a State liability
board. Other schemes are permitted, provided benefits equal to those provided by
the State insurance fund are guaranteed employees at the employer’s cost.
Security of payments. Insurance is under State control. Claims for compensation
under this few have the same preference against the assets of the employer as are or
may be allowed by law on judgments rendered for claims for taxes.
Settlement of disputes. The board hears and determines all cases within its juris
diction, limited right of appeal to the civil courts being reserved to the claimant.
30597°—Bull. 126—14----- 5

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

OREGON.

Date of enactment. February 25, 1913: in effect 90 days after adjournment of the
legislature. (July 1,1913.)
Injuries compensated. Injuries by accident arising out of and in the course of employ
ment, except those brought about intentionally.
Industries covered. All Hazardous occupations, including factories, mills, and work
shops employing machinery; mines, quarries, wharves and docks, dredges, engineering
works: building trades; telegraph, telephone, electric light and power plants or lines,
steamboats, tugs and ferries; all in absence of contrary election. Other employers
may accept the law by affirmative election.
Persons compensated. Private employment: Any workman employed as above in
absence of contrary election. Nonresident alien beneficiaries other than parent,
spouse or child are not included unless otherwise provided by treaty, rublic
employment: Not included.
Burden of payment. The employer deducts five-tenths of one per cent of employee’s
monthly earnings, not less, however, than 25 cents per month, and himself contributes
six times this amount. Tne State gives a subsidy.
Compensationfor death.
(aj Burial expenses not to exceed $100.
(b) To widow or invalid widower, a monthly payment of $30, and to each child
under 16 (daughters 18), $6 a month, the total monthly not to exceed $50.
(c) To orphans under 16 years of age (daughters 18), a monthly payment of $15
each; the total not to exceed $50.
(d) To other dependents, there being none of the foregoing, a monthly payment
to each of 50 per cent of the average support received during the preceding
year, but not to exceed $30 a month in all.
(e) To parents of an unmarried minor, a monthly payment of $25, until such time
as he would have been 21, after which time compensation shall be paid
according to (d) above.
Payments to widow or widower continue until death or remarriage. On
remarriage of widow she receives a lump sum of $300. Payments to a male
child cease at 16 and to a female at 18, unless the child is an invalid.
Compensationfor disability.
(а) Transportation, medical, surgical, and hospital expenses not exceeding $250
in value.
(б) For permanent total disability, monthly payments asfollows: (1) If unmarried
at the time of the injury, $30; (2) if with wife or invalid husband, but no
child under 16 years, $35; if u e husband is not an invalid, the sum is $30;
(3) if married or a widow or widower with a child or children under 16 years,
$6 additional to the provision under (2) above, for each child until 16
years of age; the total monthly payments not to exceed $50.
(c) For temporary total disability, tne above payments apply during disability,
increased 50 per cent for first 6 months, but in no case to exceed 60 per
cent of monthly wages.
(d) For partial, temporary disability, a proportionate amount, corresponding to
loss of earning power for not exceeding 2 years.
(e) For certain specified injuries (mutilations, etc.), monthly payment of $25 per
month payable for fixed periods. A lump sum at the option of the injured
person is provided in some cases.
Partial lump sum payments to any beneficiary may be substituted at the
discretion of the commission.
Revision of benefits. The rate of compensation may be readjusted either upon the
application of the beneficiary or by the State Industrial Accident Commission upon
its own initiative.
Insurance. Insurance is effected through the State Industrial Accident Fund,
under supervision of the State Industrial Accident Commission.
Security o f payments. Insurance under State control.
Settlement o f disputes. Any decision of the commission is subject to review by the
circuit court, and appeals lie from the circuit court as in other civil cases.

w o r k m e n 's

COMPENSATION LAWS— UNITED STATES.

RHODE ISLAND.

Date of enactment. April 29, 1912: in effect October 1. 1912; amended by act of
April 29,1913.
Injuries compensated. Personal injuries by accidents arising out of and in the course
of employment causing incapacity for earning full wages for a period of more than 2
weeks, or death, except where the injury resulted from the willful intention of the
injured person to injure himself or.another, or from intoxication.
Industries covered. All industries except domestic service and agriculture if the
employer elects. Defenses in suits for damages are not abrogated unless more than
5 persons are employed.
Persons compensated. Private employment: All employees in establishments cov
ered by this act in absence of contrary election, casual employees and those earning
above $1,800 a year excepted. Public employment: Not mentioned.
Burden of payment. Entire cost rests upon tne employer.
Compensationfor death.
(a) To persons wholly dependent, a weekly payment equal to one-half the aver
age weekly earnings of the deceased employee, but not less than $4 nor
more than $10 per week, for a period of 300 weeks.
(b) If only partial dependents survive, a sum proportionate to the amount which
the annual contributions bore to the annual earnings of the deceased, for
not exceeding 300 weeks.
(c) If no dependents, the expense of the last sickness and burial of the deceased
employee, not exceeding $200.
Payments to children cease on their reaching the age of 18 years unless they
are physically or mentally incapacitated.
Compensationfor disability.
(а) The necessary medical and surgical care and hospital services for the first 2
weeks after the injury.
(б) For total incapacity, a weekly payment equal to one-half the wages, but not
less than $4 nor more than $10 per week, during such incapacity, but not
for a longer period than 500 weeks.
(c) For partial incapacity, a weekly payment equal to one-half the loss of earn
ing power, but not exceeding $10 per week, during such incapacity, and
not lor a longer period than 300 weeks.
(d) For certain specified injuries (mutilations, etc.), inaddition to the above, onehalf the wages, weekly payments to be not less than $4 nor more than $10
per week, for fixed periods.
Lump sum payments may be substituted by order of the superior court after
compensation has been paid for six months for either death or injury.
Revision of benefits. Amount payable may be reviewed and modified by the supe
rior court at any time within 2 years, if the time for payments has not expired.
Insurance. Approved schemes or insurance plans may be substituted, but the
employer must meet all cost unless added benefits are provided corresponding to
any contributions made by employees.
security of payments. Claims for compensation under this act, and under any sub
stitute scheme, shall be entitled to a preference over the unsecured debts of the em.
P Settlement o f disputes. Disputes are settled by the superior court on a petition in
the nature of a petition in equity, filed by any party in interest. Appeals may be car
ried to the supreme court by any aggrieved person.

BULLETIN OP TH E BUBEAU OF LABOR STATISTICS.

TEXAS.

Date 0/ enactment April 16,1913; in effect September 1,1913.
Injuries compensated. Personal injury sustained in the course of employment causing
incapacity to earn full wages for at least one week, or death.
Irmistries covered. Excluded from the act are domestic and form labor, railways
operated as common carriers, and cotton ginning; also establishments in which not
more than 5 persons are employed. Applies to other industries if the employer sub
scribes to the State insurance fund.
Persons compensated. Private employment: All employees in industries included,
except casual. Public employment: No provision.
Burden of payment. The entire cost rests upon the employer.
Compensationfor death.
(а) To the legal beneficiary of the deceased employee, a weekly payment equal to
60 per cent of his wages, not less than $5 nor more than $15 for a period of
360 weeks, distributed according to law governing property distribution.
(б) If no beneficiaries or creditors are left, the expenses of the last sickness and
in addition a funeral benefit not to exceed $100.
(c) If the deceased leaves no beneficiaries but leaves creditors, the insurance
association is liable to the creditors for such debts in an amount not exceed
ing that which would be due beneficiaries.
Compensationfor disability.
(a) Medical and hospital care for the first week.
(b) For total incapacity, a compensation equal to 60 per cent of the average
weekly wages of the injured person, but not less than $5 nor more than $15
per week during such disability, but not exceeding a period of 400 weeks.
(c) For partial incapacity, a compensation equal to 60 per cent of the loss of earn
ing power during such disability, but not exceeding 300 weeks, in no case
to exceed $15 per week.
(d) For certain specified injuries (mutilations, etc.), an additional compensation
equal to 60 per cent of the average weekly wages of the injured person for
fixed periods, not less than $5 nor more than $15 per week.
A lump sum payment may be substituted for weekly payments in cases of
death or total permanent disability, subject to the approval of the indus
trial accident board.
Rems/km of benefits. The industrial accident board may call for medical examina
tion as often as may be reasonably ordered.
Insurance. Insurance may be effected through the Texas Employers’ Insurance
Association, under State control, or in any company admitted to do business in the
State.
Security of payments. Association is under State control.
Settlement of disputes. Disputes are referable to the industrial accident board,
whose decisions are subject to appeal to any court of competent jurisdiction.

w o r k m e n 's

COMPENSATION LAWS— UNITED STATES.

WASHINGTON.

Date of enactment. March 14,1911; in effect October 1,1911; amended, 1913.
Injuries compensated. Injuries causing disability of 5 per cent, or death, to a person
whether received upon the premises or at the plant or in the course of employment
while away from the establishment, except injuries brought about intentionally.
Industries covered. All extrahazardous employment, including mills, factories and
workshops where machinery is used; blast furnaces, mines, quarries, and wharves;
engineering works; logging, lumbering, and shipbuilding; building trades; telegraph,
telephone, electric light or power plants or lines; steamboats, tugs, and ferries,- rail
roads except as governed by Federal statute; State, county, ana municipal under
takings involving extrahazardous work in which persons are employed for wages.
Persons compensated. Private employment: All employees in industries covered
by the act; any working employer or salaried employee on the pay roll at a rate not
greater than the average named in such pay roll. Public employment: All em
ployees in industries covered by the act.
Burden of payment..The entire burden rests upon the employer.
Compensationfor death.
(a) Expenses of burial not exceeding $75.
(b) To widow or invalid widower, a monthly payment of $20; to each child under
16, $5 per month, the total not to exceed $35.
(c) If no parent survives, a monthly payment of $10 to each child under 16 years
of age, the total not to exceed $35.
(d) To other dependents, if none of the above survive, a monthly payment to
each equal to 50 per cent of the average amount previously contributed to
the dependent, the total not to exceed $20.
(«) To the parent or parents of an unmarried minor a monthly payment of $20
until the time he would have been 21. Tn case of dependence, payments
to parents of minors are governed by (d).
Payments to a widow or widower continue until death or remarriage, and to a
child until reaching the age of 16 years. If a widow remarries sne receives
a lump sum of $240.
Compensationfor disability.
(а) For permanent total disability, payments as follows: (1) If unmarried at time
of the accident, $20 per month; (2) if with a wife or invalid husband, but no
child under 16 years of age, $25 a month; if the husband is not an invalid,
$15 per month; (3) if married, or a widow or widower with a child or children
under 16 years, $5 a month additional for each child, the total not to exceed
$35.
(б) For total temporary disability, payments as for permanent total disability
during disability, increased by 50 per cent for first six months, but in no
case to exceed 60 per cent of monthly wages.
(c) For temporary partial disability, the payment as for total disability continues
in proportion to the loss of earning power, provided this shall exceed 5
per cent.
(d) For permanent partial disability, a lump sum not to exceed $1,500; if the
injured person is a minor, the parents receive an additional sum, equal to
10 per cent of the award to the injured person.
Monthly payments may be converted into lump sum payments in case of
death or permanent total disability.
Revision of benefits. Revision may be had upon application of the beneficiary or
upon the motion of the department.
Insurance. Insurance is required in a State accident fund.
Security o f payments. Accident fund under State control.
Settlement of disputes. By industrial insurance department whose decisions are sub
ject to review by the superior court, from which appeal lies as in other civil cases.

BULLETIN OF THE BUBEAU OF LABOR STATISTICS.

WEST VIRGINIA.

Date of enactment. February 22, 1913; in effect October 1, 1913.
Injuries compensated. All personal injuries not the result of willful misconduct or .
intoxication of the injured employee, or self-inflicted, causing incapacity for more
than one week, or death.
Industries covered. All except domestic or agricultural labor, if the employer be
comes a member of the State insurance fund.
Persons compensated. Private employment: All employees in industries covered,
including aliens, except persons casually employed, and the officers of corporations.
Public employment: No provision.
Burden of payment. Employer, 90 per cent; employees, 10 per cent.
Compensation for death.
(а) Reasonable funeral expenses, not to exceed $75.
(б) To the widow or invalid widower, $20 per month and $5 per month addi
tional for each child under the age of legal employment, the total not to
exceed $35 per month.
(c) To other persons wholly dependent, if no widow, invalid widower, or child
under the age of legal employment is left, 50 per cent of the average monthly
support received from the deceased during the preceding year, not ex
ceeding $20 per month, for 6 years.
(d) If the deceased was a single minor, to a dependent parent, 50 per cent of the
earnings, not to exceed $6 per week, until the time he would have become

(e) If only partial dependents survive, a compensation computed as in (c), with
the same maximum.
Payments to a widow or widower cease on remarriage, and to children on
reaching the legal age for employment [14 years].
Compensation for disability.
(a) Medical, nurse, and hospital services, not exceeding $150.
(b) For “ temporary or partial” disability, beginning with the eighth day, during
such disability, 50 per cent of loss of his earning capacity, not less than $4
nor more than $8 per week, not exceeding 26 weeks, except that for certain
maimings the period may be 156 weeks.
(c) For permanent total disability, beginning with the eighth day, 50 per cent of
the average weekly wages, during life, not less than $3 nor more than $6
per week.
Lump-sum payments piay be substituted for periodic payments in case of
either injury or death.
Revision of benefits. Awards may be modified at any time.
Insurance. Insurance is effected through a State fund under the control of the
public service commission. The commission may reinsure all or any part of any
class or risk in any authorized insurance company.
Security o f payments. Insurance is under State control.
Settlement of disputes. Disputes are settled by the commission; limited appeal
to the supreme court.

w o r k m e n 's

COMPENSATION LAWS— UNITED STATES.

WISCONSIN.

Date o f enactment May 3,1911; in effect same date; amended June 26,1913; July
30,1913; August 9,1913.
Injuries compensated. Personal injury by accident causing disability of at least
one week, or death, while performing service growing out of and incidental to the em
ployment, not intentionally self-inflicted.
Industries covered. All, if the employer elects. Compulsory as to State and its
municipalities.
Persons compensated. Private employment: All employees except casual, including
aliens, in the absence of contrary election. Public employment: All employees of
the State or its political subdivisions.
Burden o f payment. Entire cost rests upon the employer.
Compensation for death
(а) To persons wholly dependent, a sum equal to 4 years’ earnings, but which
when added to any prior compensation for permanent total disability shall
not exceed 6 years’ earnings.
(б) If only partial dependents survive, a sum not to exceed 4 times the amount
provided for their support during the preceding year.
(d) If no dependents, the reasonable expense of burial, not exceeding $100.
All payments are to be made in weekly installments equal to 65 per cent of
the average weekly earnings.
Dependence of children ceases at 18, unless physically or mentally incapaci
tated.
Compensation for disability.
(а) Medical, surgical, and hospital treatment for not exceeding 90 days, or the
reasonable expenses therefor.
(б) For total disability, 65 per cent of average weekly earnings during such disa
bility, but if the injured person requires the assistance of a nurse, then
100 per cent of earnings for first 90 days of disability.
(c) For partial disability, 65 per cent of loss of earning power.
(a) For certain specific injuries (mutilations, etc.), a sum equal to 65 per cent of
average weekly earnings for fixed periods.
(e) For serious permanent disfigurement, a lump sum may be allowed, not ex
ceeding $750.
In case of temporary or partial disability the aggregate compensation for a
single injury shall not exceed 4 years’ earnings, and for permanent dis
ability 6 years’ earnings, nor may the disability period exceed 15 years
from the date of the accident.
Lump sum payments may be substituted at any time after 6 months from the
date of injury.
Revision of benefits. The commission may modify or change its order or award
within 10 days if a mistake is discovered; or a review by the court may be had on
appeal within 20 days. The commission may call for a medical examination at any
tune it deems necessary.
Insurance. Insurance in approved companies is permitted, but the liability of the
employer may not be reduced.
Security o f payments. The employer must give proof of financial ability or insure
risks. Claims for compensation are preferred above other unsecured debts thereafter
contracted.
Settlement of disputes. Disputes are settled by the industrial commission, subject
to a limited review by the courts.

BULLETIN OF TH E BUREAU OF LABOR STATISTICS.

UNITED STATES.

Date of enactment. May SO, 1908; in effect August 1, 1908; amended February 24,
1909; March 4,1911; March 11,1912* and July 27,1912.
Injuries compensated. Injuries in the course of employment resulting in incapacity
for work lasting more than 15 days, or death, unless injury is due to the negligence or
misconduct of the employee injured.
Industries covered. Manufacturing establishments of the United States, arsenals,
navy yards, construction of river and harbor or fortification work or work m the
reclamation of arid lands; work under the Isthmian Canal Commission, under the
Bureau of Mines, under the Forestry Service, and under the Lighthouse Service.
Persons compensated. Private employment: Not included, rublic employment:
Artisans or laborers employed by the United States (a) in any of its manufacturing
establishments, arsenals, navy yards, or in the construction of river and harboi or
fortification work; or (b) in hazardous employment on construction work in the
reclamation of arid lands or the management and control of the same; (c) any person
in hazardous employment under the bureau of Mines, the Forestry Service, or the
Lighthouse Service; (d) all employees under the Isthmian Canal Commission.
Burden of payment. Cost is on the branch of the service in which the injured person
was employed.
Compensationfor death.
To the widow, children, or dependent parents, a sum equal to the wages the
deceased person would have received for one year had he continued to be
employed.
Payments to children cease on their reaching the age of 16.
Compensationfor disability.
A sum equal to the same pay the injured employee would have received if he
continued to be employed during the period of disability, not to exceed
one year.
Revision of benefits. Payments are made in such portions and under such regula
tions as the Secretary of Labor may prescribe.
Insurance. No provision.
Security of payments. Compensation is paid from annual appropriation for the sup
port of the service.
Settlement of disputes. All questions as to right of compensation are decided by the
Secretary of Labor, except as to the rights of employees of the Isthmian Canal Com
mission, which are determined by the chairman of that commission.

W O R K M E N ^ COMPENSATION LAWS— UNITED STATES,

CANAL ZONE.

Date of enactment August 24,1912. Executive Order February 26,1913; in effect
March 1,1913. [Suspended.]
Injuries compensated. Personal injuries causing disability of over 5 days, or death,
provided the injury is not intentionally brought about nor the result of intoxication.
Industries covert. The construction, maintenance, operation or sanitation of the
Canal, Panama Railroad, or auxiliary canals, locks or other subsidiary enterprises.
Persons compensated. Private employment: Employees of the Panama Railroad
Company directly engaged in the work named above. Public employment: Em
ployees of the United States employed in the Canal Zone in the work named above.
Burden of payment The entire burden rests upon the employer.
Compensationfor death.
(a) To widow or widower wholly dependent, there being no dependent child, 35
3r cent of the monthly wages of the deceased for a period of 6 years; after
years not less than 20 nor more than 30 per cent. If partly dependent, a
proportionate compensation.
(b) In addition to the above, 10 per cent for each child, the total not to exceed
50 per cent for 6 years, thereafter 25 to 40 per cent.
(c) If no parent is left, to one child 25 per cent and 10 per cent additional for each
chud, not exceeding in the aggregate 50 per cent of the wages. After 6
years the compensation shall not exceed 25 to 40 per cent.
(d) To parents, no widow, widower, or child being left, when one only is wholly
dependent, 25 per cent; when both are dependent, 20 per cent each, pay
able for a period of 8 years.
(e) To brothers, sisters, grandchildren and grandparents, no dependent spouse,
child or parent being left, 20 per cent if one is wholly dependent, and 30
per cent if more than one. If no one is wholly dependent out one or more
are partly so, 10 per cent divided among them.
Payments cease on the death or marriage of a beneficiary, on parents ceasing
to be dependent, or on a child reaching the age of 18, if capable of selfsupport.
Compensationfor disability.
(а) Reasonable medical, surgical, and hospital services and supplies.
(б) For total disability, a monthly payment beginning with the sixth day equal
to 50 per cent of pay, for not more than 6 years; thereafter a monthly pay
ment not less than 25 nor more than 40 per cent of such wages.
(c) For partial disability, a monthly payment equal to 50 per cent of the loss of
earning capacity, for not longer than 6 years. If disability continues, a
monthly payment not less than 25 nor more than 40 per cent of such loss.
Conversion to lump sum payments is provided for in certain cases.
Revision of benefits. The governor of the Panama Canal Zone may at any time
review the compensation previously fixed.
Insurance. No provision.
Security o f payments. Under Government control.
Settlement of disputes. The governor of the Canal Zone decides all questions arising
under this order or in regard to the interpretation thereof.

BTJLLE1IX OF THE BUBEAU OF LAB OH STATISTICS.

UNITED STATES.

COMPENSATION FOR EMPLOYEES OP RAILROADS ENGAGED IN
INTERSTATE COMMERCE.
(Bill in 63rd Congress (S. 959) based on the Report of the Federal Commission.)

Injuries compensated. Personal injuries due to accidents arising out of and in the
course of employment causing disability for more than 14 days, or death, unless caused
by the willful intention of the employee to bring about the injury or death of himself
or another or by his intoxication.
Industries covered. All common carriers by rail, including express companies, in the
District of Columbia or engaged in interstate or foreign commerce.
Persons compensated. Private employment: All employees, including apprentices,
but excluding casual employees. Public employment: Not included.
Burden o f payment. The entire cost rests upon the employer.
Compensationfor death.
(a) To the widow alone, 40 per cent of monthly wages of the deceased; if any child
or children (male under 16 or female under 20), 50 per cent.
(b) To any child or children, no widow being left, if one child, 25 per cent of the
wages, and 10 per cent additional for eacn child more than one, not to
exceed 50 per cent in all.
(c) If no widow or children entitled to compensation, then to a parent or parents
who are partially dependent, 15 per cent; if one is wholly dependent 25
per cent, and if both, 40 per cent of such wages.
(d) If none of the foregoing, then to any wholly dependent brother, sister, grand
parent, or grandchild, 20 per cent if one; or 30 per cent if more than one;
if only partly dependent, then 10 per cent of such wages.
Beneficiaries not actual residents of the United States or contiguous countries
receive no benefits, except that a widow or child where there is no resident
dependent widow or child, shall be paid a sum equal to one years wages
of decedent.
(e) A funeral benefit of $75, if the monthly payments for death are not more than
$15. If no monthly payments are payable, a reasonable funeral benefit
not exceeding $150.
All compensation payments cease in 8 years, or, in the case of a widow, upon
prior remarriage; except that payments to children cease at 16 if a male
or 20 if a female, unless dependent thereafter.
Compensationfor disability.
(a; Medical and surgical aid, including hospital service, as may be reasonably
required during the first 14 days, and thereafter in an amount not to ex
ceed $200.
(6) For total disability, 50 per cent of monthly wages during its continuance, for
life if permanent.
(c) For certain specified injuries (mutilations, etc.) causing permanent partial
disability, 50 per cent of monthly wages for fixed periods.
(d) For temporary partial disability, 50 per cent of his wages during any period
of reduced earning capacity, but for a period not longer than would be paid
for a permanent disability of the same character, nor after refusal to accept
work at the same or better wages than he was receiving at the time of injury.
Revision o f benefits. A review of any agreement, award, findings or judgment may
be had within two years from the date ot accident, and before the expiration of the
period for which compensation has been fixed, upon application of either party.
Insurance. No provision.
Security o f payments. In cases of insolvency, liability for compensation constitutes
a lien upon all property of the employer paramount to all other claims or liens except
for wages and taxes.
Settlement o f disputes. Any employer and his employees may organize and constitute
one or more committees for the purpose of settling disputes, or questions may be re. ferred to an adjuster appointed by me court, with appeals to the courts.

W O BK M E N ’ s COMPENSATION LAWS— UNITED STATES.

It is obvious that no fixed form of analysis or summary presentat
ion can give in complete detail the provisions of the laws under
consideration. They include questions relating not only to the
compensation of accidents, but also to accident reporting, safety
provisions, the enforcement of safety laws, the establishment of
insurance systems, premium rates, investments, the scale of pay
ments in cases of certain forms of negligence or their increase under
certain conditions, procedure in arbitration, forms of appeal, and a
great variety of subjects on which it would be impossible to generalize,
and which can be discovered only by a reading of the individual
statutes, though the use of the index to the laws will aid in this.
The acceptance by a few States of laws generally similar can be clearly
recognized, but it is obvious that at the present time it can not be
said that any one type of law is predominantly approved. Admit
ting that the question of State insurance is open to discussion, it
can not be denied that some form of security of payments is desirable;
and while constitutional limitations may appear to stand in the
way of compulsory compensation systems, it is none the less certain
that the welfare of both employer and employee, as well as the
public interest generally, would be served by the general adoption of
uniform laws, just and certain in their operations, and not dependent
for their acceptance on the personal views or interests of individuals or
groups of individuals. What has appeared possible to the courts
will be shown in the section following, in which are discussed the
constitutionality and construction of statutes, while under the
heading, “ Experience under the laws,” will be given some idea of the
effect of the statutes enacted.
CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.

Especially in the early commission reports great stress was laid on
the question of constitutionality, as the laws under consideration
were obviously wide departures from the principles that had been
applied theretofore. Until the decisions of the courts of several States
passing upon the constitutionality of the laws of such States were
available, there was nothing of controlling authority to which refer
ence could be made as directly supporting laws of this class. There
were, however, carefully worked out arguments presented in the
report of the New York commission, as well as in those of Minnesota
and Ohio, others devoting less space to this subject. In all these it
was necessary to proceed on the basis of analogies, and it was not
until the compulsory statute of New York (ch. 674, Acts 1910)
was considered by the courts of that State that there was any direct
judicial ruling on the points involved in compensation statutes.
This, of course, is excluding from consideration the Maryland statute
of 1902, which, as already pointed out, was a cooperative insurance

BULLETIN OP THE BUBEAU OF LABOR STATISTICS.

law applicable only to a very limited class of employments. This
law was held unconstitutional by the court of first instance on the
ground that it deprived the parties of their right of trial by jury, and
as conferring judicial or at least quasi judicial functions on an execu
tive officer. The case was not carried up, so that no opinion of a
higher court was ever secured. The recentness of the enactment of
the laws precludes any extensive body of judicial opinion, though
the number of points that may be considered by the courts is large,
and current cases in which they are discussed are now being passed
upon by the courts of last resort with considerable frequency.
The State itself was active in securing early determinations as to
constitutionality in Massachusetts, where the State senate submitted
a bill to provide compensation to injured workmen to the supreme
court of the State, for a prior determination of its constitutionality; in
Ohio, where the treasurer of the State refused to pay the expenses of
the State liability board of awards on the ground that the law under
which such board was created was unconstitutional; and in Washing
ton, where the law was brought before the supreme court of the State
by practically the same method as in Ohio. In Montana, New Jersey,
New York, and Wisconsin cases were brought to the respective
supreme courts in regular course by parties affected by the law. In
all these cases the case turned directly on questions of constitu
tionality, while questions of construction and various details of the
law were also necessarily considered in most instances, as well as in
almost a score of cases in which opinions have been delivered since
the beginning of the year 1913.
DUE PROCESS OF LAW.

Naturally, in the case of such wide departure from established pro
cedure, doing away with trial by jury, questions of negligence, con
tributory negligence, and liability generally, the claim was made
that the new system contemplating practically automatic compensa
tion, and placing the burden of industrial accidents on the industry
rather than on any particular member of it, raised the question as to
violations of the constitutional guaranties of due process of law. As
to what constitutes due process of law the Ohio supreme court said:
(State v. Creamer, 85 Ohio St. 349, 69 N. E., 602).
Perhaps no exact definition of due process of law has been agreed
on. Judge Story defines it in his work on the Constitution, section
1935: “ The right to be protected in life and liberty, and in the acqui
sition of property under equal and impartial laws, which govern the
whole community. This pute the State upon its true foundation for
the establishment and administration of general justice, justice of
law, equal and fixed, recognizing individual rights and not impairing
them.’'

w o r k m e n ' s COMPENSATION LAWS— UNITED STATES.

In Cooley on Constitutional Limitations, section 356, it is said:
“ Due process of law in each particular case means such an exercise of
of the government as the settled maxims of the law permit and
sanction, and under such safeguards for the protection of individual
rights as those maxims prescribe for the classes of cases to which the
one in question belongs.”
The court then adverted to the case of Ives v. South Buffalo R. Co.
(201 N. Y. 271, 94 N. E. 431), in which the compulsory law of New
York had been held unconstitutional by the court of appeals of that
State. Of this the Ohio court said:
The [New York] court held the law invalid, as imposing the ordi
nary risks of a business (which under the common law the employee
was held to assume) on the employer. The court states one of the
premises on which it proceeds as follows: “ When our constitutions
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 sus
tained by another.” But that rule was not of universal application.
At common law one may sustain such relation to the inception of an
undertaking that he will be held liable for negligence in the progress
of the enterprise, even though he has no part or connection with the
negligent act itself which caused the injury. * * * The position
in the line of causation which employers sustain in modem industrial
ursuits is, of course, the basic fact on which employers’ liability
iws rest.
The Ohio statute was an elective one, differing in this respect from
the law of New York, and while the acceptance of the compensation
provisions involved the surrender of other forms of defense or relief,
the court held that this act in no way violated due process of law.
The elective laws of Massachusetts and Wisconsin were likewise
upheld by the supreme courts of the respective States as against the
charges that they had violated this principle, the Massachusetts court
(In re Opinion of Justices, 96 N. E. 308) laying particular stress on the
voluntary features or noncompulsory features of the law, and holding
that there was nothing unconstitutional in its proposals and require
ments; while the Wisconsin court (Borgnis v. Falk Co., 147 Wis. 327,
133 N. W. 221) considered the nature of the administration of the law
by a board and not by a court and the limitations of the powers of
such board as contributing to keep the law within constitutional
limits. In the principal opinion in this case it was pointed out that
the law in question was enacted in response to an urgent public opin
ion in an attempt “ to solve certain very pressing problems which
have arisen out of the changing industrial conditions of our time.”
While declaring that constitutional commands and prohibitions must
be implicitly obeyed so long as they exist, it was held that in the
absence of an express provision conditions prevailing at the time of
the adoption of the Constitution and subsequent changes in social
and economic affairs should be compared and weighed, and that no

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

attempt should be made to hold back the legislation needed for pres
ent conditions by reason of earlier constructions and interpretations.
The Supreme Court of Washington had a different problem to meet,
in that the law under consideration was one which proposed an exclu
sive remedy, the question of acceptance being determined by tho
statute and not left to the option of the employer. Under this act
every employer to whom it applies is required to contribute to a fund
from which payment is to be made for the injuries of employees of
persons engaged in,similar industries, such payments to be made with
out reference to the fault of the employer or the negligence of the
employee, and also without reference to the fact that no workman
in a contributing employer's establishment may be injured during
the entire period for which the contributions are made. The court
(State ex rel. Davis-Smith Co. v. Clausen, 65 Wash. 156, 117 Pac.
1106) conceded that on first impression the objections contained in
these facts constituted a persuasive argument against the validity of
the act, but added that these conditions do not furnish an absolute
test of such validity.
The test of the validity of such a law is not found in the inquiry
Does it do objectionable things 1 but is found rather in the inquiry
Is there no reasonable ground to believe that the public safety, health,
or general welfare is promoted thereby? * * * It is not meant
here to be asserted that this [police] power is above the Constitution,
or that everything done in the name of the police power is lawfully
done. It is meant only to be asserted^ that a law which interferes
with personal and property rights is valid only when it tends reason
ably to correct some existing evil or promote some interest of the
State, and is not in violation of any direct and positive mandate of
the Constitution. The clause of the Constitution now under con
sideration was intended to prevent the arbitrary exercise of power
or undue, unjust, and capricious interference with personal rights;
not to prevent those reasonable regulations that all must submit to
as a condition of remaining a member of society. ‘
The court then cited a number of authorities as supporting the
principles above laid down, many of the cases being those that had
been mentioned in the earlier briefs presented in the commission
reports already referred to.
The Montana statute was also a compulsory one, and the court in
considering it (Cunningham v. Northwestern Improvement Co., 44
Mont. 180,119 Pac. 562) cited and followed the Washington opinion
and reached the conclusion that the general scheme of the act under
consideration was well within the police power of the State. •“ If the
people, represented by their legislature, are of opinion that the public
interests demand that industrial insurance ought to be substituted,
in whole or in part, for actions in wrongs, this court certainly can not
say that they are in error.”

W O R K M E N S COMPENSATION LAWS— UNITED STATES.

Later than the above is the discussion of this subject by the Supreme
Court of New Jersey in its consideration of the elective compensation
law of that State (Sexton v. Newark District Telegraph Co., 86 Atl.
451). This statute being elective its operation can only follow from
the choice of the persons affected by it, so that under the act neither
the employer nor the employee is bound to accept its provisions unless
he chooses to do so. “ If he does not he certainly is not deprived of
property without due process of law. If he does, then he has given
the consent which the prosecutors contend he must give in order to
be bound by the provisions of the second [compensation] section.”
With the exception of the Court of Appeals of New York, therefore,
the seven courts of last resort which have passed upon the constitu
tionality of compensation acts have held that they did not violate
the constitutional rule as to due process of law. The same view was
held by the Supreme Court of New York in its opinion in the Ives
case, quoting from the opinion of the Supreme Court of the United
States in the case Holden v. Hardy (169 U. S. 366,18 Sup. Ct. 383):
While the cardinal principles of justice are immutable, the methods
by which justice is administered are subject to constant fluctuation;
and the Constitution of the United States, 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 citi
zens as they may deem best for the public welfare without bringing
them into conflict with the supreme law of the land.
On appeal, however, the foregoing opinion was rejected by the
court of appeals. As to the liability fixed by the New York com
pulsory statute, it was said that it plainly constitutes a deprivation
of liberty and property under the Federal and State constitutions
which would not be valid unless justifiable under the police power.
The economic argument was considered and the defects of the pres
ent system were recognized.
We have already admitted the strength of this appeal to a recog
nized and widely prevalent sentiment; but we think it is an appeal
which must be to the people and not to the courts. The rignt of
property rests not upon philosophical or scientific speculations, nor
upon the commendable impulses of benevolence or charity, nor yet
upon the dictates of natural justice. The right has its foundation in
the fundamental law. That can be changed by the people, but not
by legislatures. * * * If such economic and sociological argu
ments 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 limitation upon the absolute
discretion o f legislatures, and the guaranties of the constitution are a
mere waste of words.

BULLETIN OF TH E BUBEAU OP LABOR STATISTICS.

It was further said that—
The argument that the risk to an employee should be borne by the
employer because it is inherent in the employment may be econom
ically sound, but it is at war with the legaljprinciple that no employer
can be compelled to assume a risk which is inseparable 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. * * * In its final and simple analysis that is taking the
property of A and giving it to B, ana that can not be done under our
constitutions.
The cases cited in the commissions’ briefs, and subsequently in the
Washington and other opinions, were referred to and distinguished
as not supporting the claims made for them. The opinions, there
fore, in this case and in that given out by the Washington supreme
court are in direct conflict. In referring to the New York opinions
the Washington court said:
The act the [New York] court there had in review is dissimilar in
many respects to the act before us and is perhaps less easily defended
on economic grounds. The principle embodied in the statutes is,
however, the same, and it must be conceded that the case is direct
authority against the position we have here taken. We shall offer
no criticism of the opinion. We will only say that, notwithstanding
the decision comes from the highest court of the first State of the
Union and is supported by a most persuasive argument, we have not
been able to yield our consent to the view there taken.
JURY TRIAL.

A contention made in connection with the question of due process
of law, but as a specific point, was that the system of awards pro
posed was an abrogation of the right of trial by jury in violation of
constitutional guaranties. The Supreme Court of New Jersey in
speaking of this point said: “ This contention totally misconceives
the proper construction and effect of the constitutional provision in
question. The language with respect to this mode of trial is that it
shall remain inviolable, not that it shall be unalterable. It is there
fore a privilege which may be waived by 'either party and not an
absolute right which is not the subject of such a waiver.” It was
pointed out that there had been for a number of years provisions
for the waiver of the right of jury trials, and that provisions of this
sort had been uniformly held to be entirely constitutional, citing a
number of cases.
In the foregoing case it is obvious that the matter of election or
option was of the essence of the opinion. In Washington, however,
the subject of a fixed rule was before the court, and it was objected
that “ the legislature can not fix a procrustean rule for the admeas
urement of damages arising from injuries received by one in the
employment of another,” as both parties were entitled to have the

w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES.

question of right and amount submitted to a ju r y . The court hav
ing held, however, that for the privilege of engaging in businesses of
certain sorts the State might properly require contributions to a
benefit fund, it concluded that it might also require employees enter
ing into contract relations with employers of the foregoing class to
receive a given sum for such injuries as they might incur during
employment. In this view the legislature would be authorized to
provide that if a workman was injured while so engaged he should
receive a “ sure award in a limited sum as compensation for his
injury and in lieu thereof shall forego his common-law action in
damages therefor. * * * The desirability of this substitution is
unquestioned, and we believe that the legislature had the power to
make it without violating any principle of the fundamental law.”
A similar conclusion was reached by another line of argument, the
court saying that “ the right of trial by jury accorded by the Consti
tution, as applicable to civil cases, is incident only to causes of action
recognized by law.” If, therefore, the legislature is able to take
away the cause of action on the one hand and the ground of defense
on the other and merge both into a statutory indemnity, the right
to sue has fallen and with it, of necessity, the right of jury trial.
In the Montana case it was pointed out, first, that the Constitu
tion of the United States does not guarantee a trial by jury in a
civil action in a State court, citing a decision by the Supreme Court
of the United States. It was said, further, that the provision of the
State constitution that the right of trial by jury shall be secured to
all and remain inviolate had been construed by the court as apply
ing only to those c a s e s wherein a right of trial by jury existed at the
date of the adoption of the constitution.
It was held therefore that such guarantee would have no reference
to claims against an indemnity fund such as are provided for by the
act in question, since the adjustment of claims under the act is
administrative and not judicial, nor does due process of law neces
sarily require a jury trial, citing Montana Co. v. St. Louis Min. Co.,
152 U. S. 160, 14 Sup. Ct. 606.
LIABILITY WITHOUT FAULT.

Perhaps the ground on which the New York court of appeals most
strongly condemned the compulsory law of that State was that it
charged the employer with a liability without fault. The point was
argued at considerable length and the cases offered in support of such
liability were examined and held to be inapplicable to the questions
under consideration by the court, and the conclusion was therefore
reached that the law in question contained no justifying provision
that would warrant the imposition of such liability.
30597°— Bull. 126—14------6

BULLETIN OF TH E BUREAU OF LABOR STATISTICS.

It contains not a single provision which can be said to provide for
the safety, health, or morals of the employees therein specified, nor to
impose upon the enumerated employers any duty or obligation designed
to nave that effect. It does not affect the status of employment at
all, but reads into the contract between the employer and employee
without the consent of the former, a liability on his part which never
existed before and to which he is permitted to interpose practically no
defense, for he can only escape liability when the employee is injured
through his own willful misconduct.
The Supreme Court of Washington, on the other hand, held with
equal vigor that the valuable ends in view and the reasonable pro
visions of the law for the seeming of those ends warranted the imposi
tion of such liabilities as were enforced by the law of that State,.so that
in the exercise of the police power for the promotion of the welfare of
the State a sufficient warrant existed for the fixing of the liability in
question, citing in this connection an extended list of cases, some of
which the New York court had noted and distinguished.
In a case decided by the Supreme Court of Wisconsin (City of Mil
waukee v. Miller, 144 N. W. 188), in discussing the nature of com
pensation laws, the court referred to the old rule of liability as being
based on “ the common-law principle that he who tortiously injures
another in his person or his property incurs a legal liability to make
good to that other all the loss which is directly and naturally caused
thereby, regardless of any element of reasonable anticipation of con
sequences.” . The court then said: “ This extreme and rather harsh
rule is characterized by a penal element, grounded on the mordl
turpitude of the wrongful act. Under the statutory system for deal
ing with personal injury losses incident to performance of the duties
of an employer, they are regarded as mutual misfortunes to be»
charged up, as directly as practicable, to the cost of production.
The right to have the employer regarded as an agency to make pay
ment to the employee and absorb the same as an expense of the
industry, regardless of whether the loss is attributable to any human
fault, is a legislative creation within the constitutional exercise of
the police power to legislate for the public welfare.”
ABROGATION OF EMPLOYERS’ DEFENSES.

In a number of cases the question was raised as to the power of
the legislature to abolish the defenses of fellow service, contributory
negligence, and assumption of risks, as was done in most of the laws
providing for compensation. There was, however, little disagree
ment by the courts on this point, the New York court of appeals
saying that the power of the State to make changes in methods of
procedure and in subsequent law was clearly recognized. “ We have
said enough to show that the statutory modifications of the ‘ fellowservant’ rule and the law of 'contributory negligence are clearly

w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES.

within the legislative power. These doctrines, for they are nothing
more, may be regulated or even abolished. This is true to a limited
extent as to the assumption of risk by the employee.” (Ives v. R.
Co., supra.)
The Massachusetts court, speaking on this point, said that the rules
of law relating to these three defenses were established by the courts,
not by the constitution, and that the legislature may change them or
do away with them altogether as defenses. The courts of Wisconsin,
New Jersey, and Ohio agree with the opinion of the Massachusetts
court, the Ohio court saying that as to the right to abolish the defense
of assumption of risks the great weight of authority is against the
position of the New York court, holding that it is subject to the same
complete legislative control as the other defenses made.
CLASSIFICATION OF INDUSTRIES.

In a number of the statutes under consideration distinction is made
between industries or occupations as hazardous and nonhazardous.
Opponents of the laws seized upon these provisions as points for
attacking the constitutionality of the laws as being repugnant to the
provision of the fourteenth amendment to the Federal Constitution,
which guarantees to all citizens the equal protection of the laws. In
discussing the New York statute which applied only to designated
dangerous employments, the court noted the contention that the
classification was fanciful and arbitrary, but from its examination it
concluded that “ all 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 of police power.”
The Massachusetts court also found nothing unconstitutional in the
provision of the proposed law in that State excluding from its appli
cation domestic servants and farm laborers. The Supreme Court of
Washington, in passing upon this objection to the law of that State,
held that “ it is well settled that neither the clause of the State consti
tution prohibiting class legislation nor the clause of the fourteenth
amendment to the Constitution of the United States relating to the
equal protection of the laws, takes from the State power to classify
in the adoption of police regulations.”
The Wisconsin court, in discussing the provision of the law which
preserves to employers who elect to come under the law the right to
use these defenses in suits by employees who elect not to come under
the law, while it takes away the same defenses from employers who do
not so elect, held that this was a classification which meets the essen
tial requirements of the constitution. The test prescribed was that
the classification must be based on substantial distinctions which
make real differences, must be germane to the purposes of the law,
and must not be limited to existing conditions only and must apply

BULLETIN OP THE BUREAU OF LABOR STATISTICS.

equally to each member of the class. It was also held in the same
opinion that it was not necessary to make a distinction between
hazardous and nonhazardous employments as a basis for abrogating
the employers’ common-law defenses.
Similar was the ruling of the Ohio supreme court to the objection
that the statute of that State makes an unjust and arbitrary classifi
cation and does not affect all who are within its reason as required
by the constitution of the State, the law in question exempting
employers of less than five workmen from its operation. The court
held this classification to be reasonable and proper, since “ in the
nature of the case the risks of any regular employment are less and
the opportunity for avoiding them better where an employee is one
of four than when the number is larger,” citing from the decision
in the Wisconsin case in which it was said that the difference in the
situation is not merely fanciful but is real.
The Wisconsin statute abrogates defenses when employers of four
or more employees fail to come within the act, and this provision
was held to be controlling ini Cavanaugh v. Morton Salt Co., 140
N. W. 53, so as to bar the defense of fellow, service in a workman’s
suit for damages.
EQUAL PROTECTION OF THE LAW.

An objection that was found fatal to the Montana statute was its
failure to provide equal protection, not as between different classes
of employers or of employees, but as between the employers and
workmen to whom the act applied. The law in question was a com
pulsory cooperative insurance statute, requiring the payment of
contributions to a State fund by the employer in his own behalf and
in behalf of his employees, permitting him to recoup himself in part
by withholding from the employees’ wages fixed amounts as their con
tribution to the fund. Designated amounts were provided as benefits
for injured workmen to be paid from this fund, but the workmen
were given the option of suing the employer in an action to recover
damages for injuries received. This resulted in the compulsory
maintenance of a fund by the employers’ contributions and a second
liability to an action in damages after having made such contribu
tion. This provision of the statute, not essential to its general
scheme (which had been declared constitutional by the court), was
held to be inequitable and unjust so as to clearly invalidate the
law as charging the employer with a double liability and not afford
ing to him the equal protection of the laws. It may be noted that
in the local law of Maryland applying to Allegany and Garrett
counties, a similar option is permitted employees to accept benefits
from the funds maintained by contributions or to sue the employer

w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES.

for damages. The difficulty which invalidated the Montana law is
avoided, however, by permitting the employers to reimburse them
selves by withholding from subsequent contributions such an amount
as will equal the judgment and costs incurred in the action.
EXERCISE OF JUDICIAL POWERS.

A number of the laws in question provide for their administration
and the settlement of disputes by boards or commissions, and these
provisions were made the grounds of attack on their constitution
ality as conferring judicial powers upon nonjudicial officers. In no
case was this contention admitted.
The Montana law conferred certain duties upon the State auditor,
which were held by the supreme court of that State to be adminis
trative and not judicial, while the suggestion that he might in cer
tain cases be called upon to exercise judicial power was said to be
of no persuasive force, since such procedure would be altogether
voluntary on his part and he might resort to the courts if he so
desired.
The industrial commission provided for in the Wisconsin statute
was said by the court of that State not to be a court, and they con
strued the act as not vesting in this commission judicial powers
within the meaning of the constitution. “ It is an administrative
body or arm of the Government, which in the course of its admin
istration of a law is empowered to ascertain some questions of fact
and apply existing law thereto, and in so doing acts quasi-judicially;
but it is not thereby vested with judicial power in the constitutional
sense.”
It was held that the act made no attempt to confer on the board
power to consider and determine'its own jurisdictional authority,
but that courts were open for appeals from its findings on any one of
three grounds, first, that the board acted without or in excess of its
powers; second, that the award was procured by fraud; and third,
that the findings of fact do not support the award. In view of these
provisions the court held that there was no violation of the con
stitution in conferring such powers on the commission as it was
authorized to exercise.
Similar considerations were involved in the discussion of the Ohio
statute, and similar conclusions were reached by the court in this case.
It was said that the board of awards created by the act was purely
an administrative agency with duties referring to the creation and
administration of the insurance fund, and the fact that it is em
powered to classify persons to come under the law and to ascertain
facts as to the application of the fund does not invest it with judicial
power within the constitutional sense.

BULLETIN OF TH E BUBEAU OF LABOR STATISTICS.

Of the Massachusetts law, it was said by the supreme judicial
court of the State that for certain purposes the commission on arbi
tration and the industrial accident board, provided for by the com
pensation law of .the State, should be classed as a court in certain
respects, though the members are not judicial officers within the
constitution. However, as they have power to summon witnesses,
administer oaths, make rulings, and render decisions they are in a
sense courts, in which proceedings may be had which correspond to
actions. (Pigeon v. Einp. Liab. Assurance Corp., 102 N. E. 932.)
FREEDOM OF CONTRACT.

The compulsory laws of New York and Washington were by their
nature required to submit to scrutiny on the ground that they
interfered unconstitutionally with the freedom of contract, and in
the New York case it was held that this was unwarrantably done,
reading into the contract between the employer and employee,
and without the employer’s consent, a new liability to which he
can interpose practically no defense. In the Washington case it
was remarked that personal rights such as the right of contract are
not absolute; “ on the contrary, it has been many times said that
there is no absolute right to do as one will, to assume any calling
one desires, or contract as one chooses; that the term ‘ liberty’
means absence of arbitrary restraint, not immunity from reasonable
regulations and prohibitions imposed in the interests of the com
munity;” citing Frisbie v. United States (157 U. S. 160, 15 Sup.
Ct. 586). Other opinions cited were Holden v. Hardy (169 U. S.
366, 18 Sup. Ct. 383), in which the Supreme Court, speaking of the
power to limit the hours of labor a workingman may be employed
in underground mines, said: “ This right of contract, however, is
itself subject to certain limitations which the State may lawfully
impose in the exercise of its police powers” ; and State v. Buchanan
(29 Wash. 602, 70 Pac. 52), in which a law limiting the number
of horns of labor that women might be employed in a day was held
constitutional although requiring the yielding of individual rights.
The Supreme Court of Massachusetts in discussing the law of that
State found no difficulty in disposing of the question of freedom of
contract because of the elective or optional feature of the law by
reason of which employers and employees were alike at liberty to
choose whether or not they would accept the provisions of the
statute. As to the Wisconsin law it was contended that while it in
form presented to employers and their workmen a free choice as to
acceptance or rejection of its terms, it was in fact coercive, since tho
employer is constrained by the abolition of his defenses to accept
the act, while the employee will feel himself obliged to come within

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COMPENSATION LAWS— UNITED STATES.

its provisions for foar of discharge if he does not accept. The court
assumed that certain employers would feel themselves able to ade
quately safeguard their workmen and carry their own risks under
the liability laws of the State, even with the defenses abrogated, since
under the circumstances of their establishments they would consider
that preferable to assuming the burdens of the compensation law.
So also it was argued that in all probability a great body of work
men, especially the unskilled classes, would be glad to secure a cer
tain compensation in case of injury instead of accepting the uncer
tainties of a lawsuit. This phase of the subject was dismissed as
being speculative and conjectural, since no one could say what the
practical operation of the law would be. “ It is enough for our
present purpose that no one can say with certainty that it would
operate to coerce either employer or employee.”
The same situation was developed in the Ohio opinion, in which
it was said that “ it is urgently insisted that while the law is appar
ently permissive and leaves its operation to the election of the em
ployer and employees, it is really coercive.” The law in question
deprived the employer of certain defenses if he failed to elect, elec
tion by the employee being presumed if he continued in service, but
he might sue in certain case3 of the employer’s negligence. The
system thus provided was held by the court not to be coercive on
account of the common law and statutory rights still preserved to
the parties. “As was said in the Wisconsin case, ‘ Laws can not be
set aside upon mere conjecture or speculation. The court must be
able to say with certainty that an unlawful result will follow.’ We
do not see how such a thing could be said here.”
The New Jersey supreme court took the same view, holding that
no coercion was exercised upon either party to the contract of hire.
There are two principal parts to the law—one a stringent liability
law, and the other a compensation statute—and both parties are
free to choose under which of them the employment is to stand. It
is provided that in the absence of notice of rejection acceptance of
the compensation system is presumed. It was said that it would
have been quite as competent for the legislature to have adopted
other alternatives, but in its wisdom the particular choice made was
the one adopted. “ Really, the matter comes down to a question of
presumption or burden of proof, which it is entirely within the con
trol of the legislature to regulate so long as the parties are left en
tirely free to make whatever contract they choose, as they are in
this case: We are therefore of the opinion that, as against the
objections taken, section 2 is constitutional.”

BULLETIN OF THE BUBEAU OF LABOR STATISTICS.

STATUS OP BENEFIT FUNDS.

An objection was urged against the constitutionality of the statute
of Washington in its provision for the maintenance of a fund to be
formed of premiums or contributions by employers, on the ground
that this was a violation of the provisions of the constitution requir
ing equal and uniform taxation of property for public purposes. It
was held that while the fund was a charge laid on persons engaged
in the industries named, imposed by public authority as are taxes,
it was not in the meaning of the constitution a tax, as “ no acquisi
tion to the public revenue, general or local, is authorized or aimed at.
It is to be used, not to meet the current expenses of government, but
to recompense employees of the industries on whom the burden is
imposed for injuries received by them while engaged in the pursuit
of their employment. It is the consideration which owners of the
industries pay for the privilege of carrying them on. It is therefore
in the nature of a license tax, and can be justified on the principle of
law that justifies the imposition and collection of license taxes gen
erally.” Cases were then cited showing the power of the legislature
to levy such taxes in the State, the conclusion being reached that
the sums might be considered as partaking of the nature of a license
for both revenue and regulation, but in neither aspect was there any
thing inimical to either the State or Federal constitutions.
The Montana statute was likewise compulsory in the matter of
contributions to the general fund. It was held here that as the act
in question was a scheme calculated to result to the public welfare
it was a proper corollary conclusion that the contributions to the
fund were of the nature of a tax imposed for a public purpose; or
the procedure might be justified if the act abolished suit3 at law for
personal injuries and death on the theory that the State had given a
quid pro quo to the employer. The court concluded, however, that
it was not required to accept either of these arguments, but that it
was within the police power of the State to levy such an impost as an
employment tax upon the occupation covered by the act. “ It is
not at all necessary to justify the imposition of such a tax that the
business itself should particularly require police supervision, although
as we have seen, extrahazardous enterprises may demand restraint
and regulation. Such a tax may be imposed, either for regulation
or revenue, or for both. Property and occupation are alike legitimate
objects of taxation.”
A somewhat different aspect of this question is involved in the
Wisconsin statute, since while no general fund is maintained, com
pensation is compulsory as to the State and its municipalities. It
follows therefore that public funds raised by taxation are used for
the payment of the benefits contemplated by the act, and on this

W O RK M E N ’ S COMPENSATION LAWS— UNITED STATES.

ground the constitutionality of the law was challenged as compelling
municipalities to levy taxes for other than public purposes. As to
this point the supreme court of the State said:
We have not been quite able to perceive the force of this point, and
we find no argument upon it in the brief. We shall only say that
the manner in which the State or the public shall treat its workmen
is peculiarly a matter for the legislature to determine. No one is
compelled to work for the public, and, if he does, he takes the situa
tion oil the terms which the public gives. We know of no reason
why the public, acting by its law-making power may not provide
that its employees shall have as part of their compensation certain
indemnities in case of accidental injury in the public service. When
the law does so provide, the raising of the funds to discharge those
indemnities becomes plainly a proper public purpose.
The Ohio supreme court likewise considered this question, the
point being made that the law directed the State to use public funds
for private purposes, contributions to the insurance fund being made
by both employers and employees, while the State itself assumed the
expense of administration. The court in this case assumed that the
ends in view were of a nature to justify the action of the State in its
power to secure peace, safety, and the best interests of the Common
wealth, and quoted from the opinion of the Supreme Court in the case
of Noble State Bank v. Haskell, (219 U. S. 104, 31 Sup. Ct. 186), in
which the constitutionality of a statute of Oklahoma, authorizing
the establishment of a guarantee fund for deposits by a levy on the
banks of the State, was under consideration. The quotation is as
follows:
•The substance of the plaintiff’s argument is that the assessment
takes private property for private use without compensation. ♦ * *
Nevertheless, notwithstanding the logical form of tne objection, there
are more powerful considerations on the other side. In the first place
it is established by a series of cases that an ulterior public advantage
may justify a comparatively insignificant taking of private property
for what, in its immediate purpose, is a private use. * * *
It may be said in a general way that the police power extends to all
the great public needs. It may be put forth in aid of what is sanc
tioned by usage or held by the prevailing morality or strong and pre
ponderant opinion to be greatly and immediately necessary to the
public welfare.
The objection on this ground was therefore overruled.
POLICE POWER.

As to whether or not the acts under consideration properly fall
within the police power of the State is a question to be answered
according to the views taken as to the scope and purpose of the laws
themselves. With the exception of the New York court, the laws
were regarded as tending to meet existing needs in a legitimate man
ner and as being within the police power of the State. The Supreme

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Court Of Ohio quoted with approval from the discussion of Prof.
Freund in his work on the subject, as follows: “ The term ‘ police
power’ has never been circumscribed. It means at the same time a
power and function of Government, a system of rules, and an admin
istrative organization and force.”
Prof. Freund is further quoted as saying that a consideration of
the subject “ will reveal the police power not as a fixed quantity, but
as the expression of social, economic, and political conditions. As
long as these conditions vary, the police power must continue to be
elastic, i. e., capable of development.”
This court regarded the law in question as a proper exercise of the
police power of the State in view of the objects to be gained by its
enforcement. So also of the Washington court, which said: “ In fine,
when reduced to its ultimate and final analysis, the police power is
the power to govern.” The insurance law of the State having, as
this court held, “ a reasonable relation to the protection of the public
health, morals, safety, or welfare, it is not to be set aside because it
may incidentally deprive some person of his property without fault
or take the property of one person to pay the obligation of another.”
The Montana statute was opposed on the ground that it was not
designed to prevent the evils growing out of and incident to the
present system of actions for fault, because it does not abolish such
actions. In passing the court remarked that if the act has a reason
able tendency to accomplish the desired result it ought to be upheld
as within the police power. Aside from the humanitarian features
of the law which provided prompt and certain relief for injured
workmen, which might be regarded as a matter of private benefit,
this opinion considered the view that the act might be fairly con
strued as an attempt to prevent persons injured in coal mines and
their dependents from becoming pubUc charges.
Any measure which tends to minimize indigency of necessity
raises the general standard of the people; any statute which has a
tendency to reduce the present enormous expense of operating our
courts would seem to be presumptively a proper exercise of the police
power. * * * In our judgment the general scheme of this act
is well within the police power of the State. If the people, represented
by their legislature, are of opinion that the public interests demand
that industrial insurance ought to be substituted, in whole or in part,
for actions for wrongs, this court certainly can not say that they
are in error.
Other opinions reached the same conclusions by practically the
same arguments,' the laws being regarded as calculated to serve the
public welfare. The New York court, however, says: “ We have
triod to make it clear that in our judgment this statute is not a law of
regulation. It contains not a single provision which can be said to
make for the safety, health, or morals of the employees therein speci

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fied, nor to impose upon the enumerated employers any duty or obli
gation designed to have that effect.” The recent decisions by the
Supreme Court relied upon in other opinions as supporting the views
adopted as to the police power (Noble State Bank v. Haskell, 219
U. S. 104, 31 Sup. Ct. 186; Assaria State Bank v. Dolley, 219 U. S.
121, 31 Sup. Ct. 189) were referred to, but of them it was said:
“ We can not recognize them as controlling of our construction of our
own constitution.”
The Supreme Court of Washington (State v. Mountain Timber Co.,
135 Pac. 645), called upon to reconsider its earlier decision on the
constitutionality of the industrial insurance law of that State, had
before it objections on the ground that the act violated article 4,
section 4, of the Constitution of the United States, which guarantees
for the State a republican form of government; that it violated the
fourth amendment to the Constitution, which secures all persons
against unreasonable searches and seizures of their persons and effects;
that it violated the fifth and seventh amendments in depriving the
plaintiff of property without due process of law, and for a public
use without just compensation, and also without the right of trial by
jury; and lastly, that it violated.the fourteenth amendment in grant
ing privileges and immunities, and depriving the plaintiff of property
without due process of law, and also depriving him of equal protection
of the laws.
The court recognized that not all these points had been considered
in detail in the case, State ex rel, Davis-Smith Co. v. Clausen, but said,
“ When we say that we sustain a law by reference to the police power
that might otherwise be in conflict with some provision of the Con
stitution, it would seem that every incident to that law, as well as
all methods necessary to make it effective, are likewise exempted
from the prescriptions and limitations of the Constitution. The legis
lature has adopted the idea of industrial insurance, and seen fit to
make that idea a workable one by putting its execution, as well as
its administrative features, in the hands of a commission.”
The court then cited a number of cases on the subject of the police
power, quoting therefrom to show its development and application
under the conditions. “ Having in mind the sovereignty of the State,
it would be folly to define the term. To define is to limit that which,
in the nature of things, can not be limited, and which is rather to bo
adjusted to conditions touching the common welfare, when covered
by legislative enactment. The police power is to the public what the
law of necessity is to the individual. It is comprehended in the
maxim, Salus populi suprema lex. It is not a rule; it is an evolu
tion.”
It was further said that “ To hold the idea of industrial insurance
to be constitutional, and to hold its incidents and machinery when

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

molded into law to be inoperative because of some constitutional
limitation, would lead to absurd results.” The court then unani
mously upheld the judgment from which the appeal was taken,
declaring that the power to provide for the execution and administra
tion of the law had been sustained in a previous decision, Davison
v. Walla Walla (52 Wash. 453, 100 Pac. 981), and cases cited; that
the constitutional provision as to the right to a trial by jury has no
application in the State courts or to prosecutions for the violation of
State laws, citing State v. McDowell (61 Wash. 398, 112 Pac. 521),
and that the contention that the industrial insurance law is in viola
tion of a republican form of government needs no discussion, citing
Pacific States Telephone & Telegraph Co. v. Oregon (223 U. S. 118,
32 Sup. Ct. 224) and Kieman v. Portland (223 U. S. 151, 32 Sup. Ct.
231). In their concluding paragraph the court said, “ We recognize
that this case is appealed to this court in order to bring it to the future
attention of the Supreme Court of the United States,” and concluded
with citations of the decisions of the various courts sustaining com
pensation laws and other decisions bearing on points of law of like
nature.
PARTICULAR PROVISIONS OF THE LAWS.

Arising out o f a n d in t h e Course o f Employment.—A number
of points presented by the phraseology of the laws, involving matters
of less general effect, have been discussed in cases before the courts of
last resort. Thus, in the case Bryant v. Fissell (86 Atl. 458), the
Supreme Court of New Jersey considered the effect of the words
“ arising out of and in the course of employment” as limiting acci
dents to be compensated. In this case Bryant was a workman em
ployed by Fissell as a journeyman carpenter at work on a building
on which an independent contractor was engaged in connection with
the ironwork. Bryant’s death was caused by the falling of a piece
of metal upon him through the action of an employee of such other
contractor, and Fissell claimed that the injury was not one that arose
out of and in the course of his employment. The phrase is one that
occurs in the British compensation law, and the court in construing
it cited a number of English cases. Following these citations the
court said: “ We conclude, therefore, that an accident arises ‘ in the
course of the employment’ if it occurs while the employee is doing
what a man so employed may reasonably do within the time during
which he is employed and at a place whore he may reasonably be
during that time. That the findings of fact in the present cases justify
the conclusion that the accident to Bryant occurred ‘ in the course of’
his employment is beyond dispute.”
Further discussions and citations referred to the meaning of the
words “ out of,” after which the court said: “ We conclude, therefore,

w o r k m e n ' s COMPENSATION LAWS— UNITED STATES.

that an accident arises ‘out of’ the employment when it is something
the risk of which might have been contemplated by a reasonable per
son, when entering the employment, as incident to it. * * * A
risk is incidental to the employment when it belongs to or is con
nected with what a workman has to do in fulfilling his contract of
service.”
This doctrine was later held to cover the case of a workman who
was killed while crossing railroad tracks on the way from the place of
his employment to the toilet customarily used by persons in his
employer’s service. (Zabriskie v. Erie R. Co., 88 Atl. 824.)
The Supreme Court of Michigan construed as within this provision
of the law of that State the action of a man who was fatally injured
in an attempt to descend from a roof by means of a rope instead of
the ladder provided for the purpose, when summoned to partake of
a lunch provided by his employer. (Clem v. Chalmers Co., 144
N. W. 848.)
A case involving this point came before the Supreme Judicial Court
of Massachusetts (In re Employers’ Liability Assurance Corporation,
102 N. E. 697), the court saying that the injury must rest upon
both conditions. The claim was for a death caused by blows and
kicks of a fellow workman who was “ in an intoxicated frenzy of
passion.” It appeared that the habit of this workman to become
intoxicated and his quarrelsome disposition were known to the em
ployers, and it was said that while “ it may be that upon the facts
here disclosed a liability on the part of the defendant for negligence
at common law or under the employers’ liability act might have
arisen, this decision does not rest upon that ground, but upon the
causal connection between the injury of the deceased and the con
ditions under which the defendant required him to work.” As to
the effect of the words “ arising out of and in course of,” the court
said:
“ It is not easy nor necessary to the determination of the case at
bar to give a comprehensive definition of these words which shall
accurately include all cases embraced within the act and with pre
cision exclude those outside its terms. It i3 sufficient to say that an
injury is received ‘ in the course of’ the employment when it comes
while the workman is doing the duty which he is employed to per
form. It arises ‘ out of’ the employment, when there is apparent to
the rational mind upon consideration of all the circumstances, &
causal connection between the conditions under which the work is
required to be performed and the resulting injury. Under this test,
if the injury can be seen to have followed as a natural incident of the
work and to have been contemplated by a reasonable person familiar
with the whole situation as a result of the exposure occasioned by
the nature of the employment, then it arises out of ’ the employ
ment. But it excludes an injury which can not fairly be traced to
the employment as a contributing proximate cause and which comes
from a hazard to which the workmen would have been equally exposed

BULLETIN OF TH E BUBEAU OF LABOB STATISTICS.

apart from the employment. The causative danger must be peculiar
to the work and not common to the neighborhood. It must be inci
dental to the character of the business and not independent of the
relation of master and servant. It need not have been foreseen or
expected, but after the event it must appear to have had its origin
in a risk connected with the employment and to have flowed from
that source as a rational consequence.”
Applying these principles to the case in hand, the court held that
the injury of the deceased arose out of and in the course of his em
ployment, so that his beneficiaries were entitled to an award under
the act.
The same court held a workman to have been in the course of
employment in a case in which a horse which he was driving ran away
and killed him while on the way to a watering trough where he was to
water the horse in accordance with instructions, even though he
intended afterwards to ride on to his home to get dinner, which would
not have been an act in the course of employment. (Pigeon v. Em
ployers’ Liab. Assurance Corp., 102 N. E. 932.)
W i l l f u l M is c o n d u c t . —The Wisconsin statute provides for com
pensation to employees “ where the injury is proximately caused by
accident and is not so caused by willful misconduct.” In a case
(Nekoosa-Edwards Paper Co. v. Industrial Commission, 141 N . W.
1013) in which the State industrial commission had allowed compen
sation for the death of a workman, the company charged the claim
ant with intoxication and contested the award on the ground that the
board had erred in finding that the deceased was not guilty of willful
misconduct. The court hold that while there was evidence that the
deceased was slightly intoxicated, he was able to take care of him
self and drive his team when last seen alive. It was conceded that
if the court were authorized to review the evidence a different con
clusion might be reached, but within the limited field of their action
under the statute this was not within their powers. “ The industrial
board has jurisdiction to decide whether or not the intoxication
which caused the death or injury was willful, consequently it did not
act in excess of its powers in deciding in the negative in the instant
case.” It was said that becoming intoxicated might be called willful
misconduct, if one intentionally put himself into such a condition
of intoxication that he would be unable by reason of his condition
to care for his own safety or for the safety of others. A distinction
was drawn between such intoxication as would be a misdemeanor
under a statute prohibiting intoxication in a public place so as to
disturb others or to jeopardize safety, and such intoxication as
would be willful misconduct within the meaning of the compensation
act. “ The intoxication might under such circumstances bo the prox
imate cause of an accident resulting in injury or death and yet not
have reached that degree specified in this statute.” There was a

W O BK M E N ’ s COMPENSATION LAWS— UNITED STATES.

strong dissenting opinion, concurred in by three members of the
court.
S a f e P l a c e . —The duty of employers to provide a safe place for
their workmen i3 affected by the compensation acts of some of the
States, and the question of the effect of such provisions in the Wis
consin statute was considered in a case, Tallman v. Chippewa Sugar
Co. (143 N. W. 1054). The law requires “ such freedom from danger
to the life, health, or safety of the employees or frequenters as the
nature of the employment will reasonably permit.” The court de
clared this to be a statutory rule which should receive a liberal con
struction in favor of life, health, and limb, but declined to attempt to
determine the extent to which the statute added to the common law.
In the case in hand the injured man had sued for damages, and it was
held that the presence of wet pulp on the floor of a beet-sugar factory
was, if not a necessary, at least a usual incident of employment, so
that the employer was not guilty of negligence in failing to keep the
floor clear of wet pulp, so that no damages could be allowed.
Another case that may be noted here is one that was brought under
the Ohio statute in a Federal court, McWeeny v. The Standard Boiler
& Plate Co. (charge to the jury furnished by the clerk of the court).
The compensation law of Ohio provides certain benefits for injuries,
with the condition that if the employer has paid his premiums into the
State insurance fund and otherwise complied with the law he shall
not be liable in an action for injuries or death; but if injury arises
through his willful act or the failure of himself or his agents to comply
with the safety statutes of the State, then the employee may either
take compensation under the law or sue for damages. In this case the
workman had been injured by the falling of a derrick which he and
other employees had complained of to their foreman as unsafe, but in
spite of warnings the men had been ordered to continue its use without
any repairs being made. In his charge to the jury the judge stated
that if it appeared simply that the defendant failed to exercise
ordinary care in reference to the derrick and the workmen, there could
be no recovery in damages, as such case would come under the com
pensation law. If, however, the action should be such recklessness as
to indicate utter disregard of the consequences which might probably
follow, then the action of the foreman would be a willful act within
the meaning of the law. The defendant company sought to have a
charge given to the jury to the effect that the foreman must have done
some act or acts “ with the purpose and intention and direct object
in view of inflicting injury upon the men, or some one or more of
them,” before there could be a charge of willful act. This instruction
was refused, and on the instructions given tho jury returned a verdict
of damages for the plaintiff.

BULLETIN OP THE BUBEAU OP LABOB STATISTICS.

L i a b i l i t y o f T h i r d P e r s o n s . —In the case of Bryant v. Fissell
(86 Atl. 458), already noticed, the ncgligenco of the independent
contractor whose employee caused the death by dropping the piece
of metal on the workman below, was offered as a reason why Bryant’s
employer should not be held as the responsible party. The Supreme
Court of New Jersey said on this point that when there has been an
acceptance of the elective compensation system provided by the
act, it is expressly stated that compensation shall be made by the
employer without regard to his negligence. “ The fact, if it be a
fact, that the representative of the decedent has also a right of action
against a third party in no wise militates against the present action.
The act under which this suit is brought, and which at best provides
only for partial compensation, nowhere provides specifically or by
implication that an employee shall be deprived of his right to com
pensation thereunder merely because the accident gives rise to a
right of recovery against a third party.”
Another phase of this general question was discussed in a case
arising under the law of Washington (Meese v. Northern Pacific Ry.
Co., 206 Fed. 222). An action had been brought in the district
court of the United States to recover from a railway company for
an injury caused by the alleged negligence of its employees in
moving Icars in a brewery yard, causing a fatal injury to an em
ployee of the brewery. This action was in damages as against a
third person. The compensation law of the State provides that all
claims against employers for injuries to workmen shall be deter
mined in accordance with the provisions of this act, and civil suits
for damages are abolished, with some exceptions. The statute
provides that if an injury to a workman occurs away from the plant
of his employer, and is due to the negligence or wrong of a third
person, action may be brought against the third person or a claim
made Tinder the compensation law, at the option of the injured
workman or Ms survivors. In the case at hand the injury did not
occur away from, but at the plant of his employer, and the court
held that as the right of action for fatal injuries was entirely a statu
tory one, it was within the power of the legislature to make the pro
visions that it had, and that it was the evident intent to abolish
private controversies and civil actions except as specifically pro
vided for, the case in hand not coming within the exception. Since,
therefore, the provision of the law was thus clear, the remedy by a
claim for compensation was held to be exclusive, and the action
against the railway company was dismissed.
W h o a r e E m p l o y e r s . —The California compensation law of 1911
was an elective statute requiring affirmative action on the part of
the employer. Employers were defined as including the State and
each county, city and county, city, etc., and the question arose in

W O R K M E N S COMPENSATION LAWS— UNITED STATES.

the case of Miller v. Pillsbury (128 Pac. 327) as to the right of an
employee of the State to secure compensation under the law. Miller’s
claim was based on the foregoing classification of the State and its
municipalities as employers under the law, and also on the conten
tion that while private employees had the option of rejecting the
compensation system after their employers had elected it, there
was no such option provided for employees of the State. The
supreme court passing on the law as it then stood observed that no
provision had been made for the State to make its election, if the
law was elective as to it, nor was there any officer named to receive
service of notices mentioned in the act, nor any machinery supplied
whereby the services of the industrial accident board might be
invoked by the State, nor anyone authorized to represent the State
in requesting examinations of employees or the hearing of any con
troversy. The statute was therefore construed as simply setting
up a law under which the State might at some time elect to place
itself when suitablo provisions therefor should be provided by legis
lation adapted to the purpose.
The legislature of 1913 enacted a new law, compulsory in form,
and providing the necessary machinery for the State to participate
in its provisions.
A c t i o n s a n d P a r t i e s . —The nature of the proceedings under
compensation acts received consideration incidentally in a number of
cases, necessarily chiefly of interest as construing the particular laws.
Thus it was decided by the Supreme Court of New Jersey that the
provisions of the law of that State that cases under the compensation
act could be decided in the courts of common pleas in the county was
not complied with by referring the case to the “ court of small causes”
(Parrow v. New York, S. & W. R . Co., 88 A tl. 825). In Hoey v. Supe
rior Laundry Co. (88 Atl. 823), an award in favor of an infant was
contested on two grounds, one, that the statutory presumption that
any contract of hiring is made with reference to the provisions of the
act in the absence of express provisions to the contrary could not be
binding on a minor. The court held that the common-law disability
of a minor was properly cared for by the statute, and furthermore that
infancy was a personal privilege to be taken advantage of by the
infant himself, if desired, and that no other party was entitled to
bring the matter into consideration.
The provision of the statute that where there is a dispute over
claims the matter may be referred by petition to the judge of the
court of common pleas, with the necessary facts in the case, who shall
proceed to hear and decide the matter in a summary manner, was held
to have the same effect as the determination of an ordinary suit at
law for damages.
30597°— Bull. 126—14------ 7

BULLETIN OF THE BUBEAU OF LABOK STATISTICS.

A c t in E f f e c t . —In a case before the Supreme Court of New Jersey
(Sexton v. Newark District Telegraph Co., 86 AtL 451) the point
was raised that the statute impaired the obligation of a preexisting
contract. The principal law was approved April 4, 1911, to take
effect July 4 of the same year. On May 2, 1911, a supplemental law
was approved providing that all contracts of hiring then existing or
made or implied prior to the time limit for the act to take effect
should be presumed to continue after such date, but subject to the
provisions of the principal statute unless notice to the contrary was
given in prescribed form; the supplement was also to take effect on
July 4. The contract of employment of the deceased workman in
this case was made on May 23, 1911, and the court held that with
the elective privilege extended in the law there was no interference
with the contract, nor should the contract be classed as a preexisting
one.
Although the supplement provided that it should take effect on
July 4, it made ample provision whereby either Sexton or the prose
cutor [employer], in entering into the contract of May 23, 1911,
might prevent it from becoming subject to the provisions of section 2
[the compensation law], either by so providing in the contract itself,
or by giving notice to that effect prior to the occurrence of an acci
dent, and that they did not do. * * * We think it may be
fairly said that although the supplement did not become effective
until July 4, 1911, it had a potential existence from the date of its
approval, and that for a period of upwards of two months both
employers and employees were put on notice of the presumption of
the act and what it was necsesary for them to do i f it was desired
that the presumption should not apply.
Inasmuch as the accident causing the death occurred on the after
noon of the first day on which the act became effective, it was claimed
that the giving of notice of rejection was impossible, since the pro
vision for terminating agreements called for a notice of 60 days prior
to the occurrence of any accident. It was pointed out by the court,
however, that the supplement only called for written notice prior
to the accident; and as no such notice was given at any time, the
contract necessarily operated under the provisions of the compen
sation law, which operation was solely due to the failure of the
employer to give notice, as he might, of his unwillingness to accept
its provisions.
This question arose also in a case under the Washington statute in
which contractors with the city of Seattle intervened in an action by
the city to oppose the payment of premiums to the State insurance
fund (State v. City of Seattle, 132 Pac. 45). The contracts in ques
tion were entered into after the passage of the act, but before it went
into effect. The work was begun also before the law became operative,
but not completed until after that time. It was contended that the

W O R K M E N 'S COMPENSATION LAWS— UNITED STATES.

act violated the obligations of the contracts in question. As to this,
however, the court held that the act being a valid exercise of the
police power of the State all contracts were subject to it, even though
the effect of such legislation as might be enacted would be to render
less valuable certain contracts between individuals or even to totally
abrogate them. “ If the principle were not sound, the result would be
that individuals and corporations could, by private contract between
themselves, in anticipation of legislation, render of no avail the
police regulations of the State, no matter how vital or necessary such
regulations might prove to be for the public good.”
Another point involved in this case was as to the method of col
lection of the premiums, the law providing for an advance payment
to be “ preliminarily collected upon the pay roll of the last preceding
three months of operation.” As a matter of fact no preliminary
collection was made, the commission waiting until the completion of
the work and collecting on actual pay rolls during the period of the
operation of the law. This the court held to be not in violation of
the law, there being no waiver of the right to collect by failing to
collect in advance of the actual work.
C o m p e n s a t io n . —The determination of the amount of compensa
tion was a question that arose in several cases. The law of New
Jersey fixes a schedule of benefits for designated injuries, and pro
vides that other injuries shall be proportionately compensated.
Under these provisions the supreme court reversed a judgment
allowing more for a stiffened ankle than the schedule allowance for
an amputation between the knee and the ankle, leaving for the
trial judge to decide on reconsideration whether the award should
equal such amount, or be less. (Rakiec v. D., L. & W. R. Co., 88
Atl. 953.).
In the case of Nitram Co. v. Creagh (86 Atl. 435) an employee
was injured by the crushing of certain fingers of his hand, causing
a temporary total disability of approximately six months, and
also a partial but permanent disability due to the injury to the
fingers. The law provides for compensation for total temporary dis
ability at a rate based on the injured employee’s earnings, and, in
another clause, for compensation in amounts determined on the basis
of a percentage of the employee’s wages payable for fixed periods of
time for different specific injuries. Under the law of New Jersey,
awards, if not otherwise agreed upon, are made by the judges of the
courts of common pleas. In the case in hand the award for total
disability for the term of its continuance was made, and in addition
to this the award under the subsequent clause for permanent disa
bility partial in character. To this the employer objected that
compensation could be awarded only under a single clause, which

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contention the supreme court rejected, sustaining the principle of a
combined award, one for total disability during its continuance and
one for the partial disability that remains after any degree of maiming.
Much the samequestion was involved in the case of George W. Helme
Co. v. Middlesex Common Pleas (87 Atl. 72), in which an injury
involving several fingers was compensated for under provisions of
the law which designate the amount to be paidfor each separate injury.
The injury consisted in the loss of parts of the second and fourth
fingers and all of the third finger, and separate awards were made
according to {he schedule for each finger. It was claimed by the
employer that as all three fingers were injured in the same accident,
the time should run concurrently, so that during the first 15 weeks
there would be a total computed compensation of $13.20, reduced to
$10 per week by the maximum limitation of the statute, while for
the succeeding weeks during which any compensation was allowed
there would be the concurrent operation of awards for the designated
injuries. This contention was denied in the trial court and on appeal
in the Supreme Court of New Jersey.
On this point the court said: “ The fallacy consists in regarding
these statutory awards for permanent-injury payments for the
employee’s time as though the disability were temporary only,
whereas they are in reality § statutory method of ascertaining the
damages by a specified multiple of the weekly wage, payable normally
in weekly installments and reduced to present value if commuted to
a lump sum.” The award did not designate the order in which the
weekly payments are to be made, and the supreme court suggested
that it would be proper to direct that the principal injury should first
bo compensated for and the two minor injuries in succession there
after. It may be noted that the law of this State was this year
amended so as to make benefit payments consecutive and not con
current, allowing first for the temporary total disability and sub
sequently for such payments as are awarded as compensation for
partial permanent disability.
The law of this State provides for no benefits during the first two
weeks’ duration of a disability except medical and surgical attendance;
it also fixes the compensation for the loss of an index finger at 50 per
cent of the daily wages during 35 weeks. It was claimed in the case of
James A. Banister Co. v. Kriger (85 Atl. 1027) that the effect of
these two provisions was to require medical attendance, etc., for two
weeks, this period to be deducted from the term of compensation
payments. This contention the court rejected, saying: “ This is not
the language of the statute, and we think is not the intent of section 13.
It is more probable that the intent of that section was to exclude
allowance for compensation in the case of a temporary disability

w o r k m e n ' s COMPENSATION LAWS— UNITED STATES.

101

lasting less than two weeks except for medical and hospital services
and medicines.”
The statute involved in this case provided that “ the loss of the
first phalange of the thumb or any finger shall be considered to be
equal to the loss of one-half of such thumb or finger, and compensa
tion shall be one-half the amounts above specified.” It also pro
vided for a minimum benefit of $5 per week. The claimant’s wages
were but $8.50 per week, 50 per cent of which would be less than $5,
the prescribed minimum. The court held that the minimum pro
vision controlled, and awarded compensation at the rate of $5 per
week for 35 weeks, to which the employer objected, claiming that
the actual amount paid should be but half the amount that would
have been paid for the loss of the entire finger. The court held,
however, that the award had been properly made under the law and
that the solution of the difficulty suggested by the employer’s attor
neys, that the minimum rate per week might be paid but for onehalf the number of weeks as for the loss of an entire finger, was held
to be not in accordance with the terms of the law. It may be noted
here also that an amendment of 1913 accepts the construction placed
upon the act by the court as to the controlling effect of the provision
for a m in im u m , but provides that for the loss of a single phalange
the payment shall be for one-half the number of weeks as for the
whole finger.
Another point involved in the foregoing case was as to the calcu
lation of lump-sum payments, the trial judge having simply multi
plied the weekly minimum by the number of weeks for which pay
ments were to be made. The supreme court ordered the calculation
to be made so as to determine the present value of future payments
as the basis of a cash settlement.
The New Jersey statute provides for the award of a lump sum in
lieu of periodical payments when such commutation is “ in the interest
of justice,” but this is “ to be allowed only when it clearly appears
that some unusual circumstances warrant such a departure.” Under
this provision, and that requiring the conclusions of the trial judge
to be in writing and to contain a statement of the facts determined
by him, it was held by the supreme court of the State (New York
Shipbuilding Co. v. Buchanan, 87 Atl. 86) that a general award
unsupported by specific findings of fact did not afford a legal basis
for a lump-sum payment.
Similar defects appeared in Long v. Bergen County Court of Com
mon Pleas (86 Atl. 529), since the trial judge merely stated that the
facts in the petition were true, that the claimant was permanently
partially disabled, and that his damages were assessed at a named
fixed Bum. This was held by the supreme court to come short of tho

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requirements of the statute, since it offered nothing as a basis of con
sideration by the reviewing court and did not state the award in the
terms of admeasurement prescribed by the act.
Under the Wisconsin statute benefits are payable for partial dis
ability at the rate of 65 per cent of the weekly loss of wages during
the period of such partial disability. This weekly loss of wages is to
be computed so as to fairly represent the “ proportionate extent of
the impairment of his earning capacity in the employment in which
he was working at the time of the accident,” to be determined in
view of the nature and extent of the injury. In the case Mellen
Lumber Co. v. Industrial Commission of Wisconsin (142 N. W. 187),
a shingle sawyer employed by the company lost by accident the
thumb and index finger of his left hand, totally incapacitating him
from again following the occupation of shingle sawyer. It was held
that the act warranted a payment as for a total disability without
deductions for the recognized fact that at some occupations the
injured man might be employed at a lower rate of earnings, the con
clusion being based on the provision of the law that his earning
capacity in the employment in which he was working at the time of
the accident was terminated. The court admitted that it was not
very probable that it was intended to give an injured employee who
lost a thumb and finger the same compensation as if he had been
totally incapacitated for any kind of work, but held that the remedy
was with the legislature and not with the court. The amending
statute of 1913 adopts a schedule of compensation for specified
mannings, so that the award becomes proportional to the injury and
the difficulty in the foregoing case can not recur.
The determination of benefits payable to survivors of deceased
employees was the subject of several cases arising under the New
Jersey statute, which in its original form did not make a clear pro
vision for the various classes of survivors. Thus in the case of a
dependent mother where the deceased employee left no widow
(Blanz v. Erie R. Co., 85 Atl. 1030), it was held by a judge of the
common pleas that the failure to make a specific provision for a case
of this kind left applicable only that section of the law which allows
benefits in the amount of $200 in cases in which there are no de
pendents surviving.
The mother appealed, and the supreme court took the view that
the object of the law was clearly to award compensation to actual
dependents, and while it made no specific stipulation for a mother
alone, it contained no language expressly excluding her if there is no
widow, provided, of course, that she is an actual dependent. The
basis of compensation was found in the provision that if there should
be a widow alone the award would be 25 per cent of the workman’s
wages, and if a widow and father or mother, 50 per cent. It was

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therefore decided that the legislature intended to allow compensation
in the amount of 25 per cent where there was a mother alone or a
father alone, and the record was returned to the court below for
further proceedings in accordance with this conclusion.
The circumstances and conclusion are identical in the case Quinlan
v. Barber Asphalt Paving Co. (87 Atl. 127) and the case McFarland
v. Central R. Co. (87 Atl. 144), except that in the Quinlan case
there were brothers and sisters of the deceased who were not, however,
dependent. In the case Tischman v. Central R. Co. of New Jersey
(87 Atl. 144) the judge of the court of common pleas had allowed 50
per cent of decedent’s wages in a case in which there was no widow,
but both parents survived and were dependent. This allowance was
held by the supreme court to be excessive, and was reduced to 25
per cent on the basis of the reasoning in the Blanz case. On this
point also the law has been amended so as to make specific provision
for dependents of the various classes.
In the case Boyd v. Pratt (13ft Pac. 371) the construction of the
Washington statute as to the duration of benefit payments where
the deceased employee was a minor on whose earnings his mother
was dependent was the question before the court. The deceased
was 19 years of age, and on the occurrence of his death by accident
an order was made providing for payments to his dependent mother
until such time as he would have arrived at the age of 21 years.
From this order of the industrial insurance department an appeal
was taken to the court, where the order of the department was
reversed and a new order entered allowing monthly payments as long
as dependency should continue. The statute in question provides
that dependents shall receive during dependency 50 per cent of the
average monthly support received during the preceding 12 months,
but not in excess of $20 per month. It also provides that in the
case of the death of unmarried minors their parents shall receive $20
per month for each month after the death until the time at which
the deceased would have arrived at the age of 21 years. The Supreme
Court of Washington construed the latter clause as being based on
the parents’ right to the earnings of a minor and not involving the
question of dependence. Where, however, there was actual depend
ence, as in the case in hand, the question of minority was not con
trolling, and the case would come under the general provision relating
to dependence. The judgment of the lower court was therefore
affirmed.
Still another phase of the question of the computation of benefits
was considered by the Supreme Judicial Court of Massachusetts in a
case, Gillen v. Ocean Accident and Guarantee Corporation (102 N.
E. 346). In this case the claimant was a longshoreman employed by
a company which was insured with the insurance corporation named.

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BULLETIN OP THE BUBEAU OP LABOR STATISTICS.

His employment being irregular, the question arose as to the amount
of compensation payable under the Massachusetts law, the basis
provided by the statute being the average weekly wages, for the
determination of which various methods are indicated. Owing to
the circumstances of the company’s business, Gillen while working
for it received not more than $8 weekly, while in employments at
other jobs his average earnings were $13 per week, which was the
average weekly wage earned by other longshoremen in the same class
of employment and in the same district. Benefits payable being 50
per cent of the average wages, the insurance company contended that
they were liable only to the amount of $4 per week, while the plain
tiff Gillen claimed $6.50 per week as being one-half his average weekly
earnings as longshoreman from all sources. The latter view was the
one adopted by the lower court and sustained by the supreme judicial
court, this court holding that the law does not restrict consideration
of what constitutes weekly wages to a single employer, but took into
consideration the custom of the employment and had regard for all
the wages which the employee received. It was held that this was a
case where the condition of the workman is one of continuous labor
in regular employment with different employers. “ The loss of his
capacity to earn, as demonstrated by his conduct in such regular
employment, is the basis upon which his compensation should be
based.”
The question of the expense of medical and surgical services was
involved in the case City of Milwaukee v. Miller (144 N. W. 188). The
statute of Wisconsin provides that such medical and surgical treat
ment, supplies, etc., as may be reasonably required during the first
90 days of disability shall be provided by the employer. In case of
his neglect or refusal seasonably to do so, he is to be liable for the
reasonable expense incurred by the employee in securing such treat
ment for himself. This was held by the supreme court not to war
rant the allowance of a claim for services rendered by a physician
employed by the claimant, Miller, who gave no notice to the city of
his desire for medical attendance, and continued the employment of
his physician after the city had voluntarily offered the services of a
competent physician. The time during which the claimant could
properly employ a physician was held to be limited to such reason
able time as necessarily intervened between his injury and reasonable
opportunity, after due notice, for the city to exercise its privi
lege of furnishing a physician. The injury was a comparatively
slight one, and the industrial commission had regarded the charges as
quite large, but accepted the attending physician’s evidence as con
trolling in the matter, on account of his greater experience as com
pared with the city’s physician, who had testified that practically onefourth the amount of the claifti would have been adequate as the

w o r k m e n ' s COMPENSATION LAWS— UNITED STATES.

105

cost of medical attendance. As to balancing the evidence in such
a case the court said that where there were great doubts as to the
amount, and the truth of the matter rested solely on the word of the
interested party, opposed by the evidence of a competent witness
who had little or no interest in the result, there should be much
hesitation and generally a refusal to decide the matter wholly against
the defendant, adding that one who, by reason of special knowledge,
might be competent to give opinion evidence might deal in such
exaggerations, especially when they favor his selfish interests, as in
this case, as to render his evidence of little or no value; it was
also B aid that it did not devolve upon the city to exercise active
vigilance to discover the necessities of injured employees, since the
language, “ neglect or refusal seasonably to do so,” was held to neces
sarily imply that reasonable notice should be given of the employee’s
needs and of his desire for treatment.
It was held, therefore, that the act did not authorize the payment
of medical and surgical costs incurred under the circumstances, and
the compensation awarded was confirmed only as to the actual com
pensation benefits approved by the industrial commission, plus the
cost of bandages and supplies.
The effect of deferring consent to a serious surgical operation was
considered in a case (Jendrus v. Detroit Steel Products Co., 144 N. W.
563). The Michigan statute provides for medical treatment to be
furnished by the employer, and the physician employed in this case
urged an immediate operation as offering the only opportunity for
saving the injured man’s life. Assent was refused at first, but given
the next day. The injury was to the intestines, and peritonitis had
set in at the time the advice to operate was first given. Vomiting
followed, becoming fecal in its nature. Pneumonia next devel
oped, caused, as claimed by all the surgeons who testified, by the
entrance into the lungs of this fecal matter. The operation was
apparently followed by a measure of favorable results, but death
ensued in a few days, chiefly due to the pneumonia.
Under these circumstances the employer contended that the action
of the injured man in delaying the operation was so unreasonable
and persistent as to defeat the claim to compensation made by his
widow. In affirming an award of the arbitration committee, ap
proved by the industrial accident board, the court took into consid
eration the fact that the injured man was a foreigner, little able io
understand what was being said, in great pain, and unacquainted
with his surroundings, and decided that it could not be held, as a
matter of law, either that the conduct of Jendrus was so unreason
able and persistent as to defeat the claim for compensation by his
widow, or that in his delay in assenting to the operation he was
guilty of intentional and willful misconduct.

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BULLETIN OF THE BUREAU OF LABOR STATISTICS.

D e p e n d e n c e .— It follows from the decision in the case of Blanz v.
Erie R. Co., already noted, that where dependence is actual and
the law clearly contemplates compensation to actual dependents,
specific statutory provision is not necessary. In another case before
the same court (Miller v. Public Service R. Co., 85 Atl. 1030), the
question arose under the law of New Jersey as to the amount payable
in a case where the decedent left a childless widow and a father,
brothers, and a sister. As already noted, the widow was entitled
under the law to a benefit of 25 per cent of her deceased husband’s
wages, while if there was also a dependent parent, the compensation
would be 50 per cent. The court below made an award of 50 per
cent of the deceased workman’s wages on the ground that besides a
childless widow there was a father surviving. This ruling was held
by the Supreme Court of New Jersey to be erroneous, the mere fact
of relationship not being controlling, but a showing of actual depend
ence. So under the law of Rhode Island, where a son had lived with
his father and contributed to the family earnings, compensation for
dependence was not allowed on a showing that after the son’s death
the family was supported by the father’s earnings, with a margin of
weekly savings. (Dazy v. Apponaug Co., 89 Atl. 160.)
In another case (Reardon v. P. & R. R. Co., 88 Atl. 970), the em
ployer contested an award under the law of New Jersey for the death
of an unmarried workman. The court held, however, that since the
father had been dependent on his son’s earnings an award in his
behalf was valid. Another case before the Supreme Court of New
Jersey (Batista -p. West Jersey & S. R. Co., 88 Atl. 954) resulted in
reversing a judgment which awarded compensation to a widow who
had been abandoned some years before her husband’s death, the
latter having lived unlawfully with another woman whom he had
supported and who had borne him children.
The question of dependence was also involved in a case arising
under the Wisconsin statute (Northwestern Iron Co. v. Industrial
Commission of Wisconsin, 142 N. W. 271.) In this case the benefi
ciary was a nonresident alien, widow of the deceased workman. The
deceased workman had made two remittances to his wife during the
time of his employment, at intervals of three months, having made
the statement that if he did not send money every three months, his
wife could not make a living. On the facts the industrial commission
ruled that the husband and wife were living together within the
meaning of the statute, and that she was therefore an actual depend
ent entitled to the benefits provided by the law for such persons.
The employing company appealed from this ruling and it was set
aside by the circuit court as being in excess of the powers of a com
mission and contrary to the facts. The supreme court considered
the language of the law which provides for a conclusive presumption

• w o r k m e n 's COMPENSATION LAWS— UNITED STATES.

107

of the dependence of a wife upon a husband with whom she is living
at the time of his death. Speaking on this point, the court said:
“ Proof of total dependency is dispensed with under the statute where
the husband and wife are ‘living together’ at the time of the death
of the injured employee. It seems, therefore, quite obvious that the
legislature intended by the use of the words to include all cases where
there is no legal or actual severance of the marital relation, though
there may be physical separation of the parties by time and distance.
The ‘ living together’ contemplated by the statute, we think, was
intended to cover cases where no break in the marriage relation existed
and therefore physical dwelling together is not necessary, in order to
bring the parties within the words ‘ living together’.” The judgment
of the circuit court was therefore reversed and the award of the
industrial commission directed affirmed.
The Massachusetts law declares a presumption in favor of the
dependence of the widow of a deceased workman and of “ a child or
children under the age of 18 years * * * upon the parent with whom
he is or they are living at the time of the death of such parent, there
being no surviving dependent parent.” Under this provision of the
act it was held that a divided award to a widow and to a child under
18 years of age residing with her was not in accordance with the
terms of the law, since the child would be a beneficiary only in case
there was no surviving dependent parent, the widow in the present
instance being entitled to the entire amount of the benefits (In re
Employer’s Liability Assurance Corporation, 102 N. E. 697).
Another case under the law of Massachusetts (Coakley v. Coakley,
102 N. E. 930) involved the correlative rights of a dependent
daughter of a deceased workman and his widow and children by a
second marriage. It was held that the daughter was entirely or
phaned and a dependent to share equally with the widow, even
though there were also dependent children of the deceased dependent
on her, the widow and the orphaned daughter representing a case in
which “ there is more than one person wholly dependent,” between
whom the law provides that the death benefit should be equally
divided.
S c o p e o f L a w s . —The effect of the compensation law of New
Jersey on contracts entered into in another State but performed
within the boundaries of the former State was considered in a case
that was before the appellate division of the Supreme Court of New
York (Pensabene v. F. & J. Auditore Co., 140 N. Y. Supp. 266).
The company was a New York corporation with power to conduct its
business in any of the States, “ but always subject to the laws thereof.”
The business of the company was that of loading and unloading
vessels in the harbor in and around the city of New York, and in the
case in hand work was being done within the limits of the State of

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BULLETIN OF TH E BUBEAU OF LABOR STATISTICS.

New Jersey. The injury was a fatal one and action was brought by
the administrator to recover under the provisions of the workmen’s
compensation law of New Jersey. The court held that the law
applied only where a contract of hire was made in the State itself.
The contention was made that the New York court had jurisdiction
on the theory that a foreign law not contrary to the public policy of
the State or to abstract justice or pure morals, or calculated to injure
the State or its citizens, should be recognized and enforced in the
State of New York if its courts had jurisdiction of the necessary par
ties, and procedure could be had consistently with the forms of
law of the State. Conceding this rule to be of application in the
proper circumstances, the court held that there was in the State of
New York no valid statute “ which in any manner resembles the New
Jersey act here under consideration.” Considering the case as it
stood, the court ruled that “ the plaintiff Would have no'cause of
action under the same or substantially the same state of facts, and
upon the theory which he presents, were the entire transaction
confined to the State of New York, and it is not the province of the
courts of this State to take jurisdiction to enforce the special policy
of the State of New Jersey, and the act in question is, under the doc
trine of the Ives case [Ives v. South Buffalo It. Co., 201 N. Y. 271,
holding the compulsory law of New York unconstitutional], open to
objections of attempting to take property without due process of law,
both under the constitution of this State, and the fourteenth amend
ment of the Constitution of the United States.”
The question of extraterritorial jurisdiction was before the Supreme
Judicial Court of Massachusetts in the case, In re American Mutual
Liability Insurance Co. (102 N. E. 693). In this case the parties
in interest were residents of the State of Massachusetts and had
accepted the provisions of the compensation law of the State. The
death, however, occurred while the workman was rendering service to
his employer in the State of New York, his employment occasionally
leading him to service in that State and in other States. The indus
trial accident board of the State found that the insurance company
had been paid -by the employer for insuring all injuries received by
its employees in the course of their employment, whether within or
without the Commonwealth. The supreme court, however, declined
to accept this fact as binding, and held that the scope of the law
itself must determine, and from a consideration of all its terms it
was decided that the law had no effect as to injuries outside the
State and that the company was not liable in the case in hand.
The question arose as to the application of the statute of Wash
ington to the case of a seaman injured while employed in interstate
commerce. Owing to diversity of citizenship, action was brought in

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109

a district court of the United States, the plaintiff suing to recover
damages in an action at law (Stoll v. Pacific Coast S. S. Co., 205 Fed.
169). The company raised the point that the employment in which
the plaintiff was engaged was covered by the compensation statute
of the State. The plaintiff objected, claiming that he had a right to
have his case decided in a United States court on account of the di
versity of citizenship. To this the court replied that that might be
true if the right of action remained, but that the compensation law
of the State had abolished suits for damages as against employers.
Another contention was that the law was not applicable to employ
ment in interstate commerce. On this point the act provides that its
provisions “ shall apply to employers and workmen engaged in intra
state and also interstate or foreign commerce, for whom a rule or lia
bility or method of compensation has been or may bo established by
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.” The
court held that taking the law as it stood in all its points it was in
tended to legislate for all persons engaged in the extrahazardous em
ployments enumerated in the act, and that Congress having in no
way legislated in the particular premises, the State had the right to
enact laws incidentally affecting such commerce. It was held, there
fore, that any right of recovery which the plaintiff might have would
be by way of a claim under the compensation law of the State.
In another case arising in the same State (Peet v. Mills, 136 Pac.
685) a railway employee sought to hold the president of a railway
company personally liable for his injuries, claiming that though
actions against the employing company were abrogated, the presi
dent could be sued on an individual liability. This the court denied,
emphasizing its ruling as to the constitutionality of the law given in
the case State v. Clausen (65 Wash. 156, 117 Pac. 1101), and declaring
the new remedy to be exclusive. A provision of the same statute
permitting employees to sue an employer who is delinquent in
premium payments was held not to warrant such a suit where the
delinquent employer makes good his shortage within the period
allowed by the rules of the State insurance commission for such pay
ments after notice of delinquency. (Barrett v. Grays Harbor Com
mercial Co., 209 Fed. 95.)
Various other points of minor importance, involving procedure
and the powers of the different boards under their specific limita
tions, were discussed in a number of cases. It has already appeared
that the final form for legislation of this class has not been arrived
at, cases having been cited in which the construction of the courts
was subsequently adopted in amendatory legislation. This agrees

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BULLETIN 01? THE BUBEAU OF LABOB STATISTICS.

with the remark of the court in the case Nitram Co. v. Creagh, supra,
in which it was contended that an absurd result would follow from
the construction put upon the law by the court. In affirming the
judgment of the court below the court said that both the language
and the spirit of the act apparently favor the construction put upon
it by the trial judge; “ if the act works unscientifically, absurdly,
or unjustly, that is for the legislature to correct.” So also the
Washington supreme court in the case Davis-Smith v. Clausen
held that the mere wisdom of a statute was a question which the
courts would be slow to inquire into, and if the administration of
a law was unduly costly or cumbersome it was for the legislature
to make the proper changes in the light of practice. In accordance
with such views, both as worked out by the courts and as arising
from the experience under the laws, it may be confidently expected
that satisfactory systems of compensation will be developed, cer
tainly corresponding far more closely to the present-day needs than
does the system of employers’ liability or negligence.
EXPERIENCE UNDER THE ACTS.

Reference to the chart facing page 48 will disclose the date on which
each of the laws on this subject came into effect, and it is apparent
that no large amount of experience has been had under them up to
the present time. Also in only a few States is there any central
office to which reports must be made, so that statistical data can
not be expected in a number of cases. There is at hand, however, a
sufficient amount of material to indicate something of the scope and
results of the laws in operation, and this material will be taken up
for each State in alphabetical order, omitting, of course, those States
for which no information is available.
CALIFORNIA.

The law of California contained a provision for an industrial acci
dent board to which disputes were to be referred, and which was
charged with general powers in connection with the administration
of the law, its decisions being subject to appeal to courts. It was
not required that all accidents or settlements be reported to this
board, so that no statistics are available. The board has furnished,
however, a number of rulings and tentative suggestions as to the
application of the law. These are of less value at the present time
on account of the enactment of an entirely new law by the legis
lature of 1913, in accordance with the authority granted by an
amendment to the constitution authorizing a compulsory system.
The name of the administrative board is changed to industrial acci
dent commission, and its powers are considerably enlarged.

WOBKMEN ’ s COMPENSATION LAWS— UNITED STATES.

MARYLAND.

The compensation law of Maryland enacted in 1912 can hardly
be described as any more than a law permitting insurance on com
pliance with certain conditions, after which the employer is to be
relieved from his liability in actions at law. The law provides for
an elective system, and in the month of July, 1913, it was reported
that no employer had come within the act, since during its passage
through the legislature the bill was so amended as to depart from
its original purpose and “ to become unworkable in practice.” A
commission appointed by the governor is charged with the prepa
ration of a bill on this subject to be submitted to the State legis
lature in 1914.
MASSACHUSETTS.

The law of Massachusetts came into effect July 1, 1912, so that
the first year of operations thereunder has been completed at the
date of this publication. Statistical data, however, are not yet
available for the full period, though a bulletin of the date of Feb
ruary, 1*913, makes a tentative report for the first four months of
operations. The act is elective as to compensation features but
requires the reporting of accidents from all employers, and it was
estimated by the industrial board charged with the administration
of the act that between 60 and 70 per cent of the employers in the
State are now insured under the statute. While exact knowledge
of the number of employees covered by the system would not be
available before the end of the first year, 500,000 was named as a
safe minimum. While it was recognized that certain summaries
and comparisons would be impossible until a full year had been
completed, the board decided to attempt to secure exact figures
showing the experience of four months for a variety of occupations
collected to represent the principal industries of the State, includ
ing not less than 25,000 employees. Data were secured for 25,803
employees.
Under this act insurance may be carried in an approved insurance
company or in the Massachusetts Employees’ Insurance Associa
tion. Most of the companies whose employees are included in the
number under consideration were insured in regular companies at
the regular schedule rate. An urban railroad was insured in the
employees’ insurance association at the premium charge of $1.50
per $100 of pay roll, or about 22 per cent of the regular stock-company premium rate of $6.75 per $100 of pay roll. The accident
rate for the four months under consideration was unusually heavy
for this company and absorbed 63.4 per cent of the premiums actu
ally charged, amounting to $41,495.13. If the regular stock com
pany’s premiums had been collected, it would have amounted to

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BULLETIN OP TH E BUBEAU OP LABOB STATISTICS.

$180,037, of which but 14 per cent would have been required to meet
the compensation demands.
The following table gives, by establishments, the total number
of employees under consideration, the number of accidents, and
the per cent of employees injured by accidents, the premiums and
benefits paid, etc.:
ACCIDENTS, PREMIUMS, AND COMPENSATION PAYMENTS TO 28,803 EMPLOYEES,
UNDER THE MASSACHUSETTS COMPENSATION LAW, FOR FOUR MONTHS, JULY 1
TO OCTOBER 31, 1912.
Accidents.
Name of company.

Walworth Manufacturing
Co...............................
Pacific Mills...................
Mount Tom Sulphite Pulp
Co...............................
Dennison Manufacturing
Co...............................
Edison Electric Illuminat
ing Co.........................
Boston Elevated Railway
Co...............................
Fred T. Ley & Co...........
Rice & Hutchins............

Premiums.

Compensation
payments.

Num
ber
of
Per
Per
Per
em Wages paid.
cent
cent
|cent
Num of Amount. >
ployof
of
Amount. pre
ber. em
mi
ployums.
1,163
6,062

1291,606.51
932,152.00

241

32.0 $3,406.66 1.16 $550.50 16.00
3.9 8,971.66 .90 1,031.64 11.40
i

Amount
paid in
for each
SI of
compen
sation.

$529.71
903.56

172

45,135.21

8.0

2,023

413,632.50

1.7 3,737.50

1,500

490,227.65

107

7.1 9.000.00

9,844 2,667,216.78
255,000.00
1,300
3,749
689,094.43

945
97
45

9.5 41,495.13 1.50 26,336.05 63.40
101.27
7.4 8 000.00 3.10 5,429.24; 67.80
46.96
1.2 5,226.76 .75
560.14 10.71 1,230.21

1,137.46 2.50
.90

76.70; 6.70

588.00

339.94 9.00 1,216.78
4,254.83 47.20

115.21

Reference to the foregoing table discloses that of the amount paid
in premiums, percentages ranging from 67.8 to 6.7 were required
to meet the compensation payments for the period. These payments
included not only compensation for time lost but also medical and
hospital bills. As already indicated, the premium rates charged are
in accordance with a schedule submitted to the State insurance
department by the companies admitted to operate within the State,
the rates becoming effective only after approval by such department.
A meeting of representatives of the insurance companies held the last
of January, 1913, unanimously recommended an average reduction
of 25 per cent from the existing rates by manual classifications, sub
ject to the approval of the insurance department. It was estimated
that this would effect a saving of over $750,000 to the employers in
Massachusetts.
An important subject within the scope of the action of the indus
trial accident board is that of considering accidents reported, to
gether with their causes and the possibility of prevention, and the
board finds that while “ many employers have been aroused to the
necessity for the installation of safety devices and the prevention of
accidents,” there is a conflict of interests in the competition of stock
insurance companies. Thus one company will urge employers in

w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES.

113

sured with it to install safety devices, while a competing company
will offer to accept the risk without requiring such installation. The
board, therefore, recommended that it be given authority to recom
mend and cause the adoption of necessary safety devices. Such
action seems, however, not to have been taken up to the present time.
According to the original purpose of the framers of the Massachu
setts law, the Massachusetts Employees’ Insurance Association was
to have a monopoly of insurance under the act, but it was changed
to give employers the right to insure either in this or any other lia
bility company authorized to write business in the State. This com
pany, therefore, writes only a portion of the business of this class, but
it writes no other form, so that all items relate to the insurance of
compensation risks. The company is mutual in form, was incor
porated January 1, 1912, and commenced business July 1 of the
same year. A report of its operations for the first six months is
contained in the report of the insurance commissioner of Massachu
setts for the year 1912, and its principal features are reproduced in
the following table:
REPORT OF THE MASSACHUSETTS EMPLOYEES' INSURANCE ASSOCIATION, JULY 1
TO DECEMBER 31,1912.
Income.
Net premiums written........................
Interest..............................................

Total.........................................

Disbursements
$619,257
5,950

625,207

Assets.

Losses paid.......................................
Investigation and adjustmentofclaims.
Salaries, etc., of employees.................
Inspections, other than medical and

$22,759
2,866
21,753

Bents, printing, and stationery..........
Legal expenses..................................
Furniture and fixtures.......................
Other disbursements.........................

2,307
5,157
1,750
2,449
5,866

Total.......................................

64,907
560,300

Total.......................................

625,207

Liabilities

Bonds (book value)............................
Cash in office and on deposit...............
Premiums in course of collection..........
Premium notes.............................
Accrued interest.................................
Market value of bonds above book value

$463,949
70,036
2,769
23,546
3,210
801

Losses and fiiafaa..............................
Unearned premiums..........................
Accrued salaries and expenses............
Taxes due or accrued.........................

$69,825
357,938
1,254
7,392

Gross assets...............................
Less premiums overdue......................

564,311
386

Total.......................................
Surplus to policyholders...................

436,409
127,516

Admitted assets.........................

563,925

Total liabilities................. .......

563,925

It must be kept in mind that the foregoing data represent business
operations for the first six months, and certain expenses, as printing,
stationery, furniture, and fixtures, are doubtless disproportionately
large, as they involve the inauguration of business. The current
relations of income and disbursements would not be fixed in the
80597°—Bull 126—14---- 8

114

BULLETIN OF THE BUBEAU OF LABOR STATISTICS.

short period covered, as claims could be received and considered
only after the lapse of some time. Thus, while losses paid amounted
to but $22,759—only $1,006 in excess of the salaries, etc., of officers
and office employees—the liabilities show $69,825 losses and claims
in addition.
The total premiums written during the year amounted to $619,809,
of which the sum of $1,348 was reported as expired and canceled,
leaving $618,461 in force at the end of the year. Of this amount,
$357,938 are reported as unearned premiums, the difference between
this sum and the net premiums written being $261,319. Counting as
administration expenses all disbursements other than losses paid, the
amounts expended on this account would total $42,148, or 16.1 per
cent of the premiums earned, and 6.8 per cent of the net premiums
written. Investigation and adjustment amounted to 12.6 per cent
of the sum paid out for losses, but as payments on many of the
claims determined will continue without proportionate added cost
for those* objects, it can not be said that this will be the relation
between those two items
MICHIGAN.

The Industrial Accident Board of Michigan receives reports of all
accidents which result in disability continuing for more than one full
working day. The bulletin of the board reports for the period of the
operation of the act, from September 1, 1912, to June 1, 1913, a total
of 14,088 accidents, of which 306 were fatal, 1,526 involved amputa
tions, and 5,188 others were classed as major, leaving 7,068 classed
as minor accidents. No attempt is made in the bulletin to give an
account of the amount of compensation.
The act is an elective one, and the number of employers operating
under the act as of June 1, 1913, is reported as 8,326, having 434,109
employees. Of this number, 651 employers and 8,363 employees
came under the act during the month of May. The employees are
classified as to division of industry in eight groups, as follows: Manu
facturing, 240,239; transportation, 42,462; public utilities, 5,260;
realty and management, 5,785; mining, 40,460; merchandising, 40,028;
publishing, 7,761; and construction, 50,083. The total number of
employees given does not include those engaged in the service of the
public, who are automatically brought within the operations of the
act and who, if classified, would increase the total to nearly 550,000.
The law of this State permits four options as to the method of
carrying the risk by employers. Thus employers may insure in
stock companies, may become members of a State insurance com
mittee, may form mutual insurance companies, or may, if able to
satisfy the board of their ability to meet the demands likely to be
placed upon them by the law, carry the risks themselves. According

w o r k m e n ' s COMPENSATION LAWS— UNITED STATES.

115

to the bulletin above quoted the number of employers insured in stock
companies was 7,320, those insured in the State insurance department
were 273 in number, those in mutual insurance companies 180, while
553 were carrying their own risks.
The agreements executed under the law up to the date of the report
were 7,946. Disputes under this act are settled by arbitration, a
member of the industrial accident board acting as chairman. During
the first six months 93 applications were filed for arbitration pro
ceedings, 57 being heard and 11 dismissed; in 49 cases awards were
granted, and in 8 they were refused, 25 cases being pending at the
date of the report. These proceedings in arbitration cost the Stfete
$888.02. The number of applications filed by employees was 88, only
5 being filed by the employers.
NEW JERSEY.

Under the New Jersey law an election may be made to accept the
compensation system provided in section 2 of the act, or employers
may remain outside this provision and operate under the provisions
of section 1 of the same law, which allows for suits for damages with
certain common law defenses abrogated. An employers’ liability
commission was created in 1911 to observe the operations of the act,
and employers were ordered to report to this commission accidents
occurring in their establishments, with certain facts relating thereto,
and to report any compensation paid under the act. The compensa
tion law came into effect July 4, 1911, and the commission made a
report in January, 1913, covering the fiscal year November 1,
1911, to October 31, 1912. According to this report, 6,635 acci
dents were reported to the commission, of which 6,271, or 94.5
per cent, occurred to persons under the compensation system, leaving
but 364, or 5.5 per cent of the total as possible claimants under the
liability law. The statute provides for medical aid during the first
two weeks not exceeding $100 in value. Of the accidents reported,
2,365 were classed as trivial and not requiring medical aid; the
average cost of medical aid for cases of less than two weeks’ duration
was $4.04, while for cases receiving compensation the average cost of
medical aid was $21.17. Of the 4,300 cases requiring medical aid,
such aid was supplied in 3,691 cases, or 85.8 per cent of the total,
leaving 609 cases, or 14.2 per cent, in which such aid was not received,
though the injured persons were legally entitled thereto. Of the
number of cases reported, 2,303 were entitled to compensation and
2,139, or 92.9 per cent of the total, were reported as receiving such
compensation, while 164, or 7.1 per cent, did not receive it; 445, or
19.3 per cent, received compensation not in agreement with the terms
of the act.

116

BULLETIN- OF TH E BUBEAU OF LABOR STATISTICS.

Of the fatal cases for which accounts were closed, 91 involved
dependents, and in 87 such cases compensation was due, though it
was paid in but 78 cases. In 13 cases burial expenses not required
by the statute were voluntarily paid at an average cost of $166.92.
Of the 78 cases in which compensation was paid 35 received commu
tations to lump-sum payments, while in 43 the payments were made
weekly.
The amounts of payments were calculated for 37 of the foregoing
cases, the average weekly payment being $6.97. The total number
of dependents in these cases was 74, the average payment per week
for each dependent was $2.54, and the total payments at the end of
300 weeks were computed to average $2,091.
In 46 fatal cases there were no dependents, and in 43 of these
burial expenses were required by the law. The number in which such
expenses were actually met was 37, the average cost being $135.30.
While the percentage of persons receiving compensation is much
larger under the compensation law than under the old liability system,
the commission felt the necessity of some plan being devised for guar
anteeing payments when due, but was unable with their present expe
rience to make any recommendation. It was shown, however, that
as compared with conditions under the liability lavra of New York the
law of New Jersey presented great advantages to employees under it.
Thus of 103 fatal accidents occurring in Erie County, N. Y., 78 per
cent of the dependent families received no substantial support, the
compensation ranging from nothing (received by 37 per cent of the
cases) to $500. Under the New Jersey law beneficiaries would have
received at the end of 300 weeks $2,091 if weekly payments were
received, while lor commuted cases the amount averaged $1,258, and
89 per cent of all the cases received these substantial benefits.
A careful calculation of 164 fatal cases where full information was
obtainable, under old conditions, shows the average amount received
per case was $475. Under the operation of the workmen’s compen
sation act of this State the dependent families received on the average
about three and one-half times as much. Another significant fact m
this connection is that the payments in the various cases are in a
measure uniform as to amount, while under the old conditions the
amounts varied extremely.
NEW YORK.

The elective compensation law of New York provides for the affirm
ative action of employers and employees to bring themselves within
the provisions of the law. This consists in filing with the county clerk
written agreements between the employer and each employee who
agrees to the plan signed and acknowledged by both in the same man
ner required in the conveyance of real property. While the law does

W O B K M E n 's COMPENSATION LAWS— UNITED STATES.

117

not specify that each employee must make such separate agreement,
its words are such that they seem practically to necessitate such for
mality. This is far removed from the simple election provided for in
other laws and still further from the presumed election requiring dis
affirmance provided for in several of the statutes. Whether the cum
bersomeness of the plan has led to its neglect, or whether there are
other reasons, it is evident that the law is of no practical effect as a
factor in adjusting claims for damages, since but a single firm in the
State has taken advantage of the provisions of the law, and of the 440
shop hands which it employed in 1910 but 36 consented to accept the
compensation provisions. This action was taken March 16,1910, and
up to July 10,1913, no other firm had taken any steps to come within
the law.
OHIO.

The Ohio law provides for the operation of a State insurance fund
under a State liability board of awards (after October 1 a State indus
trial commission), and as annual reports are required on or before
November 15 a report is available for the period January 1, 1912, to
November 15, 1912.
At the date of the report there were 22,774 operatives protected by
the insurance system, with an estimated pay roll of $8,429,412. The
average rate per $100 of pay roll was $1.25, the average premium pay
ment per employer $227.54, and the average number of employees
protected in each establishment was 49.
The number of injuries reported as of November 15, 1912, was 796,
besides 3 deaths. Awards were granted in 502 cases, were waived by
the employee in 14 cases, and were disallowed in 5 cases, making 521
cases finally disposed of, leaving 278 pending for consideration.
The amount of premiums received during the year was $107,857.74.
The earned premium to date was $56,008.70, less a 10 per cent contin
gent reserve amount of $5,600.86, leaving a total net earned premium
of $50,407.84 and a working balance of $57,449.90. The net earned
premium is distributed as follows: To awards, $12,067.02; deferred
awards, $6,372.52; unsettled claims (estimated), $11,340.99, which,
with the contingent reserve fund of 10 per cent, leaves a total net
balance of $20,627.31.
An interesting feature of this report is the one relating to medical
attendance. The law provides for medical and hospital service in
each case in an amount not exceeding $200. A difficulty that has
been practically uniformly reported on in the administration of com
pensation laws in which medical services are furnished by the State
or by the employer is the excessive charge of medical practitioners in
cases of simple injury. The chief medical examiner of the board pre
pared the following table to show the costs for medical and hospital

118

BULLETIN OF THE BUBEAU OF LABOR STATISTICS.

service, etc., showing both the amounts claimed and the amount
granted for the different classes of expenses:
MEDICAL, ETC., SERVICES, JANUARY 1, 1912, TO NOVEMBER IS, 1912.
Medical
service.
Amount claimed.................................................
Ammint, granted................................................ .

Medi
cines.

$4,636.20 $138.40
3,800.70 87.40

Hos
Ambu Under
pital. Nurse. lance. taker.
$190
170

$48

$9.10 $622.55
9.10 450.00

The above figures are approximate in some cases and can not be
made exact. According to the statements made, the amounts saved
by the scrutiny of the board amounted to $906.50 in the 521 cases
passed upon, and the average cost for medical attendance was $7.85
per case, including all items. The cost of administration, if all
employers in the State were contributors, is estimated at not more
than 7 per cent.
WASHINGTON.

The most detailed report yet published on the subject of the oper
ations of a State law is that of the industrial insurance department
of Washington, covering the year from October 1, 1911, to Septem
ber 30, 1912. The report is a volume of 516 pages, in which are
presented a discussion of the general idea of compensation, a history
of the legislation of the State on this subject, the organization of the
commission and its policy and problems, and the subject of accident
prevention and safety education. There are more than 100 pages
of statistical results and comparisons, and 35 pages are given over
to the report of the chief medical adviser. Alleged defects and sug
gested amendments, recommendations, and appendixes presenting
related matter complete the volume.
Reports of accidents cover their nature, the month, day, and hour
of occurrence, the sex, age, and nativity of the injured person, the
days survived (if the injury subsequently proved fatal), the number
of beneficiaries, the relationship and benefits paid to them, the indus
try, occupation, and daily wage of the injured workman, and a brief
description of the accident; also summary tables of costs, causes,
duration of disability, etc.1
The statute is a compulsory one, intended to cover all the industrial
activities of the State, and the rates of premiums to be contributed
are fixed in the law itself for the 48 classes of industry into which the
industries of the State are grouped. In the eleventh class, however,
the legislature placed no employments, while in administration the
State board construed classes 26, 27,28,32, and 36 to be overlapping,
*The report for the year ending Sept. 30,1913, was received too late for more than a very limited use.

w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES.

119

and they were therefore omitted. In the remaining classes there
were, on September 30, 1912, 138,084 employees; accidents reported
numbered 11,896, but for 1,703 of these the files were incomplete,
leaving 10,193 cases for consideration. Of this number 6,356 were for
total temporary disability; and 378 were rejected for cause. Claims
were suspended in 1,552 cases, in which the injuries were trivial and
the workmen presented no claims, while in 348 cases the board was
unable to locate any claimants. Total permanent disability pensions
were allowed in 2 cases; 257 accidents were fatal; monthly benefits
for temporary disability were allowed in 314 instances; payments on
account of reduced earning power or partial payments were made in
33 cases; while 953 cases were in process of adjustment. „
For the year ending September 30,1913, there were 12,380 injuries,
causing 340,728 days of temporary total disability, and receiving
awards amounting to $460,498. Hie total number of awards made
during the year was 14,536, aggregating $1,377,271.
The following table gives the condition of the funds for the various
classes of occupations at the close of the 12 months ending Septem
ber 30, 1912; also the number of employees in each class and the
number of accidents. The table has been condensed somewhat in
the following presentation by reducing the amounts of money to the
nearest dollar:
STATEMENT OF CONDITION OF ACCIDENT FUND, STATE OF WASHINGTON, AT
CLOSE OF 12 MONTHS ENDING SEPTEMBER 30, 1912.

Industry.

Bate per $100 of
Re Bal Per
Num Num
pay roll.
Totai Num
ber
serve
cent
ber of monthif
Claims
ance
ber
of
amount
on ap in unex
Class. em
>repaid.
paid
acci
proved
pend
ploy
dents.
Re
claims. fund. ed. Basic. As- quired.
ees. calls.

Sewers
. .. . .. .
Bridge aiidtower.
Pile driving........
House wrecking..
Generalconstruc
tion.................
Power-line instal
lation..............
Railroads...........
Street grading—
Shipbuilding......
Lumbering, mill
ing, etc............
Dredging...........
Electricsystems..
Streetrailway__
Telephone and
telegraph.........
Coalmining...
Quarries........
Smelters........
Gasworks___
Steamboats...
Grain elevators...
Laundries— .
Waterworks...
Paper mills__

2,571
2,048

$22,114
19,362
6,669
2,023

$15,247
84 16,867
61 4,304 $4,^03 10,555
4,875
39 1,795
12 1,431

10,601

78,514

327

25,024

4,147
11,215
11,790
949

56,047
96,549
35,035
6,376

145
304
142
43

11,106 5,993
34,921 21,823 39,806
10,569 3,553 20,913
3,826
2,550

$5.00 $5.00

$2.90

324,103 2,748 206,147 117,366
590
4,681
17 1,895
6,576
18,273
49 3,335 11,532 3,406
26,729 153 6,731 1,264 18,734

2.50 1.46
5.00 1.67
4.00 2.00
3.00 .75

1.46
.48
1.62
.23

.75
1.50
1.33
1.00
1.50
1.50
.50
.50
1.00
1.50

.38
1.23

42,1&
441
1,064
3,701
4,277
2,171
8811
937

3,184
553
734

4,311
82,399
15,355
6^369
7,138
1,252
8,385
7,671
5,037
8.085

691 2,151
1,470
509 40,817 28,041 13,541
75 5,500 2,330 7,524
73 4,9391
1^430f
917 2,923 3,298
27
1
405
847
65 4,781
3,605
35 2,543
5,128
13
845 2,739 1,453
2,109
71 5,975
* Various.

3.00
3.00
4.00
3.00
3.00
3.00
2.00
2.00
2.00
2.00

.68

.77
.80
.48
.29
.17
.70
.74

BULLETIN OF TH E BUREAU OF LABOR STATISTICS.

120

STATEMENT OF CONDITION OF ACCIDENT FUND, STATE OF WASHINGTON, AT
CLOSE OF 12 MONTHS ENDING SEPTEMBER 30, 1912—Concluded.

Industry.

Num
ber of
Class. em
ploy
ees.

Garbage works...
Woodworking—
Asphalt manu
facturing.........
Cement manufac
turing.............
Fish canneries....
Steel manufac
turing, foun
dries...............
Brick manufac
turing.............
Breweries...........
Textile manufac
turing.............
Foodstuffs.. . . . ..
Creameries.........
Printing.............
Longshoring.......
Packing houses..
Ice manufactur
ing..................
Theater-stage
employees.......
Powder works....
Creosoting works.
Nonhazardous
elective...........

163
25
29 4,304
30

6 $1,489
5 28,352
3

$1,086
5 $403
267 20,174 *$i;isi 6,987

73 $2.00 $1.00
24 2.50 1.04

971

6 8,966
3 11,289

39 1,763 4,061 2,602
9,200
37 2,090

.29 2.50 1.25
81 3.00 .75

34 4,488

6 29,627

226 17,120 3,1& 9,324

31 2.00 1.00

.70

35 1,703
37 1,045

3
6

35 1,806
4,411
37 2,251 **3,*311 4,407

71 2.00 .50
44 2.00 1.00

.13
.56

1.50 .38
1.50 .38
1.50 .38
1.50 .38
3.00 1.50
2.50 1.25

.12
.09
.05
.07
1.25
.45

6,216
9,970

3 3,813
3 2,656
3 2,150
3 6,519
6 12,966
6 7,010

38
39
40
41
42
43

1,573
1,308
552
1,966
6,849
824

298

1,444

45
46
47

130
196
137

3
6
3

445
463
632

310

1,092

22
15
12
31
122
24

1,185
597
267 ..........
1,346 .......
6,808 3,917
2,624 . . . . . . .

2,627
2,059
1,883
5,174
2,242
4,386

100 2.50

$0.27
.79

31
981
33 3,687

138,084

Total........
i Deficit.

261

Rate per $100 of
Num
Re Bal Per
pay roll.
ber
Total Num
cent
serve
month amount ber of Claims on ap ance unex
in pend
ly pre paid acci paid. proved
mium
in. dents.
As
Re
claims. fund. ed. Basic. sessed
calls.
quired.

68
77
87
79
17
62

.62
.89
.14

782

662

45 2.00

.50

9 2,039
4
187

445
11,576
446

100 1.50

.37

70 2.50

.61

.18

1,008

91 1.35

.34

.03

.27

980,446 5,921 *445,5282243,9852290,933

* These totals do not agree with the items, but are given as presented in the report.

It will be observed that in all but two classes there is an unex
pended balance ranging from 16 to 100 per cent of the premiums
collected. In one class, that of powder works, a single accident
early in the history of the operation of the act involved costs in
excess of $8,000, while the principal contributor to this class refused
to pay premiums assessed, and the question involved had not been
decided at the time of the publication of the report.
In the cases of the first eight classes, it may be noted that premiums
were collected monthly, these employments being in the nature of
contractors’ work, so that it was considered unfair to establish a
general fund from the contributions of those contractors who might
happen to be at work at any given time and use the accumulations to
meet the costs of accidents occurring to the workmen of contractors
not then employed. In the other classes of occupations the number
of assessments varies from three to nine, except in the last class,
nonhazardous elective, in which the initial payments appear to have
been adequate to establish a sufficient fund.
As indicated in a foregoing statement, there were 257 fatal acci
dents reported and disposed of during the year, besides which there
were 22 in which the accident reports were incomplete. The classes

w o r k m e n ' s COMPENSATION LAWS— UNITED STATES.

121

in which these fatalities occurred and the cost to the industry are
shown in the following table:
NUMBER AND COMPENSATION COST TO INDUSTRY OP FATAL ACCIDENTS REPORTED
DURING YEAR ENDING SEPTEMBER 30, 1912, BY INDUSTRY CLASSES, STATE OF
WASHINGTON.

Industry
class.

Class 1...........
Class 2...........
Class 3...........
...........
Class 5...........
Class 6 ........
Class 7...........
Class 8...........
Class 10
Class 13..........

Fatal Cost to
acci industry
(burial
dents
re
plus
ported. reserve).
5
1337
5
8,051
4
150
1 Class
4,075
4
11
26,381
18
10,159
20,033
23
4,181
6
129
172,240
7
17,606

Industry

Class 14........
Class 15........
Class 16........
Class 17........
Class 19........
Class 20........
Class 21........
Class 23........
Class 24
Class 29........

Fatal Cost to
acci industiy
(burial
dents
re
plus
ported. reserve).
7
2
22
7
1
1
1
3
3

$2,846
3,726
36,171
6,832
3,208
2,823
1,644
4,150
1,256

Industry
class.

Class 31........
Class 35........
Class 37........
Class 42........
Class 46........
Not under act
Total...

Fatal Cost to
acci industiy
dents (burial
re
plus
ported. reserve).
4
$5,207
2
1 ...... 3*672
2
150
2
4.075
1
4.075
8
8,259
5
1279

351,307

i The items aggregate 282, but the total as given corresponds with statements made elsewhere in the
report.

The cost of administration is borne by the State, and this with
the premiums levied on employers forms the total income of the
commission. The total receipts for the year amounted to $1,088,313.83, of which the claims paid in cash amounted to 40.9 per cent,
the reserve fund to guarantee pensions amounted to 22.4 per cent,
the expense of administration amounted to 9.9 per cent, leaving an
unawarded balance on hand of 26.8 per cent. Attention is called in
the report to the fact that the expense element for administration
amounts to practically 3 per cent lower than is shown by the German
experience, the German statistics for 1908 showing a rate of 12.8
per cent for administration. It is pointed out that nearly 1.9 per
cent of its administration expense was for equipment which will not
require duplication, so that the actual expense of administration is
reduced to 8.09 per cent of the total funds handled.
The report for the second year states that the total expense from
June 1,1911, to September 30, 1913, amounted to 8.13 per cent of
the total contributions to the accident fund.
WISCONSIN.

The act of this State came into effect on May 3, 1911, being elective
as to ordinary employers, but compulsory as to the State and its
municipalities. Inasmuch as the settlements are made between the
parties at interest with appeals to the industrial commission only
in case of dispute, there are no reports as to costs or awards, but as
election is made in writing filed with the industrial commission, it
is possible to show the extent of the acceptance of the law, together

122

BULLETIN OF TH E BUREAU OF LABOR STATISTICS.

with some details as to its operation, since the law requires the re
porting of accidents to the industrial commission, which may also
require such other data to be furnished as it thinks best.
A brief summary of the operations of the act is issued by this com
mission as of the date of June 1, 1913, covering practically two years’
operations. This shows that on the date named there were 1,706
employers with 125,606 employees under the act. Of all the acci
dents reported during the month of May, 55.4 per cent were under
compensation. The claims under the act for the 23 months amounted
to 4,603; for these, 3,353 settlements were made by the parties them
selves without appeal to the commission, 60 decisions having been
made by the commission on appeal. Four appeals were taken
from the commission to the supreme court, in all of which the com
mission was sustained. In 584 cases it is stated that no claim was
submitted, while 465 cases were reported as pending. The statis
tician for the commission reports that an apparent discrepancy of
approximately 200 cases is made up of State, county, and municipal
employees, the details of whose claims were not available at the date
of the report. An unofficial dispatch of date of August 6, 1913,
reports the number of employers under the act at that date at
approximately 2,550 and the number of employees at 175,000.
Inasmuch as the first acceptance under the act was on July 14,
1911, its actual operations date from that month, and in the fol
lowing table the figures show the growth of acceptance of the act
during its first year.
ACCEPTANCES UNDER WISCONSIN WORKMEN’S COMPENSATION ACT FROM. JULY I,
1911, TO JUNE 30, 1912.
Month.

Number Number Places of
|of accept- of employ employ
1 ances.
ees.
ment.
i

July........................ !
August.................... i
September...............
October..................
November...............
December...............
January..................
February................
March.....................
April...................... 1i
May........................
June.......................
Total..............

17
44
35
22
31
39
25
84
20
57
37
24

•
1
1
|
j
iI
j

435 |

834
16.478
13,348
5,826
6,446
4,017
2,226
3,206
2.158
4,460
2,099
2,630
63,728 j

17
59
38
27
43
53
32
94
21
73
59
30
546

AU accidents causing disability for more than one week, not
including railroad accidents, are required to be reported to the
commission. The growth of the adoption of the compensation sys
tem is indicated no less by the increased number of acceptances, as
appears from a comparison of the above totals with the summary
statement for June, 1913, than by the fact that during the first year
but 25.4 per cent of the accidents reported to the commission were

w o r k m e n 's

123

COMPENSATION LAWS— UNITED STATES.

under the compensation system, while during the month of May,.
1913, the percentage was 55.4.
An important activity of the industrial commission relates to the
matter of safety and the prevention of accidents, the law creating
the commission having given it authority to make investigations
and prescribe safeguards, issue orders, and establish rules and regu
lations for the enforcement of standards of safety to be fixed by it.
Acting within the scope of this power, the commission made inves
tigations of a number of manufacturing plants, held conferences,
and secured the advice of experts and persons interested, after which
it issued orders or regulations relative to safeguards applicable, some
to all industries, and others tft special industries or machinery. The
union of authority by which the same board administers the com
pensation law and is also able to correct defective conditions as to
safety and to establish standards strongly impressed the industrial
insurance department of Washington as a most admirable and promis
ing means of accomplishing the desirable result of prevention, which
it considered as of greater desirability even than compensation.
UNITED STATES.

The Federal statute of May 30, 1908, is of limited application,
relating only to certain classes of employees in designated establish
ments or classes of work. The number of persons actually affected
by it can only be estimated, but the report of the Department of
Commerce and Labor on cases arising from accidents occurring
between August 1, 1908, and June 30, 1911, estimates that, with the
amendments which added the Bureau of Mines, the Forestry Service,
and the lighthouse Service, approximately 95,000 persons were
included under the law, or about one-fourth of the civilian employees
of the United States. While the scope of the law is thus limited and
no compensation can be paid under it for injuries not causing death
or disability of more than 15 days, the effort has been made to secure
reports of all accidents to civilian employees causing disability of one
day or longer. In the following table there are shown the number
of accidents reported, the claims for compensation, and the amount
of compensation paid during the three years covered by the act:
NUMBER OF ACCIDENTS REPORTED, CLAIMS FOR COMPENSATION, AND AMOUNT OF
COMPENSATION PAID FOR THE FISCAL YEARS 1908-9,> 1909-10, AND 1910-11.
Number of claims—
Accidents
reported
Compensa
(all de
tion paid.
partments). Received. Allowed. Disallowed.

Fiscal year.

1908-91.................................................
.................................................
1909-10
1910-11.................................................
i Eleven months.

4,887
6.987
9,159

1,818
2,654
23,153

1,692
2,529
2,903

126
125
216

$242,937.05
336.348.78
380,330.49

* Including 34 claims on which action taken was not reported.

124

BULLETIN OF TH E BUREAU OF LABOR STATISTICS.

The report is a detailed one, making full use of the accident data
furnished, so that causes, duration, nature of injury, etc., are pre
sented in statistical form with considerable detail. While only about
25 per cent of the civilian employees of the United States are included,
by far the larger portion of hazardous employments, so called, are
embraced within the provisions of the law, the principal exceptions
being in connection with tihe Railway Mail Service, Life-Saving
Service, and Rural Free Delivery. As to the first two of these, it
may be said that there are independent laws providing a system of
compensation for persons injured therein.
The figures in the brief table above show a great increase in the
number of accidents reported from year to year. This is said by
the report to accord with the experience of other countries which
have adopted an accident-reporting system, as it is commonly found
that a fair degree of accuracy and completeness in reporting acci
dents is obtained only after some years of experience and familiarity
with a new law. The number of claims increases also, but not in
the same ratio, the ratio being slightly greater for the second year
than for the first year, with a considerable decrease for the third
year, the percentages of claims as compared with accidents being for
the first year 37.2, for the second year 38.0, and for the third year
34.4. A comparatively small number of the claims made were
rejected, approvals for the first year amounting to 93.1 per cent of
all claims, to 95.3 per cent in the second year, and 93.1 per cent in
the third year. The great difference between the number of acci
dents and the number of claims is accounted for chiefly by the exclu
sion of accidents causing disability of not over 15 days, the number
of such accidents being 47.1 per cent of the total for the first year,
49.1 per cent for the second year, and 57.9 per cent for the third year.
In the case of fatal accidents other reasons must be found for the
failure to make claim, if such failure appears. During the first year
but little more than one-third (39.9 per cent) of the fatalities led to
claims, while in the second year 53.7 per cent resulted in claims, and
during the third year 70.9 per cent. But few of these occurred to
persons not covered by the act, the greater number of failures to
make claim being apparently due to the remoteness or nonexistence
of dependent relatives or ignorance of the law. These reasons would
operate particularly in the Canal Zone and were evidently influen
tial in keeping down the number of claims for fatal cases.
The distribution of approximately $900,000 paid out to benefi
ciaries under the act dtuing the three years covered by this report
by the principal branches of service coming within the law is shown
in the following table:

w o r k m e n ' s COMPENSATION LAWS— UNITED STATES.

125

AMOUNT AND PER CENT OP COMPENSATION PAID IN SPECIFIED DEPARTMENTS
AND BRANCHES OF SERVICE FOR THE FISCAL YEARS 1908-9, 1909-10, AND 1910-11.
Compensation paid.
Departments and branches of
service.

----- -- ------Per cent of total.

Amount.
1908-91

1909-10

1910-11

Isthmian Canal Commission... $100,400.60
Navy Department.................
78,317.71
Engmeer^Department (War)..
24,498.39
8,754.34
Arsenals................................
Reclamation Service..............
19,990.16
10,975.85
All other...............................

$156,340.30
92,097.72
37,918.71
11,982.05
27,932.67
10,077.33

$170,252.17
109,389.03
40,948.92
14,289.97
26,705.72
18,744.68

41.3
32.2
10.1
3.6
8.2
4.5

46.5
27.4
11.3
3.6
8.3
3.0

44.8
28.8
10.8
3.8
7.0
4.9

242,937.05

336,348.78

380,330.49

100.0

Total...........................

1908-91

1909-10 | 1910-11
i

*11 months.

The average cost per case is subject to great fluctuation in differ
ent departments, due to the differences in the wage scale as well as
in the gravity of injury and duration of disability. In fatal acci
dents the average compensation on the Isthmian Canal was $640.74
in the 11 months of 1908-9 and was $537.71 in 1910 and $515.31 in
1911; in the War Department it was $648.71 in the 11 months of
1908-9 and was $682.40 in 1910 and $567.93 in 1911; in the Navy
Department it was $850.63 in the 11 months of 1908-9 and was
$616.75 in 1910 and $827.88 in 1911; and in the Reclamation Service
it was $1,051.56 in the 11 months of 1908-9 and was $1,043.71 in
1910 and $1,073.65 in 1911.
PREMIUM RATES.

In connection particularly with the reports under the Ohio and
Washington laws it will be of interest to notice the rates provided
under the State insurance laws of Nevada, Ohio, and Washington,
and the rates charged in certain States by stock insurance companies.
The table that is reproduced below was for the most part presented
in the report of the Ohio Liability Board of Awards, their table pre
senting the list of representative employments used, the Ohio State
rates, and the company rates here shown. The Nevada and Wash
ington rates were taken from the laws of the respective States and
closely correspond, the Nevada law apparently largely following the
Washington law in this respect. The rates charged are per $100 of
the pay roll.
It should be recalled in this connection that the Ohio rates were
fixed by the State commission under authority of the law, and that
the administrative officers in Nevada and Washington have author
ity to modify in effect the rates in those States by omitting assess
ments when the fund on hand seems to them to warrant such action

126

BULLETIN’ OP THE BUREAU OP LABOR STATISTICS.

or for other reasons. Indeed, the Nevada law speaks of the rates as
“ initial rates,” while the table showing the experience under the
Washington act shows that the number of monthly calls was less
than the number of months of operation of the law in all cases
except for contracting work. While these facts diminish the value
of the table as a basis for comparison, particularly as between the
rates for Ohio and other insurance States, it is still evident that the
State insurance rates are in almost every instance, and in most cases
very strikingly, below the rates charged for compensation insurance
by stock companies.
The table follows:
PREMIUM RATES PER «100 0 7 PAY ROLL CHARGED UNDER STATE INSURANCE
SYSTEMS AND BY STOCK COMPANIES IN CERTAIN STATES.
State insurance rates.
Representative employments.
Nevada.
Confectionery manufacturers....................
Acid manufacturers.................................
Car manufacturers, railroad.....................
Coalminers.............................................
Carpenter contractors..............................
Mason contractors....................................
Electric light and power companies.........
Harness and saddle manufacturers...........
Sawmills.................................................
Planing mills and lumberyards...............
Meat packing and stockyards...................
Machine shops........................................
Machine shops with foundry....................
Foundry, iron.........................................
Boiler makers..........................................
Flour mills..............................................
Mining (except coal), clay........................
Ice, artificial, manufacturers....................
Street railway, electric, interurban...........
Street railway, electric, not interurban—
Oil, fish,lard, and tallow manufacturers..
Blast furnaces.........................................
Iron smelters...........................................
Paper mills (no saw or bark mills)...........
Cardboard manufacturers (no pulp mill)..
Writing paper manufacturers...................
Glass manufacturers (no plate or window).
Printers..................................................
Rubber manufacturers............................
Freight handlers, stevedores....................
Lime quarries, including blasting, crushing
Cement manufacturers (no quarry)...........
Clothing manufacturers...........................
Mattress manufacturers (no spring or wire).
Tobacco manufacturers, chewing, smoking.
Great Lakes steamers.........................
Scrap-iron dealers, shop or yard...........
Storage, cold or grain..........................
Furnace manufacturers.......................
Woodturners.....................................

12.00

3.00
3.50
5.00
12.50
1.50
2.00
2.00

2.50
2.00

2.00

2.00
2.00

1.50
2.50
2.00

2.50
3.00
1.50
3.00
3.00
*

2.00

1.50
1.50
1.50
1.50

*2.50
2.00

*1.50
63.00
' ”

2.'00

’ “ 2*66

Ohio.
$0.50
.85
1.30
1.50
2.30
3.00
3.10
.55
1.45
1.05
.90
.70
.80
1.05
1.65
.80
1.50
.80
2.00

1.40
.55

2.00

1.15
.85
.90
.30
.30
.65
1.45
2.65
2.25
.20

.30
.35
1.25
2.55
1.35
.75
.75

Company rates.

Washing- Illinois.
ton.
$2.00

$2.50
3.00
3.50
5.00
4.00
1.50
2.50
2.50
2.50
2.00

2.00

2.00
2.00

1.50
2.50
2.00

4.00
3.00
1.50
3.00
3.00

* 2.00

1.50
1.50

1.50
1.50
3.00
* 4.00
2.50
41.50
*3.00

” *2.’66
*2.*50

4.05
4.70
15.00
4.50
6.30
7.20
1.65
5.60
4.05
3.35
2.50
3.10
3.40
4.25
2.70
8.10

3.35
10.80
6.75
3.00
8.10
8.10

3.35
2.70
1.65
1.65
1.55
3.00
8.00
8.10

5.40
.75
1.85

1.00
1.80

8.10

3.38
2.00

2.80

* Operation and repair; construction work, $5.
* Paper or pulp mills.
•Rat® is for “ quarries.”
4 Working in cioth or textiles not otherwise specified.
•Steamboats, tugs, ferries.

New
Jersey.
$1.50
3.00
3.50
6.00

3.75
5.25
6.00

1.25
4.50
3.25
2.25
2.00

2.50
2.75
3.50
2.00
6.00

2.50

8.00

5.00
2.25
6.00

6.00

2.50
2.00

1.25
1.25
1.25
2.25
4.00
6.00

4.05
.60
1.50
.75
3.00
6.00

2.50

1.00

2.25

Wiscon
sin.
$2.10

4.20
4.90
8.40
5.25
7.35
8.40
1.75
6.30
4.55
3.50
2.80
3.50
3.85
4.90
2.80
8.40
3.50

11.20

7.00
3.15
8.40
8.80
3.50
2.80
1.75
1.75
1.75
3.15
5.60
7.00
5.60
.84
2.10

1.05
3.50
8.40
3.50
2.80
3.15

w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES.

127

EXPERIENCE OF A STOCK COMPANY WRITING COMPENSA
TION INSURANCE.

In concluding (his section of this article it will be of interest to
consider briefly a report of the Insurance Department of the State of
New York, based on an examination of the United States branch of
the London Guarantee and Accident Co. (Ltd.), of London, England.
This investigation was made as of date of December 31, 1912, and
shows the financial operations of the company for the year with its
status at the close. The company in question is an important one,
transacting business in 31 States of the Union and the Territory of
Hawaii. It writes accident* health, liability, workmen’s compensa
tion, steam boiler, burglary, credit, auto and teams property dam
ages, and workmen’s collective insurance. The table presented here
with gives only those items of income, expenditure, etc., which relate
to liability and workmen’s compensation insurance. These items are
not always separated, but the data given are as presented in the
report.
It is stated that of the total premiums received covering liability
and workmen’s compensation, amounting to $2,967,477, 44 per cent
represents premiums on employers’ liability, 33 per cent on other
forms of liability insurance, and 23 per cent on workmen’s compensa
tion insurance. The items therefore in the first column must be con
sidered as relating, as to approximately 57 per cent of their amount,
to employers’ liability insurance, and the remainder to other forms
of liability insurance.
The table follows:
REPORT OF THE INSURANCE DEPARTMENT OF NEW TORK AS TO THE FINANCIAL
OPERATIONS AND CONDITION OF THE LONDON GUARANTEE & ACCIDENT CO.
Liability.

Items.
Net premiums received........................................................
Net losses paid.....................................................................
Expenses of investigation and adjustment............................
Commissions or brokerage....................................................
Premiums in course of collection...........................................
Reserve for unpaid losses......................................................
Commissions or brokerage unpaid.........................................
Underwriting income............... ............................................
Underwriting losses and expenses.........................................
Loss from underwriting........................................................

$2,286,603
1,333,243
421,566
(i)
731,149
1,088,093
\l)
(*)

Workmen’s
compensa
tion.
$680,974
68,872
6.873
(*)
(l)
I1)
(i)
(l>

Total.
$2,967,477
1,402,115
428,439
735,429
731,149
1,088,093
138,071
2,719,091
2,951,137
232,046

1Not separately reported.

As to the operations of the company with reference to workmen’s
compensation insurance, the report says:
This company is writing workmen’s compensation insurance in the
following States, viz: California, Illinois, Massachusetts, Michigan,
New Jersey, Rhode Island, and Wisconsin. An investigation nas

128

BULLETIN OK THE BUBEAU OF LABOR STATISTICS.

been made during the course of this examination of the method of
settling claims arising under compensation policies. The following
schedule will show the number of claims for compensation made prior
to December 31, 1912:

State.

Claims
on which Disabled
Total
less than
indemnity
number of paid or
statutory
claims.
outstand
period.
ing.

Loss of Permanent
leg, hand,
partial
disability.
or eye.

Deaths.

Illinois..................................
Michigan...............................
Massachusetts.......................
New Jersey...........................
Rhode Island........................
Wisconsin............................
California..............................

5,682
533
892
686
5
55
1

1,063
95
179
99
2
5
1

4,619
438
713
587
3
50

27
5
2
4

Total............................

7,854

1,444

6,410

10
1
1

On claims where the disability lasts less than the period during
which no compensation i3 paid, the company is required to furnish
medical attention.
In our investigation we find that the compensation is paid promptly
in all cases where the law of the State shows clearly that compensa
tion is due. The laws of some of the States are indefinite and uncer
tain as to the amount of compensation to be paid and in what cases
it should be paid. In order to determine its Hability, the company
is required in some cases to appeal to an arbitration board or a Stato
industrial board. When the liability of the company is determined,
the benefits are promptly paid. Any delay in making settlements or
disputes that have ansen can in practically all cases be blamed on the
failure of the laws of the various States to clearly prescribe the amount
of benefit due the workman.
Many requests for lump-sum settlements in death cases are made
to the company. It is the policy of the company to discourage lump
sum payments. And further many of the laws do not prescribe the
method to be adopted in computing the amount to be paid in a lump
sum settlement. All such settlements must be approved either by a
court or by an industrial-accident board and where such settlements
have b6en made the proper procedure has been taken.
We find that compensation claims, especially those where any
dispute arises as to the amount, are settled much more expeditiously
and satisfactorily in those States which have industrial accident
boards whose duty it is to approve the claim settlements. It is the
function of members of such boards to determine the amount due
under the compensation law and to issue rulings as to their interpre
tation of its provisions, and as an almost general rule the company
abides by such rulings. As the members of the industrial accident
boards devote all their time to the subject of workmen’s compensa
tion, it is evident that the ruling of such a board is of more value than
that of an arbitration board selected promiscuously. As the injured
workman selects one arbitrator and the assured another, these two

W O BK M E N ’ s COMPENSATION LAWS— UNITED STATES.

129

selecting a third; it devolves upon such third member in most cases
to decide the disputed question. It is also true that in but few
instances, if any, aoes the same arbitration board act.
It is believed that in all States there should be some one board or
authority which will make a uniform interpretation of disputed ques
tions arising under the law. It can readily be seen that otherwise
the insurance companies or arbitration boards will make different
decisions as to the benefits to bepaid on claims arisingunder the
same provision of the law and a similar state of facts. There are a
surprising number of questions arising in the various States as to the
benefits to be paid under the compensation acts, and it is important
that all the workmen injured be given a fair and impartial hearing
before a competent board whose opinions will be respected by the
workmen, insurance companies, ana courts.
In Illinois we find that the injured workman has in some cases,
even though the amount of the compensation is absolutely certain,
placed his claim with an attorney. The files of the company show
many; liens for attorneys’ fees served on the company, the fees in
some'cases being as much as 50 per cent of the benefit to be paid. It
is the policy of the company, whenever possible, to induce the attor
ney to accept a smaller fee. There is nothing to show that the serv
ices of attorneys are required in any cases except those arbitrated or
appealed to tine courts, and such cases comprise but a very small
proportion of the whole number.
It is also found that the medical fees charged by the doctors are in
many cases exorbitant. The payment of such lees will, of course,
increase the cost of compensation insurance. The company endeav
ors to be fair to the doctors, but does in many cases persuade them to
accept a reduction from their bills. In Chicago ana vicinity some of
the doctors are compensated by a fixed percentage of the premiums
written within a prescribed territory.
The su m m a ries of experience u n d e r the acts given in the foregoing
pages are necessarily brief and the data can not be considered as more
than suggestive. While in a few reports some elaboration on classi
fications of accidents as to cause, duration, costs, etc., has been
attempted, it is clear that with the limited experience under the laws
such data are of comparatively small value; and as to some of the
subjects considered, it may be said that but little new light could be
added even if the data were more extensive, since they have received
extensive and prolonged investigation in European countries, so that
the facts in connection with them may be said to be fairly established.
The rapid growth of the compensation idea, as indicated by the
numerous activities of legislation and investigation, is evidence of
the fact that the old liability system is recognized as completely out
grown, while the honest contentions of those who hold conflicting
views as to types of laws and the modes of achieving the desired ends
suggest the necessity for well-considered action in providing for a
system of compensation. The amount of information now available,
30597°— Bull. 126—14------ 9

130

BULLETIN OF THE BUBEAU OF LABOB STATISTICS.

however, seems sufficient to warrant the preparation of an adequate
law to meet any industrial conditions. The amount of litigation that
has reached the courts of last resort, which is the only authentic test
that the Bureau of Labor Statistics can use to determine the extent
to which the courts have been resorted to in connection with the
compensation laws, indicates the importance of careful wording and
full provision to carry out the intentions of the legislatures. That
this litigation has not been without profit is evident from the number
of amendments that have been adopted incorporating court construc
tions or otherwise meeting the points raised in the actions at law.

WORKMEN’S COMPENSATION LAWS OF FOREIGN COUNTRIES.1
BT CHAS. H. VERRILL.

The principle of systematic compensation for losses due to indus
trial accident has been known in Europe for over a century, the
earliest examples being found in the mining industries, especially in
Germany and Austria. As these industries were the first to be
operated on a large scale with large numbers of employees whose
life and safety depended on the care and skill of the manager and
of the fellow workmen, and, in addition, had a higher danger rate, it
was but natural that attempts should be made to provide in a defi
nite manner for the relief of the distress caused by accidental inju
ries or other physical disability of employees. The industry of
navigation possessed similar characteristics and also developed at
an early date comparatively well-defined systems of relief for disa
bility arising from the operations of vessels. The next industry to
be operated on a large scale, an industry which had at the same
time a high trade risk, was that of railway transportation, and in
the States of the present German Empire we find early efforts to
make provision for railway employees on a more liberal scale than
that prevailing in the manufacturing industries.
With the introduction of the factory system, the development
of large-scale industries, and the more extensive use of power
machinery there was an increase in the trade risk of the industries
so affected. Previous to the development of large-scale production
a system of compensation for industrial accidents prevailed in prac
tically all countries of the world, based on the idea that a workman
suffering an injury from industrial accident should be compensated
by the person or persons at fault in causing the accident. The
relief provided under the civil code in continental Europe was more
readily obtainable than that permitted under the English common
law, but in each case the person liable was supposed to have com
mitted some fault, and it was necessary for the plaintiff to begin
suit and to prove such fault or negligence according to the rules of
evidence prevailing in the courts of each country.
To distinguish them from employers’ liability laws, the term ‘ ‘work
men’s compensation laws” is used to designate those acts which
1This article is a revision and extension of similar articles published under the title “ Summary of
foreign workmen’s compensation acts ” in Bulletin No. 74 (January, 1908) and Bulletin No. 90 (Sep
tember, 1910) of the United States Bureau of Labor. It is believed that it covers all legislation to the
end of 1913.

131

132

BULLETIN OF THE BUREAU OF LABOB STATISTICS.

provide for the award of fixed sums to employees injured by indus
trial accidents, without the necessity of litigation and without
reference to the question of negligence upon which employers’
liability acts are based. It is provided in most such laws, however,
that gross negligence on the part of the injured person will bar his
right to compensation, while, on the other hand, such negligence on
tiie part of the employer sometimes gives rise to a right to increased
compensation.
The first country to adopt a comprehensive system of accident
compensation on a national scale was Germany in 1884. Austria
followed in 1887, and since then practically all industrial foreign
countries have adopted this plan, with greater or less modifications.
Disregarding early acts affecting only selected groups of workmen,
the order in which the various countries (41 in number) have passed
laws providing national systems of accident compensation is shown
as follows:
DATES OF ENACTMENT OF FOREIGN COMPENSATION LAWS.

Country.

Germany...........................................
Austria..............................................
Norway.............................................
Finland.............................................
Great Britain..................................
Denmark...........................................
Italy..................................................
France...............................................
Spain............................................... .
New Zealand.....................................
South Australia..................................
Netherlands...................................... .
Greece(mining, quarrying, metallurgy,
etc., only)........................................
Sweden..............................................
Western Australia..............................
Luxemburg........................................
British Columbia...............................
Russia...............................................
Belgium.............................................
Cape of Good Hope.............................

Date of
enactment
of original
law.
1884
1887
1894
1895
1897
1898
1898
1898
1900
1900
1900
1901
1901
1901
1902
1902
1902
1903
1903
1905

Country.

Queensland.................. .
Venezuela (mining only)
Mexico—Nuevo Leon....
Hungary.......................
Transvaal......................
Newfoundland............. .
Alberta.........................
Bulgaria........................
uebec..........................
Manitoba......................
Nova Scotia...................
Liechtenstein................
Servia.,
New South Wales..........
Tasmania......................
Peru.............................
Montenegro...................
Japan............................
Switzerland...................
Roumania.....................
Portugal........................

Date of
eqactment
of original
law.
1905
1906
1906
1907
1907
1908
1908
1908
1909
1910
1910
1910
1910
1910
1911
1911
1911
1911
1912
1912
1913

The industries usually covered by the acts are manufacturing,
mining and quarrying, transportation, building and engineering
work, and in some countries agriculture, forestry, and navigation.
In Venezuela only mining is covered and in Greece only mining,
quarrying, and metallurgy. In Belgium and Great Britain the
laws apply to practically all employments.
The persons subject to compensation within the industries cov
ered in Austria, Belgium, Denmark, Finland, Germany, Italy, Lux
emburg, Netherlands, Norway, Spain, and Sweden are wage earners
only, and in some cases those exposed to the same risks, such as
overseers and technical experts. On the other hand, in France,

w o r k m e n 's

COMPENSATION LAWS— FOREIGN COUNTRIES.

133

Great Britain, the British colonies, Hungary, and Russia the laws
apply to salaried employees and workmen equally.
Overseers, technical experts, and employees earning more than a
prescribed amount are excluded in some countries, as Belgium
($463), Denmark ($643), Germany ($1,190), Great Britain ($1,217),
Italy ($1.35 a day), Luxemburg ($724), Manitoba ($1,200), New
Zealand ($1,265), and Transvaal ($2,433). Employees of the State,
provincial, and local administrations usually come within the pro
visions of the acts.
It will thus be seen that even in the countries which were earliest
in accepting the principles of workmen’s compensation the systems
of insurance do not in most cases cover all wage earners. The
German Imperial Insurance Office in December, 1912, published
an estimate presenting,.so far as the data were available, the number
of wage earners in the population and the number of wage earners
covered by the accident compensation insurance.
NUMBER OP WAGE EARNERS IN THE POPULATION AND NUMBER OP PERSONS COVBRED BY ACCIDENT COMPENSATION INSURANCE.
[From Die Sozialversicherang in Europa nach dem gegenwartigen Stande der Gesetzgebung in de
verschiedenen Staaten. Erganzter Neudruck (Januar, 1913) der Sonderbeilage zum Reichs-Arbeits
blatte Nr. 12,1912.)

Country.

Austria........
Belgium.......
Denmark---Finland........
France.........
Germany---Great Britain
Greece.........
Hungary......
Italy............
Luxemburg..
Netherlands..
Norway........
Roumania...
Russia..;__
Servia..........
Spain...........
Sweden........
Switzerland..

Year of
in
statis Population. Wage earners. Persons
sured.
tics.
1909
1910
1911
1909
1911
1911
1911
1910
1909
1911
1910
1909
1910
1911
1910
1910
1910
1910
1910

27.800.000
7.400.000
2.800.000
3,000,000
40.000.000
65.000.000
45.200.000
2.700.000

21 000.000

34.700.000
260,000
5.900.000
2.400.000
7.070.000
145,600,000
2.900.000

20 000,000

5.500.000
3.800.000

10 000,000
2, 100,000

3,710,000

10, 000,000

4,250,000
24,600,000
13,000,000

3.200.000
10,500,000
55.000
1.500.000
400.000
250.000
6.500.000
56.000
7.000.000

1,160,000
1,800,000
40,000
500.000
380.000
180.000
2,400,000

500.000
500.000

16,700,000
14,000,000

1 000.000

800.000

650.000
700.000

The laws in every case fix the compensation to be paid, and with
but one or two unimportant exceptions the compensation is based
upon the wages received by the injured person. It consists of
allowance for temporary disability and annual pensions or lump
sum payments for permanent disability or death, to which are added
frequently the expenses of medical and surgical treatment and the
funeral benefit.
The laws of the various countries are not all equally liberal in
providing for compensation in the case of minor accidents, regardless
of the period of resulting disability. Eight countries grant com

134

BULLETIN OF THE BUBEAU OF LABOR STATISTICS.

pensation for all injuries involving any loss of working time, most
important among these being Italy, Russia, and Spain. In most
countries, however, a “ waiting time” is fixed, beyond which disa
bility must extend in order to entitle the injured workman to com
pensation. This waiting time varies greatly, from 2 days, for ex
ample, in the Netherlands and Switzerland up to 60 days in Sweden
and 13 weeks in Denmark. These variations in waiting time, it may
be noted, are important as measuring the completeness with which
accident disabilities are compensated under the various systems, and
must be borne in mind in a study of accident statistics whenever
such statistics are based upon the accidents compensated, as is the
practice in some countries.
In the following statement is shown for each country the length
of disability necessary under the law to entitle the injured workman
to compensation. In this statement no note is made of provisions
for benefits in the form of medical treatment, medicines, etc.
Length of accident disability necessary to entitle injured employees to benefits.

All injuries:
Italy.
Liechtenstein.
Mexico—Nuevo Leon.
Peru.
Portugal.
Russia.1
Servia.1
Spain.
Venezuela.
Over 2 days:
Netherlands.
Switzerland.
More than 3 days:
Austria.1
Cape of Good Hope.
Germany.1
Hungary.1
Luxemburg.1
Norway.1
More than 4 days:
Greece.
Five or more days:
France.
More than 6 days:
Finland.

At least 1 week:
Great Britain.3
Newfoundland.
New Zealand.
South Australia.
Tasmania.
Over 1 week:
Belgium.
Quebec (over 7 days).
Transvaal.
At least 2 weeks:
Alberta.
British Columbia.
Queensland.
Western Australia.
New South Wales.
More than 2 weeks:
Manitoba.
Nova Scotia.
Roumania.1
More than 60 days:
Sweden.
Over 13 weeks:
Denmark.

In some of the countries compensation during the early part of the
disability period is paid out of sickness insurance funds established
under systems of compulsory sickness insurance. Where such pro
vision is made full account has been taken of the fact in making up
*Including benefits paid oat of compulsory sickness insurance funds daring early part of disabilities due
to accident, as explained in the text.
*See also next page.

W O R K M E N 's COMPENSATION LAWS— FOREIGN COUNTRIES.

135

the above statement. The countries in which a system of compul
sory sickness insurance exists and the periods during which dis
abilities resulting from accident are compensated out of sickness
funds are as follows:
Austria, first 4 weeks.
Germany, fourth to ninety-first day.
Hungary, first 10 weeks.
Great Britain, beginning with fourth day.1
Luxemburg, first 13 weeks.
Norway, first 4 weeks.
Boumania, first 2 weeks.
Russia, first 13 weeks.
Servia, first 13 weeks.

In a considerable number of other countries systematic provision
is made for voluntary sickness insurance, but inasmuch as all such
systems are entirely voluntary, with membership depending on the
initiative of the workman himself, they are properly omitted from a
statement such as the above.
The entire burden of the accident compensation cost rests upon the
employer in all but nine countries: Austria, Bulgaria, Germany,
Greece, Hungary, Luxemburg, Montenegro, Roumania, and Russia.
In these countries named the employees bear a part of the expense.
The acts of nearly all of the countries are framed with the view of
obviating the necessity for instituting legal proceedings. If disputes
arise the acts specify the necessary procedure for settlement by spe
cial arbitration tribunals or by ordinary law courts.
In most countries the adoption of the law carried with it the abro
gation of all rights under liability laws for the persons concerned;
in some countries the injured employee retains the right to sue under
the general liability laws in cases of gross negligence on the part of
the employer; while in a few cases the older liability laws are left
undisturbed with the right to choose either method of compensation.
So far as the method of organization of insurance is concerned, the
countries may be divided into two large groups, according to whether
insurance is compulsory or voluntary.
L COMPULSORY INSURANCE.

Two forms of compulsory insurance are differentiated—compulsory
insurance and compulsion to insure; one enforcing compulsory insur
ance in prescribed institutions, the other enforcing the obligation to
insure, but leaving free the choice of the insurance institution.
i* Compulsory insurance in prescribed institutions•

1. In a Government institution with a monopoly of insurance:
Norway, one State insurance bureau for all industries.
Switzerland, a national accident insurance fund, maintained
by the Confederation.
*National Insurance Act has provisions to limit duplication of sickness and compensation benefits.

136

BULLETIN OF TH E BUREAU OF LABOR STATISTICS.

2. In employers’ compulsory mutual associations, controlled by
the State:
a. Organized on territorial lines.
(1) Luxemburg, one institution, for all industries.
(2) Hungary, two institutions—one for Hungary and one
for Croatia-Slavonia, including all industries.
(3) Austria, seven institutions, the whole country being
divided into seven districts for all industries, in
addition to which there are separate institutions for
railroads and mining.
(4) Russia.
h. Organized on industry lines.
(1) Germany, 66 industrial institutions, each covering the
entire country for one group of industries, except
that some industries have several associations, each
covering a specified area; in addition there are 48
agricultural institutions.
(2) Greece, where the law applies to mines, quarries, and
metallurgical establishments only, has a special
miners’ fund.
B. Compulsory insurance with choice of insurance institution*

1. Private companies or mutual associations with State institu
tions competing:
a. Italy has the National Industrial Accident Insurance Insti
tution; except that for navigation and for the Sicilian
sulphur mines, compulsory mutual associations have
been created bv special legislation.
i. Netherlands has the Royal Insurance Bank. The employers
may insure in private insurance companies or may be
permitted to carry their own insurance, but all com
pensation is paid by the Royal Insurance Bank, which
deals with the employer or insurance company.
2. Private companies or mutual associations without State insti
tution competing:
Finland, except that for seamen a special compulsory em
ployers’ mutual association under strict Government control
has been established by special law.
II. VOLUNTARY INSURANCE.
A. Private companies or mutual associations with State institution competing.

1. Sweden, with State Insurance Institute.
2. France, with National Accident Insurance Fund, which, how
ever, is not permitted to provide against temporary disa
bility. Compulsory insurance is provided for seamen in a
special Government institution.

W O B K M E N ’ s COMPENSATION LAWS— FOREIGN COUNTRIES.

137

B. Private companies or mutual associations without State competition.

1. Belgium, while the law specifies that the National Retirement
Fund must provide accident insurance, this provision of the
law has never been put into operation.
2. Denmark, where insurance is voluntary, except that the law
requires compulsory insurance of seamen, either in mutual
associations or in insurance companies, and where a State
institution exists for voluntary insurance of fishermen and
seamen not covered by the compulsory law.
3. Great Britain and the British colonies.
4. Spain.
Wherever there is compulsory insurance in prescribed institutions
controlled by the State, there is of course no question as to the
security of payments. Such is the case in Norway, where a Gov
ernment bureau provides the insurance, and in Switzerland, where
the National Accident Insurance Fund is maintained by the Con
federation. In Germany, Austria, Hungary, Luxemburg, the
Netherlands, and Russia the law either specifically states or implies
the guarantee of the solvency of the institutions providing the
insurance. In Netherlands the injured workman is protected by
the equivalent of insurance in the Royal Insurance Bank, irrespective
of the institution in which the employer carries the insurance; the
uninsured employer and the private insurance companies are required
to give satisfactory guarantees to the Royal Insurance Bank. In
Greece the payments are guaranteed by the national miners’ fund.
The second method of State guarantee is by a special national
fund, from which the compensation is paid in cases of insolvency,
either of the employer or of the insurance carrier. The sources of
revenue of these funds show considerable differences. In Italy,
notwithstanding the system of compulsory insurance, a fund has
been organized under the supervision of the Government Bank of
Deposits and Loans, supported by fines for noncompliance with
requirement to insure, or other fines, and by the compensation due
in fatal cases but not paid because of absence of survivors. In
France the guarantee fund is managed by the National Old Age
Retirement Fund and is supported by special taxes upon all employers
covered by the act, but this fund guarantees pension payments
only, while compensation for temporary disability is secured by a
preferred claim on the assets of the employer. In Belgium the
guarantee fund is managed by the National Retirement Fund and
is supported by a tax levied only upon those employers who do not
carry insurance.
Where no State 'guaranty exists guaranties must be exacted
from insurance companies or from the individual employer.
Wherever insurance is either voluntary or there is a choice of insur

138

BULLETIN OF THE BUBEAU OF LABOB STATISTICS.

ance institutions, the Government protects the insured employee by
requiring the insurance company to maintain proper reserves or to
make guarantee deposits with the Government, or by both methods
combined.
In the case of uninsured employees, their interests are usually
protected by giving them a preferred claim upon the assets of the
employer. In certain countries, where there is no compulsory
insurance, the employer is not permitted to carry the liability for
continuous payment of pensions in cases of death or permanent
disability, but must provide for such payments through insurance
institutions.
In Belgium both reserves and guarantee deposits are exacted; in
addition, the capitalized value of pensions must be deposited in the
National Retirement Fund. There is, therefore, no necessity for
giving the injured employee a preferred claim on the assets of the
employer.
Finland requires the payment of the capitalized value of the
pension to an insurance company in cases where no insurance has
been taken. The guarantee of the pension payments of the unin
sured employer is limited to a preferred claim upon his assets in
case of insolvency in the following countries: Denmark, Great Britain,
Sweden, and the British colonies.
In Spain both reserves and deposits are required from insurance
carriers, but in case of uninsured employers no special provision is
made in case of insolvency.
ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

Compensation laws have been enacted in 41 foreign countries, and
are summarized in the following pages. The law of New Brunswick,
covering compensation for industrial accidents, is not here included
because, while very much broader than the former laws of negligence,
it is still an employers' liability law rather than a workmen’s com
pensation law.

w o r k m e n ' s COMPENSATION LAWS— FOREIGN COUNTRIES.

139

ALBERTA.

Date of enactment March 5,1908; in effect January 1,1909.
Injuries compensated. Injuries by accident arising out of and in the course of the
employment which cause death or disable a workman for at least two weeks from
earning full wages at the work at which he was employed. Compensation is not paid
when injury is due to serious and willful misconduct of the workman, unless the
injury results in death or permanent disablement.
Industries covered. Railway, factories, mines, quarries, engineering work; con
struction, repair and demolition of buildings, either over 30 feet in height, or with the
use of mechanical power.
Persons compensated. Any person employed in manual labor, and other employees
whose remuneration does not exceed $1,200 a year.
Government employees. Government employees are covered by this act if employed
in establishments or undertakings to which the law applies.
Burden of jmyment. Entire cost of compensation rests upon employer.
Compensationfor death.
(а) To those entirely dependent on earnings of deceased, a sum equal to three
years’ earnings, but not less than $1,000, nor more than $1,800.
(б) To those partially dependent on earnings of deceased, a sum less than above*
amount, to be agreed upon by the parties or fixed bv arbitration.
(c) Temporary payments previously made to be deducted from the above
amounts.
(d) If deceased leaves no dependents, reasonable expenses of medical attendance
and burial, but not to exceed $200.
Compensationfor disability. (1) A weekly payment of not more than 50 per cent of
employee’s weekly earnings, but not exceeding $10 a week, for employees 21 years and
over, or earning $10 a week and over; (2) 100 per cent of employee’s eaminss, but not
exceeding $7.50 a week for employees under 21 years of age and earning less than $10.
For partial disability, such weekly payment “ as may appear proper ” with regard to
the difference between employee’s average weekly earnings before the accident and
average weekly amount which he is earning or able to earn after die injury, but not to
exceed (he amount of that difference.
A lump sum may be substituted for the weekly payments after six months, on the
application of the employer, the amount to be settled by agreement or by the courts.
Revision of compensation. Weekly payments may be revised at request of either
party.
Insurance. Employers may make contracts with employees for substitution of a
scheme of compensation benefit or insurance in place of tne provisions of the act, if the
attorney general certifies that the scheme is not less favorable to the workmen and their
dependents than the provisions of the act, and that a majority of the workmen are fa
vorable to the substitute. The employers are then liable only in accordance with the
provisions of the scheme.
Security o f payments. In case of employer’s bankruptcy, the amount of compensa
tion due under this act, up to $500 in any individual case, is classed as a preferred
claim, or when an employer has entered into a contract with insurers in respect of
any liability under the act to any workman, such rights of the employer, in case he be
comes bankrupt, are transferred to and vested in the workman.
Settlement of disputes. (33) Disputes arising under the act are settled by arbitration,
either by an arbitration committee representing employer and employees, or by an
arbitrator, or, in absence of agreement, by the court. The attorney general may confer
upon such arbitration committee any or all of the powers of courts in connection with
the act.

140

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

AUSTRIA.
Date of enactment Dec. 28,1887; in effect Nov. 1,1889. Amendatory and supple
mentary acts, Mar. 30, 1888, Apr. 4 and July 28, 1889, Jan. 17, 1890, Dec. 30, 1891,
Sept. 17,1892, July 20,1894, July 12,1902, Aug. 9,1908, Feb. 8, 1909, Apr. 29,1912,
and Feb. 11,1913.
Injuries compensated. All injuries causing death, or disability for more than three
days received m the course of employment, unless caused intentionally.
industries covered. Mining^ quarrying, stonecutting, manufacturing, building trades,
railways, transportation on inland waters, storage, theaters, chimney sweeping, street
cleaning, building, cleaning, sewer cleaning, dredging, well digging, structural iron
working, etc.; agricultural and forestry establishments using machinery; operating
motor vehicles, when not training for or taking part in racing; marine navigation ana
fishing on the high seas.
Persons compensated. All workmen and technical officials regularly employed, but
in agriculture and forestry only employees exposed to machinery.
Government employees. Act applies to Government employees unless an equal
or more favorable compensation is provided by other laws.
Burden of payment Medical and surgical treatment for twenty weeks and compensa
tion for four weeks of disability paid by sick funds, to which employers contribute
one-third and employees two-thirds. Compensation for disability after fourth week,
and for death, paid by territorial insurance associations, to which employees con
tribute 10 per cent and employers 90 per cent. In marine navigation and fishing on
the high seas the entire burden is on the employer.
Compensationfor death.
(а) Funeral expenses not to exceed 25 florins ($10.15).
(б) Pensions to members of family, not to exceed 50 per cent of earnings of de
ceased, to—
Widow, 20 per cent until death or remarriage; in the latter case a lump sum
equal to three annual payments; to dependent widower, 20 per cent during
disability.
Each legitimate child, 15 years of age or under, 15 per cent when one parent
survives and 20 per cent when neither survives; to each illegitimate child.
15 years of age or under, 10 per cent: pensions of widow (or widower) ana
children reduced proportionately if they aggregate over 50 per cent.
(c) When pensions to above heirs do not reach 50 per cent, dependent heirs in
ascending line receive pensions, not to exceed 20 per cent of earnings of
deceased? parents taking precedence over grandparents.
(d) In computing pensions, the excess of the annual earnings over 1,200 florins
($487.20) is not considered.
Compensationfor disability.
(a) Medical and surgical attendance for 20 weeks, paid by sick benefit fund.
(b) For total temporary or permanent disability, 60 per cent of average daily
wages of insured workmen in the locality, paid by sick benefit funds, from
first to twenty-eighth day; and 60 per cent of average annual earnings
of injured persons, after twenty-eighth day, paid by territorial accident
insurance institutions.
(c) For partial, temporary, or permanent disability, benefits consist of a portion
of above allowance, but may not exceed 50 per cent of average annual
earnings.
(d) In computing payments, the excess of annual earnings over 1,200 florins
($487.20) is not considered.
Revision of compensation. Reconsideration of the case may be undertaken by
the insurance association of its own will, or upon petition.
Insurance. Payments are met by mutual insurance associations of employers in
which all employees are required to be insured. The country is divided into dis
tricts, with a separate association for each district.
Security of payments. Operations of the insurance associations are conducted under
the supervision of the minister of interior, who may increase the assessments.
Settlement of disputes. Disputes are settled by arbitration courts composed of a
judicial officer appointed by the minister of justice, two experts appointed by the
minister of the interior, and one representative each of tne employers and the
employees.

W O R K M E N ^ COMPENSATION LAWS— FOREIGN COUNTRIES.

141

BELGIUM.

Date of enactment. December 24,1903; in effect July 1, 1905.
Injuries compensated. All injuries by accident to employees in the course of and by
reason of the execution of the labor contract, causing death, or disability for over one
week, unless intentionally brought on by the person injured.
Industries covered. Practically all establishments in mining, quarrying, forestry
work, manufacturing, building and engineering work, transportation, and telephone
and telegraph services; establishments using mechanical motive power; industrial
establishments employing five or more persons; agricultural and commercial estab
lishments employing three or more persons; industries designated by royal decree as
dangerous. Other industries at option of employer.
Persons compensated. Workmen and apprentices, and salaried employees exposed to
the same risks as workmen whose annual salaries do not exceed 2,400 francs ($463.20).
Government employees. Act covers employees of any public establishment engaged
in industries enumerated above.
Burden of payment. Entire cost of compensation rests upon employer.
Compensationfor death.
(a) Funeral benefit of 75 francs ($14.48).
(b) A sum representing value of an annuity of 30 per cent of annual earnings of
deceased, calculated upon basis of his age at death, to be distributed to—
Dependent widow or widower, whole amountif no other heirs, four-fifths if one
child under 16 years of age or one or more dependent heirs, three-fifths if
two or more children.
Children under 16 years of age, the residue.
Dependent heirs in ascending line and descending line under 16 years of age,
in absence of widow or widower or children under 16 years of ace.
Dependent brothers and sisters under 16 years of age in absence of heirs above
enumerated.
(c) Allowances in case of annual wages of 2,400 francs ($463.20) or more, or of
365 francs ($70.45) or less, are based upon those amounts, respectively.
(d) Payments to widow and heirs in ascending line are converted into Hfepensions,
those to other heirs into pensions expiring at age of 16 years. Heirs may
require one-third of capital value of life pensions to be paid in cash ana
pension reduced accordingly.
(a f Expense of medical and surgical treatment for not over six months.
(6) If totally disabled, an allowance of 50 per cent of daily wages, beginning
with day after accident.
(c) If partially disabled, an allowance of 50 per cent of loss of earning power,
beginning with day after accident.
(d) If alter three years disability is permanent, temporary allowance is replaced
by life annuity. Victim may require one-third of capital value of pension
to be paid in cash and pension reduced accordingly.
(e) Allowances in case of annual wages of 2,400 francs ($463.20) or more, or of
365 francs ($70.45) or less, are based upon these amounts, respectively.
Revision of compensation. Revision of compensation because of aggravation or dimi
nution of disability, or death of victim, may be made within three years.
Insurance. Employers may transfer burden of payment of compensation to estab
lishment funds or approved insurance companies or to general savings and retirement
fund. They may also transfer burden of payment of temporary allowances to mutual
aid societies.
Security of payments. Employers who have not relieved themselves of liability by
insurance must make deposits of cash or securities or give real-estate mortgages to
secure pension payments. To secure temporary disability payments of uninsured
employers a state guaranty fund is maintained by a tax levied upon such employers.
Settlement of disputes. The local justice of the peace has sole jurisdiction as a court
of first resort over disputes arising under the act, and his judgment is final in all cases
involving 300 francs ($57.90) or less.

142

BULLETIN OP THE BUBEAU OF LABOB STATISTICS.

BRITISH COLUMBIA.

Date of enactment. June 21,1902; in effect May 1, 1903.
Injuries compensated. Injuries by accident arising out of and in the course of the
employment which cause death or disable a workman for at least two weeks from
earningfull wages at the work at which he was employed, unless the injuryis “ attribut
able solely to the serious and willful misconduct or serious neglect” of the injured
workman.
Industries covered. Railways, factories, mines, quarries, engineering work, and
buildings which exceed 40 feet in height and are being constructed or repaired by
means of a scaffolding or being demolished or on which machinery driven by mechan
ical power is used for construction, repair, or demolition.
Persons compensated. All persons engaged in manual labor or otherwise.
Government employees. Act applies to civilian employees in the service of the
Crown, to whom it would apply if the employer were a private person.
Burden of payment. Entire cost of compensation rests upon employer.
Compensationfor death.
(а) A sum equal to three years1earnings, but not less than $1,000 nor more than
$1,500, to those wholly dependent on earnings of deceased.
(б) A sum less than above amount if workman leaves persons partially dependent
on his earnings, the amount to be agreed upon by the parties or to be fixed
by arbitration.
(c) Reasonable expenses of medical attendance and burial not exceeding $100
if deceased leaves no dependents.
Compensationfor disability.
(a) A weekly payment during disability after second week, not exceeding 50 per
cent of employee’s average weekly earnings during the previous twelve
months, such weekly payments not to exceed $10 and total liability not
to exceed $1,500.
(b) A weekly payment during partial disability after second week to be fixed
with regard to the difference between employee's average weekly earnings
before the accident and average weekly amount which he is earning or
able to earn after the injury.
(e) A lump sum may be substituted for the weekly payments, after six months,
on the application of the employer, the amount to be settled, in default
of agreement, by arbitration under the act.
jRevision of compensation. Weekly payments may be revised at request of either
party.
Insurance. Employers may contract with their employees for the substitution of a
scheme of compensation, benefit, or insurance in place of the provisions of the act if
the attorney general certifies that the scheme is on the whole not less favorable to the
general body of employees and their dependents than the provisions of the act. In
such case the employer is liable only in accordance with this scheme.
Security of payments. When an employer becomes liable under the act to pay com
pensation and is entitled to any sum from insurers on account of the amount due to a
workman under such liability, then in the event of the employer becoming bankrupt,
such workman has a first claim upon the amount so due, and a judge of the supreme
court may direct the insurers to pay such sum into any chartered bank of Canada to
be invested or applied to payment of compensation.
Settlement of disputes. Disputes arising under the act are settled by arbitration of
existing committees representative of employers and employees, or, if either party
objects, by a single arbitrator agreed upon by the parties, or, in the absence of agree
ment, by an arbitrator appointed by a judge of the supreme court. An arbitrator
appointed by a judge of the supreme court has all the power of a judge of the supreme
court. Questions of law may be submitted by the arbitrator for the decision of a
judge of the supreme court.

w o r k m e n ' s COMPENSATION LAWS— FOREIGN COUNTRIES.

143

BULGARIA.

According to the act of March 7,1909, certain industrial undertakings (i. e., those
enjoying certain advantages conferred by this act) are bound to provide a special
funa for the insurance of their workpeople against accidents or to insure them with
one of the insurance companies of this country. The manner of providing such funds
is to be fixed by the minister of commerce and agriculture. The workpeople also
contribute to the fund by means of deductions from their wages.

144

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

CAPE OF GOOD HOPE.

Date of enactment. June 6, 1903; in effect September 1, 1905; amended August 31,
1906.
Injuries compensated. All injuries to employees arising out of and in the course of
the employment causing death or necessitating absence from work for more than three
days and not being caused by or through the gross carelessness of the injured employee.
industries covered. Any trade, business, or public undertaking, on land or upon or
within the territorial waters of the colony, except domestic, messenger, or errand
service or employment in agriculture.
Persons compensated. Employees, whether engaged in manual work or otherwise.
Government employees. Act applies to civilian persons employed by or under the
Crown to whom it would apply if employer were a private person.
Burden o f payment. Employer and every principal are jointly and severally liable
for the compensations required under the act.
Compensationfor death. When death results from an injury for which a lump sum
has not already been paid on account of permanent disability—
(а) A lump sum not exceeding three years* wages of deceased, nor more than
£400 ($1,946.60), to those wholly dependent upon the workman’s earnings.
(б) A lump sum not exceeding £200 ($973.30) to those partially dependent upon
the workman’s earnings; in the absence of persons totally dependent, the
sum not to exceed the value of the support which they were receiving
from the deceased, calculated for two years.
(c) Temporary payments previously made not to be deducted from above sums
unless they have continued longer than three months.
(d) Reasonable expenses of medical attendance and burial not exceeding £40
($194.66) in case deceased leaves no dependents.
Compensation for disability.
(а) A sum not exceeding three years’ wages, less any payments received under a
provisional order of court, but not exceeding £600 ($2,919.90) in case of
permanent total disability, and a smaller sum in proportion to loss of
earning power and not exceeding £300 ($1,459.95) in case of permanent
partial disability.
(б) A payment made, by order of the local magistrate, at the same intervals as
the customary wage payments, not exceeding 50 per cent of wages received
at time of the injuiy, nor £2 ($9.73) per week if the injury causes tempo
rary disability lasting more than three days.
Revision o f compensation. The provisional order may be set aside or altered by the
magistrate, upon request of either party, if justified by a further examination of the
injured person or by production of additional evidence.
Insurance. Employers may insure in a company or association against personal
injury to the workmen employed by them or in their behalf. If the employer con
tributes toward a benefit society of which the injured or deceased person is a member,
allowance is made for such contribution by the court in its order or judgment fixing
amount of compensation to be paid.
Security o fpayments. When an employer or principal is adjudged or admits liability
under the act and is entitled to any sum from any insurers on account of such liability,
then, in the event the employer becomes insolvent, the worker or his dependents
have a first claim upon such sum.
Settlement o f disputes. Compensation in cases of disability is fixed provisionally
for not more than six months by the local magistrate after receiving a physician’s
certificate of disability and holding an inquiry. No appeal can be taken from this
preliminary order except against a finding on the question of gross carelessness and
then only upon leave granted by the superior court. In case the injury results
in death or permanent disability, the claimants have a* right of action in the local
magistrate’s court for the amounts due under the law. in fixing the amount the
court is required in every case to have regard to the workman’s or the dependent’s
necessities.

WORKMEN*S COMPENSATION LAWS— FOREIGN COUNTBIES.

145

DENMAKK.

Date of enactment. January 7, 1898; in effect January 15, 1899; amended May 15,
1903; May 27, 1908. Sickness insurance, April 12, 1892.1
Injuries compensated. All injuries by accident occasioned by the trade or its condi
tions, and causing either death or disability lasting over 13 weeks,2 unless brought on
intentionally or through gross negligence of the victim.
Industries covered. Practically all establishments in mining, quarrying, manufac
tures, building and engineering work, transportation, telephone and telegraph serv
ices, diving and salvage, establishments using mechanical power which makes them
subject to factory inspection, agriculture, dairying, forestry, and horticulture, pro
vided the estate has a value of 6,000 crowns ($1,608) or over; other industrial estab
lishments designated by the minister of the interior.
Persons compensated. All workmen in mechanical and technical departments, in
cluding those in supervisory capacity whose annual earnings do not exceed 2,400
crowns ($643.20); 1,500 crowns ($402) in agriculture, etc.
Government employees. Act applies to all employees of State and the communal
governments in industries above indicated.
Burden o f payment. Entire burden of payment rests upon employer, except in
agriculture, etc., where one-half is paid from the public treasury.
Compensationfor death.
(а) Funeral benefit of 50 crowns ($13.40).
(б) A lump sum equal to four times annual earnings of deceased, but not over
3,200 crowns ($857.60) nor less than 1,200 crowns ($321.60), to—
Widow whole amount, if she survives.
Child whole amount, if it be the only heir.
Children, according to decision of insurance council, *when there is no
widow.
If neither widow nor children, insurance council decides whether and how
far other heirs receive compensation.
Compensation for disability.
(a) From end of thirteenth 2 week after accident until end of treatment, or
until disability is declared permanent, a daily compensation of 60 per cent
of earnings, but not less than 1 crown (27 cents) nor over 2 crowns (54
cents} for total disability, and a proportionate compensation for partial
disability.
(b) In case of permanent disability an indemnity of six times annual earnings,
but not less than 1,800 crowns ($482.40) nor over 4,800 crowns ($1,286.40)
for total permanent disability, and proportionate payments for partial
permanent disability.
(c) If employee suffering from permanent disability is a male between 30 and
55 years of age, ne may demand purchase of an annuity. For men of
other ages, or of unsound mind, or women and children, the insurance
council may substitute an annuity.
A scale ©^compensation differing from industrial occupations is provided for agri
cultural, etc., accidents.
Revision of compensation. Determination of degree of permanent disability must be
made as soon as possible after one year from date of injury. If this be not possible, a
temporary determination may be made, but a redetermination may be demanded
within two years following.
Insurance. Employers may transfer obligation imposed by the law, by insuring
their employees in authorized insurance companies or mutual employers’ insurance
associations.
Security of payments. Where liability under the law has not been transferred by
insurance, indemnity for disability is a preferred claim upon assets of employer.
Settlement of disputes. Disputes concerning compensation, unless settled by mutual
consent; must be referred to insurance council. Appeals may be had to the minister
of interior.
* Foreign workmen are covered by a special law of Apr. 1,1912; seamen by act of 1905; fishermen by act
of 1908.
d * X iU ty ^ sickness insurance kw* Apr. 12,1892, provides benefits for first 13 weeks for accidentscaasing

30597°—Bull. 126—14----- 10

146

BULLETIN OF THE BUREAU OP LABOB STATISTICS.

FINLAND.

Date o f enactment. December 5, 1895; in effect January 1,1898; supplementary act,
October 9,1902.
Injuries compensated. All injuries by accident during work, causing death or dis
ability for more than six days, except when brought on intentionally or through gross
negligence of victim, intentionally by any other person than the one charged with
supervision of the work, or caused by some other occurrence utterly independent of
the nature or conditions of work.
Industries covered. Mines, quarries, metalluigical establishments, factories, sawmills,
industrial establishments using mechanical power, construction of churches and build
ings over one story high; construction and operation of water, gas, electric power plants,
and operation of railroads: and maritime navigation.
Persons compensated. All persons actually employed at work, but not those super
vising only.
Government employees. Act applies to employment on the State and communal con
struction works and State railways.
Burden of jmyment. Entire burden of payment rests upon employer.
Compensationfor death. In addition to any prior payments on account of disability,
pensions to dependent heirs, from day of death, not exceeding 40 per cent of annual
earnings of deceased, to—
(а) Widow, 20 per cent, until death or remarriage; in latter case a final sum equal
to two annual payments.
(б) Each child until the age of 15 years, 10 per cent, if one parent survives, and
20 per cent if neither parent survives.
(c) In computing pension, earnings of workman to be considered not over 720
marks ($138.96) nor under 300 marks ($57.90); but no adult employee to
receive a pension greater than his actual earnings.
Compensationfor disability.
(a) A pension equal to 60 per cent of employee’s earnings for total disability, or a
ension proportionate to the degree of incapacity for partial disability, to
e paid from day of recovery from illness due to injury, or after 120 days
have elapsed since injury.
(b) Pension may by mutual consent be replaced by single payment, if it does not
exceed 20 marks ($3.86) annually.
(c) In computing pension, earnings of workman to be considered not over 720
marks ($138.96) nor under 300 marks ($57.90); but no adult employee to
receive a pension greater than his actual earnings.
(d) In cases of temporary disability (including all cases of disability for 120 days
after injury) daily compensation of 60 per cent of earnings, beginning with
seventh day after accident, for complete temporary disability, and a pro
portionate compensation for partial disability; but not more than 2.50
marks (48 cents) per diem.
(e) Until recovery, injured employee may be given treatment in a hospital in lieu
of other compensation; during such treatment his wife and children get
a compensation equal to pension in case of death.
Revision of compensation. Demands for revision of compensation may be made by
either party before proper court.
Insurance. Employers are required to transfer the burden of payment of compensa
tion to a governmental insurance office, private insurance company, mutual employers’
insurance association, or approved foreign insurance company, unless unable to obtain
such insurance or released from this obligation on presentation of satisfactory guar
antees.
Security of payments. When exempted from the duty of insuring his employees, or
unable to obtain insurance, the employer must guarantee payment of pension to the
injured workman or his family by arrangement with a private insurance company.
Settlement of disputes. In case of absence of insurance or dissatisfaction with decision
of insurance company, injured employee or his dependent may carry the case into the
inferior court of the locality.

WOKKMEN’s

COMPENSATION LAW’S— FOBEIGN COUNTRIES.

147

FRANCE.

Date of enactment, April 9, 1898; in effect July 1, 1899; amendatory and supple
mentary acts March 22, 1902, March 31, 1905, April 12, 1906, July 18, 1907, and
March 26, 1908.1
Injuries compensated. All injuries by accident to workmen or salaried employees
during or on account of labor causing death, or disability for five or more days, unless
produced intentionally by the victim. If due to inexcusable fault of victim or of
employer, compensation may by a court order be decreased or increased, but not
exceeding actual earnings of victim.
Industries covered. Bunding trades, factories, workshops, shipyards, transportation
by land and water, public warehouses, mining and quarrying, manufacture orhandling
of explosives, agricultural and other work using mechanical power, and mercantile
establishments; other industries on request of both parties.
Persons compensated. All workmen and salaried employees.
Government employees. Law applies to State, departmental, and communal establish
ments when engaged in industries enumerated^ above.
Burden of payment. Entire cost of compensation fells upon employer.
Compensationfor death.
(a) Funeral expenses not exceeding 100 francs ($19.30).
(b) Pensions to dependent heirs not exceeding 60 per cent of annual wages of
deceased, distributed to—
Widow or widower, 20 per cent until death or remarriage, in which latter
case a final sum equal to three annual payments.
Children under 16 years of age if one parent survives—15 per cent if there is
but one child; 25 per cent if there are two children; 35 per cent if there are
three children; 40 per cent if there are four or more children.
Each child under 16 years of age if neither parent survives, 20 per cent.
Each ascendant and each descendant under 16 years of age dependent upon
deceased, if no widow or children survive, 10 per cent, the aggregate not
to exceed 30 per cent.
(c) If annual wages exceed 2,400 francs ($463.20), only one-fourth of the excess is
considered in computing pensions.
Compensationfor disability.
(a) Expenses of medical or surgical treatment.
(b) If permanently disabled, a pension of 66$ per cent of annual wages for total
disability and of one-half loss of earning capacity for partial disability; or
if demanded, one-fourth the capital value of pension in cash, the pension
to be reduced accordingly.
(c) If temporarily disabled, an allowance of 50 per cent of daily wages, beginning
with fifth day, and including Sundays and holidays, unless disability lasts
more than ten days, when payments become due irom the first day.
(d) If annual wages exceed 2,400 francs ($463.20), only one-fourth of the excess is
considered in computing pensions.
(e) Payments of pensions of not over 100 francs ($19.30) per annum may, by
mutual consent when beneficiary is of age, be replaced by a cash pajnnent.
Revision of compensation. Revision of compensation because of aggravation or
diminution of disability of victim may be made within three years.
Insurance. Employers may transfer burden of payment of compensation to approved
mutual aid, accident insurance, or guaranty associations, or in case of pensions, to
national accident insurance or national old-age pension funds.
Security of payments. The State gupantees against loss of pension payments on
account of insolvency of employers or insurance oiganizations, and is reimbursed by a
special tax on employers witnin scope of the act. For temporary disability payments,
medicines and medical or surgical attendance, and funeral expenses the victim, his
creditors, or representatives have a preferred claim on property of employer.
Settlement of disputes. Disputes as to pensions or involving more than 300 francs
($57.90) may be carried into higher civil courts. Judgment of local justice of the peace
is final in other cases.
i Special law covering seamen (December 29,1905; amended July 13,1911) provides different system
and scale of compensation from that above.

148

BULLETIN OF THE BUREAU OF LABOR STATISTICS,

GERMANY.

Date of enactment Code of July 19,1911; in effect January 1,1913, replacing pre
vious laws (July 6, 1884; supplementary acts of May 28, 1885, May 5, 1886, July 11
and July 13, 1887; and a codification enacted June 30,1900).
Injuries compensated. Injuries by accident in the course of the employment, causing
death, or disability for more than three days, unless caused intentionally by the
injured and his survivors. Compensation may be refused or reduced if injury was
received while committing an illegal act.
Industries covered. Mining, salt works, quarrying, and allied industries, factories,
manufacture of explosives, production or distribution of electric power, shipyards,
smelting works, building trades, breweries, pharmacies, tanneries, bathing establish
ments, chimney sweeping, window cleaning, butchering, fish culture, ice cutting,
transportation, expressing, hauling, and storage, agriculture, forestry, and fisheries.
Persons compensated. All workmen and apprentices; those establishment officials
whose annual earnings are less than 5,000 marks ($1,190). With the approval of the
Federal Council the law may be extended to other classes.
Government employees. Act covers Government employees in postal, telegraph, and
railway services ana in industrial enterprises of Army and Navy, unless otherwise
provided for.
Burden of payment. Medical and surgical treatment for 91 days and benefit payments
from beginning of fourth to ninety-first day are provided by sick-benefit funds, to
which employers contribute one-third and employees two-thirds; from beginning of
twenty-ninth to ninety-first day payments are increased by one-third at expense of
employer in whose establishment accident occurred; after ninety-first day, and in
case of death from injuries, expense is borne by employers’ associations supported by
contributions of employers.
Compensationfor death.
(a) Funeral benefits of one-fifteenth of annual earnings of deceased, but not less
than 50 marks ($11.90).
(b) Pensions to dependent heirs not exceeding 60 per cent of annual earnings of
the deceased, as follows: Widow, 20 per cent of annual earnings until
death or remarriage; in latter case a final sum equal to three annual
payments; dependent widower, 20 per cent of annual earnings; each
child 15 years of age or under, 20 per cent; payments to consort and to
children to be reduced proportionately if tne total would exceed 60 per
cent; dependent heirs in ascending line, 20 per cent or less, if there is a
residue after providing for above heirs; orphan grandchildren, 20 per cent
or less, if there is a residue after providing for above heirs.
(c) If annual earnings exceed 1.800 marks ($428.40), only one-third of excess is
considered in computing pensions.
Compensationfor disability.
(a) Free medical and surgical treatment paid first 13 weeks by sick benefit funds
and afterwards by employers’ associations.
(b) For temporary or permanent total disability, 50 per cent of daily wages of
persons similarly employed, but not exceeding 3 marks (71 cents), paid
by sick benefit funds from beginning of fourth day to end of fourth week;
from fifth to end of thirteenth week, above allowance by sick benefit fund,
plus 16f per cent contributed by employer direct; after 13 weeks, 66J
per cent of average annual earnings of injured person paid by employers’
associations.
(c) For complete helplessness necessitating attendance, payments may be in
creased to 100 per cent of annual earnings.
(d) For partial disability, a corresponding reduction in payments.
(€) If annual earnings exceed 1,800 marks ($428.40), only one-third of excess is
considered in computing pensions.
Revision of payments. Whenever a change in condition of injured person occurs, a
revision of benefits may be made.
Insurance. Payments are met by mutual insurance associations of employers, in
which all employees are required to be insured at the expense of employers. Separate
associations have been organized for each industry.
Security of payments. Solvency of employers’ association is guaranteed by the State.
Settlement of disputes. Disputes are settled by the “ superior insurance offices,”
composed of Government officials and an equal number of representatives of employers
and employees.

w o r k m e n ' s COMPENSATION LAWS— FOREIGN COUNTRIES.

149

GREAT BRITAIN.

Date of enactment December 21,1906; in effect July 1,1907, replacing acts of August
6, 1897, and July 30,1900.
Injuries compensated. Injuries by accident arising out of and in the course of the
employment which cause death or disable a workman for at least one week from earn
ing full wages at the work at which he was employed. Compensation is not paid
when injury is due to serious and willful misconduct, unless it results in death or
serious and permanent disablement.
Industries covered. “ Any employment.”
Persons compensated. Any person regularly employed for the purposes of the employ
er’s trade or business whose compensation is less than ,£250 ($1,216.63) per annum;
but persons engaged in manual labor only are not subject to mis limitation.
Government employees. Act applies to civilian persons employed under the Crown
to whom it would apply if the employer were a private person.
Burden of payment. Entire cost of compensation rests upon employer.
Compensationfor death.
(a) A sum equal to three years’ earnings, but not less than £150 ($729.98) nor
more than £300 ($1,459.95), to those entirely dependent on earnings of
deceased.
(b) A sum less than above amount if deceased leaves persons partially dependent
on his earnings, amount to be agreed upon by the parties or fixed oy arbi
tration.
(c) Reasonable expenses of medical attendance and burial, but not to exceed £10
($48.67) if deceased leaves no dependents.
Compensationfor disability.
(a) A weekly payment during incapacity of not more than 50 per cent of em
ployee’s average weekly earnings during previous twelve months, but not
exceeding £1 ($4.87) per week; if incapacity lasts less than two weeks no
payment is required for the first week.
(b) A weekly payment during partial disability, not exceeding the difference
between employee’s average weekly earnings before injury and average
amount which he is earning or is able to earn after injury.
(c) Minor persons may be allowed full earnings during incapacity, but weekly
payments may not exceed 10 shillings ($2.43).
(d) A sum sufficient to purchase a life annuity through the Post-Office Savings
Bank of 75 per cent of annual value of weekly payments may be substi
tuted, on application of the employer, for weekly payments after six
montns; but other arrangements for redemption of weekly payments may
be made by agreement between employer and employee.
Revision o f compensation. Weekly payments may be revised at request of either
party, under regulations issued by the secretary of state.
Insurance. Employers may make contracts with employees for substitution of a
scheme of compensation, benefit, or insurance in place of the provisions of the act,
if the registrar of friendly societies certifies that the scheme is not less favorable to
the workmen and their dependents than the provisions of the act, and that a majority
of the workmen are favorable to the substitute. The employer is then liable only
in accordance with the provisions of the scheme.
Security of payments. In case of employer’s bankruptcy, the amount of compensa
tion due under the act, up to £100 ($486.65) in any individual case, is classed as a
preferred claim; or where an employer has entered into a contract with insurers in
respect of any liability under the act to any workman, such rights of the employer,
in case he becomes bankrupt, are transferred to and vested in the workman.
Settlement of disputes. Questions arising under the law are settled either by a com
mittee representative of the employer and his workmen, by an arbitrator selected by
the two parties, or, if the parties can not agree, by the judge of the county court, who
may appoint an arbitrator to act in his place.

150

BULLETIN OF THE BUREAU OP LABOR STATISTICS.

GBEECE.

Date o f enactment. February 21 (March 6), 1901; in effect (retroactively) December
20,1900 (January 2, 1901V
Injuries compensated. All injuries by accidents during or because of the employ
ment and causing death or disability lasting more than four days, unless brought on
intentionally by the injured person.
Industries covered. Mines, quarries, and metallurgical establishments.
Persons compensated. All workmen and subordinate salaried persons.
Government employees. No mention of Government employees is made in the law.
Burden o f payment. Employer carries full burden of payment of indemnities during
first three months; after three months half the payments of pensions are contributed
by the miners’ fund, which is mainly supported by a tax on the mines and metal
lurgical establishments, but partly by contributions from the workmen’s mutual aid
societies in these establishments and some minor sources.
Compensationfor death.
(а) If death occurs immediately or within three months: (1) Funeral expenses
amounting to 60 drachmas ($11.58); (2) pensions to heirs aggregating pen
sion paid for total disability.
(б) If death occurs three months after injury or later, pensions to heirs aggregat
ing 75 per cent of pension paicl during life of the injured.
(c) All pensions to heirs are distributed as follows: Equal share to widow and
children, or, in absence of widow and children, equal share to father and
mother.
(d) Pension to widow ceases on her remarriage; to male children at 16 years of
age; to female children on their marriage, with payment of one year’s
pension as a dowry.
(e) If only one heir survives, he is entitled to only one-half of original pension.
Compensationfor disability.
(а) Free medical and surgical treatment.
(б) An allowance of 50 per cent of earnings of injured employee during first three
months.
(c) If permanently disabled, a pension of 50 per cent of earnings in case of total
disability (including loss of a hand or foot); in case of partial disability,
a pension of 33J per cent of earnings, pension payments to begin after
end of third month.
(d) Pension may not exceed 100 drachmas ($19.30) per month plus 25 per cent of
the excess of computed pension over 100 drachmas ($19.30).
(e) In computing pension of apprentices and children, no wage is to be considered
less than 2.50 drachmas (48 cents) per day.
Revision of compensation. Injured employee may present a new petition, or the
council of the miners’ fund may order a new examination, whenever there is reason
to believe that changes have occurred in the degree of disability.
Insurance. No provision is made by the law for the transfer of the burden of payment
of compensation by insurance.
Security o f payments. The miners’ fund guarantees payment of pensions and other
allowances, and has preferred claim upon employer’s assets in cases of dissolution or
forced sale of establishments, and also in case of voluntary transfer, unless the new
proprietor assumes the obligations under the law.
Settlement of disputes. Amount of pension is settled by the council of the miners’
fund, and appeals against its decisions may be carried into the ordinary courts.

w o r k m e n ’ s COMPENSATION LAWS— FOREIGN COUNTRIES.

151

HUNGARY.

Date o f enactment. April 9,1907; in effect July 1, 1907.
Injuries compensated. Injuries by accident in the course of the employment causing
death, or disability lor more than three days. Injuries caused intentionally are not
compensated unless fatal.
Industries covered. All factories subject to inspection, mines, quarries, metallurgical
establishments, building trades, lumbering, construction work, shipbuilding, slaugh
terhouses, pharmacies, sanatoria, theaters^ institutes of art and science.1
Persons compensated. All employees in industries enumerated.
Government employees. Act covers Government employees in State, municipal, and
communal industries enumerated above.
Burden o f payment. All benefits and cost of treatment for first ten weeks provided
by sick funds to which employers and employees contribute equally. Beginning with
eleventh week entire cost is defrayed by employers through the accident fund.
Compensationfor death.
(art Funeral benefit of twenty times average daily wages.
(b) Pensions to heirs not exceeding 60 per cent of annual earnings of deceased,
as follows—
Widow, 20 per cent of annual earnings until death or remarriage: in latter
case a final sum equal to 60 per cent of annual earnings; or to dependent
widower 20 per cent during disability.
Each child 16 years of age or under, 15 per cent if one parent survives, 30
per cent if neither survives; payments to consort and children reduced
proportionately if they aggregate more than 60 per cent.
Dependent parents and grandparents if there is a residue after providing for
above heirs, 20 per cent or less.
Dependent orphan grandchildren 15 years of age or under, if there is a residue
after providing for above heirs, 20 per cent or less.
(c) Where both parties were insured and both die as result of accident the pension
is based on the earnings of the one receiving the highest wages.
(d) In computing pensions the excess of annual earnings above 2,400 crowns
($487.20) is not considered.
(e) Pension is allowed after the child has completed the sixteenth year if needed
^
to enable hirn^to complete his education.
( a f Free medical and surgical treatment provided first ten weeks by sick fund,

and afterward by accident fund.
(6) For temporary or permanent total disability, 50 per cent of average daily
wages but not exceeding 4 crowns (81 cents) for first ten weeks, provided
by sick fund; beginning with eleventh week, 60 per cent of average annual
earnings, provided by accident fund.
(c) For complete helplessness necessitating attendance payments may be in
creased to 100 per cent of annual earnings.
(d) For partial disability a corresponding portion of full pension.
(e) In computing pensions the excess of annual earnings above 2,400 crowns
($487.20) is not considered.
Revision of compensation. Whenever a change in condition of injured person occurs
the accident fund or the injured person may ask for a revision of the benefits.
Insurance. Payments are met by a State insurance institution, in which all em
ployees are required to be insured at the expense of employers.
Security o f payments. Guaranteed by the State.
Settlement o f disputes. Disputes are settled by arbitration courts, consisting of a
presiding judge and an equal number of representatives of workmen and employers.
i Employers in certain industries, agriculture, domestic service, and certain small landholders, each
having an income of not over 1,000 crowns ($203) may take out voluntary insurance under the act.

152

BULLETIN OF TH E BUREAU OF LABOR STATISTICS.

ITALY.

Date of enactment March 17, 1898; in effect September 17, 1898. Amended June
29, 1903. Promulgated in codified form January 31, 1904. Supplementary acts,
July 11,1904, December 14,1905, and July 14,1907.
Injuries compensated. All injuries sustained by workmen or salaried employees
during or on account of labor. If due to willful misconduct, employer may be reim
bursed through criminal action.
Industries covered. Mines (including sulphur mines), quarries, building trades;
light, heat, and power plant; arsenals; maritime construction work: transportation:
industries requiring the use or handling of explosives; all industrial or agricultural
work in proximity to power machinery; where more than five persons are employed
in engineering construction work; operation for protection against landslides, floods,
hailstorms; logging and timber rafting, and shipbuilding; maritime navigation.
Persons compensated. All workmen and apprentices and overseers receiving not
more than 7 lire ($1.35) per day and paid at intervals of one month or less.
Government employees. Act applies to employment in State, provincial, and com
munal industries enumerated above unless specially provided for, to work performed
for a Government institution under contract or concession, and to officials and workmen employed in the postal and telegraph service and the telephone service.
Burden of payment. Entire cost of compensation rests upon employer.
Compensation for death. If within two years after the accident, five times annual
wages of deceased workman, with a maximum of 10,000 lire ($1,930), distributed to—
(а) Surviving consort two-fifths of indemnity if there are children; one-half of
indemnity if there are dependent ascendents; three-fifths of indemnity
if only dependent brothers or sisters; entire indemnity in absence of
heirs enumerated.
Children, amounts sufficient to purchase an annuity of equal amount for
each child under 12 years of age, and one-half of such annuity for each
child from 12 to 18 years of age.
Each dependent parent or grandparent, if there are no children, annuity of
equal amount for life.
Dependent brothers or sisters less than 18 years of age or incapable of per
forming labor by reason of a mental or physical defect, if there are no
children or dependent ascendants, annuities distributed upon same
principle as in case of children.
(б) In absence of heirs indemnity is turned into a special fund for immediate
aid to injured, payment of indemnities for insolvent employers, and
prevention of accidents.
Compensation for disability.
(a) Cost of first medical and surgical treatment.
lb) An indemnity in case of permanent disability of six times annual earnings,
but not less than 3,000 lire ($579) if totally disabled, and six times the
loss of annual earning capacity if partially disabled, earnings in latter
case to be considered as not less than 500 lire ($96.50).
(c) A daily allowance in case of temporary disability of one-half the wages of
injured workman, payable for not more than three months, if totally dis
abled, and equal to one-half the reduction in wages occasioned by the
injury, if partially disabled.
Revision of compensation. Both workman and insurer may ask for a revision of
compensation within two years after accident.
Insurance. Employers must insure their employees in (a) the National Accident
Insurance Fund, (b) an authorized insurance company, (c) an association of employ
ers for mutual insurance against accidents, or (d) a private employers’ insurance fund.
Security of payments. Payments are guaranteed by State.
Settlement of disputes. In cases of dispute concerning temporary disability pay
ments, the council of prudhommes or the pretor of the locality in which the accident
occurred has authority to sit in final judgment if amount involved does not exceed
200 lire ($38.60). Disputes involving larger amounts are referred for settlement
to the local magistrates.

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153

JAPAN.

According to the factory act of March 28, 1911, where any workman, through no
serious fault of his own, is injured, falls ill, or dies in the course of his work, it shall
be the duty of the owner of the factory to maintain him or his family in accordance
with provisions to be issued by imperial decree. This act and orders in conformity
therewith is to apply also to State enterprises and factories.

154

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

LIECHTENSTEIN.

Date of enactment. April 30, 1910; in effect January 1, 1911.
Injuries compensated. All injuries resulting from accidents causing death or dis
ability.
Industries covered. All undertakings in which more than 10 persons are employed
who are especially exposed to danger, and in particular in quarries, building enter
prises, and others in which engines or steam boilers are used.
Persons compensated. The whole staff of working people.
Government employees. No mention is made of Government employees in the law.
Burden of payment. The entire burden of payment rests upon the employer.
Compensationfor death.
(a) A sum equal to 1,000 times daily wage, payable to dependents (widow, wid
ower, children under 16 years of age or permanently incapable or selfsupport) . If the deceased leaves no widow or children a sum equal to 500
times the daily wage shall be paid to the dependent father or mother.
(b) In special circumstances a lump sum may be converted into a corresponding
pension payable to the dependents.
Compensationfor disability.
(a) Funeral benefit of 40 crowns ($8.12) payable to dependents.
(b) Free medical treatment and medicines from date of injury; a weekly allow
ance, not to exceed 20 weeks, equal to 50 per cent of the average wages
over a period of 8 weeks, but not less than 1.20 crowns (24.4 cents) per day
for male adults, 1 crown (20.3 cents) per day for adult female persons, ana
0.80 crown (16.2 cents) per day for young persons, or free treatment and
nursing in hospital. In such case one-half the benefits are paid to the
family of the injured person. A pension of 90 per cent of wages payable
during treatment may be substituted.
(c) A lump sum equal to 1,000 times the daily wages of the injured person if
totally incapacitated, or a proportionately smaller one if partially inca
pacitated.
(d) The lump-sum payment may be converted into a corresponding pension.
Revision of payments. There is no specific provision in the law for any revision of
payments.
Insurance. Insurance may be effected with any approved domestic or foreign
institution.
Security of payments. Every insurance company accepting this class of risk must be
approved in Liechtenstein,

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155

LUXEMBURG.

Date of enactment. April 5,1902; in effect April 15,1903. Amendatory acts, Decernber 23,1904, and April21,1908. Sick insurance law enacted July 31,1901.
Injuries compensated. All injuries by accident during or because of the employ
ment resulting in death, or disability for more than three days, unless caused inten
tionally by the victim or during the commission of an illegal act.
Industries covered. Mines, quarries, manufactories, metallurgical establishments;
gas and electric works; transportation and handling; building and engineering con
struction; and certain artisans’ shops having at least five employees regularly and
using mechanical motive power. By administrative order other establishments may
become subject to the law if regarded dangerous.
Persons compensated. All workmen; those supervising and technical officials whose
annual earnings are less than 3,750 femes ($723.75). Certain other classes of persons
may be voluntarily insured.
Government employees. Act applies to Government telegraph and telephone services*
public works conducted by public agencies, and other governmental industrial estab
lishments, unless other provisions are made for pensioning employees. Penal insti
tutions are not included.
Burden o f payment Benefits and cost of treatment first thirteen weeks provided by
sick-benefit funds, to which employers contribute one-third and employees twothirds, if injured person is insured against sickness; if not, because employed less
than one week, by an accident insurance association, supported by contributions of
employers; if not insured for other reasons, by the employer direct; all benefits and
treatment after thirteen weeks paid by accident insurance association.
Compensation for death.
(а) Funeral expenses, one-fifteenth of the annual earnings, but not less than 40
francs ($7.72) nor more than 80 francs ($15.44).
(б) Pensions, not to exceed 60 per cent of earnings of deceased, to—
Widow 20 per cent until death or remarriage; in the latter case a lump sum
equal to 60 per cent; same payment to a dependent widower.
Each child 20 per cent until 15 years of age, even if father survives, provided
he abandoned them, or the mother who was killed was their main support .
Dependent heirs in an ascending line, 20 per cent.
Dependent orphan grandchildren, 20 per cent until 15 years of age.
Widow and children have the preference over other heirs.
(c) If annual earnings exceed 1,500 francs ($289.50) only one-third of excess is
considered in computing pensions.
Compensation for disability.
(a) Entire cost of medical and surgical treatment.
(b) For temporary or permanent total disability, from third day to end of fourth
week, 50 per cent, and from fifth to end of thirteenth week, 60 per cent
of wages of persons similarly employed; after thirteen weeks, 66| per cent
of annual earnings of injured person. If requiring personal attention or
care, 100 per cent during such disability.
(c) For partial disability a portion of above (depending upon degree of disability),
which may be increased to full amount, as long as injured employee is
without employment.
(d) Lump-sum payments may be substituted for pensions when degree of disa
bility is not greater than 20 per cent.
(e) If annual earnings exceed 1,500 francs ($289.50), only one-third of excess
is considered m computing pensions.
(/) Special treatment, if earning capacity would be increased by it.
(g) Special relief to injured person, or his dependents, when hospital treatment
is necessary.
Revision o f compensation. Demands for change of amount of compensation may be
made within three years.
Insurance. Payments are met by mutual accident insurance association of employ
ers, in which all employees must be insured at expense of employers.
Security o f payments. Insurance association conducted under State supervision.
Settlement o f disputes. Appeals from the decisions of the association may be carried
within forty days to a justice of the peace, who is required to invite two delegates,
representing employer and employee, to assist in an advisory capacity. Further
appeals may be taken to the higher courts.

156

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

MANITOBA.

Date of enactment. March 16, 1910; in effect January 1, 1911.
Injuries compensated. Those arising out of and in the course of employment, or while
attempting to rescue a fellow workman in danger while on employer’s premises, caus
ing death or disability for more than two weeks. Excepted are injuries due to drunk
enness of the employee and those caused by gross negligence or intention resulting in
incapacity. In case of permanent disability or death a claim for compensation shall
not be disallowed because of such serious or willful misconduct alone.
Industries covered. All trades or business employing five or more persons in the one
establishment at the time of the accident, or usually so doing. Agriculture and
domestic service not included.
Persons compensated. Any person employed in any employment to which this act
applies, excluding those employed at otner than manual labor who have annual
earnings exceeding $1,200 or who are casual laborers. Apprentices, whether at manual
labor or in a clerical position, are included.
Governmentemployees. State and municipal employees are included in the insurance.
Burden of payment. The employer bears the entire cost of compensation, but if there
are contractors, then on such contractors and principal jointly and severally.
Compensationfor death.
(а) To persons entirely dependent upon the deceased workman, a sum not exceed
ing $1,500, less any weekly payments made in accordance with this act
and any lump sum paid in redemption thereof.
(б) To persons partly dependent, in default of persons entirely dependent, such
sum as may be agreed upon or decided by arbitration to be reasonable and
proportionate to the injury suffered, but not more than $1,500.
(c) In case no dependents entitled to compensation reside in the Province, the
reasonable expenses of medical attendance and burial, not exceeding $100.
Compensationfor disability. For total or partial incapacity of a journeyman working
at his trade a weekly payment after the first two weeks not exceeding 50 per cent <3
the average wages lost, average wages to be average of preceding 12 months or shorter
period: one not a journeyman working at his trade shall only be entitled to 25 per
cent of such loss if the accident occurs during the first month of his employment, 40
per cent if during the second, and 50 per cent thereafter.
No compensation for disability to exceed $10 per week for adults, $6 per week to an
apprentice, and total compensation not to exceed $1,500 in any one case.
A lump sum may be substituted for the weekly payments after six months, on the
application of the employer, the amount to be determined by the court, but no such
sum shall exceed $1,500, including amount already paid as weekly payments.
Revision of compensation. Weekly payments may be revised at the request of either
party.
Insurance. The employer may contract for insurance in any scheme of insurance
granting equal benents, or one granting equivalent additional voluntary insurance
made by reason of contributions paid by employees, providing a majority of the
employees assent and the attorney general certifies the competency of the scheme.
Security of payments. In case of employer’s bankruptcy the amount of compensation
due under the act, ,up to $500 in any individual case, is a first claim, or, when an
employer has entered into a contract with any insurers in respect of any liability under
the act to any workman, such rights of the employer shall be transferred to ana vested
in the workman.
Settlement of disputes. Disputes, if not settled by agreement or by the arbitration
committee, shall be settled by a single arbitrator agreed on by the parties. If no
arbitrator is agreed upon or no agreement reached, the dispute is settled by the court.

w o r k m e n ’ s COMPENSATION LAWS— FOREIGN COUNTRIES.

157

MEXICO: NTJEVO LEON.

Date of enactment. November 9,1906.
Injuries compensated. Injuries to employees and workmen in specified enterprises
arising in the course of or out of their employment. Injuries caused by force majeure,
gross carelessness, serious misconduct, or intentionally by injured person are not
compensated.
Industries covered. Factories, workshops, and industrial enterprises employing me
chanical power; mines and quarries; construction, repairing, and maintenance of
bridges, canals, waterworks, embankments, rail, tram, and underground railways,
etc.; building trades, smelting and engineering works; loading and unloading; indus
tries in which injurious, poisonous, explosive, or inflammable substances are manu
factured; agricultural works where mechanical power is used: cleaning of wells and
sanitary appliances and sewers; gas, electrical, telephone and telegraph enterprises;
and all other similar enterprises.
Persons compensated. All employees and workmen.
Government employees. Government employees are not mentioned in the law.
Burden of payment. Cost of compensation rests entirely upon the employer, unless
a third person is proved liable, in which case the employer may recover from the third
party.
Compensationfor death.
(а) Costs of medical treatment and medicine, not exceeding 6 months, to be de
ducted from survivors’ benefits when death intervenes, and funeral ex
penses.
(б) To survivors (husband or wife, descendants under 16 years of age, also parents,
grandparents, great grandparents, etc., if dependent) whole amount of
the deceased’s wages, as follows:
(1) For two years if deceased leaves a husband or wife and children or grand
children.
(2) For 18 months if deceased leaves children or grandchildren.
(3) For one year if deceased leaves husband or wife only, but in case of the hus
band when incapacitated only.
(4) For 10 months if the deceased leaves parents, grandparents, or great grand
parents.
If the widow or widower remarry, the compensation ceases, but in that case the
children or grandchildren shall receive compensation till the expiration of the pre
scribed period (18 months). If the widow survives she shall be paid compensation
for one year in respect of any children or grandchildren who complete their sixteenth'
year within that period.
Compensationfor disability.
(a) Medicine and medical treatment for injured person for 6 months.
(b) For temporary total incapacity, compensation amounting to full wages from
date of accident and during such incapacity.
(c) For temporary partial incapacity compensation according to circumstances,
at 20 to 40 per cent of such wages during incapacity.
(d) For permanent total incapacity full wages during a period of 2 years.
Revision o f compensation. No revision of compensation is provided for.
Insurance. No provision is made by the law for the transfer of the burden of payment
of compensation by insurance.
Security o f payments. There is no guaranty provided by the law.
Settlement of disputes. Every judge of the first instance is authorized to take cog
nizance of claims for compensation, and appeals from the judgment may be taken to
the final court of appeals.

158

BULLETIN OF THE 15UBEAU OF LABOR STATISTICS.

MONTENEGRO.

An act relating to concessions to national trade and for the promotion of industry
under date of February 18 (March 3), 1911, provides that any industry desirous of re
ceiving the benefit of the enumerated concessions shall be required to establish a
workers’ fund to which the workers shall contribute 65 per cent o f the funds necessary,
and the employers 35 per cent. The proper minister has supervisory control over tins
fund.

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159

NETHERLANDS.

Date of enactment. January 2,1901, in effect June 1, 1901. Other acts February 3
and December 8, 1902; amended January 13, 1908. February 13. June 12 and 30,
July 1,1909, July 15,1910, and February 11,1911.
injuries compensated. All injuries caused by accident in the course of the employ
ment and causing death or disability for over two days, unless brought on intentionally.
If due to intoxication, compensation is reduced one-half, and if death results no com
pensation is paid.
Industries covered. Practically all manufacturing, mining, quarrying, building,
engineering construction, and transportation; fishing in internal waters; establish
ments using mechanical motive power, or explosive or inflammable materials, and
mercantile establishments handling such materials.
Persons compensated. All workmen, including apprentices.
Government employees. AH State, provincial, ana communal employees are included
when engaged in any of the industries enumerated.
Burden o f payment. The entire expense rests upon the employer.
Compensationfor death.
la) Funeral benefit of thirty times average daily earnings of deceased.
(6) Pensions to heirs of not over 00 per cent of earnings of deceased, distributed
to—
Widow, 30 per cent of earnings, until death or remarriage, in latter case two
years1payments as a settlement; or to dependent widower, a pension equal
to cost of support, but not over 30 per cent of earnings of deceased.
Each child under 16 years of age, 15 per cent if one parent survives, and 20
per cent if both are dead.
Dependent parents, and in their absence to grandparents, not over 30 per cent.
Orphan grandchildren, not over 20 per cent.
Dependent parents-in-law, not over 30 per cent.
Widow and children to be preferred over all other heirs, and their respective
shares to be reduced proportionately when aggregating over 60 per cent.
(c) In computing pensions, wages higher than 4 florins ($1.61) per day are to be
considered as of that amount.
Compensationfor disability.
(a) Free medical and surgical treatment, or its cost.
(b) From day after injury until forty-third day, an allowance of 70 per cent of
daily earnings, excluding Sundays and holidays.
(c) From forty-third day a pension of above amount during total disability and a
smaller pension in proportion to loss of earning power if partially disabled.
(d) In computing pensions, wages higher than 4 florins ($1.61) per day are to be
considered as of that amount.
Revision of compensation. An examination of condition of victim may be made
whenever the Royal Insurance Bank so desires.
Insurance: Employers may insure their employees in the Royal Insurance Bank (a
State institution), in a private company or association operating under State super
vision, or they may carry the burden themselves. If not insured in the Royal Insur
ance Bank, a sufficient guarantee must be deposited with the latter. Employers must
bear a proportionate share of the expense of administration of the Royal Insurance
Bank, whether they insure in it or not
Security of payments. Compensation payments are guaranteed by the State.
Settlement of disputes. Appeals may be taken from decisions of the Royal Insurance
Bank to local arbitration councils, in which employers and employees are equally
represented, and from them to a central arbitration council whose decisions are final.

160

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

NEWFOUNDLAND.

Date of enactment. February 18,1908; in effect July 1, 1908.
Injuries compensated. All injuries caused by accident arising out of and in the course
of employment causing death, or disability for at least one week, except when due to
serious and willM misconduct of the workman injured.
Industries covered. Railways, factories, mines, quarries, engineering work, erection
or repair of buildings over 25 feet in height, oy means of scaffolding, or by use of
mechanical power.
Persons compensated. All employees.
Government employees. All employees of the State to whom the law would apply if
they were under private employment.
Burden o f payment. Entire cost rests upon the employers.
Compensationfor death.
(а) A sum equal to three years’ earnings, but not less than $750 nor more than
$1,500, to those entirely dependent on earnings of deceased.
(б) A sum not in excess of $1,500, as may be agreed upon or determined to be
reasonable and proportionate, to those partially dependent.
(c) Reasonable expenses of medical attendance and burial not exceeding $50 if
deceased leaves no dependents.
Compensationfor disability. A weekly payment, including the first week of disa
bility if disability lasts two weeks or over, not exceeding 50 per cent of employee’s
earnings during the previous 12 months, but not exceeding $5 per week.
After six months, upon application of the employer, a lump sum may be substituted
for weekly payments, to be determined in default of agreement by the court.
Revision o f compensation. Weekly payment may be reviewed at the request of
either party.
Insurance. Employers may make contracts with employees for substitution of an
officially approved scheme of compensation benefits or insurance in place of the pro
visions of this act, provided the scheme is not less favorable to the employees than the
provisions of this act, and a majority of the workmen are favorable to such substitution.
Security o f payments. In case of employer’s bankruptcy the amount of compensation
due under mis act is classed as a preferred claim, or wnen an employer has entered into
a contract with insurers in respect to any liability under the act to any workman, such
rights oi the employer, in case he becomes bankrupt, are transferred to and vested in
the workman.
Settlement o f disputes. In case of disagreement, proceedings are taken in courts.

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161

NEW SOUTH WAXES.

Date of enactment November 5, 1900; in effect January 1,1901; amended Decem
ber 28,1901; scale of compensation increased by governor on July 28,1905, in accord
ance with power given by the act; August 19, 1910; in effect January 1, 1911.
Injuries compensated. Personal injuries by accident arising out of and in course of
employment causing death, or disability for at least two weeks, except when due to
senous or willful misconduct on the part of the workman.
Industries covered. Any railway, tramway, factory, workshop, mine,1quarry, wharf,
vessel, engineering, or building work, bunding used for dumping or storing wool,
carried on by the employer as a part of his business; any other employment declared
dangerous by proclamation.2
Persons compensated. All persons employed at manual labor, under contract with
an employer, except casual labor, or otherwise than for the purpose of the employer’s
trade or business.
Government employees. The law applies to all workmen in any employment by or
under the State to which the law would apply in case the employer were a private
person.
Burden of payment. Entire cost of compensation rests upon the employer; but if
there are contractors, then on such contractors and the principal, jointly and severally.
Compensationfor death.
(а) A sum equal to three years* earnings, but not less than £200 ($973.30) nor
more than £400 ($1,946.60) to those entirely dependent upon the earnings
of the deceased. Weekly payments or lump sums paid under this law
are deducted from such sum.
(б) A sum not exceeding the above amount, as may be agreed upon or deter
mined as being reasonable and proportionate to the loss or damage suf
fered by those partly dependent.
(c) If no dependents are left, the expenses of medical attendance and burial,
but not exceeding £12 ($58.40), unless such expenses are payable by a
friendly society to which the workman belonged.
Compensationfor disability.
(а) A weekly payment after the second week not exceeding 50 per cent of average
weekly earnings, but no such payment shall exceed £1 ($4.87), with a
total liability of £200 ($973.30).
(б) In case of partial incapacity the weekly payment shall in no case exceed
one-halt of the loss of earning capacity.
In fixing the weekly payment consideration must be given to any
financial assistance given by the employer to the injured during
incapacity.
(c) A lump sum may be substituted for weekly payments after six months, on
application of the employer; the amount to be agreed upon, in default
of agreement, to be determined by the court.
jRevision of compensation. Weekly payments may be revised at the request of either
party.
Insurance. Employers may contract with their employees for substitution of a
scheme of compensation, benefit, or insurance in place of the provisions of the act,
if the scheme is officially certified to be not less favorable to the employees and their
dependents than the provisions of the act. In such case the employer is liable only
in accordance with the scheme.
Security of payments. When the employer becomes liable under the act to pay
compensation, and is entitled to any sum from insurers on account of the amount due
to a worker under such liability, then in the event of his becoming insolvent such
workman has a first claim upon this sum for the amount so due.
Settlement o f disputes. Disputes arising under the act are heard and determined
by a police magistrate, unless the claim is for more than £30 ($146). When in excess
of that amount proceedings are taken in the district court.
1Act of Aug. 19, 1910, includes only mines, employees in which are not included under the special
compensation and protective law covering mines, viz, Miners’ Accident Belief Act, 1900, and amendments
1901 and 1910.
* Seamen are compensated under a Commonwealth law of December 28,1911

30597°—Bull. 126—14----- 11

162

BULLETIN OF THE BUEEAU OF LABOR STATISTICS.

NEW ZEALAND.

Date of enactment October 10,1908, in effect January 1,1911. Amended October
28, 1911.
Injuries compensated. All injuries to workmen arising out of and in the course of
the employment causing death, or disability for at least one week, except when due to
serious ana willful misoonduct of the workman injured.
Industries covered. Any trade, business, or work carried on by or on behalf of the em
ployer;'mining, quarrying, excavating, cutting standing timber, cutting scrub and
clearing land of stumps and logs; building operations; manufacture of explosives;
using machinery driven by mechanical power, driving a vehicle moved by horse or
mechanical power, domestic service, when period of engagement is not less than seven
days; any occupation in which a worker incurs a risk of falling a greater distance than
12 feet; navigation in New Zealand waters on board New Zealand ships.
Persons compensated. All workmen, including apprentices, exclusive of other than
Government employees. Act applies to work carriea on by or on behalf of the Gov
ernment or any local authority if it would, in case of a private employer, be an em
ployment to which the act applies.
Burden of payment Entire cost of compensation rests upon employer; but if there
are contractors, then on such contractors and the principal, jointly and severally.
Compensationfor death.
(a) A sum equal to three years’ earnings, but not less than <£200 ($973.30) nor
more than £500 ($2,433.25), to those wholly dependent upon earnings of
deceased.
(b) A sum less than above if dependents were partly dependent upon deceased,
to be agreed upon by the parties or fixed by a magistrate or by the arbi
tration court.
(c) Reasonable expenses of medical attendance and burial, not exceeding £20
($97.33).
(d) Amounts previously paid are deducted from final compensation payable on
death.
Compensationfor disability.
(a) Medical and surgical aid not to exceed £1 ($4.87).
(b) A weekly payment during disability not exceeding 50 per cent of employee’s
average weekly earnings during the previous 12 months, but not to exceed
£210s. ($12.67) nor to mil below £1 ($4.87) where employee’s ordinary rate
of pay art time of accident was not less than 30 shillings ($7.30) per week.
Total liability of employer is limited to £500 ($2,433.25). No payment
is made for first week if disability does not continue for a longer period
than two weeks. Weekly payments not to extend beyond six years.
(c) For certain permanent injuries (mutilations, etc.) a fixed per cent of the com
pensation paid above for partial and total disability.
A lump sum may be substituted for weekly payments, capitalized at 5 per cent
compound interest, for permanent total or partial disability, to be agreed on by the
parties, or, in default of agreement, determined by the court of arbitration.
Revision ofcompensation. Weekly payments maybe revised at request of either party.
Insurance. Employers may contract with their employees for substitution of a
scheme of compensation, benefit, or insurance in place of the provisions of the act if
the scheme is shown to be not less favorable to the general body of employees and their
dependents than the provisions of the act. In such case the employer is liable only
in accordance with the scheme.
Security of payments. When an employer becomes liable under this act to pay com
pensation, and is entitled to any sum from insurers on account of the amount due to a
workman under such liability, then in the event of his becoming insolvent such work
man has a first claim upon this sum. Compensation for injuries sustained in the
course of employment in or about a mine, factory, building, or vessel is deemed a
chaige upon the employer’s interest in such property and has priority over all charges
other than those lawfully existing at the time of the commencement of the act.
Settlement of disputes. Disputes arising under the act are settled by the court of
arbitration under the industrial arbitration act.

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163

NORWAY.

Date o f enactment. July 23,1894; in effect July 1, 1895. Amended December 23,
1899, June 12, 1906, June 30, 1908, June 9, 1911; sickness insurance laws September
18, 1909. April 1 ,1911.1
Injuries compensated. All injuries by industrial accidents, causing death or dis
ability for more than three days, or requiring treatment after that period, unless
intentionally brought about by the injured person.
Industries covered. Practically all factories and workshops using other than hand
power; mines and quarries; the handling of ice, explosives, or inflammables; build
ing and engineering construction, electnc work, transportation, salvage and diving,
chimney sweeping, and fire extinguishing; forestry, to a limited extent; employment
about dams, canals, and sluices. Employees in other industries may avail themselves
of this insurance system.
Persons compensated. All workmen, including apprentices, and salaried employees.
Government employees. Act covers employees in government or communal service,
when engaged in any of the industries enumerated above, unless at least equal com
pensation is provided by special regulation.
Burden o f payment. Cost of compensation rests upon employer.
Compensation in case of death.
(a) Funeral benefit of 50 crowns ($13.40).
(b) Pensions to heirs not exceeding 50 per cent of earnings to be distributed to—
Widow, 20 per cent of earnings until death or remarriage; in the latter case
a lump sum equal to three annual payments; or dependent widower, 20
per cent of annual earnings of deceased while disability lasts.
Each child, 15 per cent of annual earnings till age of 15 years, if one parent
survives, 20 per cent if neither survives, 15 per cent for each parent to
each child when both parents have died as result of injuries.
Dependent relatives in ascending line if there is a residue after providing for
above-mentioned heirs, a pension of 20 per cent of earnings until death or
cessation of need, to be divided equally; but living parents exclude
grandparents from participation.
(c) In computing pensions the excessof annual eamingsover 1,200 crowns ($321.60)
is not considered.
(d) Pension payments are in addition to prior allowances granted for disability.
Compensationfor disability.
(a) Free medical and surgical treatment, or cost of same, after four weeks.
(b) If employee is totally disabled for more than four weeks, an allowance of 60
per cent of the earnings, but not less than 0.50 crown (13 cents) per diem
or 150 crowns ($40.20) per annum; and a proportionate allowance in case
of partial disability, all to continue during disabiity.
(c) If injured employee is forced to stay in a hospital, dependents receive allow
ances during that time equal to the pensions granted in cases of death.
(d) If injured employee is not a member of a sick insurance fund, he is entitled to
receive from employer directly sick benefits and free medical treatment
from first day of injury; otherwise, from the fund.
(e) In computing allowances the excess of annual earnings over 1,200 crowns
($321.60) is not considered.
Revision o f compensation. Compensation is subject to revision upon demand of
either the beneficiary or the insurance office.
Insurance. A State central insurance office is established for the entire Kingdom, in
which all employees subject to the law must be insured by employer, unless he is, for
special reasons, relieved Tby royal order from the obligation of insurance.
Security o f payments. Insurance office is guaranteed by the State.
Settlement of disputes. Appeals from decisions of insurance office may be entered
within six weeks with the special insurance commission.
i Fishermen are covered by the law of Aug. 8,1908, amended Aug. 18,1911; seamen by law of Aug.

164

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

NOVA SCOTIA.

Date of enactment April 22,1910; in effect February 1, 1911.
Injuries compensated. Personal injury by accident arising out of and in the course
of employment to a person to whom tins act applies.
Industries covered. Railways, including street railways, factories, laundries worked
by steam, water, or mechanical power; mines, quarries, engineering work, loading
and unloading a vessel; building operations#using scaffolding or mechanical power;
provided 10 or more workmen are employed in an undertaking. (Certain designated
establishments in which workmen’s relief funds are already established are excepted.)
Persons compensated. All workmen or clerks whose annual earnings do not exceed
$1,000.

Government employees. These are within the act if the employment itself is covered
by the law.
Burden of payment. The entire cost of compensation rests upon the employer.
Compensationfor death.
(a) To those wholly dependent upon his earnings a sum equal to three years’
earnings but notless than $1,000 nor over $1,500, less any sum paid under
this act as weekly compensation for injury.
(b) To those dependent, such sum not exceeding $1,500 as may be agreed upon,
or in default of agreement determined by arbitration.
(c) If no dependents are left the reasonable expenses of medical attendance and
burial, not exceeding $200.
Compensation for disability. A weekly payment during disability after the second
week of a sum not exceeding 50 per cent of weekly wages earned during the preceding
year. In fixing the amount of compensation, consideration must be given to the loss
in earning capacity and to any sums other than wages which the injured person may
have received from his employer during incapacity. The weekly compensation shall
not exceed $7, nor shall the total amount payable exceed $1,500.
A lump sum may be substituted for the weekly payments after six months, on the
application of the employer, the amount to be settled by agreement, or, failing in
this, by arbitration.
Revision of compensation. Either party may request a revision of payments
Insurance. If after investigation the governor in council certifies that any scheme
of compensation, benefit or insurance is equivalent in its provisions to those of this
act the employer may contract with the employees for the substitution of that scheme,
and the employer thereafter shall be liable only in accordance with that scheme.
Should the certificate be revoked any moneys or securities held for the purpose of
Hie scheme shall be distributed as may be arranged between employer and workmen,
or determined by the governor in council.
Security of payments. In respect of any liability under this act to any workman by
an employer who has entered into a contract with an insurance scheme, and who
becomes bankrupt or who liquidates or retires from business, the workman entitled to
compensation shall have priority of claim upon such sum as is due the employer on
account of such insurance.
Settlement of disputes. In default of agreement between the interested parties, any
question may be settled (a) by a committee representing the employer and the em
ployees; (b) by a single arbitrator agreed upon; or (c) by an arbitrator appointed by
a county court judge.

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165

PERU.

Date of enactment. January 20,1911.
Injuries compensated. The employer is responsible for any accidents, unless inten
tionally brought about by the injured person, which occur to his workmen and employ
ees in the course of or directly occasioned by their work.
Industries covered. Production and transmission of power; electric and gaslight pro
duction and installation; telegraph and telephone; naval construction; transporta
tion, land, river, and marine, employing power; agricultural operations involving use
of mechanical power; loading ana unloading; mines and quarries where more than 35
workmen are employed; ore-reduction work, etc.; factories using mechanical power,
and building trades.
Persons compensated. All workmen and employees whose annual earnings do not
exceed £120 ($583.98). Elective for those receiving higher compensation.
Government employees. These are subject to the act if the employment itself comes
within the scope of the law.
Burden of payment. The entire cost of compensation rests upon the employer.
Compensationfor death.
(a) A funeral benefit equal to two months’ earnings of the deceased, even though
his remuneration exceeded £120 ($583.98) per annum and without regard
to number of employees.
(b) To the widow, a life annuity equal to 11 per cent of annual earnings of the
deceased.
(c) To the children, legitimate, or acknowledged illegitimate, an annuity, equally
divided, of 22 per cent of such earnings until 16 years of age, or, if inca
pacitated for work, an equal annuity for life.
(d) In default of children,, to direct descendants entirely dependent on the
deceased, the compensation under (c).
(e) Should there be neither widow, children, nor other dependents, to ascendants
who would have been dependent on the deceased, a life annuity of 15 per
cent to each, but not in excess of 30 per cent of such wages, and where
more than two, such annuity to be equally distributed.
(f) Should there be no widow, her portion of the annuity is added to that of the
children.
Compensationfor disability.
(a) Medical and surgical aid during disability.
(b) For total permanent disability a life annuity of 33 per cent of annual earnings.
(c) For partial permanent disability a life annuity of 33 per cent of loss of earning
capacity.
(d) For total temporary disability a compensation during disability of 22 per cent
of earnings.
*
(e) For partial temporary disability a compensation of 50 per cent of the loss of
earning capacity until complete recoveiy.
An increase of 50 per cent in the compensation is made if the accident occurs in
default of prescribed protective apparatus on the part of the employer or by reason of
his inexcusable fault. It is proportionately reduced if through inexcusable fault of
the injured.
If the accident causing injury is the result of an unlawful act of the employer, the
injured person shall be entitled to indemnity for all damages and injuries, as deter
mined at common law.
Revision of compensation. Demands for revision of compensation may be made by
either party within three years.
Insurance. Employers may transfer burden of payment of compensation by insuring
their employees in authorized insurance companies.
Security of payments. In case of insolvency compensation payments become preferred
claims, and any funds deposited with the Government bank for the purpose of paying
allowances are available for the payment of such claims.
Settlement of disputes. Disputes arising under this act go before the magistrate or
justice of the peace, subject to review by the judge of the court, and finally subject to
an appeal to the superior court.

166

BULLETIN OF TH E BUREAU OF LABOR STATISTICS.

PORTUGAL.

Date of enactment. July 24,1913; in effect July 27,1913.
Injuries compensated. Accidents causing death or injury, not brought about fraudu
lently, arising in the course of employment unless proved not to have arisen out of
the employment.
Persons compensated. All operatives and employees, including apprentices, engaged
in industries covered by the act.
Industries covered. Factories and workshops employing other than human power;
mines and quarries; iron works; building trades; manufacture of explosives and
inflammable and poisonous materials; railway and waterway construction; sewers and
waterworks: transportation by land or water; storage, handling, and the like; agri
culture and forestry, if mechanical power is used (covering only such accidents as
are caused by such power machinery); herding and tending wild cattle; theaters;
administration of public security; gas and electrical works; telegraph and telephone
systems; Ashing, if not a cooperative enterprise.
Government employees. These are included if engaged in industries covered by the
acts and if higher compensation is not otherwise provided by law.
Burden of payment. The entire burden rests upon the employer; if there are con
tractors ana subcontractors, then upon such contractors.
Compensationfor death.
(а) Funeral expenses not exceeding 15 times the daily wage.
(б) To surviving consort, 20 per cent of annual earnings of employee until death
or remarriage; lump sum of 60 per cent of annual earnings paid at time
of remarriage.
(c) To legitimate child under 14 years of age, 15 per cent of annual earnings, 25
per cent if 2 children, 35 per cent if 3, and 40 per cent if 4 or more. If
left orphans, each child receives 20 per cent of annual earnings, with a
maximum of 60 per cent.
(d) If there are no children, then to any dependent parents or grandparents, or
descendants under 14 years of age, 10 per cent of annual earnings to each
such dependent, but in no case over 40 per cent of annual earnings.
(e) In calculating annual earnings the maximum wage considered is 400 milreis
($432), plus any excess to the extent of one-half.
Compensationjor disability.
(a) Necessary medical and surgical expenses.
lb) For total permanent disability, two-thirds of annual earnings..
(c) For total temporary disability, two-thirds of the daily wage duing each
working day lost.
(d) For partial disability, one-half the loss of earning power.
(e) AU compensation is paid from the beginning of disability.
(f) In calculating annual earnings the maximum wage considered is 400 milreis
($432), plus any excess to the extent of one-half.
Revision of compensation. No provision is made in the law.
Insurance. Employers may transfer burden of payment to recognized establishment
funds, mutual aid associations, or approved insurance companies. They may also
insure with the State Insurance Council.
Security of payments. The obligations contracted under the law, in the event of
bankruptcy, have special precedence over all debts of the employer. Risk classes
and reserves are determined by the State Insurance Council.
Settlement of disputes. Disputes are settled by special tribunals of arbitrators com
posed of employers, employees, and medical officers having deliberative votes, and
of representatives of the insurance companies having consultative votes.

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167

QUEBEC.

Date o f enactment. May 29, 1909; in effect January 1,1910.
Injuries compensated. All injuries happening to workmen by reason of or in the course
of their work causing death, or disability lasting over seven days. Injuries inten
tionally caused by the person injured are not compensated.
Industries covered. Building, manufacturing, transportation, engineering, and con
struction work, mining, quarrying; stone, wood, and coal yards; any industrial enter
prise using machinery operated by power. Agriculture and sailing vessels are excluded.
Persons compensated. Workmen, apprentices, and employees earning not more than
$1,000 per annum. Foreign workmen or their representatives are compensated only
if and so long as they reside in Canada.
Government employees. Government employees are not mentioned in the act.
Burden of payment. The entire expense rests upon the employer.
Compensationfor death.
(а) Medical and funeral expenses not in excess of $25, unless same are provided by
an association of which the deceased was a member.
(б) Four times average yearly wages, but not less than $1,000 nor more than $2,000
payable to surviving consort, to children under 16 years of age, and depend
ent ascendants, shares to be agreed upon or determined by court.
Ail amounts may be decreased or increased by court on account of inexcusable
fault of employee or employer.
Payments made for disability before death are deducted.
Compensationfor disability.
(а) For permanent total disability, a pension equal to 50 per cent of the yearly
wages (including the maximum and minimum amounts).
(б) For permanent partial incapacity, a pension equal to 50 per cent of the amount
by which the wages have been reduced because of the injury.
(c) For temporary incapacity lasting ov^r seven days, compensation equal to onehalf the daily earnings received at the time of the accident, beginning with
the eighth day.
(d) In computing pensions only one-fourth the excess of the annual earnings
between $600 and $1,000 is considered; the capital of any pension shall not
exceed $2,000, unless higher because ot accidents due to inexcusable fault
of the employer.
Revision o f compensation. Demands for change of amount of compensation may be
made within four years.
Insurance. No reference concerning the insurance of risks under the law is contained
in the act, except as to the payment oi pensions due, which may be transferred to insur
ance companies. No release from liability is obtained by the employer by such transfer.
Security of payments. Claims for compensation or pensions form a lien on the real and
personal property of the employer so long as they remain unpaid.
Settlement of disputes. Superior and circuit courts have jurisdiction over all disputes
arising under this act. All proceedings are summary, no trial by jury being allowed.

168

BULLETIN OF THE BUBEAU OF LABOR STATISTICS.

QUEENSLAND.

Date of enactment. December 20, 1905; in effect March 31,1906.
Injuries compensated. All injuries by accident, arising out of and in the course of the
employment, which cause death or disable a workman for at least two weeks from
earning full wages at the work at which he was employed, except when the injury is
directly attributable to his serious and willful misconduct or when it occurs wnile
proceeding to or from his place of work.
Industries covered. Industrial, commercial, manufacturing, building, agricultural,
pastoral, mining, quarrying, engineering, or hazadous work carried on by or on behalf
of the employer as a part of his trade or business.1
Persons compensated. All persons under contract with an employer.
Government employees. Act applies to any work cairied on by or on behalf of the
government or any local authority if it would, in case of a private employer, be an
employment to which the act applies.
Burden of payment. Entire cost of compensation rests upon employer, but if there
are contractors, then on such contractors and the principal, jointly and severally.
Compensationfor death.
(а) A sum equal to three years’ earnings, but not less than £200 ($973.30) nor
more than £400 ($1,946.60), to those wholly dependent* upon earnings of
deceased; but aged and infirm employees may agree in advance to accept
a reduced amount.
(б) A sum less than above if heirs are only partly dependent.
(c) Reasonable expenses of medical attendance ana burial, not exceeding £30
($146), if deceased leaves no dependents.
Compensationfor disability.
(а) A weekly payment during disability after second week, not exceeding 50
per cent of employee’s average weekly earnings during the previous twelve
months, such weekly payments not to exceed £1 ($4.87), and total liability
not to exceed £400 ($1,946.60); except that aged ana infirm employees
may agree in advance to accept a reduced amount.
(б) A weekly payment during partial disability after second week, not exceeding
one-half of difference between the employee’s average weekly earnings
before the accident and the average weekly amount which he is earning or
able to earn after injury.
(c) Minors may be allowed, full earnings during incapacity, not exceeding 10
shillings ($2.43) weekly.
(d) A lump sum may be substituted for weekly payments after three months,
on application of employer, the amount to be agreed upon or, in default of
agreement, to be determined by a police magistrate.
Revision o f compensation. Weekly payments may be revised by a police magistrate
at request of either party.
Insurance. Employers may contract with their employees for substitution of a
scheme of compensation, benefit, or insurance in place of the provisions of the act
if the scheme is officially certified to be not less favorable to the employees and their
dependents than the provisions of the act. In such case the employer is liable only
in accordance with the scheme.
Security of payments. When an employer becomes liable under the act to pay com
pensation, and is entitled to any sum from insurers on account of the amount due to
a worker under such liability, then in the event of his becoming insolvent, such
workman has a first claim upon this sum for the amount so due.
Settlement o f disputes. Disputes arising under the act are heard and determined
by a police magistrate, whose decision is final, except that either party may appeal
from this decision on any point of law with the latter’s leave if the claim does not
exceed £50 ($243.33), or without his leave if it exceeds that amount.
i Seamen are compensated under a Commonwealth law of Dec. 28,1911.

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169

ROUMANIA.
Date of enactment. January 25 (February 7), 1912. (Includes sickness insurance.)
-Injuries compensated. Injuries resulting from accidents without investigation as to
whether caused by force majeure or fault of the injured. Accident caused inten
tionally shall be submitted to the central office for investigation. No sick money
benefits paid if the illness or accident was due to drunkenness.
Industries covered. Industries and handicrafts using machinery operated by motor
power of all kinds, building undertakings, earthworks, mines, quarries, sawmills;
agricultural machinery, forestry, mills, tramways and railroads of all classes; inland
and sea navigation, transportation in so far as loading and unloading merchandise are
concerned. Other industries may be added by order of the central office.
Persons compensated. All workers and helpers.
Government employees. The law covers employees of the State, districts, and com
munes in occupations otherwise under the act.
Burden of payment. Burden of payment rests entirely upon the employer after first
two weeks; medical treatment ana sick benefits paid from sick relief funds supported
by its members (employers and employees) who contribute on the basis of a certain
wage classification from 0.05 leu (1 cent) to 0.60 leu (11.6 cents) per week.
Compensation for death.
(a) A death benefit amounting to 100 lei ($19.30).
(b) To a widow without children one-fiftn of the average wages of the deceased
until her death or remarriage; to each child under 16 years of age, including
illegitimate child of mother dying as result of injury, one-fifth of such
earnings. In no case shall the aggregate pensions exceed three-fifths of
annual earnings.
(c) If the deceased was a female person the same pensions are payable to her
children and to her husband if he had been incapacitated for a considerable
time.
(d) If the deceased leaves dependent persons in the ascending line, a pension of
one-fifth of such earnings shall be paid them, with preference in favor of
the parents over grandparents.
Compensation for disability.
(a) Medical treatment at home or in a hospital, medicines, and therapeutical
appliances, supplied by sick funds for first two weeks.
(b) Beginning with the third week the injured person, if totally incapacitated,
shall Be allowed during the entire period of incapacity two-thirds of his
wages, and if partially disabled a correspondingly reduced allowance,
payable from the General Trade Association for Accident Insurance.
(c) In case the person is so injured as to require the attention of another the allow
ance may be increased to full wages.
If the wages exceed 5 lei (96.5 cents) per day, that sum plus one-third the excess is
considered in computing pensions.
Revision of compensation. No provision is made for revision of compensation.
Insurance. Every employer in the enterprises covered by the law must insure his
employees in the General Trade Association. Insurance is effected in the General
Trade Association for Accident managed by an Administrative Council appointed by
royal decree.
The State does not become a member of the General Trade Association, but itself
insures its employees.
Security of payments. The association fixes the amount of contribution from employ
ers to cover the amounts to be paid as benefits and pensions.
Settlement of disputes. All disputes as to right to and amount of assistance or benefits
shall be decided by the arbitration courts, with a right of appeal to the administrative
council of the central office.

170

BULLETIN OF TH E BUBEAU OF LABOB STATISTICS.

RUSSIA.

Date of enactment June 23 (July 6), 1913; in effect January 1, 1914, replacing act
of June 2 (15), 1903.
Injuries compensated. Injuries from accidents in the course of or arising out of
employment, causing incapacity for work, or death, except such are caused inten
tionally by the injured.
Industries covered. Factories, mines, iron and steel works, local railways, tramways,
and inland navigation, making use of motor power and regularly employing 20 work
people or more. Enterprises employing 30 or more workpeople, whether using motor
power or not. Other industries may be added by the insurance council.
Persons compensated. All persons (other than casual workers) irrespective of age or
sex, employed for wages or salary. Those having annual earnings in excess of 1,500
rubles (§772.50) may sue under ordinary liability law.
Government employees. The law excludes employees on State owned undertakings
and the main railway systems; zemstvos and village establishments are included.
Burden of payment. Medical treatment for persons, including hospital treatment,
medicine, bandages and medical appliances, and sick pay, for persons insured in the
sick fund, for the first 13 weeks of disability will be paid from tnat fund to which the
employees contribute three-fifths and the employers two-fifths. From the ninety-first
day compensation is paid by the accident insurance association in which the injured
person is insured at the cost of the employers.
Compensationfor death.
(a) Funeral benefits, fixed at an amount varying between 20 and 30 days’ pay
of the insured person.
(b) To widow one-third of annual earnings until death or remarriage; to each
child under 15 years of age one-sixth in case of survival of one parent:
otherwise, one-fourth; to each dependent relative, one-sixth. The total
annuity in no case in excess of two-thirds of the annual earnings of the
deceased.
(c) A lump sum payment may be substituted for annuity not in excess of 36 rubles
($18.54) plus 15 per cent of annual earnings of the deceased.
(d) The maximum annual earnings for purpose of calculating insurance are 1,500
rubles ($772.50).
Compensation for disability.
(a) For total disability during the first 13 weeks from two-thirds (for male persons)
to full amount (for women) of daily wages. After the ninety-first day
two-thirds of the injured person’s earnings.
(b) For total permanent incapacity an annuity of two-thirds annual earnings, and
for partial permanent incapacity a proportionately smaller annuity.
(c) The annuity may be increased to full pay in case of resulting insanity, loss
of both nands or both limbs, or such disablement as requires constant care
by another person.
Revision of compensation. On request of either party within three years reexami
nation may be made to adjust pension to any ch'ange in working capacity.
Insurance. Insurance is effected through employers’ associations established by the
order of the Minister of Commerce and Industry, with a prescribed district for each
association. An insurance association may transfer its liability for payment of insur
ance to the government savings bank, by a deposit equal to the capitalized value
of the pension.
Security of payments. The insurance associations are under direct State supervision.
Settlement of disputes. In case the decision of the insurance board is unsatisfactory,
a rehearing is granted and from the decision rendered on this second hearing an appeal
may be carried to the ordinary courts.

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171

SERVIA.

Date of enactment. June 29 (July 12), 1910; in effect July 1 (14), 1911.
Injuries compensated. Insurance of workmen relates to cases of illness, accident,
disablement, old age, and death when it can not be proved that accident occurred
owing to the fault of the injured workman.
Industries covered. All handicrafts and commercial undertakings in which are
employed in the one workshop or in one place more than 15 workers where motor
power is used, and more than 25 workers wnere motor power is not used.
Persons compensated. All workmen, including apprentices, in handicrafts and com
mercial establishments under the law; voluntary insurance for others provided annual
earnings do not exceed 2,000 dinars ($386).
Government employees. Relief funds in the case of mines, and insurance funds in
case of State and private works which shall be in existence at the time this act comes
in force, may be placed on an equal footing with the local associations under the
same conditions as agreed with the national insurance fund.
Burden of payment. Accident insurance premiums shall be paid by the employers
alone.
Compensationfor death.
(а) A funeral benefit in proportion to the insured monthly wages of the deceased,
fixed by the local workmen’s insurance associations.
(б) A sum equal to 30 per cent of the allowance to which the insured person shall
have nad claim to be paid the widow, so long as she remains unmarried,
and 5 per cent in addition for each child up to the time of completing
their fourteenth year. Should the widow remarry she may be granted
three years’ allowance.
(c) Should the children be orphans, the eldest shall receive 20 per cent of the
allowance, and the second, third, and fourth children 10 per cent each,
and each additional child 5 per cent of the total allowance.
(d) Up to the time when this insurance becomes payable, medical attendance for
the injured and his family, medicine and similar assistance, nurses in hos
pitals and health resorts for workmen and families and daily relief money
not less than half the daily wages of the insured person.
Compensationfor disability.
(а) Medical and surgical aid.
(б) Pecuniary benefit not less than 5 per cent of wages of injured, according to
disability.
(c) In the event of permanent total disability, maximum may be equal to full
wages.
Revision o f compensation. No special provision is made in the law.
Insurance. Insurance is effected in local workmen’s insurance associations, which
form a National Union of Workmen’s Insurance Associations. Certain relief and
insurance funds are recognized when meeting required conditions. Accident and
sickness insurance obligatory.
Security of payments. The State makes each year a grant not less than 100,000
dinars ($19,300) to the insurance fund.
Settlement o f disputes. Appeals are allowed from the decision of the local associa
tions to the national union, and a further appeal to the minister of political economy,
whose decision shall be final.

172

BULLETIN OF THE BUEEAU OF LABOB STATISTICS.

SOUTH AUSTRALIA.

Date of enactment. December 14,1911; in effect January 1,1912, replacing act of
1900 and amendatory act of 1904.
Injuries compensated. All injuries to workmen arising out of and in the course of
the employment causing death, or disability for at least one week, except when due
to serious and willful misconduct of the workman injured.^
Industries covered. “ Any employment/’ including agricultural work employing
mechanical power, and navigation in domestic waters on South Australian vessels,
but excluding home work, domestic service, and clerical work.1
Persons compensated. All workmen including apprentices, engaged in manual labor
or otherwise, provided weekly earnings do not exceed £5 ($24.33).
Government employees. Act applies to civilian persons employed under the Crown
to whom it would apply if the employer were a private person.
Burden of payment. Entire cost of compensation rests upon employer; but if there
are contractors, then either upon such contractors or the principal, provided con
tractors for agricultural work included in the act must bear the burden alone.
Compensation for death.
(а) A sum equal to three years’ earnings, but not less than £200 ($973.30) nor
more than £300 ($1,459.95), to those wholly dependent upon earnings of
deceased.
(б) A sum not exceeding above amount if dependents were partly dependent
upon deceased, to be agreed upon by the parties or fixed by arbitration.
(c) Reasonable expenses of medical attendance and burial not exceeding £20
($97.33), if deceased leaves no dependents.
Compensationfor disability.
(a) A weekly payment during disability not exceeding 50 per cent of employee’s
average weekly earnings during the previous 12 months, such weekly
payments not to exceed £1 ($4.87) nor, in case of total incapacity of
workmen under 21 years and receiving under 20s. ($4.87) a week, to be
less than 10s. ($2.43) per week, and total liability not to exceed £300
($1,459.95).
(b) A weekly payment during partial disability to be fixed with regard to differ
ence between employee’s average weekly earnings before the accident
and average weeldy amount which he is earning or able to earn after
injury.
(c) A lump sum may be substituted for weekly payments after six months on
application of either party, the amount to be settled by arbitration under
the act in default of agreement.
In any case, if disability lasts less than two weeks, no compensation is paid for the
first week.
Revision o f compensation. Weekly payments may be revised at request of either
party.
Insurance. Employers may contract with their employees for substitution of a
scheme of compensation, benefit, or insurance in place of the provisions of the act,
if the public actuary certifies that the scheme is on the whole not less favorable to
general body of employees and their dependents than the provisions of the act. In
such case employer is liable only in accordance with the scheme.
Security of payments. In event of employer’s insolvency the amount of compensa
tion due under act, up to £100 ($486.65) in any individual case?becomes a preferred
claim | or where an employer has entered into a contract with insurers in respect of
any liability under this act to any workman SHch rights of the employer, in the
event of insolvency, are transferred to and vested in the workman.
Settlement o f disputes. Disputes arising under the act are settled by the arbitration
of existing committees of employers ana employees, or, if either party objects, by a
single arbitrator agreed on by the parties, or, in absence of agreement, by a special
magistrate. An arbitrator appointed by the magistrate has all the powers of a local
court.
i Seamen are compensated under a Commonwealth law of Dec. 28,1911.

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173

SPAIN.

Date of enactment. January 30,1900; in effect July 28,1900.
Injuries compensated. All injuries by accidents to employees in the course of and
by reason of the employment causing death or disability. Compensation may be
reduced if injured person was engaged in an illegal act.
Industries covered. Manufacturing, mines, quarries, metallurgical establishments,
construction work, industries injurious to health, transportation, gas and electric
works, street cleaning, theaters, and agricultural and forestry establishments using
power machinery.
Persons compensated. Workmen performing manual labor, including helpers and
apprentices.
Government employees. Act applies to employees of State factories and other Gov
ernment establishments, to labor accidents in war and naval departments, and to
establishments of provincial and communal governments.
Burden of payment. Entire cost of compensation rests upon employer.
Compensationfor death. In addition to any prior benefits paid for disability—
(a) Funeral expenses, not exceeding 100 pesetas ($19.30).
(b) A lump sum equal to two years earmngs, if widow, and children or depend
ent orphan grandchildren under 16 years survive; eighteen months’ earn
ings if only children or orphan grandchildren survive; one year’s earn
ings if only widow survives; ten months’ earnings to dependent parents
or grandparents over 60 years of age, in absence of widow or children, if
two or more survive; seven months’ earnings if only one parent or grand
parent survives.
(c) For these lump-sum payments, by mutual consent, the following pensions
may be substituted: 40 per cent of annual earnings when widow and
children or grandchildren survive; 20 per cent of annual earnings when
only widow survives; 10 per cent to each dependent parent or grandpar
ent over 60 years of age, when no widow or children survive, but not over
30 per cent m the aggregate; compensation to widow ceases on her remar
riage, and to children on their attaining the age of 16 years.
(d) In these cases, the daily earnings to be considered as not less than 1.50 pesetas
(29 cents).
(e) All of these compensations are increased by 50 per cent if the establishment
is lacking in the required safety provisions.
Compensationfor disability.
(a) Free medical and surgical treatment during disability.
(b) Fifty per cent of daily earnings, including Sundays and holidays, from day
of injury to day of recovery from disability, but not over one year, after
which case is treated as one of permanent disability.
(c) In case of permanent disability, in addition to the foregoing, a sum equal to
two years’ earnings for total disability.
Eighteen months’ earnings, if total disability extends only to former trade.
One year’s earnings in cases of partial permanent disability for usual employ
ment, unless the employer agrees to employ injured workmen at some
other work at old rate of wages.
(d) In these cases the daily earnings to be considered as not less than 1.50 pesetas
(29 cents).
(e) Compensations are increased by 50 per cent if the establishment is lacking in
tne required safety provisions.
Revision of compensation. No special provision is made in the law.
Insurance. Employers may contract with authorized insurance companies to
assume obligations imposed by law.
Security o / payments. No special provision is made in the law.
Settlement of disputes. Disputes concerning compensation under the law may be
carried to special permanent labor tribunals consisting of representatives of the State,
employers, and employees.

174

BULLETIN OP THE BUREAU OF LABOR STATISTICS,

SWEDEN.
Date of enactment. Approved July 5, 1901; in effect January 1, 1903; amended
June 3,1904. Supplementary act, October 2,1908.
Injuries compensated. Injuries by accidents to workmen resulting from the employ
ment, and causing death, or disability lor more than sixty days,1 unless due to the
willful act or gross negligence of the victim or to the willful act of a third person who
has neither the supervision nor the direction of the work.
Industries covered. Practically all establishments engaged in forestiy work, mining,
quarrying, ttirf and ice cutting and handling, manufacturing, chimney sweeping,
rafting, fishing, railway and tramway service, handling goods, building trades, con
duit, road and other construction work, and electricity, gas, and water distribution.
Employers in other industries may insure their employees in the State Insurance
Institute and thereby be placed under provisions of the act. Employees in other
industries may secure the protection of the act by insuring themselves in the State
Insurance Institute.
Persons compensated. Workmen and foremen.
Government employees. Act applies to employees in the State and communal services
when engaged in any of the industries enumerated above.
Burden of payment. Entire cost of compensation rests upon employer, except that
fishermen under the act contribute a flat annual rate, and the State makes up any
deficit.
Compensationfor death. When death results from the injury within two years—
(a) Funeral benefit of 60 crowns ($16.08).
(b) Annual pensions not exceeding in the aggregate 300 crowns ($80.40), to be
distributed to widow, until remarriage 120 crowns ($32.16); each child
under 15 years of age 60 crowns ($16.08).
Compensationfor disability.
(а) If permanently disabled, annual pension of 300 crowns ($80.40) in case of
total disability, and a smaller sum corresponding to loss of earning power
in case of partial disability, pension to begin with sixty-first day of disa
bility, or later if permanent character of the disability was not then
established.
(б) If temporarily disabled for more than sixty days, 1 crown (27 cents) per day,
beginning with sixty-first day.
Revision of compensation. Suit may be brought in a court of first instance by injured
employee for a revision of compensation within two years from the date of the fixing
of the same.
Insurance. If an injured person receives an allowance or pension from an organiza
tion which is supported entirely or in greater part by the employer, or if the victim
is insured in a private organization by his employer, the amounts received from such
a source may be deducted from payments required of employer under the act. Em
ployers may transfer burden of payment of compensation by insuring in the State
Insurance Institute, created for this purpose by the act, or in individual cases pur
chase annuities for pensioners from this institution. Other arrangements may be
made between employers and employees if the State Insurance Institute finds upon
examination that they are not unfavorable to the employees.
Security of payments. An employer may be required to furnish adequate security
for the payment of the pension to cover the contingency of his neglecting to pay the
same, of his retiring from business or leaving the country, or of his becoming insolvent.
If he fails to furnish security he may be required to pay a lump sum equal to the cap
ital value of the pension plus the payments and interest due, which amount, in the
case of an injured employee, must be invested in the purchase of an annuity from the
State Insurance Institute.
Settlement of disputes. Disputes may be settled either by arbitration or by bringing
suit in a court of first instance. The demand for arbitration must be made or the suit
brought within two years after the accident or in case of fetal accidents within two
years after the death of the victim. If the action is against the State Insurance Insti
tute, one year more is allowed.
*Voluntary sickness insurance laws, Oct. 30,1891, July 4,1910, provide benefits up to 90 days for
accidents causing disability of over 3 days.

w o r k m e n ' s COMPENSATION LAWS— FOREIGN COUNTRIES.

175

SWITZERLAND.

Date of enactment. June 13,1911, accepted by referendum February 4,1912.
Injuries compensated. Every bodily injury suffered by an injured person in the course
of workperformed under direction of the director, or his agent, of the insured enterprise,
or service undertaken in the interest of the enterprise, or during interruption of work,
before or alter work, if the insured person is on the premises, or in the danger zone,
without fault on his part. All insured persons contracting an occupational disease due
to the action of injurious substances used in the establishment.
Industries covered. Bailway and postal services, steam vessels, factories, building
trades, transportation by land ana water, rafting, telegraph and telephone lines,
engineering works, excavating, mines, quarries, manufacture of explosives.
Persons compensated. All employees, laborers, apprentices, laborers without pay,
and probationers.
Government employees. No special provision is mentioned in the law.
Burden of payment. In the case of occupational accident insurance, premiums are
paid by the employers; in nonoccupational accident insurance, three-fourths by the
insured person and one-fourth by the Confederation.
Compensationfor death.
(а) A funeral benefit of 40 francs ($7.72).
(б) To widow or dependent widower or a widower who shall become infirm or in
capacitated within 5 years after the death of the wife, an annuity of 30 per
cent of annual wages of the insured. On the remarriage of a widow she
is allowed a lump sum equivalent to her annuity of 3 years.
(c) To each child until the completion of 16 years of age an annuity of 15 per cent
of said annual earnings, 25 per cent if orphanea of both parents; if upon the
completion of 16 years said child is permanently incapacitated, annuity
to continue till 70 years of age.
(d) Ascendants in a direct line are entitled during life, and brothers and sisters
until 16 years of age, to a total annuity of 20 per cent, equally distributed.
The total annuties payable shall not exceed 60 per cent of the earnings of
the insured persons.
Compensationfor accident.
(a) Free medical attendance, medicine, surgical apparatus, and necessary travel
ing expenses.
^^

equal to 80 per cent o? earnings^ If teeatment in a hospital is necessary
the fund may retain, in the case of a person without family, three-fourths,
and, with a family, one-half of the loss of time indemnity.
Loss of time payments are based on daily earnings not exceeding 14 francs
($2.70).
(c) An annuity for total disability equal to 70 per cent of annual earnings. For
partial disability a proportionate rate. Annuities are based on annual
earnings not exceeding 4,000 francs ($772).
(d) When medical treatment if instituted may reasonably be expected to improve
the earning capacity of the persons, the annuity may be replaced by such
treatment payable in the same manner as loss of time and hospital treat
ment.
(e) A lump-sum payment not exceeding in value an annuity for 3 years may be
made to any person in whose condition no reasonable improvement
may be expected from medical treatment, and who will probably recover
his capacity for labor.
Revision o f compensation. Revision of annuity may be had at any time within 3
years from its establishing, provided the degree of disability undergoes any essential
change. After that time revision may be had only at the expiration of the sixth and
ninth years.
Insurance. Compulsory in a National fund against accidents, occupational and non
occupational: ana voluntary insurance of all persons 14 years of age and over, and
heads of establishments who have themselves and their laborers insured, may insure
such other persons against accidents for which they are civilly responsible.
Security of payments. Under Government control.
Settlement of disputes. Cantonal courts decide in the first instance subject to appeal
to the Federal Insurance Court.

176

BULLETIN OF THE BUBEAU OF LABOB STATISTICS.

TASMANIA.

Date of enactment. January 13,1911; in effect July 1,1911.
Injuries compensated. Personal injury by accident arising in the course of employ
ment, causing disability from earning full wages for at least one week, or death, except
injuries attributable to insobriety, or serious and willful misconduct, or breach of
law, or gross negligence, and those occurring while proceeding to or from place of
work.
Industries covered. Railroads, factories, mines, quarries, engineering work, or any
other industry so declared by a resolution of parliament.1
Persons compensated. Any worker, except casual, employed in manual labor whose
annual earnings do not exceed ,£156 ($759.17).
Government employees. Act applies to workers in Government service to whom it
would apply if the employer were a private person.
Bwrdm of payment. The entire cost rests upon the employer, but if there are con
tractors, then upon such contractors and the principal jointly and severally.
Compensationfor death.
(а) To those wholly dependent a sum equal to three years’ earnings of the deceased
employee, but not less than £100 ($486.65) nor more than £200 ($973.30).
(б) To those partially dependent a sum proportionate to the loss to such depend
ents, out not larger than above amount, to be determined by agreement
or arbitration.
(c) If deceased leaves no dependents, reasonable expenses of medical attendance
and burial, but not to exceed £30 ($146), provided he is unable to meet
such expenses.
Compensationfor disability.
(а) A weekly payment during incapacity of not more than 50 per cent of em
ployee’s average weekly earnings during previous 12 months, but not
exceeding 30 shillings ($7.30), and a total liability not exceeding £200
($973.30). If incapacity lasts less than two weeks, no payment is
required for the first week. Aged and infirm employees may agree in
advance to accept reduced amounts.
(б) Minor persons may be allowed full earnings during incapacity, but weekly
payments may not exceed 10 shillings ($2.43).
(c) For certain permanent injuries (mutilations, etc.) a fixed per cent of the com
pensation paid above for partial and total disability.
A lump sum may be substituted for the weekly payments after two weeks.
Revision of compensation. Weekly benefits may be revised at the request of either
party.
Insurance. Employers may contract with their employees for substitution of a
scheme of compensation, benefit, or insurance in any approved company in place of
the provisions of the act if the scheme is shown to be notless favorable to the general
body of employees and their dependents than the provisions of the act. In such
case the employer is liable only in accordance with such scheme.
Security of payments. In case of the employer’s insolvency, the amount of compen
sation due under the act, up to £100 ($486.65) in any individual case, is classed as
a preferred claim; or, where an employer has entered into a contract with insurers
in respect of any liability under the act to any workman, such rights of the employer,
in the event of his insolvency, are transferred to and vested in the workman.
Settlement of disputes. Questions arising under the act are settled by agreement of
the parties or by arbitration before a special commissioner according to ordinary rules
of court.
i Seamen are compensated under a Commonwealth law of Dec. 28,1911.

w o r k m e n ' s COMPENSATION LAWS— FOREIGN COUNTRIES.

177

TRANSVAAIi.

Date of enactment August 20, 1907; in effect April 1, 1908.
Injuries compensated. Injuries by accident arising out of and in the course of the
employment which cause the workman’s death or necessitate his absence from work
for over one week. Compensation is not paid when injury is due to serious and willful
misconduct.
Industries covered. Employment at or about any trade, industry, business, or pub
lic undertaking, including agriculture, but excluding domestic service.
Persons compensated. Any white person regularly employed for the purposes of the
employers’ trade or business whose annual earnings do not exceed £500 ($2,433.25),
but. exclusive of home workers and subcontractors.
Government employees. All civil government employees are covered by this act if
employed in establishments or undertakings to which the law applies, provided that
when other pension provisions have been made the injured employee or his surviving
dependents nave the right to choose between the two methods of compensation.
Burden of payment. Entire cost of compensation rests upon employer.
Compensation for death.
(а) A sum equal to two years’ wages, but not more than £500 ($2,433.25), to those
dependent upon earnings of the deceased, to be distributed among the
dependents, either by a^reemeht or by order of the local courts.
(б) Temporary payments previously made for over three months shall be de
ducted from the above amounts.
(c) If deceased left no dependents, reasonable expenses of medical attendance
and burial, not exceeding £60 ($291.99).
Compensation for disability.
(а) A weekly payment during disability of 50 per cent of the wages at the time
of injury.
(б) In case of total permanent disability, an amount equal to three years’ wages,
minus th3 amount paid in weekly compensation, but not over £750
($3,649.88).
(c) In case of partial disability^ an amount equal to probable loss of earning
power for three years, minus the amount paid out in weekly compensa
tion, but not over £375 ($1,824.94).
(d) In case of minors suffering total permanent disability the courts may increase
the compensation to £300 ($1,459.95) if three years’ wages are less than
this amount, and if suffering from partial permanent disability the court
may increase the compensation to £150* ($729.98).
Revision of compensation. Employer may apply for revision or setting aside of order
to pay weekly compensation on the ground of recovery of the employee or his willful
retardation or recovery or refusal to undergo medical examinations or if lack of notice
of accident or subsequent proof of serious and willful misconduct. Injured employee
has right to make a new application if compensation is denied and injury subsequently
proves more serious than expected.
Insurance. Bight of insurance against the obligations of this act is not regulated.
No release from liability is affected by such insurance.
Settlement of disputes. Orders for granting benefits are given by local magistrates,
after holding an inquiry. Appeals may be had to the magistrate himself, and from
him to the supreme court.
30597°—Bull. 126—14----- 12

178

BULLETIN OF THE BUBEAU OP LABOB STATISTICS.

VENEZUELA.

Date of enactment. February 23, 1906.
Injuries compensated. Death, injury, or total disability resulting from an accident.
Industries covered. Mining.
Persons compensated. Any miner suffering injury as a result of an accident.
Government employees. The law makes no provision for compensation of govern
ment employees.
Burden of payment. Not stated in the law.
Compensation. Amount to be determined by agreement or by a committee com
posed of one person appointed by each party and one by the highest civil authority.
Revision o f compensation. No scheme of revision is provided.
Insurance. No plan for transfer of burden to insurance company or otherwise U
provided.
Settlement of disputes. The committee above provided for.

W O R K M E N ’ s COMPENSATION LAWS— FOREIGN COUNTRIES.

179

WESTERN AUSTRALIA.

Date of enactment. December 21, 1912; in effect on a date fixed by the governor
by order in council.
Injuries compensated. Ail injuries caused to a workman arising out of and in the
course of the employment causing death, or disability for at least one week, except
when due to serious and willful misconduct of the workman injured.
Industries covered. Railways, waterworks, tramways, electric-light plants, factories,
mines, quarries2 engineering and building work, cutting standing timber, cutting
scrub and clearing land: manufacture and use of explosives; using machines driven
by mechanical power; driving vehicles moved by horse or mechanical power; any
occupation in which worker incurs risk of falling any distance, if injury or death results;
navigation on Western Australian ships in territorial waters.1
Persons compensated. All persons engaged under contract in any employment,
except casual workers, outworkers, and those having annual earnings in excess of
£300 ($1,459.95).
Government employees. Act applies to all persons employed under the Crown to
whom it would apply if employer were a private person.
Burden of payment. Entire cost of compensation rests upon employer, but if there
are contractors and subcontractors, then upon such jointly and severally.
Compensationfor death.
(a) A sum equal to three years’ earnings, but not less than £300 ($1,459.95) nor
more than £400 ($1,946.60), to those wholly dependent upon earnings of
deceased.
(b) A sum less than above amount if dependents were partly dependent upon
deceased, to be agreed upon by the parties or fixed by local court.
(c) Reasonable expenses of medical attendance and burial not to exceed £100
($486.65), if deceased leaves no dependents.
Compensationfor disability.
(a) Reasonable expenses of medical and surgical aid, but not in excess ot £1
($4.87).
(b) A weekly payment during disability after second week, not exceeding 50
per cent of injured person’s average weekly earnings during the previous
twelve months, such weekly payment not to exceed £2 ($9.73) and total
liability not to exceed £400 ($1,946.60).
(c) In case of partial disability, regard is to be nad to the difference between
average weekly earnings before and after the accident, and to any pay
ment other than wages made by employer on account of the injury.
(d) For certain permanent injuries (mutilations, etc.) a fixed per cent of the
compensation paid above for partial and total disability.
A lump sum may be substituted for weekly payments, after six months,
on the application of the employer, the amount to be determined by the
court in default of agreement.
Revision of compensation. Weekly payments may be revised by the court at request
of either party.
Insurance. Employers may contract with their employees for substitution of a
scheme of compensation, benefit, or insurance in place of the provisions of the act,
if the registrar of friendly societies certifies that the scheme is on the whole not less
favorable to the general body of employees and their dependents than the provisions
of the act. In such case employer is liable only in accordance with this scheme. %
* Security o f payments. When an employer becomes liable under the act to pay
compensation, and is entitled to any sum from insurers on account of the amount
due to a workman under such liability, then in the event of his becoming insolvent
auch workman has a first charge upon this sum for the amount so due. Compensa
tion for injuries sustained in the course of employment in or about a mine, factorybuilding, or vessel is deemed a charge on the employer’s interest in such property.
Settlement of disputes. Disputes arising under the act are settled by the local court
of the district in which the injury is received.
i Seamen are compensated under a Commonwealth law of Dec. 28,1911.

APPENDIX.

TEXT OF WORKMEN’S COMPENSATION LAWS—UNITED STATES.
ARIZONA.

CONSTITUTION.
A r t ic le

XVIII.—Employment of labor—Compensation for injuries to
workmen.

S e ctio n 8 . The legislature shall enact a workmen’s compulsory C om pulsory
compensation law applicable to workmen engaged in manual or me- compensa
chanical labor in such employments as the legislature may determine
to be especially dangerous, by which compulk)ry compensation shall
be required to be paid to any such workman by his employer, if in
the course of such employment personal injury to any such workman
from any accident arising out of, and in the course of, such employ
ment is caused in whole, or in part, or is contributed to, by a necessary
risk of danger of such employment, or a necessary risk or danger in
herent in the nature thereof, or by failure of sucn employer, or any
of his or its officers, agents, or employee, or employees, to exercise
due care, or to comply with any law affecting such employment: Pro
vided, That it shall be optional with said employee to settle for such
compensation, or retain the right to sue said employer as provided
by this constitution.
ACTS OF 1913.
C h ap ter

VII.—Compensationfor injuries to workmen.

S e ctio n 65. This chapter is a workman’s compulsory compensation Title,
law as provided in section 8 of Article XVIII of the State constitution.
S ec. 66. Compulsory compensation shall be paid by his employer Compensation
to any workman engaged in any employment declared and determined t01)0paid,whe11,
as in the next section hereof (as provided in sec. 8 of Article XVIII
of the State constitution) to be especially dangerous, whether said
employer be a person, firm, association, company, or corporation, if
in the course of the employment of said employee personal injury
thereto from any accident arising out of, and in the course of, sucn
employment is caused in whole, or in part, or is contributed to, by a
necessary risk oi danger of such employment, or a necessary risk or
danger inherent in the nature thereof, or by failure of such employer,
or any of his or its officers, agents, or employee or employees, ‘to exer
cise due care, or to comply with any law affecting such employment.
S ec. 67. The employments hereby declared and determined to be Especially danespecially dangerous (as provided m sec. 8 of Article XVIII of the
<mptoar*
State constitution) within the meaning of this chapter are as follows:
1. The operation of steam railroads, electrical railroads, street
railroads, by locomotives, engines, trains, motors, or cars of any kind
elled by a steam, electricity, cable, or other mechanical power,
iding tne construction, use or repair of machinery, plants, tracks,
switches, bridges, roadbeds, upon, over, and by which such railway
business is operated.
2. All work when making, using or necessitating dangerous prox
imity to gunpowder, blasting powder, dynamite, compressed air, or
any other explosive.

181

182

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

3. The erection or demolition of any bridge, building, or structure
in which there is, or in which the plans and specifications require,
iron or steel frame work.
4. The operation of all elevators, elevating machinery or derricks
or hoisting apparatus used within or on the outside of any bridge,
building or other structure for conveying materials in connection with
the erection or demolition of such bridge, building or structure.
5. All work on ladders or scaffolds of any kind elevated twenty (20)
feet or more above the ground or floor beneath in the erection, con
struction, repair, painting or alteration of any building, bridge, struc
ture or other work in which the same are used.
6. All work of construction, operation, alteration or repair, where
wires, cables, switchboards, or other#apparatus or machinery are in
use charged with electrical current.
7. All work in the construction, alteration or repair of pole lines
for telegraph, telephone or other purposes.
8. All work in mines; and all work in quarries.
f 9. All work in the construction and repair of tunnels, subways
and viaducts.
10. All work in mills, shops, works, yards, plants, and factories
where steam, electricity, or any other mechanical power is used to
operate macninery and appliances in and about such premises.
Alter n a t 1v e S ec. 68. In case such employee or his personal representative shall
e<|
emp " refuse to settle for such compensation as provided in section 8 of
Article XVIII of the State constitution, and chooses to retain the
right to sue said employer (as provided in any law provided for in
section 7, Article XVIII of the State constitution) he may so refuse
to settle and may retain said right.
Failure to exer- Seo. 69. It is hereby declared and determined to be contrary to
cise duecare.
public po]icy that any employer conducting any especially dangerous
industry, through any of nis or its officers, agents, or employee or
employees, shall fail to exercise due care, or fail to comply with any
law affecting such employment, in such manner as to endanger the
lives and safety of employees thereof, without assuming the burden
of the financial loss through disability entailed upon such employees,
or their dependents, through such failure; and it is further declared
and determined to be contrary to public policy that the burden of
the financial loss to employees in such dangerous employments, or to
their dependents, due to injuries to such employees received through
such accidents as are hereinbefore mentioned shall be borne by said
employees without due compensation paid to said employees, or
their dependents, by the employer conducting such employment,
owing to the inability of said employees to secure employment in said
employments under a free contract as to the conditions under which
they will work.
Lability with- S ec. 70. The common law doctrine of no liability without fault is
out fault.
hereby declared and determined to be abrogated in Arizona as far as it

shall be sought to be applied to the accidents hereinbefore mentioned.

What injuries Sec. 71. when, in the course of work in any of the employments
sated!6 compen~described in section 67 of this title, personal injury by accident arising

out of and in the course of such labor, service, or employment, is caused
to or suffered by any workman engaged therein, by any risk or failure
specified in section 66 hereof, then such employer shall be liable to
and must make and pay compensation to the workman injured, and
his personal representative, when death ensues, for the benefit of the
estate of the deceased, for such injury at the rates and in the manner
hereinafter set out in this chapter.
Waiting time.
Provided, That the employer shall not be liable under this chapter
in respect of any injury which does not disable the workman for a
period of at least two weeks after the date of the accident from earning
full wages at the work at which he was employed at the time of the
injury, and
Provided, further, That the employer shall not be liable under this
chapter in case the employee rerases to settle for such compensation
and retains his right to sue as provided in section 68 of this title.
fcom* ®BC*
^ en an injury is received by a workman engaged in any
^
labor or service specified in section 67 of this title, and for which the

APPENDIX—

WOBKJIEX'S

CO. .PEXSATIOX LAWS— ARIZONA.

183

employer is made liable as specified in section 71 hereof, then the
measure and amonnt of compensation to be made by the employer to
such workman or his personal representative for such injuries, shall be
as follows:
1. If the injury by accident does not result in death within six months For total disa*
from the date of the accident, but does produce or result in total inca- u t*v;
pacity of the workman for work at any gainful employment for more
than two (2) weeks after the accident then the compensation to be
made to such workman by his employer shall be a semimonthly pay
ment commencing from the date o f the accident and continuing during
such total incapacity, of a sum equal to fifty (50) per centum of the
workman’s average semimonthly earnings wnen at work on full time
during the preceding year, if he shall have been in the employment of
of such employer for such length of time; but if not for a rail year,
then fifty (50) per centum of the average wages, whether semimonthly,
weekly, or daily, being earned by such workman during the time he
was at work for his employer before and at the time of the accident.
2. In ease (1) the accident does not wholly incapacitate the work- For partial dfcman from the same or other gainful employment; or (2) in case the a ility;
workman, being at first wholly incapacitated, ‘thereafter recovers so
as to be able to engage at labor in the same or other gainful employ
ment, thereby earning wages, then in each case the amount of the
semimonthly payment shall be one-half of the difference between the
average earnings of the workman at the time of the accident deter
mined as above provided, and the average amount he is earning or is
capable of earning, thereafter, semimonthly in the same or other
employment—it being the intent and purpose of this chapter, that the
semimonthly payment shall not exceed, but equal, from time to time
one-half the difference between the amount of average earnings ascer
tained as aforesaid at the time of the accident, and the average amount
which the workman is earning, or is capable of naming, in the same
or other employment or otherwise, after the accident, and at the time
of such semimonthly payment. Such payments shall cease upon the
workman recovering and earning, or being capable of earning, in the
same or other gainful employment or otherwise, wages equal to the
amount being earned at the time of the accident.
Provided, however, That the payments shall continue to be made
as herein determined to the workman so long as incapacity to earn
wages in the same or other employment continues, but in no case shrll
the total amount of such payments as provided in subsections 1 and 2
of this section exceed four thousand ($4,000) dollars.
3. When the death of the workman results from the accident within Fordeath,
six months thereafter, and the workman, at the time of his death,
leaves a widow, and a monor [minor] child, or children dependent on
such workman’s earnings for support and education, then the employer
shall pay to the personal representative of the deceased workman for
the exclusive benefit of such widow and child, or children, a sum
equal to twenty-four hundred times one-half the daily wages or earn
ings of the decedent, determined as aforesaid, but in no event more
thin the sum of four thousand dollars ($4,000). Such sum shall be paid
in lump and held in trust by such representative for such widow and
children and applied by him to the support of the widow while she
remains unmarried, and to the support and education of the children
so long as necessary, and until eighteen (18) years of age, in such wav
and manner as to him shall seem best and just, under and in accord
ance with the directions of the court having jurisdiction of the estate
of the decedent; any balance remaining unapplied at the closing of
the estate of the decedent shall be distributed to the decedent’s widow
(if still his widow), and the children or next of kin, as provided by the
law of descents. The personal representative may pay out of said
fund the reasonable and necessary expenses of medical attendance and
burial of the decedent. If the workman leaves no widow or child, or
children, but a father or mother or sister dependent on him for support,
then said sum shall be for their benefit to be applied as above provided.
If the deceased workman leaves no widow, children, or other depend
ents, then the employer shall pay the reasonable expenses of medical
attendance upon the decedent and also provide and secure his burial

184
Medical
illations.

Notice.

BULLETIN OF THE B U .

OF LABOR STATISTICS.

in a proper cemetery, which may be chosen by the friends of the
decedent.
S e c . 73. Any workman claiming compensation under the provisions of
this chapter shall, if requested by the employer, or upon written notice
by him given to the employer, submit himself for bodily examination
by some competent licensed medical practitioner or surgeon of the
county in which the workman then resides, to ascertain and determine
the nature, character, extent, and effect of the injury to such workman
at the time of such examination for the purpose of ascertaining the
semimonthly compensation then and thereafter to be made. The
employer or the workman not having requested the examination may
have present at the examination a medical representative, by him
chosen. Each party shall pay his chosen representative the expenses of
such examination. The said notice shall be given at least ten (10) days
before the date fixed for the examination, and the place shall be con
venient for the workman to be examined. In case the employer is a
corporation, the notice may be served on any officer or agent thereof
in the said county, and if none there, then elsewhere in the State.
The examiner shall make a verified report in writing in duplicate
within ten (10) days after the examination and furnish one copy to the
employer and one to the workman. If any workman neglects or refuses
to submit to an examination, his right to compensation, if any, shall be
suspended until he notifies the employer in writing of his readiness to
submit thereto. No persons other than* the physicians and surgeons
aforesaid shall attend any examination except by agreement of the
parties. If the employer and the workman each have an examiner,
and they shall agree upon and join in a report, the same shall be con
clusive so long as it remains in force. If either the employer or the
employee, having opportunity, fails to provide an examiner, then the
report of the examiner making such examination shall likewise be con
clusive so long as the same remains in force. If the workman and the
employer each have an examiner present, and they disagree as to the
nature, character, extent, or effect of the injury, and the degree of inca
pacity, if any, for labor on the part of the workman at the time of such ex
amination, then they shall join in a written report stating the matters in
which they agree, and in which they disagree, and mutually select some
disinterested medical practitioner or surgeon of the county, to whom
the same shall be referred, and who shall proceed promptly to make an
examination of the workman as to the matters in disagreement, and the
same shall be conclusive so long as such report remains in force, which
report shall be made by such disinterested examiner and verified, and
a copy thereof furnished to the employer and the workman. For mak
ing such examination, such examiner shall be entitled to a fee of ten
dollars ($10), to be paid one-half by the employer and one-half by the
workman at the time of such examination. Such examination may be
required by the workman or the employer at periods not shorter than
three months from the date of the last examination. The report of any
examination shall supersede all previous reports. When there is dis
agreement between the examiners aforesaid, and they can not agree
upon a third person as above provided, then it shall be the duty of the
chairman of the board of supervisors of the county, on written notice
of either the workman or employer, to appoint some licensed medical
practitioner or surgeon, who shall be a resident ot the county, to make
such examination, and said appointee shall be entitled to the same
compensation.
Sec. 74. Every workman seeking compensation under the provisions
of this chapter, where the same is not fatal or does not render him incom
petent to give the notice, shall, within two weeks after the day of the
accident, give notice in writing to the employer, or his representative
employing such workman, or to the foreman or other employee of the
employer under whom he was working at the time of the accident, and
before the workman has voluntarily left the service of the employer and
during his disability. The notice shall state (1) the name ana address of
such workman, (2) the date and place of the accident, (3) and state in
simple words the cause thereof, (4) the nature and degree of the injury
sustained, (5) and that compensation is claimed under this chapter. The
notice may be written and served personally by the workman or by

APPENDIX— W O R K M E N 'S COMPENSATION LAWS— ARIZONA.

185

any one in his behalf on any person named above in this section, or by
mail, postpaid, to such person, addressed to the office, place ot busi
ness or residence of the person notified. No want or defect or inaccu
racy of the notice shall be a bar to the right of the workman to claim and
receive compensation under this chapter, or to maintain any proceed
ing to secure the same, unless the employer proves that he has been
seriously prejudiced by such lack of notice. No compensation shall be
claimed or allowed so long as such notice is not given. If the workman
is killed, or otherwise rendered incompetent to give the notice, the
same is not hereby required, nor is any notice required to be given by
the personal representative of such deceased person. It shall be the
duty of any one giving a notice as in this section provided, to mail a
duplicate copy to the attorney general of this State.
S ec. 75. Any question which may arise between the employer and Settlement of
the workman or nis personal representative, under this chapter, shall
be determined either (1) by written agreement between the parties, or
(2) by arbitration, or (3) by reference and submission to the attorney
general of this State; ana in case of a refusal or failure of the employer
and workman, or such personal representative, to agree upon a settle
ment by either of the modes above provided, then by a civil action at
law, showing such refusal or failure as a reason for suit. If any em
ployer fails to make and pay compensation, as in this chapter provided,
for a period of three months after the date of the accident, or for any
two months or more after payment of the last monthly compensation,
then the injured workman, if surviving, or the personal representative,
in case of death, may bring an action in any court of competent juris- Enforcement of
diction to recover and enforce the compensation herein provided. claims*
Such action shall be conducted as near as may be in the same manner
as other civil actions at law. The action shall be brought within one Limitation,
year after the happening of the accident, or after the nonpayment of
any semimonthly installment theretofore fixed by agreement or other
wise; or within one year after the appointment of a personal represen
tative of the decedent. The judgment in such action, when in favor
of the plaintiff, shall be for a sum equal to the amount of payments
then due and prospectively due under the provisions of this chapter.
The judgment shall be for the total amount thereof and collectible
without relief from valuation or appraisement laws. And the court
awarding the judgment shall, by proper order, direct that the same
shall be paid ratably to the workman, if living, in semimonthly install- Payments,
ments until the determination of the periods provided in this chapter
the same as if such payments were being made voluntarily or without
suit in conformity with this chapter. The judgment by agreement, if
it appears to the court to be for the best interests of the workman,
may be paid in lump and hot otherwise. The court rendering the
judgment is hereby given power from time to time to make such orders
touching the matter of payments as may appear best to provide for the
maintenance and support of the workman and his family during his
infirmity, and for his and their benefit and security. Tne employer
shall have the right to stay the judgment in whole, whether the same
is to be paid in lump sum or monthly installments, upon securing the
same by one or more freehold sureties or a surety company, to be ap
proved by the court rendering the judgment, who shall enter into a
recognizance acknowledging themselves bound for the defendant for
the payment of the judgment in lump or in partial payments as the
same is, or shall be made, payable, together with interest and costs.
On failure of any one or more of such payments by the employer,
execution may issue out of said court and cause, against such defend
ant, and his bail from time to time leviable and collectible without
relief from valuation or appraisement or stay laws. The recognizance
shall be written upon the order book of the court and immediately
following the entry of the judgment and signed by such bail ana
docketed in the judgment docket of the court against such defendant
and bailors, which shall bind the property of the same in the same
manner as the judgment binds the property of the employer. In an
action by a personal representative of a deceased workman, the court
shall determine the proportions of the judgment, whether in lump or
in installments, to be distributed between the widow and child, or Distribution.

186

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

cliildren, with power to alter and amend the proportionment from
time to time on petition of any party interested as the court may
deem best for the support, maintenance, and education of such widow
and children.
Attorney’s fees. In any action under this chapter the court shall fix and allow, at
the time of entering the judgment against the employer, a reasonable
fee to the workman’s attorney, to be taxed against the employer as
costs, and collectible in the same manner. From such allowance
there shall be no right of appeal. Such attorney shall have no claim
for compensation upon the judgment or its proceeds, other than as
herein provided. But no allowance, or any fee payable by the work
man to an attorney for services, or any fee payable by the workman
to an attorney for services in securing a recovery or disbursement,
shall ever exceed twenty-five (25) per centum of the principal of the
sum.recovered: and the same shall not be made a lien on the recovery
of its proceeds, except as may be determined and allowed and fixed
by the court.
Payments are S ec. 76. Any workman entitled to monthly or other payments from
preferred claims. or ^ any judgment against any employer as above provided, as com
pensation shall have the same preferential claim therefor against the
property and assets of the employer and any bailor, as now is allowed
by law for unpaid wages or personal services. No judgment or any
part thereof, nor monthly payments due, or coming due, under this
chapter shall be assignable by the workman or subject to mortgage,
levy, execution, or attachment. But the same shall stand as a con
tinuing provision for the maintenance and support of such injured
workman during his incapacity for the periods provided in this chapter.
Mental incom- S ec. 77. In case an injured workman, having a right of action under
petence.
the provisions of this chapter, shall be mentally incompetent at the time
when any right or privilege accrues thereunder to him, a guardian may
be appointed by any court having jurisdiction, to secure and protect
the rights of such workman; and the guardian may claim and exercise
any and all of such rights or privileges with the same force and effect
as if the workman himself had been competent and had claimed or ex
ercised any such right or privilege; and no limitation of time provided in
any of the foregoing sections shall run so long as said incompetent
workman has no guardian.
Effect of act.
S ec. 78. This chapter shall be construed as a continuation of the law
contained in chapter 14 of the laws of the first legislature of the State of
Existing con- Arizona, second session. All workmen employed by an employer at
tracts.
manual and mechanical labor of the kinds defined in section 67 of this
title shall be deemed and held in law to be employed and working
subject to the provisions of this chapter, and the employer and the
workman shall alike be bound by and shall have each and every bene
fit and right given in this chapter the same as if a mutual contract to
that effect were entered into between the employer and the workman
at any time before the happening of any accident. It shall be lawful,
however, for the employer and workmen to disaffirm an employment
under the provisions of this chapter by written contract between them,
or by written notice by one to, and served upon the other to that effect
before the day of the accident.
Substitute
Provided, Such written contract does not provide for less compensascnemes.
tion than as provided in this chapter. And in the absence of such
written contract or written notice, served as above provided, it shall be
taken and held that the employment and service is under this chapter:
and the same shall be the sole measure of their respective rights ana
liabilities when and as provided in this chapter.
Suits.
Provided, If, after the accident, either the employer or the workman
shall refuee to make or accept compensation under this chapter or to
proceed under or rely upon the provisions hereof for relief, then the
other may pursue his remedy or make his defense under other existing
statutes, the State constitution, or the common law, except as herein
provided, as his rights may at the time exist. Any suit brought by the
workman for a recovery shall be held as an election to pursue such rem
edy exclusively.
Agreements.
Sec. 79. Any employer employing workmen to perform labor or serv
ices of other kinds than as defined m this chapter, and such workmen

APPENDIX—WORKMENS COMPENSATION LAWS—ARIZONA.

187

and employees may, by agreement, at any time during the employment,
accept ana adopt the provisions of this chapter as to liability for acci
dent, compensation, and the methods and means of paying and secur
ing and enforcing the same. And in every such case tne provisions of
this chapter shall be taken in law and fact to bind the parties as fully as
if they were specifically mentioned and embraced in the provisions of
this chapter.
S ec. 80. This chapter is remedial in its purpose and shall be con Nature of act.
strued and applied so as to secure promptly and without burdensome
expense to the workmen the compensation herein provided and appor
tioned so as to provide support during the periods named for the loss of
ability to earn full wages.
S ec. 81. Nothing in this chapter shall be deemed or taken to repeal Construction.
or affect in any way any other acts or laws passed by the first legisla
ture of the State of Arizona, and as [sic] in so far as it refers to the same
subjectin other actsit shall be deemed to be cumulative only.
Sec. 82. All acts and parts of acts in conflict with the provisions of Repealer.
this act are hereby repealed.
Sec. 83. This act shall take effect and l>e in force from and after the

Act in effect.

first day of October, 1913.
Approved May 13,1913.
CALIFORNIA.

CONSTITUTION.
A r t ic le

XX.—Miscellaneous—Compensation of workmen for injuries.

S e ctio n 21. The legislature may by appropriate legislation create Compulsory
Compulsory
and enforce a liability on the part of all employers to compensatelaws authorized,
their employees for any injury incurred by the said employees in the
course o f their employment irrespective of the fault of either party.
The legislature may provide for tne settlement of any disputes arising Settlement of
under the legislation contemplated by this section, by arbitration, or
by an industrial accident board, by the courts, or by either any or all
oi these agencies, anything in this constitution to the contrary not
withstanding.
Amendment adopted October 10, 1911.

ACTS OF 1913.
C h ap ter

176.—Compensation for injuries to employees—State insurance
fund.

S e ctio n 1. This act shall be known, and may be cited, as the Title.
“ Workmen’s Compensation, Insurance and Safety Act” and shall
apply to the subjects mentioned in its title.
S ec. 2. The following terms as used in this act shall, unless a different Definitions,
meaning is plainly required by the context, be construed as follows:
( 1) Tne term commission means the Industrial Accident Com
mission of the State of California.
(2) The term “ commissioner” means one of the members of the
commission.
(3) The term “ compensation” means compensation under this
act and includes every benefit or payment conferred by sections
twelve to thirty-six, inclusive, of this act upon an injured employee,
or in the event of his death, upon his dependents, without regard to
negligence.
(4) The term “ damages” means the recovery allowed in an action
at law as contrasted with compensation under this act.
(5) The term “ person” includes an individual, firm, voluntary
association or a corporation.
(6) The term “ insurance carrier” includes the State Compensation
Insurance Fund herein created and any private company, corporation
or mutual association authorized under the laws of this State to insure
employers against liability for compensation under this act.

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(7) The phrase “ compensation provisions of this act” means and
includes sections twelve to thirty-five, inclusive, of this act.
(8) The phrase “ safety provisions of this act” means and includes
sections fifty-one to seventy-two, inclusive, of this act.
(9) Whenever 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.
industrial Ac- S ec. 3. There is hereby created a board to consist of three members
cident commis- wj10 shall be appointed by the governor from the State at large and
which shall be known as the “ Industrial Accident Commission” and
shall have the powers, duties and functions hereinafter conferred.
Within thirty days prior to the first day of January, 1914, the governor
shall appoint the three members of said commission, one for the term
of two years, one for the term of three years and one for the term of
four years. Thereafter the term of office of each commissioner shall
be four years. Vacancies shall be filled by appointment in the same
manner for the unexpired term. Each commissioner shall receive an
annual salary of five thousand dollars. Each commissioner shall,
before entering upon the duties of his office, take and subscribe the
constitutional oath of office.
Organization.
S ec. 4. The commission shall organize by choosing one of its members
as chairman. A majority of the commission shall constitute a quorum
for the transaction of any business, for the performance of any duty,
or for the exercise of any power or authority of the commission. A
vacancy on the commission shall not impair tne right of the remaining
members to perform all the duties ana exercise all the power and
authority of the commission. The act of the majority of the com
mission, when in session as a commission, shall be deemed to be the
act of the commission, but any investigation, inquiry or hearing,
which the commission has power to undertake or to hold, may be
undertaken or held by or before any member thereof or any referee
appointed by the commission for that purpose, and every finding,
order, decision, or award made by any commissioner or referee, pur
suant to such investigation, inquiry or hearing, when approved and
confirmed by the commission and ordered filed in its office, shall be
deemed to be the finding, order, decision or award of the commission.
Seal.
S ec. 5. The commission shall have a seal, bearing the following
inscription: “ Industrial accident commission State of California,
seal. The seal shall be affixed to all writs and authentications of
copies of records and to duch other instruments as the commission shall
direct. All courts shall take judicial notice of said seal.
office.
S ec. 6. The commission shall keep its principal office in the city
and county of San Francisco, and shall also keep an office in the city of
Los Angeles, and shall provide itself with suitable rooms, necessary
office furniture, stationery and other supplies. For the purpose of
holding sessions in other places, the commission shall have power to
rent temporary quarters.
Powers.
S ec. 7 . The commission shall have full power and authority—
(1] To appoint as its attorney an attorney at law of this State, who
shall hold office at the pleasure of the commission. It shall be the
right and the duty of the attorney to represent and appear for the
people of the State of California and the commission in all actions and
proceedings involving any question under this act or under any order
or act of the commission ana, if directed so to do by the commission,
to intervene, if possible, in any action or proceeding m which any such
question is involved; to commence, prosecute and expedite the final
determination of all actions or proceedings, civil or criminal, directed
or authorized by the commission; to advise the commission and each
member thereof, when so requested, in regard to all matters in con
nection with the jurisdiction, powers or duties of the commission and
members thereof; and generally to perform all duties and services
as attorney to the commission which may be required of him.
(2) To appoint, and it shall appoint, a secretary, who shall hold
office at the pleasure of the commission. It shall be the duty of the
secretary to keep a full and true record of all the proceedings of the com
mission, to issue all necessary processes, writs, warrants and notices
which the commission is required or authorized to issue, and generally
to perform such other duties as the commission may prescribe. The

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189

commission may also appoint such assistant secretaries as may be
necessary and such assistant secretaries may perform any duty of the
secretary, when so directed by the commission.
(3) To appoint a manager of the State Compensation Insurance Fund
who shall hold office at the pleasure of the commission. It shall be the
duty of such manager to manage, supervise and conduct, subject to the
general direction and approval of tne commission, the business and
affairs of the State Compensation Insurance Fund and to perform such
other duties as the commission may prescribe. Before entering on the
duties of his office, he must give an official bond in the sum of 150,000*
and take and subscribe to an official oath. Said bond must be approved
by the commission, by written indorsement thereon, and be filed in
the office of the secretary of state.
(4) To appoint a superintendent of the department of safety, who
shall holdI office at the pleasure ot the commission and who shall per
form such duties as the commission shall prescribe.
(5) To employ such other assistants, officers, experts, statisticians,
actuaries, accountants, inspectors, referees and other employees, as it
may deem necessary to carry out the provisions of this act, or to per
form the duties ana exercise the powers conferred by law upon the
commission.
S e c. 8 . All officers and employees of the commission shall receive Compensation,
such compensation for their services as may be fixed by the commission
and shall hold office at the pleasure of the commission and shall per
form such duties as are imposed on them by law or by the commission.
The salaries of the members of the commission, itsattomey, secretary
and assistant secretary, as fixed by law or the commission, shall be paid
in the same manner as are the salaries of other State officers. The
salary or compensation of every other person holding office or employ
ment under the commission, as fixed by law or by the commission, shall
be paid monthly, after being approved by the commission, upon claims
therefor to be audited by the State board of control. All expenses
incurred by the commission pursuant to the provisions of this act,
including the actual and necessary traveling and other expenses and
disbursements of the members thereof, its omcers and employees, in
curred while on business of the commission, either within or without
the State, shall, unless otherwise provided in this act, be paid from
the funds appropriated for the use of the commission, after being
approved by the commission, upon claims therefor to be audited by
the board of control: Provided, however, That no such expenses
incurred outside of the State shall be allowed unless prior authorization
therefor be obtained from the board of control.

Sec. 9. In all cases in which salaries, expenses, or outgoings of one Apportionment
department under the jurisdiction of the commission are expended in 01exP«nseswhole or in part on benalf of another department the commission may
apportion the same between such departments.

S ec. 10. The commission shall cause to be printed and furnished Forms and recfree of charge to any employer or employee, or other person, such blank s*
forms as it shall deem requisite to facilitate or promote the efficient
administration of this act; it shall provide a book in which shall be
entered the minutes of all its proceedings, a book in which shall be
recorded all awards made by the commission and such other books or
records as it shall deem requisite for the proper and efficient admin
istration of this act; all such records to be Kept in the office of the
commission.

Sec. 11. The commission shall also have power and authority—

Additional

( 1) To charge and collect the following fees: For copies of papers and powers‘
records not required to be certified or otherwise authenticated by the
commission, ten cents for each folio; for certified copies of official docu
ments and orders filed in its office or of the evidence taken on pro
ceedings had, 15 cents for each folio.
(2) To publish and distribute in its discretion from time to time, in
addition to its annual report to the governor of the State, such further
reports and pamphlets covering its operations, proceedings and matters
relative to its work as it may deem advisable.
(3) To fix and collect reasonable charges for publications issued
under its authority.

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(4) The fees charged and collected under this section shall be paid
jnonthly into the treasury of the State to the credit of the “ Industrial
Accident Fund” and shall be accompanied by a detailed statement
thereof.
Liability with- S ec. 12. (a) Liability for the compensation provided by this act, in
out negligence. iieu 0f any other liability whatsoever, shall, without regard to negli
gence, exist against an employer for any personal injury sustained by
his employees by accident arising out of and in the course of the em
ployment and for the death of any such employee if the injury shall proxlmately 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 compensation provisions of this act.
(2) Where, at the time of the accident, the employee is performing
service growing out of and incidental to his employment and is acting
within the course of his employment as such.
(3) Where the injury is proximately caused by accident, either with
or without negligence, and is not so caused by the intoxication or the
willful misconduct of the injured employee.
(5) Where such conditions of compensation exist, the right to recover
such compensation pursuant to the provisions of this act, shall be the
exclusive remedy against the employer for the injury or death, except
that when the injury was caused by the employer’s gross negligence or
willful misconduct and such act or failure to act causing such injury
was the personal act or failure to act on the part of the employer himself,
or if the employer be a partnership on the part of one of the partners, or
if a corporation, on the part of an elective officer or officers thereof, and
such act or failure to act indicated a willful disregard of the life, limb,
or bodily safety of employees, any such injured employee may, at his
option, either claim compensation under this act or maintain an action
at law for damages.
(c) In all other cases where the conditions of compensation do not
concur, the liability of the employer shall be the same as if this act had
not been passed.
Who are em- S ec. 13. The term “ employer” as used in sections twelve to thirtyployers.
five, inclusive, of this act shall be construed to mean: The State, and
each county, city and county, city, school district and all public cor
porations therein, and every person, firm, voluntary association, and
private corporation (including any public service corporation), who
nas any person in service under any appointment or contract of hire,
or apprenticeship, express or implied, oral or written, and the legal
representatives of any deceased employer.
Employees.
S ec. 14. The term “ employee” as used in sections twelve to thirtyfive, inclusive, of this act shall be construed to mean: Every person in
the service of an employer as defined by section thirteen hereof under
any appointment or contract of hire or apprenticeship, express or im
plied, oral or written, including aliens and also including minors, but
excluding any person whose employment is both casual and not in the
usual course o! the trade, business, profession or occupation of his
employer, and also excluding any employee engaged in farm, dairy,
agricultural, viticultural or horticultural labor, in stock or poultry
raising or in household domestic service.
Compensation.
S ec. 15. Where liability for compensation under this act exists such
compensation shall be furnished or paid by the employer and be as
provided in the following schedule:
Medical, etc., (a) Such medical, surgical, and hospital treatment, including
care*
nursing, medicines, medical and surgical supplies, crutches and appa
ratus, as may reasonably be required at the time of the injury and
within ninety days thereafter, to cure and relieve from the effects of
the injury, the same to be provided by the employer, and in case of his
neglect or refusal seasonably to do so, the employer to be liable for the
reasonable expense incurred by or on behalf of the employee in pro
viding the same.
Disability.
(ft) i . if the accident causes disability, a disability indemnity
which shall be payable for one week in advance as wages on the fif
teenth day after tne injured employee leaves work as a result of the
injury, and thereafter on the employer’s regular pay day, but not less

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191

frequently than twice in each calendar month, unless otherwise ordered
by the commission, subject, however, to the following limitations:
(1) If the period of disability does not last longer tnan two weeks Waitingtime,
from the day the employee leaves work as the result of the injury, no
disability indemnity whatever shall be recoverable.
(2) If the period of disability lasts longer than two weeks from the
day the employee leaves work as the result of the injury, no disability
indemnity shall be recoverable for the first two weeks of such disability.
2. The disability indemnity payable shall be as follows:
(1) If the accident causes temporary total disability, sixty-five per Total
disacent of the average weekly earnings during the period of such disay'
bility •
(2) If the accident causes temporary partial disability, sixty-five Partial disaper cent of the weekly loss in wages during the period of such disability; mty*
(3) If the temporary disability caused by the accident is at times
total and at times partial, the weekly disability indemnity during the
periods of each such total or partial disability shall be in accordance
with paragraphs ( 1) and (2) of this subdivision respectively;
(4) Paragraphs (1), (2) and (3) of this subdivision shall be limited as
follows: aggregate disability indemnity for a single injury causing tem
porary disability shall not exceed three times the average annual
earnings of the employee, nor shall the aggregate disability period for
such temporary disability in any event extend beyond two hundred
forty weeks from the date of the accident.
( 5) If the accident causes permanent disability, the percentage of Permanent dis*
disability to total disability shall be determined and the disability abmty*
indemnity computed and allowed as follows: For a ten per cent disa
bility, sixty-five per cent of the average weekly earnings for a period
of forty weeks; for a twenty per cent disability, sixty-five per cent of
the average weekly earnings for a period of eighty weeks: for a thirty
per cent disability, sixty-five per cent of the average weekly earnings
lor a period of one hundred'twenty weeks; for a forty per cent disa
bility, sixty-five per cent of the average weekly earnings for a period
of one hundred sixty weeks: for a fifty per cent disability, sixty-five
per cent of the average weekly earnings for a period of two hundred
weeks; for a sixty per cent disability, sixty-five per cent of the average
weekly earnings for a period of two hundred forty weeks; for a seventy
per cent disability, sixty-five per cent of the average weekly earnings
for a period of two hundred forty weeks, and thereafter ten per cent of
such weekly earnings during the remainder of life; for an eighty per
cent disability, sixty-five per cent of the.average weekly earnings for
a period of two hundred forty weeks, and thereafter twenty per cent
of such weekly earnings during the remainder of life; for a ninety per
cent disability, sixty-five per cent of the average weekly earnings for
a period of two hundred forty weeks and thereafter thirty per cent of
such weekly earnings during the remainder of life; for a hundred per
cent disability, sixty-five per cent of the average weekly earnings for
a period of two hundred forty weeks and thereafter forty per cent of
such weekly earnings during the remainder of life.
(6) The indemnity for permanent disabilities intermediate to those
fixed by the foregoing schedule shall be computed and allowed as fol
lows: If under seventy per cent, sixty-five per cent of the average
weekly earnings for four weeks for each one per cent of disability: if
seventy per cent or over, sixty-five per cent of the average weekly
earnings for two hundred forty weeks and thereafter one per cent of
such weekly earnings for each one per cent of disability in excess of
sixty per cent to be paid during the remainder of life.

(7) In determining the percentages of permanent disability, account
shall be taken of the nature of the physical injury or disfigurement,
the occupation of the injured employee and his age at the time of such
injury.

( 8) Nothing contained in the foregoing schedule of permanent disa
bility indemnity shall be held to limit the amount of compensation
recoverable for any such permanent injury during any period of total
incapacity due to illness resulting from that injury, but any sum so
received shall be deducted from the compensation payable in accord
ance with the said schedule.

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(9) The following permanent disabilities shall be conclusively pre
sumed to be total in character: Loss of both eyes or the sight thereof;
loss of both hands or the use thereof; an injury resulting in a practi
cally total paralysis; an injury to the brain resulting in incurable im
becility or insanity. In all other cases, permanent total disability
shall be determined in accordance with the fact.
, Deathfoliowing 3. The death of the injured employee shall not affect the liability of
disability.
the employer under subsections (a) and (6) of this section, so far as
such liability has accrued and become payable at the date of the
death, and any accrued and unpaid compensation shall be paid to the
dependents, it any, without administration, or if there are no depend
ents, to the personal representatives of the deceased employee or other
person entitled thereto, but such death shall be deemed to be the
termination of the disability.
Compensation (c) If the accident causes death, either with or without disability,
for death.
a death benefit which shall be payable in installments equal to sixty-

five per cent of the average weekly earnings of the deceased employee,
upon the employer’s regular pay day, but not less frequently than
twice in each calendar month, unless otherwise ordered by the com
mission, which death benefit snail be as follows:

(1) In case the deceased employee leaves a person or persons wholly
dependent upon him for support, the death benefit shall be a sum suffi
cient, when added to the disability indemnity which, at the time of
death has accrued and become payable, under the provisions of sub
section (b) hereof, to make the total disability indemnity and death
Minimum and benefit equal to three times his average annual earnings, such annual
maximum earn- e a m iQ g g to be taken at not less than three hundred'and thirty-three
dollars and thirty-three cents nor more than one thousand six hundred
and sixty-six dollars and sixty-six cents.
(2) In case the deceased employee leaves no person wholly depend
ent upon him for support, but one or more persons partially dependent
therefor, the death benefit shall be such percentage of three times such
averageannualearnings of theemployee asthe annual amountdevoted by
the deceased to the support of the person or persons so partially de
pendent bearsto such average annual earnings: Provided, That the death
benefit shall not be greater than a sum sufficient, when added to the
disability indemnity which, at the time of the death, has accrued and
become payable under the provisions of subsection (b) hereof to make
the total disability indemnity and death benefit equal to three times
his average annual earnings, such average annual earnings to be taken
at not less than three hundred and thirty-three dollars and thirty-three
cents nor more than one thousand six nundred and sixty-six dollars
and sixty-six cents.
(3) If the deceased employee leaves no person dependent upon him
for support, the death benefit shall consist of the reasonable expenses
of his burial not exceeding one hundred dollars and such further death
benefit as may be provided by law.
(d) Payment of compensation in accordance with Hie order and direc
tion of the commission shall discharge the employer from all claims
therefor.
Limitations.
S ec. 16. (a) Unless compensation is paid or an agreement for its
payment made within the time limited in this section for the institu
tion of proceedings for its collection, the right to institute such pro
ceedings shall be wholly barred.
(b) The periods within which proceedings for the collection of com
pensation may be commenced are as follows:
(1) Proceedings for the collection of the benefit provided by subsec
tion (a) of section fifteen or for the collection of the disability indemnity
provided by subsection (6) of said section fifteen must be commenced
within six months from the date of the accident, except as otherwise
provided in this act.
(2) Proceedings for the collection of the death benefit provided by
subsection (c) of said section fifteen must be commenced within one
year from the date of death, and in any event within two hundred
forty weeks from the date of the accident, and can only be maintained
when it appears that death ensued within one year from the date of
the accident, or that the accident causing death also caused disability

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193

which continued to the date of the death and for which a disability
indemnity was paid, or an agreement for its payment made, or pro
ceedings lor its collection commenced within the time limited for the
commencement of proceedings for the recovery of the disability
indemnity.

(c) The payment of the disability indemnity or death benefit, or
any part thereof, or agreement therefor, shall have the effect of extend
ing tne period withan which proceedings for its collection may be com
menced, six months from the date of the agreement or last payment of
such disability indemnity or death benefit or any part thereof.

(d) If an injured employee, or in the case of his death, one or more Minor and inof nis dependents, shall be a minor or incompetent at any time when any
*
right or privilege accrues to such person under the provisions of this
act, a general guardian, appointed by the court or a guardian ad litem
or trustee appointed by the commission or a commissioner may, on
behalf of any such person, claim and exercise any such right or privi
lege with the same force and effect as if no such disability existed; and
no limitation of time provided by this act shall run against any such
minor or incompetent unless and until such guardian or trustee is
appointed.
(<?) No compensation shall be payable in respect of the death or dis“li
ability of an employee if his death is caused!, or if and so far as his cal treatment,
disability is caused, continued, or aggravated, by an unreasonable
refusal to submit to medical treatment, or to any surgical treatment,
the risk of which is, in the opinion of the commission, inconsiderable
in view of the seriousness of the injury.
(f) The fact that an employee has suffered a previous disability, or Second injuries,
receives compensation therefor, shall not preclude him from compen
sation for a later injury, or his dependents from compensation for death
resulting therefrom, but in determining compensation for the later
injury, or death resulting therefrom, his average annual earnings shall
be fixed at such sum as will reasonably represent his annual earning
capacity at the time of the later injury.
(g) Any payment, allowance or benefit received by the injured em- Payments not
ployee during the period of his incapacity, or by his dependents in the
*
event of his death, which by the terms of this act was not then due and
payable or when there is any dispute or question concerning the right
to compensation, shall not, in the absence of any agreement, be con
strued to be an admission of liability for compensation on the part of
the employer, or the acceptance thereof as a waiver of any nght or
claim which the employee or his dependents may have against the em
ployer, but any such payment, allowance or benefit may be taken into
account by the commission in fixing the amount of the compensation
to be paid.
Sec. 17. (a) The average weekly earnings referred to in section Computing
fifteen hereof shall be one fifty-second of the average annual earnings eamings‘
of the employee: in computing such earnings his average annual earn
ings shall be taken at not less than three hundred and thirty-three
dollars and thirty-three cents, nor at more than one thousand six hun
dred and sixty-six dollars ana sixty-six cents and between said limits
shall be arrived at as follows:
(1) If the injured employee has worked in the same employment,
whether for the same employer or not, during substantially the whole
of the year immediately preceding his injury, his average annual earn
ings shall consist of three hundred times the average daily earnings,
wage or salary which he earned as such employee during the days when
so employed.
(2) If the injured employee has not so worked in such employment
during substantially the whole of such immediately preceding year,
his average annual earnings shall consist of three hundred times the
average daily earnings, wage or salary which an employee of the same
class, working substantially the whole of such immediately pre
ceding year, in the same or a similar kind of employment, in the same
or a neighboring place, earned during the days when so employed.
(3) In every case where for any reason me 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
30597°—Bull. 120— 14----- 13

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BULLETIN OF THE BUREAU OF LABOR STATISTICS.

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 neigh
boring locality, shall reasonably represent the average annual earning
capacity of the injured employee at the time of the injury in the kind
of employment in which he was then working, or in any employment
similar thereto.
( 6) In determining such average weekly earnings, there shall be
included the market value of board, lodging, fuel and other advan
tages received by the injured employee, as part of his remuneration
and which can be estimated in money, but such average weekly earn
ings shall not include any sum which the employer paid to the injured
employee to cover any special expenses entailed on Jbim by the nature
of his employment.
(c) If the injured employee is a minor, and his incapacity, whether
total or partial, is permanent, his average weekly earnings shall be
deemed, within the limits fixed, to be the weekly sum, that under
ordinary circumstances he would probably be able to earn after ob
taining the age of twenty-one years, in the occupation in which he
was employed at the time of the injuiy, if he had not been injured.
Wage loss
S ec. 18. The weekly loss in wages referred to in section fifteen
hereof shall consist of the difference between the average weekly
earnings of the injured employee, computed according to the provi
sions of said section, and the weekly amount which the injured em
ployee, in the exercise of reasonable diligence, will probably be able
to earn during the disability, to be determined in view of the nature
and extent of the injury. In computing such probable earnings due
regard shall be had to the ability of the injured employee to compete
in an open labor market.
Dependents.
Sec. 19. (a) The following shall be conclusively presumed to be
wholly dependent for support upon a deceased employee:
(1) A wife upon a husband with whom she was living at the time of
his death.
(2) A husband upon a wife upon whose earnings he is partially or
wholly dependent at tho time of ner death.
(3) A child or children under the age of eighteen years (or over said
age, but physically or mentally incapacitated from earning) upon the
parent with whom he or they are living at the time of the death of
such parent or for whose maintenance such parent was legally liable
at the time of his death, there being no surviving dependent parent.
(6) In all other cases, questions of entire or partial dependency and
questions as to who constitute dependents and the extent of their
dependency shall be determined in accordance with the fact, as the
fact may be at the time of the death of the employee.
(c) No person shall be considered a dependent of any deceased
employee unless a member of the family of such employee or unless
such person bears to such employee the relation of husband or wife,
child, adopted child or stepchild, father or mother, father-in-law or
mother-in-law, grandfather or grandmother, brother or sister, nephew
or niece.
(d) 1. If there is one or more persons wholly dependent for support
upon a deceased employee, such person or persons shall receive the en
tire death benefit, and any person or persons partially dependent shall
receive no part thereof, unless otherwise ordered by the commission.
2. If there is more than one such person wholly dependent for sup
port upon a deceased employee, the death benefit shall be divided
equally among them, unless otherwise ordered by the commission.
3. If there is more than one person partially dependent for support
upon a deceased employee, ana no person wholly dependent for sup
port, the amount allowed as the death benefit shall be divided among
the persons so partially dependent in proportion to the relative extent
of their dependency, unless otherwise ordered by the commission.
Payments to (e) The death benefits shall be paid to such one or more of the de
dependents.
pendents of the deceased, or to a trustee appointed by the commission,
or a commissioner, for the benefit of the person or persons entitled, as
may be determined by the commission, and the commission may, any
thing in this act contained to the contrary notwithstanding, apportion

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195

such, benefits among the dependents in proportion to their respective
needs and as may be just and equitable, and may order payment to a
dependent subsequent in right, or not otherwise entitled, upon good
cause being shown therefor. The person to whom the death benefit
is paid for the use of the several beneficiaries shall apply the same in
compliance with the findings and directions of the commission.
S eo. 20. No claim to recover compensation under this act shall be Notice,
maintained unless within thirty days after the occurrence of the acci
dent 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 by the person injured or some one in his behalf, or
in case of his death, bv a dependent or some one in his behalf, shall be
served upon the employer: Provided, however, That actual knowledge
of such accident and mjuiy on the part of such employer, or his managing
agent or superintendent in charge of the work, upon which the injured
employee was engaged at the time of the injury, shall be equivalent to
sucn service: And provided,further, That the failure to give any such
notice, or any defect or inaccuracy therein, shall not be a bar to recov
ery under this act if it is found as a fact in the proceedings for the col
lection of the claim that there was ho intention to mislead or prejudice
the employer, and that he was not in fact misled or prejudiced?thereby.

Sec. 21. (a) Whenever in case of injury the rignt to compensation Medical examiunder tins act would exist in favor of any employee, he shall, upon the mtUm*
written request of his employer, submit from time to time to examina
tion by a practicing physician, who shall be provided and paid for by
the employer, and shall likewise submit to examination from time to
time by any physician selected by the commission or any member or
referee thereof.

( 6) The request or order for such examination shall fix a time and
place therefor, due regard being had to the convenience of the employee
and his physical condition ana ability to attend at the time and place
fixed. The employee shall be entitled to have a physician provided
and paid for by himself present at any such examination. So long as
the employee, after such written request of the employer, shall fail or
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 fail or refuse to sub
mit to such examination after direction by the commission, or any
member or referee thereof, or shall in any way obstruct the same, his
right to the weekly indemnity which shall accrue and become payable
during the period of such failure, refusal or obstruction, shall be barred.
Any physician who shall make or be present at any such examination
may be required to testify as to the results thereof.

S eo. 22. Upon filing with the commission b y any party in interest References to
of an application in writing stating the general nature of any dispute commlssion*
or controversy concerning compensation, or concerning any right of
liability arising out of, or incident thereto, jurisdiction over which is
vested b y this act in the commission, a time and place shall be fixed
for the hearing thereof, which shall be not less than ten days nor more
than forty days after the filing of such application. The person filing
such application shall be known as the applicant and the adverse
party shall be known as the defendant. A copy of said application,
together with a notice of the time and place or nearing thereof, shall
forthwith be served upon all adverse parties and may be served either
as a summons in a civil action or in the same manner as any other
notice that is authorized or required to be served under the provisions
of this act. A notice of the time and place of hearing shall also be
served upon the applicant.
Sec. 23. If any defendant desires to disclaim any interest in the sub- Amendments,
ject matter of the claim in controversy, or considers that the applica
tion is in any respect inaccurate or incomplete, or desires to bring any
fact, paper or document to the attention of the commission as a defense
to the claim, or otherwise, he must within five days after the service
of the application upon him, file with or mail to the commission his
answer setting forth the particulars in which the application is inaccu-

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BULLETIN OF THE BUREAU OF LABOR STATISTICS.

rate or incomplete, and the facts upon which he intends to rely. A,
copy of such answer must be forthwith served upon all adverse parties.
S ec. 24. (a) No pleadings, other than the application and answer,
shall be required. The hearing on the application may be adjourned
from time to time and from place to place m the discretion of the com
mission. Either party shall nave the right to be present at any hearing,
in person or by attorney or by any other agent, and to present such tes
timony as shall be pertinent under the pleadings, but the commission
may, with or without notice to either party, cause testimony to be
taken, or inspection of the premises where the injury occurred to be
made, or the time books and pay roll of the employer to be examined by
any commissioner or any referee appointed by the commission, and may
from time to time direct any employee claiming compensation to beexamined by a regular physician; the testimony so taken and the results of
any such inspection or examination to be reported to the commission
for its consideration.
(b) The parties to a controverey may stipulate the facts relative
thereto in writing and file such stipulation with the commission. The
commission may thereupon make its findings and award based
upon such stipulation, or may in its discretion set the matter down for
hearing and take such further testimony or make such further investi
gations as may be necessary to enable it to completely determine the
matterin controversy.
Awards.
S ec. 25. (a) After final hearing by the commission, it shall, within
thirty days, make 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 parties.
(b) The commission in its award may fix and determine the total
amount of compensation to be paid and specify the manner of payment,
or may fix and determine the weekly disability indemnity to be paid
and order payment thereof during the continuance of such disability.
(c) If, in any proceeding under sections twelve to thirty-five, in
clusive, of this act, it is proved that an accident has happened for
which the employer would be liable to pay compensation if disability
had resulted therefrom, but it is not proved that any incapacity had
resulted, the commission may, instead of dismissing the application,
award a nominal disability indemnity, if it appears that disability is
likely to result at a future time.
Revision
(d) The commission shall have continuing jurisdiction over all its
orders, decisions and awards made and entered under the provisions of
sections twelve to thirty-five, inclusive, of this act and may at
any time, upon notice, and after opportunity to be heard is given to
the parties in interest, rescind, alter or amend any such order, decision
or award made by it upon good cause appearing therefor. Provided,
That no award of compensation shall be rescinded, altered or amended
after two hundred forty-five weeks from the date oi the accident. Any
order, decision or award rescinding, altering or amending a prior order,
decision or award shall have the same effect as is herein provided for
original orders, decisions or awards.
Filing awards S ec. 26. (a) Any party affected thereby may file a certified copy of
in court.
the findings and award of the commission with the clerk of the superior
court for any county, or city and county, and judgment must be entered
by the clerk in conformity therewith immediately upon the filing of
such findings and award.
(b) The certified copy of the findings and award of the commission
and a copy of the judgment shall constitute the judgment roll. The
pleadings, all orders of the commission, its original findings and award,
and all other papers or documents filed in the cause shall remain on file
in the office or the commission.
stay.
(c) The commission, or any member thereof, may stay the execution
of any judgment entered upon an award of the commission, upon good
cause appearing therefor and upon such terms and conditions as may be
imposed. A certified copy of such order shall be filed with the clerk
entering such judgment.
Entry of satis- (d) Satisfaction of a judgment entered upon the award of the comtaction.
mission may be entered in the manner provided by law for the satisProceedings.

APPENDIX— W O RK M EN ’ S COMPENSATION LAWS— CALIFORNIA.

197

faction of judgment. When a judgment is satisfied in fact, otherwise
than upon an execution, the commission may, upon motion of either
party or of its own motion, order the entry of satisfaction of the judg
ment to be made, and upon filing a certified copy of such order with said
clerk, he shall thereupon enter such satisfaction.
S e c. 27. The orders, findings, decisions or awards of the commission Courtreview,
made and entered under sections twelve to thirty-five, inclusive, of this
act may be reviewed by the courts specified in sections eighty-four and
eighty-five hereof and within the time and in the manner therein
specified and not otherwise.
S ec. 28. No fees shall be charged by the clerk of any court for the Fees*
performance of any official service required by this act, except for the
docketing of awards as judgments and for certified copies of transcripts
thereof. In all proceedings under this act before the commission, costs
as between the parties shall be allowed or not in the discretion of the
commission, ana the commission may in its discretion, where payments
of compensation have been unreasonably delayed, allow the beneficiary
thereof interest thereon, at not to exceed one and one half per cent per
month, during such period of delay.
S ec. 29. (a) No claim for compensation shall be assignable before Assignment of
payment, but this provision shall not affect the survival thereof, nor cUUms*
shall any claim for compensation, or compensation awarded, adjudged
or paid, be subject to be taken for the debts of the party entitled to such
compensation, except as hereinafter provided.
(b) The commission may fix and determine and allow as a lien Liens*
against any amount to be paid as compensation:
(1) A reasonable attorney’s fee for legal services pertaining to any
claim for compensation or application filed therefor and the reasonable
disbursements in connection therewith.
(2) The reasonable expense incurred by or on behalf of the injured
employee and for which the employer is Gable under the provisions of
subsection (a) of section fifteen hereof.
(3) The reasonable burial expenses of the deceased employee, not to
exceed the sum of one hundred dollars.
(c) If notice in writing be given to the employer setting forth the Claim a Hen,
nature and extent of any claim, that may be allowed as a lien, the said whm%

claim shall be a lien against any amount thereafter to be paid as com
pensation, subject to the determination of the amount and approval
thereof by the commission. The commission may, in its discretion,
order the amount of such claim as fixed and allowed by it paid directly
to the person entitled, either in a lump sum or in installments.
(d) No claim or agreement for the legal services or disbursements
mentioned in paragraph (1) of subsection (b) hereof, or for the expense
mentioned in paragraph (2) of said subsection (6), in excess of a reason
able amount, shall be valid or binding in any respect.
(e) A claim for compensation for the injury or death of any employee, Preference,
or any award or judgment entered thereon, shall have the same prefer
ence over the other unsecured debts of the employer as is given by law
to claims for wages. Such preference shall be for the entire amount of
compensation to be paid, but this section shall not impair the lien of
any previous award.
S ec. 30. The liability of principals and contractors for compensation Principals and
under this act, when other than the immediate employer of the injured contractors*
employee, shall be as follows:
(a) The principal, any general contractor and each intermediate
contractor who undertakes to do, or contracts with another to do, or to
have done, any work, shall be liable to pay to any employee injured
while engaged in the execution of such work, or to his dependents in
the event of his death, any compensation which the immediate em
ployer is liable to pay.
(o) The person entitled to such compensation shall have the right to
recover the same directly from his immediate employer, and in addi
tion thereto the right to enforce in his own name, in the manner pro
vided by this act, the liability for compensation imposed upon other
persons by this section, either Tby making such other persons parties to
the original application or by filing a separate application: Provided,
however, That payment in whole or in part of such compensation by

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BULLETIN OF THE BUREAU OF LABOR STATISTICS.

either the immediate employer or other person shall, to the extent of
such payment, be a bar to recovery against the other by any person
entitled to such compensation.
(c) When any person, other than the immediate employer, shall have
paid any compensation for which be would not have Deen liable inde
pendently of mis section, lie shall, unless he caused the injury, be en
titled to recover the full amount so paid from the person primarily
liable therefor.
(d) The liability imposed by this section upon such principal, gen
eral contractor ana intermediate contractor snail be subject to the fol
lowing limitations:
(1) Such liability shall exist only in cases where the injury occurred
on or in or about the premises on which the principal, general contrac
tor or intermediate contractor has undertaken to execute any work, or
when such premises or work are otherwise under his control or manage
ment.
(2) Such liability shall not exist in the event that the immediate
employer, or other person primarily liable for the compensation shall,
previous to the happening of such accident, have taken out, and main
tained in full force and effect, compensation insurance with any insur
ance carrier, covering his full liability for compensation to the injured
person or his dependents.
(3) The commission may, in its discretion, order that execution
against the principal, general contractor and any intermediate con
tractor, be stayed until execution against the immediate employer
shall be returned unsatisfied.
Claim as as- S ec. 31. The making of a lawful claim against an employer for comsignment.
pensation under this act for the injury or death of his employee shall
operate as an assignment to the employer of any right to recover dam
ages which the injured employee, or his personal representative, or
other person, may have against any other party for such injury or death,
and such employer shall be subrogated to any such right and may en
force in his own name the legal liability of such other party. The
amount of compensation paid by the employer, or the amount of com
pensation to which the injured employee or his dependents is entitled,
shall not be admissible in evidence in any action brought to recover
damages, but any amount collected by the employer, under the pro
visions of this section, in excess of the amount paid by the employer,
or for which he is liable, shall be held by him for the benefit of the
injured employee or other person entitled.
Waivers.
S ec. 32. (a) No contract, rule or regulation shall exempt the
employer from liability for the compensation fixed by this act, but
nothing in this act contained shall be construed as impairing the right
Settlements,
of the parties interested to settle, subject to the provisions herein
contained, any liability which may be claimed to exist under this act
on account of such injury or death, or as conferring upon the dependents
of any injured employee any interest which such employee 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.
(b) The compensation herein provided shall be the measure of the
responsibility which the employer has assumed for injuries or death
that may occur to employees in his employment when subject to the
provisions of this act, and no release of liability or settlement agree
ment shall be valid unless it provides for the payment of full compensa
tion in accordance with the provisions of this act or until and unless it
shall be approved by the commission.
(c) A copy of any such release or settlement agreement signed by
both parties shall forthwith be filed with the commission. ‘When such
release or settlement agreement is filed with the commission and
approved by it, the commission may of its own motion, or on the appli
cation of either party, without notice, enter its award based upon such
release or settlement agreement.
(d) Every such release or settlement agreement shall be in writing,
duly executed and attested by two disinterested witnesses, and shall
specify the date of the accident, the average weekly wages of the
employee, determined according to section seventeen hereof, the nature

APPENDIX— W O R K M E N 'S COMPENSATION LAW S— CALIFORNIA.

199

of the disability, whether total or partial, permanent or temporary, the
amount paid or due and unpaid to the employee up to the date of the
release or agreement or death, as the case may be, and, if any, the
amount of tne payment or benefits then or thereafter to be made, and
the length of time that such payment is to continue. In case of death
there shall also be stated in such release or settlement agreement the
date of death, the name of the widow, if any, the name and ages of all
children, if any, and the names of all other dependents, if any, and
whether such dependents be total or partial, and the amount paid or
to be paid as a death benefit and to whom such payment is to be made.

Sec. 33. (a) At the time of making its award or at any time there- Lump sums,
after the commission on its own motion, either with or without noticc,
or upon application of either party with due notice to the other, may
in its discretion, commute the compensation payable under this act to
a lump sum, if it appears that such commutation is necessary for the
protection of the person entitled thereto, or for the best interest of
either party, or that it will avoid undue expense or hardship to either
party, or that the employer has sold or otherwise disposed of the greater
part of his assets, or is about to do so, or that the employer is not a
resident of this State, and the commission may order such compensa
tion paid forthwith or at some future time.

( 6) The amount of the commuted payment shall be determined in
accordance with the following provisions:
( 1) If the accident causes temporary disability, the commission shall
estimate the probable duration thereof and the probable amount of the
temporary disability indemnity payable therefor in accordance with
the provisions of section fifteen hereof and shall fix the lump sum
payment at such amount so determined.
(2) If the accident causes permanent disability or death; the com
mission shall fix the total amount of the permanent disability indemnity
or death benefit payable therefor in accordance with the provisions of
said flection fifteen and shall estimate the present value thereof, assum
ing interest at the rate of six per centum per annum, disregarding the
probability of the beneficiary’s death in all cases except where the
percentage of permanent disability is such as to entitld the beneficiary
to a life pension, and then taking into consideration the probability of
the beneficiary’s death only in estimating the present value of such life
pension.
(c) The commission in its discretion may order the lump-sum pay
ment, determined as hereinbefore provided, paid directly to the injured
employee or to his dependents, or deposited with any savings bank or
trust company authorized to transact business in this State, that will
agrae to accept the same as a deposit bearing interest at not less than
four per cent per annum, or the commission may order the same
deposited with the State Compensation Insurance Fund. Any such
amount so deposited, together with all interest thereon, shall thereafter
be held in trust for the injured employee, or in the event of his death,
for his dependents, who shall have no further recourse against the
employer. Payments from said fund, when so deposited, shall be made
by the trustee only in the same amounts and at the same times as fixed
by the order of the commission and until said fund and interest thereon
shall be exhausted. In the appointment of the trustee preference
shall be given, in the discretion of the commission, to the choice of the
injured employee or his dependents. Upon the making of such pay
ment, the employer shall present to the commission a proper receipt
evidencing the same, executed either by the injured employee or ms
dependents, or by the trustee, and the commission shall thereupon
issue its certificate in proper form evidencing the same, and such cer
tificate, upon filing with the clerk of the superior court in which any
judgment upon an award may have been entered, shall operate as a
satisfaction of said award and shall fully discharge the employer from
any further liability on account thereof.
S ec. 34. (a) Nothing in this act shall affect the organization of any Mutual,etc., inmutual or other insurance company, or any existing contract for in- ^ nce compa"
surance or the right of the employer to insure in mutual or other com
panies, in whole or in part, against liability for the compensation pro
vided for by this act; or, to provide by mutual or other insurance, or by

200

BULLETIN OP THE BUREAU OP LABOR STATISTICS,

arrangement with his employees, or otherwise, for the payment to such
employees, their families, dependents or representatives, of sick, acci
dent, or death benefits, in addition to the compensation provided lor
by this act.
Liabilityn°t to (&) Liability for compensation shall not be reduced or affected by
i>ereduced.
any insurance, contribution, or other benefit whatsoever due to or re
ceived by the person entitled to such compensation, except as other
wise provided by this act, and the person so entitled shall, irrespective
of any insurance or other contract, except as otherwise provided in this
act, have the right to recover such compensation directly from the em
ployer, and in addition thereto, the right to enforce in nis own name,
in the manner provided in this act, either bv making the insurance car
rier a party to the original application or by filing a separate application,
the liability of any insurance carrier, which may, in whole or in part,
have insured against liability for such compensation: Provided, however,
That payment in whole or in part of such compensation by 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 con
tract between them.
Direct liability, (c) Every contract insuring against liability for compensation, or in
surance policy evidencing the same, must contain a clause to the effect
that the insurance carrier shall be directly and primarily liable to the
employee and, in the event of his death, to his dependents, to pay the
compensation, if any, for which the employer is liable; that, as between
the employee and tne insurance carrier, the notice to or knowledge of
the occurrence of the injury on the part of the employer shall be deemed
notice or knowledge, as the case may be, on the part of the insurance
carrier; that jurisdiction of the employer shall, for the purpose of this
act, be jurisdiction of the insurance carrier and that the insurance car
rier shall in all things be bound by and subject to the orders, findings,
decisions or awards rendered against the employer tinder the provi
sions of this act.
E m p l o y e e ’s (d) Such policy must also provide that the employee shall have a
rights.
first lien upon any amount which shall become owing on account of
such policy to th$ employer from the insurance carrier and that in case
of the legal incapacity or inability of the employer to receive the said
amount and pay it over to the employee or his dependents, the said in
surance earner may and shall pay the same directly to the said em
ployee or his dependents, thereby discharging to the extent of such
payment the obligation of the employer to the employee, and such
policy shall not contain any provisions relieving the insurance carrier
from payment when the employer becomes insolvent or is discharged
in bankruptcy, or otherwise, during the period that the policy is in
operation or tne compensation remains owing.
Employer re- (e) 1. If the employer shall be insured against liability for compensa
t e d , when.
tion with any insurance carrier, and if after the happening of any acci
dent such insurance carrier shall serve or cause to be served upon any
person claiming compensation against such employer a notice that it
has assumed and agreed to pay the compensation, if any, for which the
employer is liable, and shall file a copy of such notice with the com
mission, such employer shall thereupon be relieved from liability for
compensation to such claimant and the insurance carrier shall, without
notice, be substituted in place of the employer in any proceeding there
tofore or thereafter instituted by such person to recover such compensa
tion, and the employer shall be dismissed therefrom. Such proceeding
shall not abate on account of such substitution but shall be continued
against such insurance carrier.
2. If at the time of the happening of an accident for which compensa
tion is claimed, or may be claimed, the employer shall be insured
against liability for the full amount of compensation payable, or that
may become payable, the employer may serve or cause to be served
upon any person claiming compensation on account of the happening
of such accident and upon the insurance carrier a notice that the in
surance carrier has, in its policy contract or otherwise, assumed and

APPENDIX— W O RK M E N ’ S COMPENSATION LAWS— CALIFORNIA.

201

agreed to pay the compensation, if any, for which the employer is
liable, andTmay file a copy of such notice with the commission. If it
shall thereafter appear to the satisfaction of the commission that the
insurance carrier has, through the issuance of its contract of insurance
or otherwise, assumed such liability for compensation, such employer
shall thereupon be relieved from liability for compensation to such
claimant and the insurance carrier shall, after notice, be substituted in
place of the employer in any proceeding theretofore or thereafter insti
tuted by such person to recover such compensation, and the employer
shall be dismissed therefrom. Such proceeding shall not abate on ac
count of such substitution, but shall be continued against such insurance
earner.
(f) Where any employer is insured against liability for compensation Insurer s rigllts*
with any insurance carrier and such insurance carrier shall have paid
any compensation for which the employer was liable, or shall have
assumed the liability of the employer therefor, it shall be subrogated
to all the rights and duties of the employer and may enforce any such
rights in its own name.
Sec. 35. (a) If any insurance policy shall be issued covering liability ci^
p
for compensation, which policy shall contain any limitation as to the
compensation payable, such limitation shall be printed in the body of
such policy in boldface type and in addition thereto the words “ limited
compensation policy ” shall be printed on the top of the policy in bold
faced type not less than eighteen point in size.

(6) No insurance carrier shall insure against the liability of the em- d^ x ^ lty *0T
ployer for damages recoverable at law by the injured employee under
the optional provisions contained in section twelve hereof, and any
insurance carrier liable to any such injured employee for compensation
upon the payment of the same shall have the same option given by said
section twelve to such employee and shall be fully subrogated to his
rights, and may enforce such liability for damages against the employer
in its own name, anything in the insurance contract to the contrary
notwithstanding.
Sec. 36. There is hereby created and established a fund to be known fll®fjate insurance
as the “ State Compensation Insurance Fund,” to be administered by
the Industrial Accident Commission of the State, without liability on
the pari of the State beyond the amount of said fund, for the purpose
of insuring employers against liability for compensation under this act
and insuring to employees and other persons the compensation fixed
by this act for employees and their dependents.
„
,, A
Seo. 37. (a) The State Compensation Insurance Fund shall be a Same
revolving fund and shall consist of such specific appropriations as the
legislature may from time to time make or set aside for the use of such
fund, all premiums received and paid into the said fund for compensa
tion insurance issued, all property and securities acquired by and
through the use of moneys belonging to said fund and all interest earned
upon moneys belonging to said fund and deposited or invested, as
herein provided.
(b) Said fund shall be applicable to the payment of losses sustained
on account of insurance and to the payment of the salaries and other
expenses to be charged against said fond in accordance with the pro
visions contained in this act.
(c) Said fund shall, after a reasonable time during which it may es
tablish a business, be fairly competitive with other insurance carriers,
and it is the intent of the legislature that said fund shall ultimately
become neither more nor less than self-supporting.
Sec. 38. (a) The commission is hereby vested with full power,
ofcom‘
authority and jurisdiction over the State Compensation Insurance
Fund and may do and perform any and all things whether herein
specifically designated, or in addition thereto, which are necessary or
convenient in the exercise of any power, authority or jurisdiction over
said fund in the administration thereof, or in connection with the in
surance business to be carried on by it under the provisions of this act,
as fully and completely as the governing body of a private insurance
carrier might or could do.
(b) The commission shall have full power and authority, and it shall
be its duty, to fix and determine the rates to be charged by the State

202

BULLETIN OF THE BUBEAU OF LABOR STATISTICS.

Compensation Insurance Fund for compensation insurance, and to
manage and conduct all business and affairs in relation thereto, all of
which business and affairs shall be conducted in the name of the State
Compensation Insurance Fund, and in that name, without any other
name or title, the commission may—
( 1) Sue and be sued in all the courts of the State in all actions arising
out of any act, deed, matter or thing made, omitted, entered into, done,
or suffered in connection with the state Compensation Insurance Fund,
the administration, management or conduct of the business or affairs
relating thereto.
(2) Make and enter into contracts of insurance as herein provided,
and such other contracts or obligations relating to the State Compen
sation Insurance Fund as are authorized or permitted under the pro
visions of this act.
(3) Invest and reinvest the moneys belonging to said fund as herein
after provided.
(4) Conduct all business and affairs, relating to the State Compensa
tion Insurance Fund, whether herein specifically designated or in ad
dition thereto.
(c) The commission may delegate to the manager of the State Com
pensation Insurance Fund, or to any other officer, under such rules
and regulations and subject to such conditions as it may from time to
time prescribe, any of the powers, functions or duties, conferred or
imposed on the commission under the provisions of this act in connec
tion with the State Compensation Insurance Fund, the administra
tion, management and conduct of the business and affairs relating
thereto, ana the officer or officers to whom such delegation is made
may exercise the powers and functions and perform the duties dele
gated with the same force and effect as the commission, but subject to
its approval.
(d) The commission shall not, nor shall any commissioner, officer or
employee thereof, be personally liable in his private capacity for or on
account of any act performed or contract or other obligation entered
. into or undertaken in an official capacity, in good faith and without
intent to defraud, in connection with the administration^ management
or conduct of the State Compensation Insurance Fund, its business or
other affairs relating thereto.
Powers of man- S ec. 39. In conducting the business and affairs of the State Comagw*
pensation Insurance Fund, the manager of the said fund or other officer
to whom such power and authority may be delegated by the commis
sion, as provided by subsection (c) of section thirty-eight hereof, shall
have full power and authority:
(1) To enter into contracts of insurance, insuring employers against
liability for compensation and insuring to employees and other persons
the compensation fixed by this act.
(2) To sell annuities covering compensation benefits.
(3) To decline to insure any risk in which the minimum require
ments of the commission with regard to construction, equipment and
operation are not observed, or which is beyond the safe carrying of the
State Compensation Insurance Fund, but shall not have power or
authority, except as otherwise provided in this subdivision, to refuse
to insure any compensation risk tendered with the premium therefor.
(4) To reinsure any risk or any part thereof.
(5) To inspect and audit, or cause to be inspected and audited the
pay rolls of employers applying for insurance against liability for com
pensation.
(6) To make rules and regulations for the«settlement of claims against
said fund and to determine to whom and through whom the payments
of compensation are to be made.
(7) To contract with physicians, surgeons, and hospitals for medical
and surgical treatment and the care and nursing oi injured persons
entitled to benefits from said fund.
Rates.
S ec. 40. (a) It shall be the duty of the commission to fix and deter
mine the rates to be charged by the State Compensation Insurance
Fund for compensation insurance coverage as herein provided, and
such rates shall be fixed with due regard to the physical hazards of
each industry, occupation or employment and, within each class, so

APPENDIX— W O R K M E N 'S COMPENSATION LAWS— CALIFORNIA.

203

for as practicable, in accordance with the elements of bodily risk or
safety or other hazard of the plant or premises or work of each insured
and the manner in which the same is conducted, togetherwith a reason
able regard for the accident experience and history of each such insured,
and the means and methods of caring for injured persons, but such rates
shall take no account of the extent to whicn the employees in any par
ticular establishment have or have not persons dependent upon them
for support.
(b) The rates so made shall be that percentage of the pay roll of any
employer which, in the long run and on the average, shall produce a
sufficient sum, when invested at three and one-half per cent interest:
(1) To carry all claims to maturity; that is to say the rates shall be
based upon the “ reserve” and not upon the “ assessment” plan;
(2) To meet the reasonable expenses of conducting the business of
such insurance;
(3) To produce a reasonable surplus to cover the catastrophe hazard.
S ec. 41. The insurance contracts entered into between the State Contracts.
Compensation Insurance Fund and persons insuring therewith may be
either limited or unlimited and issued for one year or, in the form of
stamps or tickets or otherwise, for one month or any number of months
less tnan one year, or for one day or any number of days less than one
month, or during the performance of any particular work, job or con
tract: Provided, That the rates chafed shall be proportionately greater
for. a shorter than for a longer period and that a minimum premium
charge shall be fixed in accordance with a reasonable rate for insuring
one person for one day. Nothing in this act shall be construed to pre
vent any person applying for compensation insurance from being
covered temporarily until the application is finally acted upon, or to
prevent the insured from surrendering any policy at any time ana hav
ing returned to him the difference between the premium paid and the
premium at the customary short term for the shorter period which such
policy has already run. The State Compensation Insurance Fund
may at any time cancel any policy, after due notice, upon a pro rata
basis of premium repayment.
S ec. 42. The State Compensation Insurance Fund may issue Who may be topolicies, including with their employees, employers who perform labor sured*
incidental to their occupations, and including also members of the
families of such employers engaged in the same occupation, such poli
cies insuring to such employers and working members of their families
the same compensations provided for their employees, and at the same
rates: Provided, That the estimations of their wage values, respec
tively, shall be reasonable and separately stated in and added to the
valuation of their pay rolls upon which their premium is computed.
Such policies may likewise be sold to self-employing persons and to
casual employees, who, for the purpose of such insurance, shall be
deemed to be employees within the meaning of sections twelve to
thirty-five, inclusive, of this act.
S ec. 43. The treasurer of the State shall be custodian of all moneys Custodian of
and securities belonging to the State Compensation Insurance Fund,
except as otherwise provided in this act, and shall be liable on his
official bond for the safe-keeping thereof. All moneys belonging to
said fund collected or received by the commission, or the manager of
the State Compensation Insurance Fund, under and by virtue of the
provisions of this act, shall be delivered to the treasurer of the State
or may be deposited to his credit in such bank or banks throughout the
State as he may, from time to time, designate, and such moneys when
so delivered or deposited shall be credited by the treasurer to the said
fund and no moneys received or collected on account of such fund shall
be expended or paid out of such fund without first passing into the
State treasury and being drawn therefrom as provided in this act. In
like manner there shall be delivered to the treasurer all securities be
longing to said fund which shall be held by him until otherwise dis
posed of as provided in this act.
S ec. 44. (a) The commission shall submit each month to the State Monthly estiboard of control an estimate of the amount necessary to meet the current disbursements from the State Compensation Insurance Fund dur
ing each succeeding calendar month and, when such estimate shall be

204

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

approved by the State board of control, the controller is directed to
draw his warrant on said fund in favor of said commission for such
amount, and the treasurer is authorized and directed to pay the same.
(b) At the end of each calendar month the commission shall account
to the State board of control and the State controller for all moneys so
received, furnishing proper vouchers therefor.
(c) During the months of January and of July of each year the State
board of control or the commission shall cause a valuation to be made
of the properties and securities which have been acquired and which
are held for said fund, and shall report the results of the same to the
State controller, whose duty it shall oe to keep a special ledger account
showing all of the assets pertaining to the State Compensation Insur
ance Fund. In the controller’s general ledger this fund account may
be carried merely as a cash account, like other accounts of funds in
the State treasury, and therein only the actual cash coming into the
State Compensation Insurance Fund shall be credited to such fund.
investments.
S ec. 45. (a) The commission shall cause all moneys in the State
Compensation Insurance Fund, in excess of current requirements, to
be invested and reinvested, from time to time, in the securities now
or hereafter authorized by law for the investment of funds of savings
banks.
(b) The commission shall, from time to time, submit to the State
board of control an estimate of the amount required by it for invest
ment, which estimate shall be accompanied by a full description of
the kind and character of the investments to be made and, when such
estimate shall be approved by the State board of control, the controller
is directed to draw nis warrant on the State Compensation Insurance
Fund in favor of the commission for such amount and the treasurer is
authorized and directed to pay the same.
(c) At the end of each calendar month the commission shall account
to the said board of control and the State controller for all moneys so
received, furnishing proper vouchers therefor.
(d) All moneys in said fund, in excess of current requirements and
not otherwise invested, may be deposited by the State treasurer from
time to time in the banks authorized by law to receive deposits of
public moneys under the same rules and regulations that govern the
deposit of other public funds and the interest accruing thereon shall
be credited to the State Compensation Insurance Fund.
Municipalities, S ec. 46. Each county, city and county, city, school district, or other
etc*
public corporation within the State, may insure against its liability
for compensation, with the State Compensation Insurance Fund ana
not with any other insurance carrier unless such fund shall refuse to
accent the risk when the application for insurance is made, and the
premium therefor shall be a proper charge against the general fund of
each such political subdivision of the State.
Schedules of S ec. 47. when the premium rates for insurance in the State ComSshed*0
pensation Insurance Fund shall have been established the commis
sion shall furnish schedule of rates and copies of the forms of policy
to the commissioner of labor, to the clerk and to the treasurer of every
county, city and county, and city in the State, and it shall be the
duty of every public officer to whom the forgoing may be furnished
to nil out ana transmit to the manager of the State Compensation
Insurance Fund applications for compensation insurance in such fund
and to receive ana transmit to said manager all premiums paid on
account of any policy issued or applied for.
Reports.
S ec. 48. The commission shall each quarter make to the governor of
the State, reports of the business done by the State Compensation In
surance Fund during the previous quarter, and a statement of the fund’s
resources and liabilities, and it shall be the duty of the State board of
control to audit such reports and to cause an abstract thereof to be pub
lished one or more times in at least two newspapers of general circula
tion in the State. The commission shall likewise make to the State
insurance commissioner all reports required by law to be made by other
insurance carriers.
Misrepresenting Sec. 49. Any employer who shall willfully misrepresent Hie amount
pay roils.
0f
p ay ron upon which his premium under this act is to be based

shall be liable to the State in ten times the amount of the difference

APPENDIX— W O RK M E N 'S COMPENSATION LAWS— CALIFORNIA.

205

in premium paid and the amount the employer should have paid had
his pay roll been correctly computed, and the liability to the State
under this section shall be enforced in a civil action in the name of the
State Compensation Insurance Fund and any amount so collected shall
become a part of said fund.
Sec. 50. Any person who willfully misrepresents any fact in order to Misrepresenobtain insurance at less than the proper rate for such insurance, or in tetions*
order to obtain any payments out o f such fund, shall be guilty of a
misdemeanor.
Sec. 51. The following terms, as used in sections fifty-one to seventy- Definitions,
two, inclusive, of this act, shall, unless a different meaning is plainly
required by the context, be construed as follows:
(1) The phrase “ place of employment ” shall mean and include every
place, whether indoors or out or underground, or elsewhere, and the
premises appurtenant thereto, where, either temporarily or perma
nently, any industry^trade, work or business is carried on, or where
any process or operation directly or indirectly related to any industry,
trade, work or business, is carried on, and where any person is directly
or indirectly employed by another for direct or indirect gain or profit,
but shall not include any place where persons are employed solely in
farm, dairy, agricultural, viticultural, or horticultural labor, in stock
or poultry raising or in household domestic service.
(2) The term “ employment ” shall mean and include any trade,
work, business, occupation, or process of manufacture, or any method
of carrying on such trade, work, business, occupation, or process of
manfacture in which any person may be engaged, except where persons
are employed solely in farm, dairy, agricultural, viticutural, or horti
cultural labor, in poultry or stock raising or in household domestic
service.
(3) The term “ employer” shall mean and include every person,
firm, voluntary association, corporation, officer, agent, manager, rep
resentative or other person having control or custody of any employ
ment, place of employment or of any employee.
(4) The term “ employee ” shall mean and include every person who
may be required or directed by any employer, in consideration of direct
or indirect gain or profit, to engage in any employment, or to go to work
or be at any time m any place of employment
(5) The term “ order ” shall mean and include any decision, rule,
regulation, direction, requirement or standard of the commission or
any other determination arrived at or decision made by such commis
sion under the safety provisions of this act.
(6) The term “ general order” shall mean and include such order
made, under the safety provisions of this act, as applies generally
throughout the State to all persons, employments or places of employ
ment, or all persons, employments or places of employment of a class
under the jurisdiction of the commission. All other orders of the com
mission shall be considered special orders.
(7) The term “ local order” shall mean and include any ordinance,
order, rule, or determination of any board of supervisors, city council,
board of trustees or other governing body of any county, city ana
county, city or of any school district or other public corporation, or
an order or direction of any other public official or board or depart
ment upon any matter over which me industrial accident commission
has jurisdiction.
(8) The terms “ safe” and “ safety” as applied to an employment or
a place of employment shall mean such freedom from danger to the
life or safety of employees as the nature of the employment will reason
ably permit
(9) The terms “ safety device” and “ safeguard” shall be given a
broad interpretation so as to include any practicable method of miti
gating or preventing a specific danger.

Sec. 52. Every employer shall furnish employment which shall be Duties of cansafe for the employees therein and shall furnish a place of employment Ploy©rastosafoty.
which shall be safe for employees therein, and snail furnish and use
such safety devices and safeguards, and shall adopt and use such prac
tices, means, methods, operations and processes as are reasonably ade
quate to render such employment and place of employment safe, and

206

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

shall do every other thing reasonably necessary to protect the life and
safety of such employeea
Same subject.
S ec. 53. No employer shall require, permit or suffer any employee
to go or be in any employment or place of employment which is not
safe, and no such employer shall fail to furnish, provide and use safety
devices and safeguards or fail to adopt and use methods and processes
reasonably adequate to render such employment and place o f employ*
ment safe, and no such employer shall mil or neglect to do every other
thing reasonably necessary to protect the life and safety of such
employees, and no such employer shall occupy or maintain any place
of employment that is not safe.
Construction.
S ec. 54. No employer, owner or lessee of any real property in this
State shall construct or cause to be constructed any place of employ
ment that is not safe.
Rem oving
gBc. 55. No employee shall remove, displace, damage, destroy or
guar s*
carry off any safety device or safeguard furnished and provided for use
in any employment or place of employment, or interfere in any way
with the use thereof by any other person, or interfere with the use of
any method or process adopted for the protection of any employee in
such employment, or place of employment, or fail or neglect to do every
other thing reasonably necessary to protect the life and safety of such
employees.
miaSJST of com“ Sec. 56. The commission is vested with full power and jurisdiction
*
over, and shall have such supervision of, every employment and place
of employment in this State as may be necessary adequately to enforce
and administer all laws and all lawful orders requiring such employ
ment and place of employment*to be safe, and requiring the protection
of the life and safety of every employee in such employment or place of
employment.
Fixing stand* S ec. 57. The commission shall have power, after a hearing had upon
ards.
its own motion or upon complaint, by general or special orders, rules or
regulations, or otherwise—
(1) To declare and prescribe what safety devices, safeguards or other
means or methods of protection are well adapted to render the employees
of every employment and place of employment safe as requiredoy law
or lawful order.
(2) To fix such reasonable standards and to prescribe, modify and
eniorce such reasonable orders for the adoption, installation, use, main
tenance and operation of safety devices, safeguards and other means or
methods of protection, to be as nearly uniform as possible, as may be
necessary to carry out all laws and lawful orders relative to the protec
tion of the life and safety of employees in employments and places of
employment.
(3) To fix and order such reasonable standards for the construction,
repair and maintenance of places of employment as shall render them
(4) To require the performance of any other act which the protection
of tlie life and safety of employees in employments and places of

Hearings.

Orders.

(5) To declare and prescribe the general form of industrial accidents
reports, the accidents to be reported and the information to be furnished
in connection therewith, and the time within which such reports shall
be filed. Nothing in this act contained shall be construed to prevent
the commission from requiring supplemental accident reports.
Sec. 58. Upon the fixing of a time and place for the homing of a hear
ing for the purpose of considering and issuing a general safety order or
orders as authorized by section fifty-seven hereof, the commission shall
cause a notice of such hearing to be published in one or more daily
newspapers of general circulation published and circulated in the city
and county of San Francisco, and also in one or more daily newspapers
of general circulation published and circulated in the county of Los
Angeles, such newspapers to be designated by the commission for that
purpose. No defect or inaccuracy in such notice or in the publication
thereof shall invalidate any general order issued by the commission
after hearing had.
Sec. 59. Whenever the commission, after a hearing had upon its own
motion or upon complaint, shall find that any employment or place of

APPENDIX— W O R K M E N ’ S COMPENSATION LAWS— CALIFORNIA.

207

employment is not safe or that the practices or means or methods or
operations or processes employed or used in connection therewith are
unsafe, or do not afford adequate protection to the life and safety of
employees in such employments and places of employment, the com
mission shall make ana enter and serve such order relative thereto as
may be necessary to render such employment or jplace of employment
safe and protect the life and safety 01 employees in such employments
and places of employment and may in said order direct that such addiand saf^ m ’ds Ibe furnished, provided and used, as are reasonably
required to render such employment or place of employment safe, in
the manner and within the time specified in said order.

Sec. 60. The commission may, upon application of any employer, or Time for com
other person affected thereby, grant such time as may reasonably be p ce*
necessary for compliance with any order, and any person affected by
such order may petition the commission for an extension of time, whicn
the commission shall grant if it finds such an extension of time neces
sary.

S e c. 61. Whenever the commission shall learn or have reason to Investigations,
believe that any employment or place of employment is not safe or is
injurious to lie welfare of any employee it may, of its own motion, or
upon complaint, summarily investigate the same, with or without
notice or heatings, and after a hearing upon such notice as it may pre
scribe, the commission may enter and serve such order as may be
necessary relative thereto, anything in this act to the contrary notwith
standing.
S ec. 62. Every employer, employee and other person shall obey Compliance,
and comply with each and every requirement of every order, decision,
direction, rule or regulation made or prescribed by the commission in
connection with the matteis herein specified, or in any way relating to
or affecting safety of employments or places of employment, or to
protect the life and safety of employees in such employments or places
of employment; and shall do everything necessary or proper in order
to secure compliance with and observance of every such order, decision,
direction, rule or regulation.
S ec. 63. The orders of the commission, general or special, its rules or B e v i e w by
regulations, findings and decisions, made and entered under the safety coartsprovisions of this act, may be reviewed by the courts specified in sec
tions eighty-four and eighty-five of this act and within the time and in
the manner therein specified and not otherwise.
S ec. 64. Nothing contained in this act shall be construed to deprive Municipal emthe board of supervisors of any county, or city and county, the board pIoyeos*
of trustees of any city, or any other public corporation or board or
department, of any power orjurisdiction over or relative to any place
of employment. Provided, That whenever the commission sliall, by
order, fix a standard of safety for employments or places of employment,
such order shall, upon the filing by the commission of a copy thereof
with the clerk of the county, city and county, or city to which it may
apply, establish a minimum requirement concerning the matters cov
ered by such order and shall be construed in connection with any local
order relative to the same matter and to amend or modify any require
ment in such local order not up to the standard of the order ol the com
mission.
S ec. 65. The.commission shall have further power and authority—
(1) To establish and maintain museums of safety and hygiene in Museums, etc.
which shall be exhibited safety devices, safeguards and other means
and methods for the protection of the life and safety of employees, and
to publish and distribute bulletins on any phase of this general subject.
(2) To cause lectures to be delivered, illustrated by stereopticon or Lectures,
other views, diagrams or pictures, for the information of employers and

their employees and the general public in regard to the causes and pre
vention of industrial accidents, occupational diseases and related
subjects.

(3) To appoint advisers, who shall, without compensation assist the Advisers,
commission m establishing standards of safety and the commission may
adopt and incorporate in its general orders such safety recommendations
as it may receive from such advisers.

208

BULLETIN OF THE BUBEAU OF LABOB STATISTICS.

S ec. 66. Every order of the commission, general or special, its rules
and regulations, findings and decisions, made and entered under the
safety provisions of this act shall be admissible as evidence in any prose
cution for the violation of any of the said provisions and shall, in every
such prosecution, be conclusively presumed to be reasonable and lawful
and to fix a reasonable and proper standard and requirement of safety,
unless, prior to the institution of the prosecution for such violation or
violations, proceedings for a rehearing thereon or a review thereof shall
have been instituted as provided in sections eighty-one to eighty-five,
inclusive, of this act and not then finally determined.
Violations.
S ec. 67. Every employer, employee or other person who, either
individually or acting as an officer, agent or employee of a corporation
or other person, violates any safety provision contained in sections
fifty-two, fifty-three, fifty-four or fifty-five of this act, or any part of
any such provision, or who shall fail or refuse to comply with any such
provision or any part thereof, or who, directly or indirectly, knowingly
induces another so to do is guilty of a misdemeanor. In any prosecu
tion under this section it shall be deemed prima facie evidence of a
violation of any such safety provision, that the accused has failed or
refused to comply with any order, rule, regulation or requirement of the
commission relative thereto and the burden of proof shall thereupon
rest upon the accused to show that he has complied with such safety
provision.
Same subject.
Sec. 68. Every violation of the provisions contained in sections
fifty-two, fifty-three, fifty-four, or fifty-five, of this act, or any part or
portion thereof, by any person or corporation is a separate and distinct
offense, and, in the case of a continuing violation thereof, each day’s
continuance thereof shall constitute a separate and distinct offense.
Disposition of S ec. 69. All fines imposed and collected under prosecutions for vio
fines.
lations of the provisions of sections fifty-one to seventy-two inclusive
of this act, shall be paid into the State treasury to the credit of the
“ accident prevention fund,” which fund is hereby created.
Disclosing in S ec. 70. It shall be unlawful for any member of the commission, or
formation.
for any officer or employee of the commission, to divulge to any person
not connected with the administration of this act any confidential
information obtained from any person, concerning the failure of any
other person to keep any place of employment safe, or concerning the
violation of any order, rule or regulation issued by the commission.
Any member of the commission or any officer or employee of the com
mission divulging such confidential information shall be guilty of a
misdemeanor.
Accidents to be Sec. 71. (a) Every employer of labor, and every insurance carrier, is
reported.
hereby required to file with the commission, under such rules and regu
lations as the commission may from time to time make, a full and com
plete report of every accident to an employee arising out of or in the
course of his employment and resulting in loss of life or injury to such
person. Such reports shall be furnished to the commission in such form
and such detail as the commission shall from time to time prescribe,
and shall make specific answers to all questions required by the com
mission under its rules and regulations. Any such employer or in
surance carrier who shall furnish such report shall be exempt from
furnishing any similar report or reports authorized or required under
the laws of this State.
(b) Every employer or insurance carrier receiving from the commis
sion any blanks with directions to fill out the same shall cause the same
to be properly filled out so as to answer fully and correctly each ques
tion propounded therein; in case he is unable to answer any such ques
tions a good and sufficient reason shall be given for such failure.
(c) No information furnished to the commission by an employer or
an insurance carrier shall be open to public inspection or made public
except on order of the commission, or by the commission or a com
missioner in the course of a hearing or proceeding. Any officer or em
ployee of the commission who, in violation of the provisions of this sub
section, divulges any information shall be guilty of a misdemeanor.
Investigations.
Sec. 72. (a) The commission shall investigate the cause of all in
dustrial accidents occurring within the State in any employment or
place of employment, or directly or indirectly arising from or conOrders as evi-

dence.

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209

nected with the maintenance or operation of such employment or
place of employment, resulting in personal injury or death and requir
ing, in the judgment of the commission, such investigation; and the
commission shall have the power to make such orders or recommenda
tions with respect to such accidents as may be just and reasonable, pro
vided that neither the order nor the recommendation of the commis
sion, nor any accident report filed with the commission, shall be ad
mitted as evidence in any action for damages or any proceeding to
recover compensation, based on or arising out of such injury or death.
' ( 6) For the purpose of making any investigation which the commis
sion is authorized to make under the provisions of this section, or for the
purpose of collecting statistics or examining the provisions made for the
safety of employees, any member of the commission, inspector or other
person designated by the commission for that purpose, may enter any
place of employment.
(c) Any employer, insurance carrier or any other person who shall
violate or omit to comply with any of the provisions of this section, or
who shall in any way obstruct or hamper the commission, any com
missioner or other person conducting any investigation authorized to be
undertaken or made by the commission, shall be guilty of a misde
meanor.
Seo. 73. (a) All proceedings for the recovery of compensation, or Proceedings,
concerning any right or liability arising out of or incidental thereto, or
for the enforcement against the employer or an insurance carrier of any
liability for compensation imposed upon him by this act in favor of the
injured employee, his dependents or any third person, or for the de
termination of any question as to the distribution or compensation
among dependents or other persons or for the determination of any
question as to who are dependents of any deceased employee, or what
persons are entitled to any benefit under the compensation provisions
of this act, or for obtaining any order which by this act the commis
sion is authorized to make, shall be instituted before the commission,
and not elsewhere, except as otherwise in this act provided, and the
commission is hereby vested with full power, authority and jurisdic
tion to try and finally determine all such matters, subject only to the
review by the courts in this act specified and in the manner and
within the time in this act provided.
(b) All orders, rules, and regulations, findings, decisions and awards Presumptions
of the commission in conformity with law shall be in force and shall be 8310or rs*
rima facie lawful; and all such orders, rules and regulations, findings,
ecisions and awards shall be conclusively presumed to be reasonable
and lawful, until and unless they are modified or set aside by the com
mission or upon a review by the courts in this act specified and within
the time and in the manner herein specified.
S eo. 74. (a) Any notice, order or decision required by this act to be Service,
served upon any person or party either before, during or after the insti
tution o f any proceeding before the commission, may be served in the
manner provided by Chapter Y, Title XIV of Part II of the Code of
Civil Procedure of this State, unless otherwise directed by the com
mission or a member thereof, in which event the same shall be served in
accordance with the order or direction of said commission or member
thereof.
(6) The secretary, assistant secretary and the inspectors appointed
by the commission shall have all of the powers conferred by law upon
peace officers to carry weapons, make arrests and serve warrants and
other process in any county or city and county of this State.
(c) Any such notice, order or decision affecting the State or any city
and county, city, school district or public corporation therein, shall be
served upon the same officer, officers, person or persons, upon whom the
service of similar notices, orders or decisions is authorized by law.
Seo. 75. The commission shall have full power and authority:
Power as to
(1} To adopt reasonable and proper rules of practice and procedure* ^soiproceuure,
(2) To regulate and provide the manner, ana by whom, minors ana
incompetent persons shall appear and be represented before it;
(3) To appoint a trustee or guardian ad litem to appear for and rep
resent any such minor or incompetent upon such terms and conditions
as it may deem proper; and sucn guardian or trustee must give a bond
30597°—Bull. 126—14----- 14

210

Referees.

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

in the same form and of the same character required by law from a
guardian appointed by the courts and in such an amount as the com*
mission or a commissioner may fix and determine, such bond to be ap
proved by the commission or a commissioner, and such guardian or
trustee shall not be discharged from liability until he shall have filed
an account with the commission or with the probate court and such
account shall have been approved. The trustee or guardian shall be
entitled to receive such compensation for his services as shall be fixed
and allowed by the commission or by the probate court;
(4) To provide for the joinder in the same proceeding of all persons
interested therein, whether as employer, insurance carrier, employee,
dependent, creditor or otherwise;
(5) To regulate and prescribe the kind and character of notices,
where not otherwise prescribed by this act, and the service thereof;
(6) To regulate and prescribe the nature and extent of the proofs and
evidence.
Sec. 76. (<*) The commission may by order entered upon its min
utes, upon the agreement of the parties, upon the application of either,
or of its own motion, and either with or without notice, direct and order
a reference in the following cases:
To try any or all of the issues in any proceeding before it, whether
it or ol law, and to report a finding, order, decision or award to be
based thereon.

(2) To ascertain a fact necessary to enable the commission to deter
mine any proceeding before it or to make any order, decision or award
that the commission is authorized to make under this act, or that is nec
essary for the information of the commission.

Hearings.

(b) The commission may appoint one or more referees in any pro
ceeding, as it may deem necessary or advisable, and may refer separate
matters arising out of the same proceeding to different referees. It may
also, in its discretion, appoint general referees who are residents of the
county or city and county for which they are appointed and who shall
hold office during the pleasure of the commission. Any referee ap
pointed by the commission shall have such powers, jurisdiction and
authority as is granted under the law, by the order of appointment and
ty the rules of the commission and shall receive such salary or compen
sation for his services as may be fixed by the commission.
(c) Any party to the proceeding may object to the appointment of
any person as referee upon any one or more of the grounds specified in
section 641 of the Code of Civil Procedure and such objection must be
heard and disposed of by the commission. Affidavits may be read
and witnesses examined as to such objections.
(d) Before entering upon his duties, the referee must be sworn before
an officer authorized to administer oaths, faithfully and fairly to hear
and determine the allegations and evidence of the parties in relation to
the matters in the reference, and to make just findings and report ac
cording to his understanding.
(e) The referee must report his findings in writing to the commission
within twenty days after the testimony is closed. Such report shall be
made in the form prescribed by the commission and shall include all
matters required to be included in the order of reference or by the rules
of the commission. The facts found and conclusions of law must be
separately stated.
( / ) Upon the filing of the report of the referee, the commission may
confirm, adopt, modify or set aside the same or any part thereof and
may, either with or without further proceedings, ana either with or
without notice, enter its order, findings, decision or award based in
whole or in part upon the report of the referee.
Seo. 77. (a) All hearings and investigations before the commission
or any member thereof, or any referee appointed thereby, shall be gov
erned by this act and by the rules of practice and procedure adopted
by the commission, and in the conduct thereof neither the commission
nor any member thereof nor any referee appointed thereby shall be
bound by the technical rules of evidence. No informality in any pro
ceeding or in the manner of taking testimony shall invalidate any order,
decision, award, rule or regulation made, approved or confirmed by the
commission.

APPENDIX— W O R K M E N 'S COMPENSATION LAWS— CALIFORNIA,

211

(6) The commission or any member thereof or any party to the ac
tion or proceeding may, in any investigation or hearing before the com
mission, cause the deposition of witnesses residing within or without
the State to be taken in the manner prescribed by law for like deposi
tions in civil actions in the superior courts of this State, and to that end
may compel the attendance of witnesses and the production of books,
documents, papers and accounts.
S eo. 78. The commission and each member thereof, its secretary Power to adand referees, shall have power to administer oaths, certify to all official
’
acts, and to issue subpoenas for the attendance of witnesses and the
production of papers, oooks, accounts, documents and testimony in
any inquiry, investigation, hearing or proceeding in any part of the
State. Each witness who shall appear, by order of the commission or
a member thereof, or a referee appointed thereby, shall be entitled to
receive, if demanded, for his attendance the same fees and mileage
allowed by law to a witness in civil cases, which amount shall be paid
by the party at whose request such witness is subpoenaed, unless other
wise ordered by the commission. When any witness who has not been
required to attend at the request of any party is subpoenaed by the
commission his fees and mileage may be paid from the funds appro
priated for the use of the commission in the same manner as other ex
penses of the commission are paid. Any witness subpoenaed, except
one whose fees and mileage may be paid from the funds of the commis
sion, may, at the time of service, demand the fee to which he is entitled
for travel to and from the place at which he is required to appear, and
one day’s attendance. If such witness demands such fees at the time
of service, and they are not at that time paid or tendered, he shall not
be required to attend before the commission, member thereof, or referee
as directed in the subpoena. All fees or mileage to which any witness is
entitled under the provisions of this section may be collected by action
therefor instituted b y the person to whom such fees are payable.
Seo. 79. The superior court in and for the county, or city and county. Procuring testiin which any inquiry, investigation, hearing orproceeding may be held mony*
by the commission or any member thereof or reieree appointed thereby,
shall have the power to compel the attendance of witnesses, the giving
of testimony and the production of papers, including books, accounts
and documents, as required by any subpoena issued by the commission
or member thereof or referee. The commission or the member thereof
or the referee, before whom the testimony is to be given or produced,
in case of the refusal of any witness to attend or testify or produce any
papers required by such subpoena, may report to the superior court in
ana for the county, or city ana county, in which the proceeding is pend
ing, by petition, setting forth that due notice has been given o f the time
and place of attendance of said witness, or the production of said papers,
and that the witness has been subpoenaed in the manner prescribed in
this act, and that the witness has failed and refused to attend or pro
duce the papers required by the subpoena, or has refused to answer
questions propounded to him in the course of such proceeding, and
ask an order or said court, compelling the witness to attend and testify
or produce said papers before the commission. The court, upon the
petition of the commission or such member thereof or reieree, shall
enter an order directing the witness to appear before the court at a time
and place to be fixed by the court in such order, the time to be not
more than ten days from the date of the order, and then and there show
cause why he had not attended and testified or produced said papers
before the commission, member thereof or referee. A copy of said
order shall be served upon said witness. If it shall appear to the court
that said subpoena was regularly issued by the commission or member
thereof or reieree, the court shall thereupon enter an order that said
witness appear before the commission or member thereof or referee at
a time ana place to be fixed in such order, and testify or produce the
required papers, and upon failure to obey said order, said witness shall
be dealt with as for contempt of court. The remedy provided in this
section is cumulative, and shall not be construed to impair or interfere
with the power of the commission or a member thereof to enforce the
attendance of witnesses and the production of papers, and to punish
for contempt in the same manner and to the same extent as courts of
record.

212

BULLETIN OF THE BUREAU OF LABOB STATISTICS,
S ec. 80. (a) The commission is hereby vested with full power,
authority and jurisdiction to do and perform any and all things,
whether herein specifically designated, or in addition thereto, which
are necessary or convenient in the exercise of any power, authority or
jurisdiction conferred upon it under this act.
(b) The commission and each member thereof shall have power to
issue writs of summons, warrants of attachment, warrants of commit
ment and all necessary process in proceedings for contempt, in like
manner and to the same extent as courts of record. The process issued
by the commission or any member thereof shall extend to all parts of
the State and may be served by any persons authorized to serve process
of courts of record, or by any person designated for that purpose by the
commission or any member thereof. The person executing any such
process shall receive such compensation as may be allowed by the com
mission, not to exceed the fees now prescribed by law for similar serv
ices, and such fees shall be paid in the same manner as provided herein
for the fees of the witnesses.
S ec. 81. (a) Any party or person aggrieved directly or indirectly by
any final order, decision, award, rule or regulation of the commission,
made or entered under any provision contained in this act, may apply
to the commission for a rehearing in respect to any matters determined
or covered by such final order, decision, award, riile or regulation and
specified in the application for rehearing within the time and in the
manner hereinafter specified, and not otherwise.
(b) No cause of action arising out of any such final order, decision or
award shall accrue in any court to any person until and unless such
person shall have made application for such rehearing, and such appli
cation shall have been granted or denied: Provided, That nothing herein
contained shall be construed to prevent the enforcement of any such
final order, decision, award, rule or regulation in the manner provided
in this act.
(c) Such application shall set forth specifically and in full detail the
grounds upon which the applicant considers said final order, decision,
award, rule or regulation is unjust or unlawful, and every issue to be
considered by the commission. Such application must be verified
upon oath in the same manner as required for verified pleadings in the
courts of record and must contain a general statement of any evidence
or other matters upon which the applicant relies in support thereof.
The applicant for such rehearing shall be deemed to have finally waived
all objections, irregularities ana illegalities concerning the matter upon
which such rehearing is sought other than those set forth in the appli
cation for such rehearing.
(d) A copy of such application for rehearing shall be served forthwith
on all adverse parties, if any, and any such adverse party may file an
answer thereto within ten days thereafter. Such answer must likewise
be verified. If there are no adverse parties, such application may be
heard ex parte or the commission may require the application for rehear
ing to be served on such parties as may be designated by it.
(e) Upon filing of an application for a rehearing, if the issues raised
thereby have theretofore been adequately considered by the commis
sion, it may determine the same by confirming without hearing its pre
vious determination, or if a rehearing is necessary to determine the
issues raised, the commission shall order a rehearing thereon and con
sider and determine the matter or matters raised by such application
Notice of the time and place of such rehearing shall be given to the
applicant and the adverse parties, if any, and to such other persons as
tne commission may order.
(/) If after such rehearingand a consideration of all the facts, including
those arising since the making of the order, decision or award involved,
the commission shall be of the opinion that the original order, decision
or award or any part thereof, is in any respect unjust or unwarranted, or
should be changed, the commission may abrogate, changei or modify the
same. An order, decision or award made after such rehearing, abrogat
ing, changing or modifying the original order, decision or award snail
have the same force and effect as an original order, decision or award,
but shall not affect any right or the enforcement of any right arising
from or by virtue of tne original order, decision or award, unless so

General powers.

Rehearings.

APPENDIX— W O RK M E N ’ S COMPENSATION LAWS— CALIFORNIA.

213

ordered by the commission. An application for a rehearing shall be
deemed to have been denied by the commission unless it shall have
been acted upon within thirty days from the date of filing: Provided,
however, That the commission may upon good cause being shown there
for, extend the time within whicn it may act upon such application for
rehearing for not exceeding thirty days.
Sec. 82. (a) At any time within twenty days after the service of any Grounds for re
final order or decision of the commission awarding or denying compen- earing‘
sation, or arising out of or incidental thereto, any party or parties
aggrieved thereby may apply for such rehearing upon one or more of
the following grounds and upon no other grounds:
(1) That the commission acted without or in excess of its powers.
(2) That the order, decision or award was procured by fraud.
f3) That the evidence does not justify the finding of fact.
(4) That the applicant has discovered new evidence, material to him,
and which he could not, with reasonable diligence have discovered ana
produced at the hearing.
(5) That the findings of fact do not support the order, decision or
award.
(b) Nothing contained in this section shall, however, be construed to
limit the right of the commission, at any time within two hundred fortyfive weeks from the date of its award, and from time to time, after due
notice and upon the application of any party interested, to review,
diminish or increase, witnin the limits provided by this act, any com
pensation awarded upon the grounds that the disability of the person
m whose favor such award was made has either increased or diminished
or terminated.
Sec. 83. (a) At any time within twenty days after the service of any Samesubject,
other final order, decision, rule or regulation made by the commission
under the provisions of this act, any party or parties, person or persons
aggrieved thereby or otherwise affected, directly or indirectly, may
apply for such renearing upon one or more of the following grounds and
upon no other grounds:

(1) That the commission acted without or in excess of its powers.
(2) That the order or decision was procured by fraud.
(3) That the order, decision, rule or regulation is unreasonable.
(b) Nothing contained in this section shall be construed to limit the
right of the commission, at any time and from time to time, to adopt
new or different rules or regulations or new or different standards of
safety, or to abrogate, change or modify any existing rule, regulation,
or standard, or any part thereof, or to deprive the commission of con
tinuing jurisdiction over the same or to prevent the enforcement in
the manner provided by this act, of any rules, regulations or standard
of the commission, or any part thereof, when so adopted, or changed,
or modified.
Sec. 84. (a) Within thirty days after the application for a rehearing Appealtocourt
is denied, or, if the application is granted, within thirty days after the
rendition of the decision on the rehearing, any party affected thereby
may apply to the supreme court of this State or to the district court of
appeal of the appellate district in which such person resides, for a writ
or certiorari or review (hereinafter referred to as a writ of review) for
the purpose of having the lawfulness of the original order, decision or
award or the order, decision or award on rehearing inquired into and
determined.
(6) Such writ shall be made returnable not later than thirty days
after the date of the issuance thereof, and shall direct the commission
to certify its record in the case to the court. On the return day the
cause shall be heard in the court unless for good cause the same be con
tinued. No new or additional evidence may be introduced in such
court but the cause shall be heard on the record to the commission as
certified to by it. The review shall not be extended further than to
determine whether or not—
(1} The commission acted without or in excess of its powers.
(2) The order, decision or award was procured by fraud.
(3) The order, decision, rule or regulation is unreasonable.
(4) If findings of fact are made, whether or not such findings of fact
support the order, decision or award under review.

214

BULLETIN OF TH E BUBEAU OF LABOB STATISTICS.

(c) The findings and conclusions of the commission on questions of
fact shall be conclusive and final and shall not be subject to review;
such questions of fact shall include ultimate facts and the findings and
conclusions of the commission. The commission and each party to
the action or proceeding before the commission shall have the right to
appear in the review proceeding. Upon the hearing the court shall
enter judgment either affirming, modifying or setting aside the order,
decision or award.
(d) The provisions of the Code of Civil Procedure of this State relat
ing to writs of review shall, so fear as applicable and not in conflict with
this act, apply to proceedings in the courts under the provisions of this
section. No court of this State (except the supreme court and the dis
trict courts of appeal to the extent herein specified) shall have jurisdic
tion to review, reverse, correct or annul any order, decision or award
of the commission or to suspend or delay tne operation or execution
thereof, or to restrain, enjoin or interfere with tne commission in the
erformance of its duties: Provided, That a writ of mandamus shall lie
om the supreme court or the district courts of appeal in all proper
cases.
Suspension.
S ec. 85. (a) The filing of an application for a rehearing shall have
the effect 01 suspending the order, decision, award, rule or regulation
affected, in so far as the same applies to the parties to such application,
unless otherwise ordered by the commission, for a period of ten days,
and the commission may, in its discretion and upon such terms and
conditions as it may by order direct, stay, suspend or postpone the
same during the pendency of such rehearing.
(6) The filing of an application for, or the pendency of, a writ of
review, shall not of itself stay or suspend the operation of the order,
decision, award, rule or regulation of tne commission subject to review,
but the court before which such application is filed may, in its discre
tion, stay or suspend in whole or m part the operation of the order,
decision, award, rule or regulation of the commission subject to review
upon such terms and conditions as it may by order direct.
Construction.
gEC# gfl. (a) Whenever this act, or any part or section thereof, is
interpreted by a court, it shall be liberally construed by such court.
(b) If any section, subsection, subdivision, sentence, clause or phrase
of this act is for any reason held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this act. The
legislature hereby declares that it would have passed this act, and each
section, subsection, subdivision, sentence, clause and phrase thereof,
irrespective of the lact that any one or more sections, subsections, sub*
divisions, sentences, clauses or phrases is declared unconstitutional.
(c) This act shall not be construed to apply to employers or employ
ments which, according to law, are so engaged in interstate commerce
as not to be subject to the legislative power of the State or to employees
injured while tney are so engaged, except in so far as this act may be
permitted to apply under the provisions of the Constitution of the
United States or the acts of Congress.
Election.
S ec.8 7 . (a) Any employer, having in his employment any employee
not included within the term “ employee” as defined by section four
teen of this act or not entitled to compensation under this act, and any
such employee, may, by their joint election, elect to come under the
compensation provisions of this act in the manner hereinafter provided.
( 6) Such election on the part of the employer shall be made by filing
with the commission a written statement to the effect that he accepts
the compensation provisions of this act, which, when filed, shall operate,
within the meaning of section twelve of this act, to subject him to the
compensation provisions of this act, and of all acts amendatory thereof,
for the term or one year from the date of filing, 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 m the office of the commission a notice in
writing that he withdraws his election. Such acceptance shall not be
held to include employees whose employment is both casual and not
in the usual course of the trade, business, profession or occupation of
the employer, unless expressly mentioned therein.
(c) Any employee in the service of any such employer, shall be
deemed to have accepted, and shall, within the meaning of section

APPENDIX— W O R K M E N 'S COMPENSATION LAWS— CALIFORNIA.

215

twelve of this act, be subject to the compensation provisions of this act,
and of any act amendatory thereof, if, at the time of the accident for
which liability is claimed:
( 1) The employer charged with such liability is subject to the com
pensation provisions of this act, whether the employee has actual notice
thereof or not; and
(2) Such employee shall not, at the time of entering into his con
tract of hire, have given to his employer notice in writing that he elects
not to be subject to the compensation provisions of this act; or, in the
event that such contract of hire was made in advance of the election by
the employer, such employee 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 in the service of such
employer for thirty days after the employer has filed his election.
! S ec. 88. The commission shall, not later than the first day of Decem Reports.
ber of each calendar year, subsequent to the year 1913, make a report
to the governor of the State covering its entire operations and proceed
ings for the previous fiscal year, with such suggestions or recommenda
tions as it may deem of value for public information. Such report shall
be printed and a copy thereof furnished to all applicants within this
S ec. 89. The sum of one hundred eighty-seven thousand four hun
dred seventy dollars is hereby appropriated out of any money in the
State treasury, not otherwise appropriated, to be used by the Industrial
Accident Commission 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 m favor of said Industrial Accident Commission for
the amounts expended under its direction, and the treasurer is hereby
authorized and directed to pay the same.
S ec. 90. All acts or parts of acts inconsistent with this act are hereby
repealed.
Sec. 91. The compensation provisions of this act shall not apply to
any injury sustained prior to the taking effect thereof.
S e c. 92. This act snail take effect and be in force on and after the
first day of January, A. D. 1914.
Approved May 26,1913.

Appropriation.

Repealer.
Prior injuries.
Act in effect.

CONNECTICUT.

ACTS OP 1913.
C h a p ter

138.—Compensation of workmenfor injuries.
P a rt

A. E m p loy ers’ L ia b ility .

S e ctio n 1. In an action to recover damages for personal injury sus- DebOM aboltained by an employee arising out of and in the course of his employ-i8lMd*
ment, or for death resulting from injury so sustained, it shall not be a
defense: (a) That the injured employee was negligent; (b) that the
injury was caused by the negligence of a fellow employee; (c) that the
injured employee had assumed the risk of the injury.
S e c. 2. The provisions of section 1 of Part A of this act shall not apply
abrogato actions to recover damages for personal injuries sustained by em- “ SjL does not
ployees of any employer having regularly less than five employees, by
casual employees, or by outworkers; nor shall the same provisions apply
to actions against any employer who shall have accepted Part B of this
act in the manner hereinafter prescribed.
P a rt

B. W ork m en ’ s C om pensation .

S e ctio n 1. When any persons in the mutual relation of employer and Election of
employee shall have accepted Part B of this act, the employer shall not ^ “ P^^tfon.
be liable to any action for damages on account of personal injury sus
tained by an employee arising out of and in the course of his employ
ment or on account of death resulting from injury so sustained; but the
employer shall pay compensation on account of such injury in accord
ance with the scale hereinafter provided, except that no compensation

216

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

shall be paid when the injury shall have been caused by the willful and
serious misconduct of the injured employee or by his intoxication.
The acceptance of Part B of this act by employers and employees shall
be understood to include the mutual renunciation and waiver of all
rights and claims arising out of injuries sustained in the course of
employment as aforesaid, other than rights and claims given by Part B
of this act, including the right of jury trial on all questions affecting
compensation and all right of appeal from the compensation commis
sioners except as hereinafter established.
Election pre- gEc. 2. Every contract of employment not made before the date of
sumed.
this act shall be conclusively presumed to include a mutual agreement
between employer and employee to accept Part B of this act and be
bound thereby, unless either employer or employee shall by written
stipulation in the contract, or by such other notice as is prescribed in
section three of Part B, indicate his refusal to accept the provisions of
said Part B. Every contract of employment made before the date of
this act and continued in force after said date shall be conclusively pre
sumed to include a mutual agreement between employer and employee
to accept Part B of this act and be bound thereby, unless by the date at
which this act goes into effect either employer or employee has indi
cated his refusal to accept said Part B in the manner prescribed in sec
tion three of said Part B.
Withdrawal of gEC. 3 . Acceptance of Part B of this act may be withdrawn by written
acceptance.
or parted notice from either employer or employee to the other party
ana to the compensation commissioner of the district in which the
employee is employed. Notice of withdrawal may be served by per
sonal presentation or by registered letter addressed to the person on
whom it is to be served at his last known residence or place of business;
and such notice shall become effective thirty days after service. Either
Renewals.
employer or employee who has withdrawn acceptance may renew the
same by the same notice and procedure as is prescribed for withdrawals.
Notices in behalf of a minor shall be given by his parent or guardian, or,
if there be no parent or guardian, then by such minor.
Failure to elect. gBC#4. Every employer not accepting Part B of this act shall be liable
to action for damages on account of personal injury to his employees in
accordance with theprovisions of Part A of this act, and every employee
not accepting Part H of this act shall lose all rights and benefits of Part
A of this act with reference to any employer who continues to accept
said Part B.
Contractorsand Sec. 5. When any principal employer procures any work to be done,
subcontractors, w h o l l y or in part for him, by a contractor, or through him by a subcon
tractor, and tlie work so procured to be done is a part or process in the
trade or business of such principal employer, ana is performed in, on,
or about premises under his control, then such principal employer shall
be liable to pay all compensation under this act to the same extent as if
the work were done without the intervention of such contractor or sub
contractor.
Liability of Sec. 6. When any injury for which compensation is payable under
third persons.

this act shall have been sustained under circumstances creating in some
other person than the employer a legal liability to pay damages in
respect thereto, the injured employee may, at his option, either claim
compensation under thi3 act or proceed at law against such other person
to recover damages; and, if compensation is claimed and paid under this
act, any employer having paid the compensation shall be subrogated
to the rights of the injured employee to recover against that person:
Provided, If the employer shall recover from such other person damages
in excess of the compensation already paid, or awarded to be paid under
this act, then any such excess shall be paid to the injured employee, less
the employer’s expenses and costs of action.
Medical and
Sec. 7. The employer shall provide a competent physician or surgeon
surgical care.
to attend any injured employee during the thirty days immediately
following the injury, as such injury may require, and in addition shall
furnish such medical and surgical aid or hospital service, during such
thirty days, as such physician or surgeon shall deem reasonable or nec
essary. In the event of the failure of the employer promptly to provide
such physician or surgeon or such medical or surgical or hospital service,
during any portion of such thirty days, the injured employee may pro-

APPENDIX---- W O R K M E N ’s COMPENSATION LAWS---- CONNECTICUT.

217

vide such physician or surgeon or medical or surgical or hospital service
atthe expense of the employer. Or, at his option, the injured employee
may refuse the medical, surgical, and hospital service provided oy his
employer and provide the same at his own expense. It it shall appear
to the commissioner that an injured employee nas refused to accept and
failed to provide such reasonable medical, surgical, or hospital care, all
rights of compensation under this act shall be suspended during such
refusal and failure. The pecuniary liability of the employer for the
medical, surgical, and hospital service herein required shall be limited
to such charges as prevail in the same community for similar treatment
of injured persons of a like standard of living when such treatment is
paid for by the injured persons.
S ec. 8 . No compensation shall be payable under this act on account Waiting time,
of any injury which does not incapacitate the injured employee for a
period of more than two weeks from earning full wages at his customary
employment; but if incapacity extends beyond a period of two weeks
compensation shall begin on the fifteenth day after the injury.
S ec. 9. Compensation shall be paid on account of death resulting from Compensation
injuries within two years from date of injury as follows: (a) For burial
expenses one hundred dollars; (b) to those totally dependent upon the
deceased employee at the time of his injury a weekly compensation
equal to half of the average weekly earnings of the deceased at the time
of his injury; (c) in case there is no one totally dependent upon the de
ceased employee then to those partially dependent upon the deceased
employee at the time of his injury a weekly compensation not exceeding
that payable to total dependents and of such proportionate sum as may
be determined according to the measure of dependence; (d) in case
there are no dependents of the deceased employee the sum of seven
hundred and fifty dollars to be paid to the state treasurer and by him set
apart as a fund to be used for the payment of lawful expenses of the com
missioners; but the compensation payable on account of death resulting
from injuries shall in no case be more than ten dollars or less than five
dollars weekly, and such compensation shall not continue longer than
three hundred and twelve weeks after death. The compensation on
account of death payable under this act to a widow or widower of a
deceased employee shall not cease with the death of such widow or
widower, but upon her or his death within the period during which such
compensation is payable it shall continue to be paid for the remainder of
such period to her or his dependents as defined in section forty-three.
S ec. 10. The following persons shall be conclusively presumed to be Who are detotally dependent for support upon a deceased employee: (a) A wife
upon a husband with whom shelives at the time of his injury or from
whom she receives support regularly; (b) a husband upon a wife with
whom he lives at the time of her injury or from whom he receives sup
port regularly; (c) a child or children under the age of eighteen years, or
over said age, but physically or mentally incapacitated from earning,
upon the parent with whom he is or they are living or from whom he is
or they are receiving support regularly at the time of the injury 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 dependency,
total or partial, shall be determined in accordance with the fact, as the
fact may be at the time of the injury. In such other cases, if there is
more than one person totally dependent, the death benefit shall be
divided equally among them, ana persons partially dependent, if any,
shall receive no part thereof. If there is no person totally dependent
and more than one person partially dependent, the death benefit
shall be divided among them according to the relative degrees of their
dependence. For the purposes of this act the dependence of a widow
or widower of a deceased employee shall be construed to terminate
with remarriage and the dependence of a child, except a child phys
ically or mentally incapacitated from earning, with the attainment
of eighteen years. Compensation under this section shall be paid
to alien dependents in half the amounts indicated in this section
unless such alien dependents are residents of the United States, or its
dependencies, or Canada.

218

BULLETIN OF THE BUREAU OF LABOR STATISTICS,

sEC. 11. In case the injury results in total incapacity to perform work
of any character, there shall be paid to the injured employee a weekly
compensation equal to half of his average weekly earnings at the time of
the injury ; but the compensation shall in no case be more than ten
dollars or less than five dollars weekly; and such compensation shall
not continue longer than the period of total incapacity, or in any event
longer than five hundred and twenty weeks. The following injuries of
any person shall be considered as causing total incapacity and com
pensation shall be paid accordingly: (a) Total and permanent loss of
sight in both eyes; (b) the loss of both feet at or above the ankle;
(c) the loss of both hands at or above the wrist; (d) the loss of one
loot at or above the ankle and one hand at or above the wrist; (e) any
injury resulting in permanent and complete paralysis of the legs or arms
or of one leg and one arm; (f) any injury resulting in incurable imbe
cility or insanity.
Partfei dfea- S ec. 12. In case the injury results in partial incapacity, there shall
bfltty.
be paid to the injured employee a weekly compensation equal to half
the difference between his average weekly earnings before the injury
and what he is able to earn thereafter. This compensation shall in no
case be more than ten dollars weekly and shall continue during the
period of partial incapacity, but not longer than three hundred and
twelve weeks. If the employer procures for an injured employee
employment suitable to his capacity the wages offered in such em
ployment shall be taken as the earning capacity of the injured em
ployee. In case of the following injuries the compensation, in lieu of
all other payments, shall be half of the previous average weekly
earnings of the injured employee for the terms respectively indicated:
(a) for the loss of one arm at or above the elbow, or the complete and
permanent loss of the use of one arm, two hundred and eight weeks:
(b) for the loss of one hand at or above the wrist, or the complete and
permanent loss of the use of one hand, one hundred and fifty-six weeks;
(c) for the loss of one leg at or above the knee, or the complete ana
permanent loss of the use of one leg, one hundred and eighty-two
weeks; (d) for the loss of one foot at or above the ankle, or the complete
and permanent loss of the use of one foot, one hundred and thirty weeks;
(e) for the complete and permanent loss of hearing in both ears, one
hundred and fifty-six weeks; (f) for the complete and permanent loss of
hearing in one ear, fifty-two weeks; (g) for the complete and permanent
loss of sight of one eye, one hundred and four weeks; (h) for me loss of a
thumb, thirty-eight weeks; (i) for the loss of a first finger or a great toe,
thirty-eight weeks; (i) for the loss of a second finger, thirty weeks; a
third finger, twenty-five weeks; a fourth finger, twenty weeks; (k) for
the loss of any toe except the great toe, thirteen weeks. The loss of one
phalange of a thumb or two phalanges of a finger shall be considered
half the loss of a thumb or finger respectively, and shall be compen
sated accordingly.
Computationof gEC# 13. For the purpose of this act, the average weekly wage shall
eamtngs.
be ascertained by dividing the total wages received by the injured
workman from the employer in whose service he is injured during the
twenty-six calendar weeks immediately preceding that during which
he was injured, by the number of said calendar weeks during which,
or any portion of which, said workman was actually employed by saia
employer, provided in making such computation absence for seven
consecutive calendar days, although not in the same calendar week,
shall be considered as absence for a calendar week. Where the em
ployment commenced other than at the beginning of a calendar week,
such calendar week and the wages earned during such week, shall be
excluded in making the above computation. Where the employment
previous to injury as provided above is computed to be less than a net
period of two calendar weeks, then his weekly wage shall be consid
ered to be equivalent to the average weekly wage prevailing in the
same or similar employment in the same locality at the time ol injury.
Advance pay- Sec. 14. In fixing the amount of any compensation under this act
me
due allowance shall be made for any sum which the employer may
have paid to any injured employee or to his dependents on account of
the injury, except such sums as the employer may have expended or
directed to be expended for medical, suigical, or hospital service.
Total disability.

APPENDIX---- W O RK M E N ’s COMPENSATION LAWS---- CONNECTICUT.

219

S ec. 15. Any award of compensation made under this act shall be Revision
of
subject to modification, upon the request of either party and in accord- awards*
ance with the procedure for original determinations, whenever it shall
appear to the compensation commissioner or commission that the in
capacity of an injured employee has increased, decreased, or ceased,
or that the measure of dependence on account of which the compensa
tion is paid has changed.
S ec. 16. Within ninety days after the passage of this act the governor Compensation
shall appoint five competent persons, one for each of the five con- commlssioners.
gressional districts as at present constituted, to be known as compensa
tion commissioners, ana shall designate one of them as chairman.
The term of office of the compensation commissioners shall be five years,
except that when first appointed one shall be appointed for one year
and three months from October 1, 1913, one for two years and three
months from said date, one for three years and three months from said
date, one for four years and three months from said date, and one for five
years and three months from said date. Thereafter, upon the expira
tion of the term for which a commissioner is first appointed, his suc
cessor shall be appointed by the governor for the rail term of five
calendar years. After due notice and public hearing the governor may
remove any commissioner for cause ana the good of the public service.
Said commissioners shall be sworn to a faithful performance of their
duties. Vacancies occurring during a term shall be filled by the
governor.
S ec. 17. Each commissioner shall, for the purpose of this act, have Powers,
power to summon and examine under oath such witnesses, and may di
rect the production of, and examine or cause to be produced or ex
amined, such books, records, vouchers, memoranda, documents, let
ters, contracts, or other papers in relation to any inatter at issue as he
may find proper, and shall have the same powers in reference thereto
as are now vested in magistrates taking depositions. He shall have
power to certify to official acts, and all powers necessary to enable him
to perform the duties imposed upon him by this act. The commis
sioners shall reside in the districts for which they are severally ap- Residence,
pointed and each shall have jurisdiction of all claims and questions
arising in such district under Part B of this act. The commissioner
for the first congressional district shall maintain an office at some con
venient location in the city of Hartford; the commissioner for the
second district an office simdarly located in the city of Willimantic;
the commissioner for the third district, in the city of New Haven; the
commissioner for the fourth district, in the city or Bridgeport; ana the
commissioner for the fifth district, in the city of Waterbury. Each
commissioner shall keep his office open during reasonable business
hours of every day except Sundays and legal holidays, but he shall
have power to hear and decide cases at any other place within his dis
trict. In case a commissioner is disqualified or temporarily incapaci
tated from hearing any matter, he shall designate some other commis
sioner to hear and decide said matter and such other commissioner shall
possess the same jurisdiction andpower, for the purposes of such hearing,
as such incapacitated or disqualified commissioner. The superior court, Enforcement o
on application of a commissioner or the commission, or of the attorney orders>etc*
general, may enforce, by appropriate decree or process, any provision of
this act or any proper order of a commissioner or the commission ren
dered in pursuance of any such provision.
S ec. 18. Acting together, the commissioners shall have power to Board of comadopt and change such common rules, procedure, and forms as they shall missionersdeem expedient for the purposes of this act. Annually the commis
sioners shall prepare and submit to the governor a report of their doings,
including such recommendations as they shall think proper for the im
provement of this act or its administration.
S ec. 19. Each of the commissioners shall receive a salary of four Salaries, etc.
thousand dollars per annum, payable in equal monthly instalments,
and in addition such allowance, not exceeding two thousand dollars
a year, as may be approved by the comptroller for expenses incurred
in the discharge of his duties.

Seo. 20. Every employer who has accepted Part B of this act shall
keep a record of such injuries sustained by his employees in the course

Reports nfacci*

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

of their employment as result in incapacity for one day or more, and
every such employer shall send each week to the commissioner such
report of said injuries as the commission shall require, with such notices
of claims for compensation as have been served upon him within one
week, in conformity with the provisions of section twenty-one. No
other report of injuries to employees shall be required by any depart
ment or office of the state from such employers as have accepted Part B,
and copies of all reports of injuries received by a commissioner shall by
him be transmitted to the factory inspector once in three months.
Sec. 21. No proceedings for compensation under this act shall be
maintained unless a written notice of the injury shall have been given
to the employer by the injured employee or in nis behalf within thirty
days of the happening thereof, and during the continuance of the in
capacity on account of which compensation is claimed, nor unless
claim for compensation is made within one year from the date of the
injury. Such notice shall state in ordinary language the date, place,
and nature of the injury, the name and address of the injured employee,
and the person in whose interest compensation is claimed. Notices
may be served in the same manner as notices of withdrawal from the
provisions of Part B of this act; and, in cases of fatal injuries, notice
may be served either by any one of the dependents under this act or by
the legal representative of the deceased employee; but no want, de
fect, or inaccuracy of such notice and claim snail be a bar to the maintenance of proceedings unless the employer shall show that he was
ignorant of the injury and was prejudiced by want, defect, or inac
curacy of notice. Upon satisfactory showing of such ignorance and
prejudice, the employer shall receive allowance to the extent of such
prejudice. Within one week after the receipt by an employer of such
notice of injury and claim for compensation he shall report the substantial
facts of said notice and claim to the commissioner,
a r y Sec. 22. If an employer and an injured employee, or in case of fatal
injury his legal representative, shall, not earlier than two weeks after
the date of the injury, reach an agreement in regard to compensation,
such agreement shall by the employer be submitted in writing to the
commissioner, with a statement of the time, place, and nature of the
injury upon which it is based; and if said commissioner shall find said
agreement to conform to the provisions of this act in every regard he
shall so approve it. Every agreement thus approved shall be filed in
the office of the clerk of the superior court for the county in which the
injury occurred and a copy thereof shall be retained by the commis
sioner, and a copy of the same delivered to each of the parties and
thereafter it shall be as binding upon both parties as an award by the
commissioner. Such agreements shall be subject to subsequent modi
fication as changed conditions may justify, but no modification shall be
valid until approved and filed by the commissioner,
cami- Sec. 23. At any time while claiming or receiving compensation, upon
the reasonable request of the employer or at the direction of the com
missioner, an injured employee shall submit himself to examination by
a reputable practicing physician or surgeon provided and paid by the
employer, with a view to a determination of tne nature of the injury and
the incapacity resultant therefrom. At any such examination the
injured employee shall be allowed to secure the attendance of any
reputable practicing physician or surgeon provided and paid by him
self. The refusal of an injured employee thus to submit himself to a
reasonable examination shall suspend his right to compensation during
such refusal.
o t Sec. 24. If an employer and his injured employee, or his legal rep
resentative, as the case may be, shall fail to reach an agreement in
regard to compensation under this act. either party may notify the
commissioner of the failure. Upon sucn notice, or upon other knowl
edge that an agreement has not been reached in a case in which com
pensation is claimed, the commissioner shall appoint an early hearing
upon the matter, giving both parties due notice of time and place not
less than ten days prior to the date appointed. Hearings shall be held,
if practicable, in the town in the State in which the injured employee
resides; and, if such place is not practicable, in such other convenient
place as the commissioner may prescribe. Sufficient notice of such

APPENDIX— W O KK M EN’ S COMPENSATION LAWS— CONNECTICUT.

221

hearing may be given to the parties in interest by a brief written state
ment in ordinary terms of the date, place, and nature of the injury
upon which the claim for compensation is based.
S ec. 25. Both parties may appear at any hearing, either in person or, Co n d u c t of
by attorney or other accredited representative, and no formal pleadings earmgs*
shall be required, beyond such informal notices#as the commission shall
approve. In all cases and hearings under this act the commissioner
snail proceed, so far as possible, in accordance with the rules of equity.
He shall not be bound by the ordinary common law or statutory rules
of evidence or procedure, but may make inquiry in such manner,
through oral testimony or written and printed records, as is best cal
culated to ascertain the substantial rights of the parties and carry out
justly the spirit of this act. No fees shall be taxed or charged to either
party by the commissioner in connection with any hearing or other
procedure, but the commissioner may and shall furnish at actual cost
certified copies of any testimony, award, or other matter which may be
of record in his office. Witnesses subpoenaed by the commissioner shall
be allowed such fees and traveling expenses as are allowed in civil ac
tions, to be paid by the party subpoenaing said witnesses.
S ec. 26. As soon as may be after the conclusion of any hearing the Awards,
commissioner shall send to each party a written copy of his finding and
award and shall file a third copy in ms office. The original award shall
be filed in the office of the clerk of the superior court for the county in
which the injury occurred. If no appeal from his decision is taken by
either party within ten days thereafter said finding and award shall be
final and may be enforced in the same manner as a judgment of the
superior court. The superior court is hereby authorized to issue execu
tion upon any uncontested or final award of a commissioner in the same
manner as in cases of judgments rendered in the superior court.
S ec. 27. At any time within ten days after entry of such finding and Appeals,
award by the commissioner either party may appeal therefrom to the
superior court for the county in which the injury was sustained. The
clerk of said court shall notify the adverse party of such appeal. No
bond for prosecution shall be required on any such appeal unless prop
erty of the defendant is attached therein. Actions brought into tne
superior court under the provisions of this section shall be privileged in
respect to their assignment for trial over all other actions except writs
of habeas corpus ana actions brought by or on behalf of the State, includ
ing informations on the relation of private individuals. No costs shall
be taxed in favor of either party on any such appeal.
S ec. 28. Whenever he deems it just or necessary the commissioner . Commutation
may approve or direct the commutation of weekly compensations under mt0Iumpsums*
this act into monthly or quarterly payments, or into a single lump sum.
In any such case of commutation, a true equivalence of value shall
be maintained, with due discount of sums payable in the future; and
when commutation is made into a single lump sum, the commissioner
may direct that it be paid into any savings bank, trust company, or
life insurance company which is authorized to do business within this
State, to be held in trust for the beneficiary or beneficiaries under this
act, and paid out in conformity with the provisions of this act.
S ec. 29. With the approval of the State insurance commissioner any S u b s t i t u t e
employer subject to the provisions of Part B may enter into an s0116111®8*
agreement with his employees to provide a system of compensation,
benefit, and insurance in lieu of the compensation and insurance pro
vided by this act. No such substitute system shall be approved unless
it confers benefits upon injured employees at least equivalent to Hie
benefits provided by this act, nor shall any such substitute system be
approved which contains an obligation of employees to join in it as a
condition of employment, or which in that case does not contain equi
table provision for the withdrawal of employees from it and the distri
bution of its assets. If any such system requires contributions from
employees it shall not be approved unless it confers benefits in addi
tion to those provided under this act at least commensurate with such
contributions. The insurance commissioner, having given his approval
of such substitute system, shall have over it all the jurisdiction given
him by chapter 186 of the public acts of 1909 over insurance companies.
He may withdraw his approval upon reasonable notice to the employer

222

BULLETIN

THE BUREAU OF LABOR STATISTICS*

and order a distribution of the assets, subject to the right of any party
in interest to take an appeal to the superior court for Hartford County.
Guarantee of gsc. 30. Every employer subject to Part B who shall not furnish to
payments.
the commissioner satisfactory proof of his solvency and financial ability
to pay directly to injured employees or other beneficiaries the com
pensation provided by this act, shall insure his full liability under
PartB in one or both the following ways. ( 1) By filing with the insur
ance commissioner in form acceptable to him security guaranteeing
the performance of the obligations of this act by said employer; or, (2)
by insuring his full liability under Part B of this act in such stock
or mutual companies or associations as are or may be authorized to
take such risks in this State, or by such combination of the abovementioned two methods as he may choose, subject to the approval of
the insurance commissioner.
Contents of in- gEc. 31. Every policy insuring the payment of compensations under
surance policies,
g act gj^n COntain a clause to the effect that as between the employee
and the insurer notice and knowledge of the occurrence of injury by
the insured shall be deemed notice and knowledge by the insurer,
that jurisdiction of the insured for the purposes of this act shall be
jurisdiction of the insurer, and that the insurer shall in all things be
Dound by and subject to the findings, judgments, and awards rendered
against such insured.
.. J?r ,covdr ful1 S ec. 32. No policy of insurance against liability underPart B of
liability.
this act, except as provided in section thirty, shall be made unless
the same shall cover the entire liability of tie employer thereunder
and shall contain an agreement by the insurer that, in case the insured
shall become insolvent or be discharged in bankruptcy during the
period that the policy is in operation, or the compensation, or any part
of it, is due ana unpaid, or in case an execution upon a judgment for
compensation is returned unsatisfied, an injured employee, or other
Em p l o y e e ' s person entitled to compensation under this act, may enforce his claim
rights.
to compensation against the insurer to the same extent that the insured
could nave enforced his claim against such insurer had he paid com
pensation.
Waivers forbid- gBo. 33. No contract, expressed or implied, no rule, regulation, or
dett*
other device, shall in any manner relieve any employer, in whole or
in part, of any obligation created by this act, except as herein set forth.
Minors.
S ec. 34. When any employee affected by the provisions of this act,
or any person entitled to compensation hereunder, shall be a minor,
or mentally incompetent, his parent, or guardian duly appointed,
may, on his behalf, perform any act or duty required or exercise any
right conferred by this act with the same effect as if such person was
legally capable to act in his own behalf and had so acted.
F«es*
S ec. 35. All fees of attorneys, physicians, or other persons for services
under this act shall be subject to the approval of the commissioner.
Status of bene* g EC# 3g# All sums due for compensation under this act shall be
at payments.
exempt from levy, attachment, ana execution and shall be nonassignable before or alter award. The rights of compensation granted by
this act shall have the same preference against the assets of an employer
as may be allowed by law to a claim for unpaid wages.
Payments.
S ec. 37. Compensations payable under this act shall be paid at such
particular times in the week and in such manner as the commissioner
may order, and shall be paid directly to the persons entitled to receive
them unless the commissioner, for good reason, shall order payment to
those entitled to act for such persons.
Notice.
gBC# 38. Any notice under this act required to be served upon
employer, employee, or commissioner may be served in the manner
prescribed in section three of Part B of this act, unless the circum
stances of the case or the rules of the commission shall direct otherwise.
Duty of town gEC. 39. The town clerks of the several towns are hereby authorized
0orKs*
and directed to receive from the commission such blank forms as may
be prepared for use under this act and to distribute the same to persons
making proper application for them.
interstate com- gEC. 40. This act shall not affect the liability of employers to emmerce.
ployees engaged in interstate or foreign commerce, for death or injury
in case the laws of the United States provide for compensation or for
liability for such death or injury.

APPENDIX— W O B K M E n 's COMPENSATION LAWS— CONNECTICUT.

223

S ec. 41. The provisions of this act shall not apply to injuries or actions Prior injuries,
brought on account of injuries sustained before January 1,1914.
S e c. 42. Any employerwho has accepted Part B of this act and who Failure to o:>
thereafter foils to conform to any of the provisions of section thirty of serve90X9
PartB, shall thereby forfeit all benefits thereunder and shall be liable
as if he had not accepted the same. Any such employer who shall fail
to conform to any of the other provisions of Part B shall be fined not
more than one hundred dollars for each offense.
S ec. 43. “ Commissioner” shall mean that compensation commis- Definitions,
sioner, as constituted in this act, who has jurisdiction in the matter
referred to in the context. “ Commission” shall mean the five com*
missioners, or a majority of them, acting as a board. “ Dependents”
shall mean members of the injured employee’s family or next of kin
who were wholly or partly dependent upon the earnings of the em
ployee at the time of the injury. “ Employee” shall mean any person
who has entered into or works under any contract or service or appren
ticeship with an employer. “ Employer ” shall mean any natural per
son, corporation, firm, partnership, or joint stock association, the state,
and any public corporation within the State using the services of an
other for pay; it includes also the legal representative of any such em
ployer. Masculine terms include males, females, and legal persons.
“ Outworker” shall mean a person to whom articles or materials are
given to be treated in any way on premises not under the control or
management of the person who gave them out. As the natural inter
pretation of the context may require, singular terms may be taken to
include the plural, and plural to include the singular.

Sec. 44. In case any provision of this act shall be held by the courts Unconst it fito be unconstitutional and invalid, the invalidity of such provision p r o ^ i o r a 1*
shall not affect any other provision which can be given effect without
the provision held invalid.
P a rt

C. E m p loy ers’ M u tu a l In su ra n ce .

S e ctio n 1. With the approval of the insurance commissioner, em- Mutual associaployers who have accepted the provisions of Part B of this act and are tions authorized,
bound to pay compensations to their employees thereunder, may asso
ciate themselves, m accordance with the law for the formation of cor
porations without capital stock, for the purpose of establishing and
maintaining mutual associations to insure their liabilities under this
act, but no such association shall be formed to include employers not
in the same or similar trade or business, or in trades or businesses with
substantially similar degrees of hazard of injury to employees.
S ec. 2. With a view to his approval, the insurance commissioner may To be approved,
require ^the^u^orporators of any such a^ociation to includeJn their

lation of the affairs of the association and the <&finition of its powers
and the powers of its officers, directors, and incorporators as shall satisfy
him that it is well designed and wisely adapted to its proposed purposes.
When such a certificate, in form and substance acceptable to the insur
ance commissioner, has been approved by and filed with the secretary
of the State, the incorporators shall forthwith cause copies thereof to be
filed in the offices of the insurance commissioner and each of the com
pensation commissioners.
S ec. 3. Membership in such associations shall be limited to such Membership,
employers as are subject to Part B of this act, and each association
shall have power, by appropriate by-laws, to provide for the admission,
suspension, withdrawal, or expulsion of members.
S ec. 4. Except as herein otherwise provided, such associations shall Control,
be subject to the same regulation and control as is or may be imposed
by law upon other corporations or associations taking similar risks in
this State, and over them the insurance commissioner shall have all the
jurisdiction given him by chapter 186 of the public acts of 1909 over in
surance companies.
S ec. 5. No policies shall be issued by any such association until Policies to issue,
members in such numbers and with such numbers of employees as the
n*
insurance commissioner may decide will give a fair diffusion of risks
shall have obligated themselves to take policies immediately upon their

224

BULLETIN OF TH E BUREAU OF LABOR STATISTICS.

authorization, nor shall any policies be issued except such as the insur
ance commissioner shall have approved as conforming in all respects to
the requirements of this act. Conformably to the provisions o f section
thirty of Part B of this act, policies may be issued covering claims only
in excess of a certain amount. If at any time, by the retirement of
members, reduction of numbers of employees, or other cause, the mem
bership of any association shall appear to the insurance commissioner
no longer to afford a fair diffusion of risks, he may suspend or forbid the
further issue of policies until the former conditions of the association
have been restored.
Officers.
S ec. 6. The affairs of all associations incorporated under this act shall
be managed by such officers and directors as may be chosen in manner
prescribed by the by-laws of the association, provided every member
Votes.
shall be entitled to cast at least one ballot in all elections and votes,
that any member having had for six months sin average of more than
one hundred and not more than five hundred employees to whom he is
bound to pay compensation under this act shall be entitled to cast two
ballots, that each additional five hundred employees shall entitle such
member to an additional ballot, and that no member shall be entitled
to cast more than eight ballots.
Rules for safety. gEc. 7 . Each association shall have power to prescribe and enforce
reasonable rules for safety regulations on the premises of its members,
and for that purpose, its inspectors shall have free access to all such
premises during regular working hours.
Premiums.
sEc. 8. Each association shall have power to determine the com
parative premium rates for each occupation or risk insured by it and to
prescribe rates of cash premiums sufficient to cover the current cost.
Said premium rates shall prevail for the fiscal year of the association,
but annually they may be changed at any time by the directors. The
current cost herein specified shall be such an amount as is estimated
to cover the expenses and the claims or portions of claims payable
within the same fiscal year within which they originated. Members
of each association shall be required to pay yearly in advance cash
premiums for current costs, and in addition thereto an amount in nego
tiable notes sufficient to maintain a reserve equal to that required of
stock or commercial casualty companies by the general statutes for
similar classes of risks. These notes shall be payable on the call of the
treasurer of the association, as they may be required to meet estimated
losses or expenses in excess of the current cost or to meet claims cover
ing losses not payable within the same fiscal year within which the
claini originated. The directors may, in their discretion, fix rates of
interest on either notes or balances.
Assessments.
sBc. 9. If an association is not possessed of funds sufficient for the
payment of incurred losses and expenses, it shall make an assessment
lor the amount needed to pay such losses and expenses, upon the mem
bers liable to assessment therefor, in proportion to their several lia
bilities.
Funds.
gEc. 10. The funds of each association shall be invested by the
directors in the same classes of securities and in the same manner in
which the funds of domestic life insurance companies are by law
required or permitted to be invested.
By-laws and gEc. 11. Each association shall have power to determine the prereguiations.
miums, contingent liabilities, assessments, penalties, and dividends of
its members, and to enforce, or administer the same without the lim
itations imposed upon corporations without capital stock by section
ninety of chapter 194 of the public acts of 1903. It shall also have
power to make and amend by-laws or regulations not inconsistent with
its certificate of incorporation for the prompt^ economical, and safe
conduct of its affairs. All by-laws and regulations of each association
shall be filed with the insurance commissioner, and shall be subject to
his approval. If not disapproved by him, tney shall go into effect
thirty days after filing, or at such later date as may be indicated in the
by-laws or regulations.
Appeals.
S ec. 12. From any decision or order of the insurance commissioner
affecting any association, such association shall have the right of appeal
to the superior court of Hartford County.

APPENDIX— W O R K M E N 'S COMPENSATION LAWS— CONNECTICUT.

225

G eneral P rovision s .

Section 13. All acts and parts of acts inconsistent with any provision
of this act are hereby repealed to the extent of such inconsistency.

Repealer,

Sec. 14. So much of this act as directs the appointment of compen- Act in effect,
eation commissioners and authorizes the formation of employers’ mu- w en#
tual insurance associations shall take effect upon its passage; so much
as empowers the commission to adopt and publish rules, procedure,
and forms shall take effect October 1,1913; all other provisions of this
act shall take effect January 1,1914.
Approved, May 29,1913.
ILLINOIS.

ACTS OF 1913.
Compensation of workmenfor injuries.
(Page 335.)
S e ctio n 1. Any employer in this State may elect to provide and pay, ®?JPtlon
compensation .for accidental injuries sustained by any employee 10wea*
arising out of and in the course of the employment according to the
provisions of this act, and thereby reHeve nimself from any liability
for the recovery of damages, except as herein provided.
(a) Election by an employer to provide and pay compensation Howmade,
according to the provisions of this act shall be made by the employer
filing notice of such election with the industrial board.
(b) Every employer within the provisions of this act who has elected T«nn.
to provide and pay compensation according to the provisions of this
act shall be bound thereby as to all his employees covered by this act
until January 1st of the next succeeding year and for terms of each year
thereafter: Provided, Any such employer may elect not to provide and Notice of withpay the compensation herein provided for accidents resulting in either<wawaI*
injury or death and occurring after the expiration of any such calendar
year by filing notice of such election with the industrial board at least
sixty days pnor to the expiration of any such calendar year, and by post
ing such notice at a conspicuous place in the plant, shop, office, room,
or place where such employee is employed, or by personal service, in
written or printed form, upon such employee, at least sixty days prior
to the expiration of any such calendar year.
(c) In the event any employer elects to provide and pay the com- Presumption as
pensation provided in this act, then every employee of such employer, employees.
as a part of his contract of hiring or who may be employed at the time
of the taking effect of this act and the acceptance of its provisions by
the employer, shall be deemed to have accepted all the provisions of
this act ana shall be bound thereby unless within thirty days after such
hiring or after the taking effect of this act, and its acceptance by the
employer, he shall file a notice to the contrary with the industrial board,
whose duty it shall be to immediately notify the employer, and if so
notified, the employer shall not be deprived of any common law or
statutory defenses existing but for this act; and until such notice to
the contrary is given to the employer, the measure of liability of the
employer shall be determined according to the compensation pro
visions of this act: Provided, however, That any employee may with- Notice of withdraw from the operation of this act upon filing a written notice of with- drawah
drawal at least ten days prior to January 1st of any year with the indus
trial board, whose duty it shall be to immediately notify the employer
by registered mail, ana, if so notified, the employer shall not be deprived
of any common law or statutory defenses existing but for this act, and
until such notice to the contrary is given to the employer, the measure
of liability of the employer shall be determined according to the com
pensation provisions of this act.
(d) Any employer or employee may, without prejudice to any
existing right or claim, withdraw his election to reject this act by giving
thirty days’ written notice in such manner and form as may be pro
vided by the industrial board.

30597°—Bull. 126—14------15

226

BULLETIN OF THE BUBEAU OF LABOB STATISTICS.

Presumption?s S ec. 2. Every employer enumerated in section 3, paragraph (b ),
plovers^ 1 em“ shall be conclusively presumed to have filed notice of nis election as
provided in section 1, paragraph (a), and to have elected to provide
and pay compensation according to the provisions of this act, unless
and until notice in writing of his election to the contrary is filed with
the industrial board and unless and until the employer shall either
furnish to his employee personally or post at a conspicuous place in the
plant, shop, office, room or place where such employee is to be em
ployed, a copy of said notice of election not to provide and pay com
pensation according to the provisions of this act; which notice of non
election, if filed and posted as herein provided, shall be effective until
withdrawn; and such notice of nonelection may be withdrawn as pro
vided in this act.
Defense ab°i- Sec. 3. (a) In any action* to recover damages against an employer,
engaged in any of the occupations, enterprises or businesses enumerated
in paragraph (b) of this section, who shall elect not to provide and pay
compensation to any employee, according to the provisions of this act,
it shall not be a defense, that: First, the employee assumed the risks of
the employment; second, the injury or death was caused in whole or in
part by the negligence of a fellow servant; or third, the injury or death
was proximately caused by the contributory negligence of the employee*.
An^JS2^artard‘ (k) The provisions of paragraph (a) of this section shall only apply to
ous occupations. m employer engaged in any of the following occupations, enterprises
or businesses, namely :
1. The building, maintaining, repairing or demolishing of any
structure;
2. Construction, excavating or electrical work;
3. Carriage by land or water and loading and unloading in connection
therewith;
4. The operation of any warehouse or general or terminal store houses;
5. Mining, surface mining or quarrying;
6. Any enterprise in which explosive materials are manufactured,
handled or used in dangerous quantities;
7. In any enterprise wherein molten metal, or explosive or injurious
gases or vapors, or inflammable vapors or fluids, or corrosive acids, are
manufactured, used, generated, stored or conveyed in dangerous
quantities;
8. In any enterprise in which statutory or municipal ordinance regu
lations are now or shall hereafter be imposed for the regulating, guard
ing, use or the placing of machinery or appliances, or for theprotectiou
and safeguarding of the employees or the public therein; each of which
occupations, enterprises or businesses are hereby declared to be extrahazardous.
Who are em- S ec. 4. The term “ employer” as used in this act shall be construed

ployers.

tobe.

First. The State and each county, city, town, township, incorporated
village, school district, body politic^ or municipal corporation therein.
Second. Every person, firm, public or private corporation, including
hospitals, public service, eleemosynary, religious, or charitable corpo
rations or associations who has any person in sendee or under any con
tract for hire, express or implied, 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 this act
have elected to become subject to the provisions or this act, and who
shall not, prior to such accident, have effected a withdrawal of such
election in the manner provided in this act.
Who are era- Sec. 5. The term “ employee ” as used in this act shall be construed
ployees.
to mean:
First. Every person in the service of the State, county, city, town,
township, incorporated village or school district, body politic, or munic
ipal corporations therein, under appointment, or contract of hire,
express or implied, oral or written, except any official of the State, or
of any county, city, town, township, incorporated village, school dis
trict, body politic, or municipal corporation therein; and except any
employee thereof for whose accidental injury or death arising out of
and in the course of his employment compensation or a pejision shall
be payable to him, his personal representative, beneficiaries or heirs,

APPENDIX---- W O RK M E N ’ S COMPENSATION LAWS— ILLINOIS.

227

from any pension or benefit fund to wliieli tlie State, or any county,
city, town, township, incorporated village, scliool district, body politic,
or municipal corporation therein contributes in whole or in part:
Provided, That one employed by a contractor who has contracted with
the State, or a county, city, town, township, incorporated village,
school district, body politic, or municipal corporation therein, through
its representatives, shall not be considered as an employee of the State,
county, city, town, township, incorporated village, school district, body
politic or municipal corporation which made the contract.
Second. Every person in the service of another under any contract
of hire, express or implied, oral or written, including aliens, and minors
who are legally permitted to work under the laws of the State, who, for
the purpose of this act, shall be considered the same and have the same
power to contract, receive payments and give quittances therefor, as
adult employees, but not including any person whose employment is
but casual or who is not engaged in the usual course of the trade, busi
ness, profession, or occupation of his employer: Provided, That em
ployees shall not be included within the provisions of this act when
excluded by the laws of the United States relating to liability of emloyers to their employees for personal injuries where such laws are
eld to be exclusive.

Sec. 6. No common law or statutory right to recover damages for .Remedy exciuinjury or death sustained by any employee while engaged in the line ‘Slve*
of his duty as such employee other than the compensation herein pro
vided shall be available to any employee who is covered by the pro
visions of this act, to any one wholly or partially dependent upon him,
the legal representatives of his estate, or any one otherwise entitled to
recover damages for such injury.

S ec. 7. The amount of compensation which shall be paid for an injury Compensation
to the employee resulting in death shall be:
death.
(a) If the employee leaves any widow, child or children whom he
was under legal obligation to support at the time of his injury, a sum
equal to four 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 five hundred dollars. Any
compensation payments other than necessary medical, surgical or hos
pital fees or services shall be deducted in ascertaining the amount
payable on death.
(b) If no amount is payable tinder paragraph (a) of this section and
tlie employee leaves any widow, child, parent, grandparent or other
lineal heir, to whose support he had contributed within four years pre
vious to the time of his injury, a sum equal to four times the average
annual earnings of the employee, but not less in any event than one
thousand five nundred dollars and not more in any event than three
thousand five hundred dollars. Any compensation payments other
than necessary medical, surgical or hospital fees or services shall be
deducted in ascertaining the amount payable on death.
(c) If no amount is payable under paragraph (a) or (b) of this section
and the employee leaves collateral heirs dependent at the time of the
injuiy to the employee upon his earnings, such a percentage of the sum
provided in paragraph (a) of this section as the average annual contri
butions which the deceased made to the support of such collateral
dependent heirs during the two years preceding the injury bears to
his earnings during such two years.
(d) If no amount is payable under paragraph (a) or (b) or (c) of this
section, a sum not to exceed one hundred and fifty dollars lor burial
expenses.
(e) All compensation except for burial expenses, provided for in
this section to be paid in case injury results in death, shall be paid in
installments equal to one-half the average earnings, at the same inter
vals at which the wages or earnings of the employee were paid; or if
this shall not be feasible, then the installments snail be paid weekly:
Provided, Such compensation may be paid in a lump sum upon peti
tion as provided in section 9 of this act.
(f) The compensation to be paid for injury which results in death, To whom payas provided in this section, shall be paid at the option of the employer
either to the personal representative of the deceased employee or to

228

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

his beneficiaries, and shall be distributed to the heirs who formed the
basis for determining the amount of compensation to be paid by the
employer, the distributees’ shares to be in the proportion of their re
spective dependency at the time of the injury on the earnings of the
deceased: Provided, That, in the judgment of the court appointing the
personal representative, a child’s distributive share may be paid to
the parent for the support of the child. The payment of compensation
by tne employer to the person representative of the deceased employee
shall relieve him of all obligation as to the distribution of such com
pensation so paid. The distribution by the personal representative
of the compensation paid to him by the employer shall be made pur
suant to the order of the court appointing him.
Compensation g Ec. 8. The amount of compensation which shall be paid to the
for injuries.
employee for an injury not resulting in death shall be:
Medical, etc., (a) The employer shall provide necessary first aid medical, surgical
services.
and hospital services; also medical, surgical and hospital services for
a period not longer than eight weeks, not to exceed, however, the
amount of $200.00. The employee may elect to secure his own phy
sician, surgeon or hospital services at his own expense.
Total disability, (b) If the period of temporary total incapacity for work lasts for
more than six working days, compensation equal to one-half the earn
ings, but not less than $5.00 nor more than $12.00 per week, beginning
on the eighth day of such temporary total incapacity, and continuing as
long as the temporary total incapacity lasts, but not after the amount of
compensation paid equals the amount which would have been payable
as a death benefit under paragraph (a), section 7, if the employee had
died as a result of the injury at the time thereof, leaving heirs surviv
ing as provided in said paragraph (a), section 7.
Disfigurement.
(c) For any serious and permanent disfigurement to the hands, head
or face, the employee shall be entitled to compensation for such dis
figurement, the amount to be fixed by agreement or by arbitration in
accordance with the provisions of this act, which amount shall not
exceed one-quarter of the amount of the compensation which would
have been payable as a death benefit under paragraph (a), section 7 ,
if the employee had died as a result of the injury at the time thereof,
leaving heirs surviving, as provided in said paragraph (a), section 7 :
Provided, That no compensation shall be payable under this paragraph
where compensation is payable under paragraphs (d), (e) or (f) of this
section.
Pemumcgtpar- (d) If, after the injury has been sustained, the employee as a result
tiai disability,
thereof becomes partially, though permanently incapacitated from
pursuing his usual and customary line of employment, he shall, except
in the cases covered by the specific schedule set forth in paragraph (e)
of this section, receive compensation, subject to the limitations as to
time and maximum amounts fixed in paragraphs (b) and (h) of this
section, equal to one-half of the difference between the average amount
which he earned before the accident, and the average amount which
he is earning or is able to earn in some suitable employment or business
after the accident. In the event the employee returns to the employ
ment of the employer in whose service he was injured, the employee
shall not be barred from asserting a claim for compensation under this
act: Provided, Notice of such claim is filed with the industrial board
within eighteen months after he returns to such employment, and the
said board shall immediately send to the employer, by registered mail,
a copy of such notice.
Specific inju(e) For injuries in the following schedule, the employee shall receive
nes*
in addition to compensation during the period of temporary total in
capacity for work resulting from such injury, in accordance with the
provisions of paragraphs (a) and (b) of this section, compensation, for a
further period, subject to the limitations as to time and amounts fixed
in paragraphs (b) and (h) of this section^ for the specific loss herein
mentioned, as follows, but shall not receive any compensation under
any other provision of this act:
For the loss of a thumb, or- the permanent and complete loss of its
use, fifty per centum of the average weekly wage during sixty weeks;

APPENDIX— W O KK M EN’ s COMPENSATION LAWS— ILLINOIS.

229

For the loss of a first finger, commonly called the index finger, or the
permanent and complete loss of its use, fifty per centum of the average
weekly wage during thirty-five weeks;
For the loss of a secona finger, or the permanent and complete loss
of its use, fifty per centum of the average weekly wages during thirty
weeks;
For the loss of a third finger, or the permanent and complete loss
of its use, fifty per centum 01 the average weekly wage during twenty
weeks;
For the loss of a fourth finger, commonly called the little finger, or
the permanent and complete loss of its use, fifty per centum of the
average weekly wage during fifteen weeks;
The loss of the first phalange of the thumb, or of any finger, shall
be considered to be equal to the loss of 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: Provided, 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 the average weekly
wage during thirty weeks;
For the loss of one or more of the toes other than the great toe, fifty
per centum of the average weekly wage during ten weeks;
The loss of the first phalange of any toe shall be considered to be
equal to the loss of one-naif of such toe, and compensation shall be onehalf 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, or the permanent and complete loss of its use,
fifty per centum of the average weekly wage during one hundred and
fifty weeks;
For the loss of an arm, or the permanent and complete loss of its use,
fifty per centum of the average weekly wage during two hundred
weeks;
For the loss of a foot, or the permanent and complete loss of its use,
fifty per centum of the average weekly wage during one hundred and
twenty-five weeks;
For the loss of a leg, or the permanent and complete loss of its use.
fifty per centum of the average weekly wageduring one hundred ana
seventy-five weeks;
For the loss of the sight of an eye, fifty per centum of the average
weekly wage 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 dis
ability, to be compensated according to the compensation fixed by
paragraph (f) of this section: Provided, That these specific cases of
total and permanent disability shall not be construed as excluding
other cases.
(f) In the case of complete disability which renders the employee
t0“
wholly and permanently incapable of work, compensation equal to 50 m dlsablIityper cent of his earnings, but not less than $5.00, nor more than $12.00
per week, commencing on the day after the injury and continuing until
the amount paid equals the amount which would have been payable
as a death benefit under paragraph (a), section 7, if the employee had
died as a result of the injury at the time thereof, leaving heirs surviv
ing, as provided in said paragraph (a), section 7, and thereafter a pen
sion during life annually equal to 8 per cent of the amount which
would have been payable as a death benefit under paragraph (a), sec
tion 7, if the employee had died as a result of the injury at tie time
thereof, leaving neirs surviving, as provided in said paragraph (a),
section 7. Such pension shall not be less than $10.00 per month and
shall be payable monthly.
(g) In case death occurs as a result of the injury before the total of Subsequent
the payments made equals the amount payable as a death benefit,
then in case the employee leaves any widow, child or children, parents,
grandparents or other lineal heirs, entitled to compensation under sec
tion 7, the difference between the compensation for death and the sum

230

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

of the payments made to the employee shall be paid, at the option of
the employer, either to the personal representative or the beneficiaries
of the deceased employee and distributed, as provided in paragraph (f)
of section 7, but in no case shall the amount payable under this para
graph be less than $500.
Maximum ben- (h ) In no event shall the compensation to be paid exceed fifty per
efits’
centum of the average weekly wage or exceed twelve dollars per week
in amount; nor, except in cases of complete disability as defined above,
shall any payments extend over a period of more than eight years from
the date of the accident. In case an injured employee shall be incom
petent at the time when any right or privilege accrues to him under the
provisions of this act, a conservator or guardian may be appointed pur
suant to law, and may, on behalf of such incompetent, claim and exer
cise any such right or privilege with the same force and effect as if the
employee himself had been competent and had claimed or exercised
said right or privilege; and no limitations of time by this act provided
shall run so long as said incompetent employee is without a conservator
or guardian.
Time of pay- (|) All compensation provided for in paragraphs (b), (c), (d), (e) and
ments.
(f) 0f this section, other than cases of pension for life, shall be paid in
installments, at the same intervals at which the wages or earnings of
the employee were paid at the time of the injury, or u this shall not be
feasible, then the installments shall be paid weekly.
Lump sums.
s Ec. 9. Any employer or employee or beneficiary, who shall desire
to have such compensation, or any unpaid part thereof, paid in a lump
sum, may petition the industrial board, asking that such compensation
be so paid, and if upon proper notice to the interested parties and a
proper showing made before such board, it appears to the best interest
of the parties that such compensation be so paid, the board shall order
the commutation of the conpensation to an equivalent lump sum,
which commutation shall be an amount which wul equal the total sum
of the probable future payments capitalized at their present value upon
the basis of interest calculated at three per centum per annum with
annual rest: Provided, That in cases indicating complete disability
no petition for a commutation to a lump sum basis shall be entertained .
by the industrial board until after the expiration of six months from
the date of the injury, and where necessary, upon proper application
being made, a guardian, conservator or administrator, as the case may
be, may be appointed for any person under disability who may be
entitled to any such compensation, and an employer bound by the
terms of this act, and liable to pay such compensation, may petition
for the appointment of the public administrator, or a conservator, or
guardian where no legal representative has been appointed or is acting
for such party or parties so under disability: Provided, further, That if
the amount awarded as a lump sum settlement is not satisfactory to
either party, such party may reject the same within ten days after
notice of the award by filing his written rejection thereof with the said
board in which event compensation shall be payable in installments
as herein provided.
Compensation S ec. 10. The basis for computing the compensation provided for in
computed,how. Becti0ns 7 and 8 of the act shall be as follows:
(a) The compensation shall be computed on the basis of the annual
earnings which the injured person received as salary, wages or earnings,
if in the employment of the same employer continuously during the
year next preceding the injury.
(b) Employment by the same employer shall be taken to mean em
ployment Dy the same employer in the grade in which the employee
was employed at the time of the accident, uninterrupted by absence
from work due to illness or any other unavoidable cause.
(c) If the injured person has not been engaged in the employment of
the same employer for the full year immediately preceding the accident,
the compensation shall be computed according to the annual earnings
which persons of the same class in the same employment and same
location, (or if that be impracticable, of neighboring employments of
the same kind) have earned during such penod.
(d) As to employees in employments in which it is the custom to
operate throughout the working days of the year, the annual earnings.

APPENDIX— W O RK M EN 'S COMPENSATION LAWS— ILLINOIS.

231

if not otherwise determinable, shall be regarded as 300 times the aver
age daily earnings in such computation.
(e) As to employees in employments in which it is the custom to
operate for a part of the whole number of working days in each year,
such number, if the annual earnings are not otherwise determinable,
shall be used instead of 300 as a basis for computing the annual earnings:
Provided, The minimum number of days which shall be so used for the
basis of the year’s work shall be not less than 200. v
(J) In the case of injured employees who earn either no wage or less
than the earnings of adult day laborers in the same line of employment
in that locality, the yearly wage shall be reckoned^ according to the
average annual earnings ox adults of the same class in the sam£ (or if
that is impracticable men of neighboring) employments.
(g)#Earnings, for the purpose of this section, shall be based on the
earnings for the number of hours commonly regarded as a day’s work
for that employment, and shall exclude overtime earnings. The
earnings shall not include any sum which the employer has been
accustomed to pay the employee to cover any special expense entailed
on him by the nature of his employment.
(h) In computing' the compensation to be paid to any employee,
who, before the accident for which he claims compensation, was dis
abled and drawing compensation under the terms of this act, the com
pensation for each subsequent injury shall be apportioned according
to the proportion of incapacity and disability caused by the respective
injuries which he may have suffered.
(i) To determine tne amount of compensation for each installment
period, the amount per annum shall be ascertained pursuant hereto,
and such amount divided by the number of installment periods per
annum.
Sec. 11. The compensation herein provided, together with the proof ltavisions of this act, shall be the measure of the responsibility which the Mlityemployer has assumed for injuries or death that may occur to employees
in his employment subject to the provisions of this act. ♦
Sec. 12. An employee entitled to receive disability payments shall Medical exarnbe required, if requested by the employer, to submit himself at the matlon8,
expense of the employer for examination to a duly qualified medical
practitioner or surgeon selected by 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 first examination, and thereafter
at intervals not oftener than once every four weeks, which examination
shall be for the purpose of determining the nature, extent and probable
duration of the injury received by the employee, and for the purpose
of ascertaining the amount of compensation which may be due the em
ployee from time to time for disability according to the provisions of
this act: Provided, however, That such examination shall be made
in the presence of a duly qualified medical practitioner or surgeon
provided and paid for by the employee if such employee so desires.
If the employee refuses so to submit himself to examination or un
necessarily obstructs the same, his right to compensation payments
shall be temporarily suspended until such examination shall have taken
place, and no compensation shall be payable under this act for such
period.
Sec. 13. There is hereby created a board which shall be known as induBtria!
the industrial board, to consist of three members to be appointed by l)oara‘
the governor, by and with the consent of the senate, one of whom shall
be a representative citizen of the employing class operating under this
act, and one of whom shall be a representative citizen chosen from
among the employees operating under this act, and one of whom shall
be a representative citizen not identified with either the employing or
employee classes, and who shall be designated by the governor as
chairman. Appointment of members to places on#the first board, or
to fill vacancies on said board may be made during recesses of the
senate, but shall be subject to confirmation by the senate at the next
ensuing session of the legislature. The term of office of members of
this board shall be six years, except that when first constituted one
six years. ThereSber one member shall be appointed every second

232

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

year for the full term of six years. Not more than two members of the
board shall belong to the same political party.
Salaries.
S ec. 14. The salary of each of the members of the board so appointed
by the governor shall be $4,000 per year. The board shall appoint a
secretary and shall employ such assistants and clerical help as may be
Seal.
necessary. The board shall provide itself with a seal for the authentica
tion of its orders, awards, and proceedings^ upon which shall be in
scribed the words “ Industrial board—Illinois—Seal.”
Jurisdiction.
S ec. 15. The industrial board shall have jurisdiction over the oper
ation and administration of this act, and said board shall perform all
the duties imposed upon it by this act, and such further duties as may
herafter be imposed by law and the rules of the board not inconsistent
therewith.
Powers.
S ec. 16. The board may make rules and orders for carrying out the
duties imposed upon it by law, which rules and orders shall be deemed
prima facie reasonable and# valid; and the process and procedure
before the board shall be as simple and summaryas reasonably may be.
The board or any member thereof shall have the power to administer
oaths, subpoena and examine witnesses, and to examine and inspect
such books, papers and records, places or premises as may relate to
questions in dispute.
Blanks and rec- g EC. 17. The board shall cause to be printed and furnish free of
charge upon request by any employer or employee such blank forms
as it shall deem requisite to facilitate or promote the efficient adminis
tration of this act, and the performance of the duties of the board; it
shall provide a proper record in which shall be entered and indexed the
name of any employer who shall file a notice of decimation or with
drawal under this act, and the date of the filing thereof; and a proper
record in which shall be entered and indexed the name of any employee
who shall file such a notice of declination or withdrawal, and the date
of the filing thereof; and such other notices as may be required by the
terms and intendment of this act; and records in which shall be
recorded all proceedings, orders and awards had or made by the board,
or by the arbitration committees, and such other books or records as it
shall deem necessary, all such records to be kept in the office of the
board.
Disputes.
S ec. 18. All questions arising under this act, if not settled by agree
ment of the parties interested therein, shall, except as otherwise pro
vided, be determined by the industrial board.
Arbitration.
S ec. 19. Any disputed questions of law or fact upon which the em
ployer and employee or personal representative can not agree, shall be
determined as nerein provided.
(a) It shall be the duty of the industrial board, upon notification that
the parties have failed to reach an agreement, to notify both. parties to
appoint their respective representatives on a committee of aroitration.
The board shall designate one of its members or an agent appointed by
it and at its expense to act as chairman, and if either party fails to ap
point its member on the committee within seven days after notification
as above provided, the board shall appoint a person to fill the vacancy
and notify the parties to that effect, and the reasonable expenses of the
person so appointed to fill the vacancy shall, after approval by the
board, be taxed as costs against the party who failed to appoint its
member on such committee.
(b) The committee of arbitration shall make such inquiries and in
vestigations as it shall deem necessary, and may examine and inspect
all books, papers, records, places or premises relating to the questions
in dispute. The hearings of the committee shall be held in the vicinity
where the injury occurred, after ten days' notice of tlie time and place
of such hearing shall have been given to each of the parties, and the
decision of the committee shall be filed with the industrial board,
which board shall immediately send to each party a copy of such
decision, together with a notification of the time when it was filed, and
unless a petition for a review is filed with the board by either party
within fifteen days after the receipt by said party of the copy of such
decision and notification of time when filed, and unless such party
etitioning for review shall, within twenty days of the filing of such
ecision, file with the board either an agreed statement of the facts

APPENDIX— W O RK M E N ’ S COMPENSATION LAWS— ILLINOIS.

233

appearing upon the hearing before the committee of arbitration, or, if
such party shall so elect, a correct stenographic report of the proceedings
at such hearing, then the decision shall be entered of record as the
decision of the industrial board: Provided, That such industrial board
may, for sufficient cause shown, grant further time in which to petition
for such review or to file such agreed statement or stenographic report.
An agreed statement of facts or correct stenographic report, as the case
may be, shall be authenticated by the signatures of the parties or their
attorneys and in the event thev do not agree as to the correctness of
the stenographic report it shall be authenticated by the signature of
the chairman of the committee of arbitration.
(c) The industrial board may appoint, at its expense, a duly qualified, Physician,
impartialphysician, to examine the injured employee and report to the
board. The fee for this service shall not exceed five dollars and travel
ing expenses, but the board may allow additional reasonable amounts
in extraordinary cases. The fees and the payment thereof of all attor
neys and physicians for services authorizedby the board under this act,
shall, upon request of either the employer or the employee or the beneficiarv affected, be subject to the review and decision of the industrial
board.
(d) If any employee shall persist in insanitary or injurious practices Refusing medt
which tend to either imperil or retard his recovery or shall refuse to submit to such medical or surgical treatment as is reasonably essential to
promote his recovery, the board may, in its discretion, reduce, or sus
pend the compensation of any such injured employee.
(e) If a petition for review, and agreed statement of facts or steno- Review,
graphic report is filed, as provided herein, the industrial board shall
promptly review the decision of the committee of arbitration and the
facts as they appear from the said statement of facts or stenographic
report, and shall also, if desired, hear the parties, together with such
additional evidence as they may wish to submit. After such hearing
upon review, the board shall announce and file in its office its decision
thereon and shall immediately send to each party a copy of such de
cision, together with a notification of the time when it was filed. Such
review and hearing may be held in its office, or elsewhere, as the board
shall deem advisable. Any party may, within twenty days of the
receipt by it of notice of the board’s decision or within such further
time as the board may grant, file with the board either an agreed state
ment of the facts appearing upon the hearing, or, if such party shall so
elect, a correct stenoghiphic report of the proceedings at the hearing,
such statement of facts or stenographic report to be authenticated by
the signatures of the parties or their attorneys, and in the event they do
not agree then the authentication shall be by the signature of the chair
man of tfye Board. The statement of facts or stenographic report of the
proceedings on the hearings before either the committee of arbitration
or the industrial board shall upon filing as hereinbefore provided, be
come part of the record of the proceedings of said board.
(f) The decision of the industrial board, acting within its powers, Decisions conaccording to the provisions of paragraph (e) of this section, ana of the clusim
committee of arbitration, where no review is had and its decision
becomes the decision of the industrial board in accordance with the
provisions of this section, shall, in the absence of fraud be conclusive,
but the supreme court shall have power to review questions of law in- Reference to
volved in any such decision: Provided, That application is made by 00
the aggrieved party within thirty days after notice given to him of such
decision or within thirty days after the expiration of the time allowed
for filing the agreed statement of facts or stenographic report with said
board, by certiorari, mandamus or by any other method permissible
under the rules and practices of said court or the laws of this State.
The decision of any two members of a committee of arbitration, or of
the industrial board, shall be considered the decision of such com
mittee or board, respectively.
(g) Either party may present a certified copjr of the decision of the Court to render
industrial board, when no proceedings for review thereof have been judgment,when,
taken, or of the decision of such committee of arbitration when no
claim for review is made, or of the decision of the industrial board after
hearing upon review, providing for the payment of compensation

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

according to this act, to the circuit court of the county in which such
accident occurred, whereupon such court shall render a judgment in
accordance therewith; and in cases where the employer does not insti
tute proceedings for review of the decision of the industrial board and
refuses to pay compensation according to the award upon which such
judgment is entered, the court shall, in entering judgment thereon, tax
as costs against him the reasonable costs and attorney fees in the arbi
tration proceedings and in the court entering the judgment, for the
person in whose favor the judgment is entered; which judgment, and
costs, taxed as herein provided, shall, until and unless set aside, have
the same effect as though duly rendered in an action duly tried and
determined by said court, and shall, with like effect, be entered and
docketed. The circuit court shall have power at any time, upon applica
tion, to make any such judgment conform to any modification required
by any subsequent decision of the supreme court upon appeal, or as the
result of any subsequent proceedings for review as provided in this act.
Judgment shall not oe entered until fifteen days’ notice of the time and
place of the application for the entry of judgment shall be served upon
the employer by filing such notice with the industrial board; which
board s^all, in case it has on file the address of the employer or the
name and address of its agent upon whom notices may be served, imme
diately send a copy of the notice to the employer or such designated
agent; and no judgment shall be entered in the event the employer
snail file with tne said board its bond with good and sufficient surety in
double the amount of the award conditioned upon the payment of said
award in the event the said employer shall fail to prosecute with effect
proceedings for review of the decision or the said decision upon review
shall be affirmed.
of (h) An agreement or award under this act, providing for compensa
tion in installments, may at any time witnin eighteen months after
such agreement or award, be reviewed by the industrial board at the
request of either the employer or the employee on the ground that the
disability of the employee has subsequently recurred, increased, di
minished or ended; and on such review compensation payments
may be reestablished, increased, diminished or ended: Provided,
That the board shall give fifteen days’ notice to the parties of the
hearing for review: And, provided further, Any employee, upon any
petition for such a review being filed by the employer, snail be entitled
to one day’s notice for each one hundred miles necessary to be traveled
by him in attending the hearings of the board upon said petition, and
three days’ in addition thereto, and such employee shall, at the dis
cretion of the board, also be entitled to five cents per mile necessarily
traveled by him in attending such hearing, not to exceed a distance of
300 miles, to be taxed by the board as costs and deposited with the
petition of the employer.
(i) Each party, upon taking any proceedings or steps whatsoever,
before any committee of arbitration, industrial board or court, shall
file with the industrial board his address or the name and address of an
agent upon whom all notices to be given to such party shall be served
either personally or by registered mail addressed to such party or agent
at the last address so filed with the industrial board: Provided, That in
the event such party has not filed his address or the name and address
<if an agent as above provided, service of any notice may be had by
liling such notice with the industrial board.
S of
g EC. 20. The industrial board shall report in writing to the governor
on the 30th day of June, annually, the details and results of its admin
istration of this act, in accordance with the terms of this act, and may
prepare and issue such special bulletins and reports from time to time
as in the opinion of the board seems advisable.
ex- Sec. 21. No payment, claim, award or decision under this act shall be
assignable or subject to any lien, attachment or garnishment, or be held
liable in any way for any lien, debt, penalty or damages. In case of
insolvency of the employer, every decision of the industrial board for
compensation under this act shall, upon the filing of a certified copy of
the decision with the recorder of deeds of a county, constitute a fien
upon all property of the employer within said county, paramount to all
other claims, or uens except for wages and taxes, ana mortgages or trust

APPENDIX— W O B K M E N ’ s COMPENSATION LAWS— ILLINOIS.

235

deeds and such liens shall be enforced by order of the court. Any
right to receive compensation hereunder snail be extinguished by the
death of the person or persons entitled thereto, subject to the provisions
of this act relative to compensation for death received in the course of
employment.
S e c. 22. Any contract or agreement made by any employer or his Agreements in
agent or attorney with any employee or any other beneficiary of any seven ays*
claim under the provisions of this act within seven days after the injury
shall be presumed to be fraudulent.
S ec. 23. No employee, personal representative, or beneficiary shall Waivers,
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, per
sonal representative or beneficiary nereunaer except after approval by
the industrial board.
S ec. 24. No proceedings for compensation under this act shall be Notice,
maintained unless notice of the accident has been given the employer
as soon as practicable, but not later than 30 days after the accident. In
cases of mental incapacity of the employee, notice must be given within
six months after sucn accident. No defect or inaccuracy of such notice
shall be a bar to the maintenance of proceedings by arbitration or other
wise by the employee, unless the employer proves that he is unduly
prejudiced in such proceedings by such defect or inaccuracy. Notice
of the accident shall in substance apprise the employer of the claim of
compensation made and shall state the name and address of the em
ployee injured, the approximate date and place of the accident, if
tnown, and in simple language the cause thereof; which notice may be
served personally or by registered mail, 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 compensation to give such
notice shall not relieve the employer from his liability for such com
pensation, when the facts and circumstances of sucn accident are
known to such employer, his agent or vice principal in the enterprise.
No proceedings for compensation under this act shall be maintained
unless claim for compensation has been made within six months after Claims,
the accident, or in the event that payments have been made under
the provisions of this act, unless written claim for compensation has
been made, within six months after such payments have ceased.

Sec. 25. Any employer against whom liability may exist for compensation under tins act may, with the approval of the industrial
board, be relieved therefrom by:

Employers’ op

ns*

(a) Depositing the commuted value of the total unpaid compensa
tion for which such liability exists, computed at three per centum per
annum in the same manner as provided in section 9, with the State
treasurer, or county treasurer in the county where the accident hap
pened, or with any State or national bank or trust company doing
business in this State, or in some other suitable depository approved
by the industrial board: Provided, That any such depository to
which such compensation may be paid shall pay the same out in in
stallments as in this act provided, unless such sum is ordered paid in,
and is commuted to, a lump sum payment in accordance with the
provision of this act.
(b) By the purchase of an annuity, in an amount of compensation
due or computed, under this act within the limitation provided by
law, in any insurance company granting annuities and licensed or per
mitted to do business in this State, which may be designated by the
employer, or the industrial board.
S ec. 26. (a) An employer who elects to provide and pay the com- Guaranty
pensation provided for in this act shall within ten (10) days of receipt paymen
by the employer of a written demand by the industrial board ( 1) file
with the board a sworn statement showing his financial ability to pay
the compensation provided for in this act, normally “required to be
paid, or (2) furnish security, indemnity or a bond guaranteeing the
payment by the employer of the compensation provided for in this
act, normally required to be paid, or (3) insure to a reasonable amount
his normal liability to pay such compensation in some corporation,
association or organization authorized, licensed or permitted to do
such insurance business in this State, or (4) make some other provision

236

BULLETIN OF TH E BUREAU OP LABOR STATISTICS.

for the securing of the payment of compensation provided for in this
act, normally required to be paid, and shall within twenty (20) days
of the receipt of such written demand furnish to the board evidence of
his compliance with one of the above alternatives: Provided, That
the sworn statement of financial ability, or security, indemnity or
bond, or amount of insurance or other provision, filed, furnished, car
ried or made by the employer, as the case may be, shall be subject to
the approval of the board, upon the approval of which the board shall
send to the employer written notice of its approval thereof: And, pro
vided, further, That demand shall not be made upon the employer by
the board oftener than once in any calendar year.
Liability
in (&) i f no sworn statement or no security, indemnity or bond, or no
anty106
*****" insurance is filed, furnished or carried, or other provision made by the
employer within ten (10) days of receipt by the employer of the written
demand provided for in paragraph (a), or if the statement, security,
indemnityj bond or amount of insurance filed, furnished or carried, or
other provision made by the employer, as provided in paragraph (a),
shall not be approved by the board, and written notice of such non
approval shall fee given to the employer and the employer shall not
comply with one of the alternatives of paragraph (a) of this section
within ten (10) days after the receipt by the employer of such written
notice of nonapproval, then the employer shall De liable for compen
sation to any injured employee or his personal representative, accord
ing to the terms of this act, or for damages in the same manner as if the
employer had elected not to accept this act, at the option of such em
ployee or his personal representative: Provided, Sucn option is exer
cised and written notice thereof is given to the employer within thirty
days after the accident to such employee, otherwise the employer shall
be liable only for the compensation payable according to the provisions
of this act: And, provided, further, That if at any time thereafter the
employer shall comply with any of the alternatives of paragraph (a),
then as to all accidents occurring after the said compliance, the em
ployer shall only be liable for compensation according to the terms of
this act.
“ form al

lia-

bllity’

(c) “ Normal liability” and “ normally required to be paid,” whenever used herein, shall be measured by the experience, if any, of the
said employer during the two years preceding the demand by the
board, and if there is no such individual basis of experience, then by
the general experience in the same industry, business, occupation or
enterprise in the same neighborhood during the same period.

S ec. 27. (a) This act shall not affect or disturb the continuance of any
existing insurance, mutual aid, benefit, or relief association or depart
ment, whether maintained in whole or in part by the employer or
whether maintained by the employees, the payment of benefits of such
association or department being guaranteed by the employer or by
some person, firm or corporation for him: Provided, The employer con
tributes to such association or department an amount not less than the
full compensation herein provided, exclusive of the cost of the mainte
nance of such association or department and without any expense to the
employee. This act shall not prevent the organization and maintain
ing under the insurance laws of this State of any benefit or insurance
company for the purpose of insuring against the compensation provided
for in this act, the expense of which is maintained by the employer.
This act shall not prevent the organization or maintaining under the
insurance laws of this State of any voluntary mutual aid, benefit or relief
association among employees for the payment of additional accident or
sick benefits.
(b) No existing insurance, mutual aid, benefit or relief association or
department shall, by reason of anything herein contained, be author
ized to discontinue its operation without first discharging its obliga
tions to any and all persons carrying insurance in the same or entitled
to relief or benefits therein.
Costs on em- (c) Any contract, oral, written or implied, of employment providing
plover.
for relief benefit, or insurance or any other device whereby the em
ployee is required to pay any premium or premiums for insurance
against the compensation provided for in this act shall be null and void,
and any employer withholding from the wages of any employee any
insurance, etc.

APPENDIX— W O R K M E N S COMPENSATION LAWS— ILLINOIS*

237

misdemeanor an^fmnishabte by a ime of not less than ten (follara nor
more than one thousand dollars, or imprisonment in the county jail for
not more than six months, or both, in the discretion of the court.
Sec. 28. Any person, who shall become entitled to compensation Subrogation of
under the provisions of this act, shall, in the event of his inability to emp oyees*
recover such compensation from the employer on account of his insol
vency, be subrogated to all the rights of such employer against any in
surance company, association or insurer which may have insured such
employer against loss growing out of the compensation required by the
provisions of this act to be paid by such employer, and, in such event
only, the said insurance company, association, or insurer shall become
primarily liable to pay to the employee or his personal representative
the compensation required by the provisions o f this act to be paid by
such employer.
Sec. 29. Where an injury or death for which compensation is payable Liabflity
of
by the employer under this act was not proximately caused by the neg- t
persolls*
ligence of the employer or his employees, and was caused under circum
stances creating a legal liability for damages in some person other than
the employer to pay damages, such other person having also elected to
be bound by this act, then the right of the employee or personal repre
sentative to recover against such other person snail be subrogated to his
employer and such employer may bring legal proceedings against such
other person to recover the damages sustained, in an amount not exceed
ing the aggregate amount of compensation payable under this act, by
reason of the injury or death of such employee. Where the injury or
death for which compensation is payable under this act was not proxi
mately caused by the negligence of the employer or his employees and
was caused under circumstances creating a legal liability for damages
on the part of some person other than the employer to pay damages, such
other person having elected not to be bound by this act, then legal pro
ceedings may be taken against such other person to recover damages
notwithstanding such employer’s payment of or liability to pay com
pensation under this act, but in such case if the action against such
other person is brought by the injured employee or his personal repre
sentative and judgment is obtained and paid, or settlement is made
with such other person, either with or without suit, then from the
amount received oy such employee or personal representative there
shall be paid to the employer the amount of compensation paid or to be
paid by him to such employee or personal representative: Provided,
That if the injured employee or his personal representative shall agree
to receive compensation from the employer or to institute proceedings
to recover the same or accept from the employer any payment on
account of such compensation, such employer shall be subrogated to
all the rights of such employee or personal representative and may
maintain, or in case an action has already been instituted, may con
tinue an action either in the name of the employee or personal repre
sentative or in his own name against such other person for a recovery of
damages to which but for this section the said employee or personal
representative would be entitled, but such employer shall never
theless pay over to the injured employee or personal representative all
sums collected from such other person by judgment or otherwise in
excess of the amount of such compensation paid or to be paid under
this act and all costs, attorneys’ fees and reasonable expenses incurred
by such employer in making such collection and enforcing such lia
bility.
Sec. 30. It shall be the duty of every employer within the provisions
**
of this act to send to the industrial board in writing an immediate reporte<1*
report of all accidental 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 the 25th of each month
to the industrial board all accidental injuries for which compensation
has been paid under this act, which injuries entail a loss to the em
ployee of more than one week’s time, and in case the injury results in
ermanent disability, a further report shall be made as soon as it is
etermined that such permanent disability has resulted or will result
from such injury. All reports shall state the date of the injury, includ-

238

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

ing ike time of day or night, the nature of the employer’s business, the
name, address, the age, sex, conjugal condition of the injured person,
tlie specific occupation of the injured person, the direct cause of the
injury and the nature of the accident, the character of the injury, tlie
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 physicians’, surgeons’ and hospital bills, ana by whom paid, and
the amount paid for funeral or bunal expenses, if known. The making
of reports as provided herein shall release the employer covered by the
provisions o f this act from making such reports to any other officer of
the State.
Contractors.
sEc. 31. Any person, firm or corporation, who undertakes to do or
contracts with others to do, or have done for him, them or it, any work
enumerated as extrahazardous in paragraph (b) in section 3, requiring
employment of employees in, on or about the premises where he, they
or it as principal or principals, contract to do such work or any part
thereof, and does not require of the person, firm or corporation under
taking to do such work for said principal or principals, that such person,
firm or corporation undertaking to do such work shall insure his, their
or its liability to pay the compensation provided in this act to his, their
or its employees and any sucn person, firm or corporation who creates
Fraud.
or carries into operation any fraudulent scheme, artifice or device to
enable him, them or it to execute such work without such person, firm
or corporation being responsible to the employee, his personal repre
sentative or beneficiary entitled to such compensation under the pro
visions of this act, such person, firm or corporation shall be included in
the term “ employer” and with the immediate employer shall be
jointly and severally liable to pay the compensation herein provided
for and be subject to all the provisions of this act.
Existing rights Sec. 32. No right of action for damages, at common law or under any
of action.
other statute, existing at the time of the taking effect of this act, shall
be affected by this act.
if act uncon- If the provisions of this act relating to compensation for injuries to or
stitutionai, what. death of employees shall be repealed or adjudged invalid or unconstitu
tional, the period intervening between the occurrence of an injury or
death and such repeal or final adjudication of invalidity, shall not be
computed as a part of the time limited by law for the commencement
of any action relating to such injury or death, but the amount of any
compensation which may have been paid for any such injury shall be
deducted from any judgment for damages recovered on account of such
injury. Any claim, disagreement or controversy existing or arising
under **an act to promote the general welfare of the people of this State,
by providing compensation for accidental injuries or death suffered in
the courseof employment,” approved June 10,1911, inforce May 1,1912,
shall be adjusted in accordance with the provisions of said act, notwith
standing tne repeal thereof, or may by agreement of the parties, be ad
justed in accordance with the method of procedure provided in this act
for the adjustment of differences, jurisdiction to adjust such differences
so submitted by the parties being hereby conferred upon the indus
trial board or committee of arbitration provided for in this act.
Violations.
Sec. 33. Any willful neglect^ refusal, or failure to do the things re
quired to be done by any section, clause, or provision of this act, on
tne part of the persons herein required to do them, or any violation of
any of the provisions or requirements hereof, or any attempt to obstruct
or interfere with any court officer, or any other person charged with
the duty of administering or enforcing the provisions of this act, shall
be deemed a misdemeanor, punishable by a fine of not less than $10
nor more than $500 at the discretion of the court,
invalid it v of gEc. 34. The invalidity of any portion of this act shall in no way
part of act.
affect the validity of any other portion thereof which can be given
effect without such invalid part.
Repealer.
gEc. 35. That an act to promote the general welfare of the State of
Illinois by providing compensation for accidental injuries or death
suffered in tne course of employment, approved June 10 1911 in force
May 1,1912, be, and the same his erebv repealed.
Approved June 28, 1913.

APPENDIX— W O R K M E N 'S COMPENSATION LAWS— IOWA.

239

IOWA,
ACTS OF 1913.
Chapter, 147.—Compensation of workmenfor injuries.
S e ctio n 1. (a) Except as by this act otherwise provided, it shall E l e c t i o n of
be conclusively presumed that every employer as defined by this act p ^ m e d 1
has elected to provide, secure and pay compensation according to the
terms, conditions, and provisions of this act for any and all personal
injuries sustained by an employee arising out of and in the course of
the employment; and in such cases the employer shall be relieved from
other liability for recovery of damages or other compensation for such Effect,
personal injury, unless by the terms of this act otherwise provided;
but this act shall not apply to any household or domestic servant,
farm or other laborer engaged in agricultural pursuits, nor persons
whose employment is of a casual nature.
(b) Where the State, county, municipal corporation, school district, Compulsory as
cities under special charter and commission form of government is the municipalities,
employer, the terms, conditions and provisions of this act for the pay
ment of compensation and amount thereof for such injury sustained
by an employee of such employer shall be exclusive, compulsory and
obligatory upon both employer and employee.
(cl An employer having the right under the provisions of this act Defenses abroto elect to reject the terms, conditions and provisions thereof and in ga '
such case exercises the right in the manner and form by this act pro
vided, such employer shall not escape liability for personal injury
sustained by an employee of such employer when the injury sustained
arises out of and in the usual course of the employment Decause—
(1) The employee assumed the risks inherent in or incidental to or
arising out of his or her employment; or the risks arisingfrom the failure
of the employer to provide and maintain a reasonably safe place to work,
or the risks arising from the failure of the employer to furnish reasonably
safe tools orappliances, or because the employer exercised reasonable
care in selecting reasonably competent employees in t he business.

(2} That the injury was caused by the negligence of the coemployee.

(3) That the employee was negligent unless and except it shall appear
that such negligence was willful and with intent to cause the injury; or
the result of intoxication on the part of Jon] the injured party.
(4) In actions by an employee against an employer for personal Suits,
injury sustained arising out of and in the course of the employment
where the employer has elected to reject the provisions of this act, it
shall be presumed that the injury to the employee was the direct result
and growing out of the negligence of the employer; and that such negli
gence was the proximate cause of the injury; and in such cases the buraen of proof shall rest upon the employer to rebut the presumption of
negligence.
Every such employer shall be conclusively presumed to have elected Elee t ion to
to provide, secure and pay compensation to employees for injuries sus- re^
*
tained arising out of and in the course of the employment according to
the provisions of this act, Unlessand until notice in writing of an election
to tne#contrary shall have been given to the employees by posting the
same in some conspicuous place at the place where the business is car
ried on, and also by filing notice with the Iowa industrial commissioner
with return thereon by affidavit showing the date that notice was posted
as by this act provided: Provided, however, That any employer beginof his desire not to come urSer the provisions of Sis* act, shall not be
considered as under the act: Provided, however, That such employer
shall not be relieved of the payment of compensation as by this act pro
vided until thirty days after the filing of such notice with the Iowa
industrial commissioner, which notice shall be substantially in the
following form:
em ployers ’ notice to reject .

To the employees of the undersigned, and the Iowa Industrial Commissioner:
You and each of you are hereby notified that the undersigned rejects Form of notice,
the terms, conditions and provisions to provide, secure and pay com

240

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

pensation to employees of the undersigned for injuries received as pro
vided in the acts of the (--------) general assembly known as chapter
(--------) and elects to pay damages for personal injuries received by
such employee under the common law ana statutes of this State modified
by subdivisions one, two, three and four of section one, chapter (-------- )

of the acts of the (--------) general assembly and acts amendatory
thereto.
S i g n e d ----------------State of Iowa,
--------County, ss.
The undersigned being first duly sworn deposes and says that a true,
correct and verbatim copy of the foregoing notice was on the----- day
0f -------- 9 19----- ? posted a t----------------- . (State fully place where
posted.)
^Subscribed and sworn to before me by------------------ this------ day
Notary Public.
The employer shall keep such notice posted in some conspicuous
place which shall apply to the employees subsequently employed by
the employer with the same force ana effect ana to the same extent
and in like manner as employees in the employ at the time the notice
was riven.
implied agree- Where the employer and employee have not given notice of an eleement.
tion to reject the terms of this act, every contract of hire express or
implied, shall be construed as an implied agreement between them
and a part of the contract on the part of the employer to provide,
secure and pay, and on the part of the employee to accept compensa
tion in the manner as by this act provided for all personal injuries sus
tained arising out of and in the course of the employment.
Notice to
posted.

No jompensation,when.

Sec. 2. No compensation under this act shall be allowed for an incaused:

(a) By the employee’s willful intention to injure himself or to will
fully injure another; nor shall compensation be paid to an injured em
ployee if injury is sustained where intoxication of the employee was
the proximate cause of the injury.
Remedies ex- S ec. 3. (a) The rights and remedies provided in this act for an emciusive.
ployee on account of an injury shall be exclusive c l a ll other rights
and remedies of such employee, his personal or leg;*! representatives,
dependents or next of kin, at common law or otherwise on account ol
such injury; and all employees affected by this act shall be conclu
sively presumed to have elected to take compensation in accordance
with the terms, conditions and provisions of this act until notice in
writing shall have been served upon his employer; and also on the Iowa
industrial commissioner, with return thereon by affidavit showing the
the date upon which notice was served upon the employer.
Rejection of act (b) In the event such employee elects to reject the terms, conditions
by employee.
and provisions of this act, the rights and remedies thereof shall not
apply where an employee brings an action or takes proceedings to
recover damages or compensation for injuries received growing out of
and in the course of his employment, except as otherwise provided by
this act; and in such actions where the employee has rejected the terms
of this act the employer shall have the right to plead and rely upon any
and all defenses including those at common law, and the rules and
defenses of contributory negligence, assumption of risk and fellow ser
vant shall apply and be available to the employer as by statute author
ized unless otherwise provided in this act: Provided, however, That if
an employee sustains an injury as the result of the employer’s failure
to furnish or failure to exercise reasonable care to keep or maintain any
safety device required by statute or rule, or violation of any of the
statutory provisions or rules and regulations now or hereafter in force
relating to safety of employees, the doctrine of assumed risk in such
case growing out of the negligence of the employer shall not apply or
be available as defensive matter to such offending party. The notice
required to be given by an employee shall be substantially in the fol
lowing form:

APPENDIX---- W O R K M E N 'S COMPENSATION LAWS— IOWA.
e m p l o y e e ’s

n o t ic e

r eje ct

241

T o----------------- and the Iowa Industrial Commissioner:
(Name of employer)

You and each of you are hereby notified that the undersigned hereby
elects to reject the terms, conditions and provisions of an act for the
payment of compensation as provided by tne acts of the (-------- ) gen
eral assembly and acts amendatory thereto, and elects to rely upon the
common law as modified by section three of the acts of the (--------)
general assembly for the right to recover for personal injury which I
may receive, if any, growing out of and arising from the employment
while in line of duty for my employer above named.
Dated this----- day o f--------- , 19----- .
S i g n e d ----------------State of Iowa,
-------- County.J88*
The undersigned being first duly sworn deposes and says that the
written notice was on th e----- day o f --------- , 19----- , served on the
within named employer of the undersigned by delivering t o --------------- a true, correct, and verbatim copy thereof.

of notice,

(Name of

served.)

Subscribed and sworn (or affirmed) to before me by the said-----------------this------ day o f---------, 19----- .
Notary Public.
In any case where an employee or one who is an applicant for em- formation reployment elects to reject the terms, conditions, and provisions of this q
act, he shall, in addition to the notice required by subdivision (b) of
section 3 of this act, state in an affidavit to be filed with said notice
who, if any person, requested, suggested, or demands of such person
to exercise tne right to reject the provisions of this act. And if re
quest, suggestion, or demand has been made of such employee by any
person, such employee shall give and state the name of the person
who made the request, suggestion, or demand, and all of the circum
stances relating thereto, the date and place when and where made, and
persons present, and if it be found that the employer of such employee,
or an employer to whom an applicant for employment, or any person a
member of the firm, association, corporation, or agent or official of such
employer, made a request, suggestion, or demand of such employee or
applicant for employment to reject the terms, conditions and provi
sions of this act, such request, suggestion, or demand if made under
such conditions, shall be conclusively presumed to have been sufficient
to have unduly influenced such employee or an applicant for employ
ment to exercise the right to reject the terms of this act, and the rejec
tion made under such circumstances shall be conclusively presumed to
have been procured through fraud and thereby fraudulently procured,
and such rejection shall be nul and void and of no effect.
No person interested in the business of such employer, financially Administration
or otherwise, shall be permitted to administer the oath to the affidavit
required in case as [anj employee or applicant for employment elects to
exercise the right to reject the provisions of this act. And the person
administering such oath in making such affidavit, shall carefully read
the notice and'affidavit to such person making such rejection, and shall
explain that the purpose of the notice is to bar such person from recov
ering compensation in accordance with the schedule and terms of this
act in the event that he sustains an injury in the course of such employ
ment. All of which shall be shown by certificate of the person admin
istering the oath herein contemplated. The Iowa industrial com
missioner, or any person acting for such commissioner, shall refuse to
file the notice and affidavit, unless such notice, affidavit and certificate
fully, and in detail, comply with the requirements hereof. And if
such rejection, affidavit and certificate is found insufficient for any
cause, shall be returned by mail or otherwise to the person who exe
cuted the instrument.
30597°—Bull. 126—14----- 16

242
R ejection

BULLETIN OF THE BUBEAU OF LABOB STATISTICS.
in

force’

Waiver.

Sec. 4. (a) When the employer or employee has given notice in
compliance with this act electing to reject the terms thereof such elec
tion shall continue and be in force until such employer or employee
shall thereafter elect to come under the provisions of this act as is pro
vided in subdivision (b) of this section.

(b) When an employer or employee rejects the terms, conditions or pro
visions of this act, such party may at any time thereafter elect to waive
the same by giving notice in writing in the same manner required of
the party in electing to reject the provisions of the act and which shall
become effective when filed with the Iowa industrial commissioner.
by Sec. 5. Where the employer and employee elect to reject the terms,
botii parties.
conditions and provisions of this act, the liability of the employer shall
be the same as though the employee had not rejected the terms, con
ditions and provisions thereof.
Rejection after S ec. 6. An employer having come under this act, who thereafter
election.
elects to reject the terms, conditions and provisions thereof, shall not
be relieved from the payment of compensation to such employee who
sustains an injury in me course of the employment before tne election
to reject becomes effective; and in such cases the employer shall be
required to secure the payment of any compensation due or that may
become due to such workman, subject to the approval of the Iowa in
dustrial commissioner.
injuries caused gEc. 7. Where an employee coming under the provisions of this act
by tiurd parties. recejVes an injury for which compensation is payable under this act
and which injury was caused under circumstances creating a legal
liability in some person other than the employer, to pay damages in
respect thereof.
(a) The employee or beneficiary may take proceedings both against
that person to recover damages and against the employer for compen
sation, but the amount of the compensation to which he is entitled
under this act shall be reduced by the amount of damages recovered.
(b) If the employee or beneficiary in such case recovers compensa
tion under this act, the employer by whom the compensation was paid
or the party who has been called upon to pay the compensation, shall
be entitled to indemnity from the person so liable to pay damages as
aforesaid, and shall be subrogated to the rights of the employee to
recover therefor.
W aivers
bidden.

for-

N otice.

Sec. 8. No contract, rule, regulation or devic e whatsoever shall
operate to relieve the employer, m whole or in part, from any liability
created by this act except as herein provided.
Sec. 9. Unless the employer or representative of such employer shall

have actual knowledge of the occurrence of an 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
fifteen days of the occurrence of the injury, then no compensation shall
be paid until and from the date such notice is given or knowledge
obtained; but if notice is given or the knowledge obtained within thirty
days from the occurrence of the injury, no want, failure or inaccuracy
of anotice shall be a bar to obtaining compensation, unless the employer
shall show that he was prejudiced by such want, defect or inaccuracy,
and then only to the extent of sucn prejudice: Provided, That if the
employee or beneficiary shall show that his failure to give prior notice
was due to mistake, inadvertence, ignorance of fact or law, or inability,
or to the fraud, misrepresentation or deceit of another or to any other
reasonable cause or excuse, then compensation may be allowed, unless
and then to the extent only that the employer shall show that he was
prejudiced by failure to receive such notice: Provided, further,Unless
knowledge is obtained or notice given within ninety aayB after the
occurrence of the injury, no compensation shall be allowed. No form
of notice shall be required but may substantially conform to the follow
ing form:
Form .

FORM OP NOTICE.

T o----------------You are hereby notified that on or about th e----- day o f --------- ,
19----- , peisonal injury was sustained by -—~-----------—while in your

employ at •
(Give name of place employed and point
where located when injury occurred and that compensation will be
claimed therefor.)
Signed----------------

APPENDIX---- W O RK M E N ’ S COMPENSATION LAWS— IOWA.

243

but no variation from this form of notice shall be material if the notice
is sufficient to advise the employer that a certain employee, byname,
received an injury in the course of his employment on or about a speci
fied time at or near a certain place. Notice served upon one on
whom an original notice may be served in civil cases shall be a com
pliance with this act.
The notice required to be given to the employer may be served by
any person over sixteen jrears of age, who snail make return upon a
an^Pupon whom serve?, but no special formof the return of service of
the notice shall be required. It shall be sufficient if the facts there
from can be reasonably ascertained. The return of service may be
amended at any time.
Sec. 10. If any employee has not given notice to reject the terms. Compensation
conditions and provisions of this act, or has given such notice and pay ’ en*
waived the same as by this act provided^ ana the employer has not
rejected the terms, conditions and provisions of the act or has given
such notice and waived the same ana the employee receives a personal
injury arising out of and in the course of the employment, compensa
tion shall be paid as herein provided.
(a) The compensation provided for in this act shall be paid in accord- Amount,
ance with the schedule unless otherwise provided.
(b) At any time after an injury and until the expiration of two weeks Medical, etc.,
of incapacity, the employer, if so requested by the workman, or any expenses*
one for him, or if so ordered by the court or Iowa industrial commis
sioner, shall furnish reasonable surgical, medical and hospital services
and supplies, not exceeding one hundred ($100.00) dollars.

The employer shall in addition to any other compensation pay the
reasonable expense of the employee’s last sickness and burial not to
exceed one hundred ($100.00) dollars. If the employee leaves no
dependents this shall be the only compensation.
(d) If death results from the injury, the employer shall gay the
dependents of the employee wholly dependent upon his earnings for
support at the time or the injury, a weekly payment equal to fifty
(60%) per cent of his average weekly wages, but not more than ten
($10.00) dollars nor less than five ($5.00) dollars per week for a period
of three hundred (300) weeks.
(e) If the employee leaves dependents only partially dependent
upon his earnings for support at the time of the injury, the weekly
compensation to be paid as aforesaid shall be equal to the same pro
portion of the weekly payments for the benefit of persons whoUy
dependent as the amount contributed by the employee to such partial
dependents bear to the annual earnings of the deceased at the time of
the injury. When weekly payments have been made to an injured
employee before his death, the compensation to dependents shall begin
from the date of the last of such payments, but shall not continue more
than three hundred (300) weeks from the date of the injury.
(f) Where injury causes death to an employee, a minor, whose
earnings were received by the parent, the compensation to be paid
the parent shall be two-thirds (2-3) of the amount provided for pay
ment in subdivision “ D ” section “ 10.”
(g) No compensation shall be paid for an injury which does not
incapacitate me employee for a period of at least two weeks from earn
ing full wages; but if incapacity extends beyond a period of two weeks,
compensation shall begin on the fifteenth day after the injury.
(h) For injury producing temporary disability, fifty (50<fc) per cent
of the average weekly wages received at the time of injury, subject to a
maximum compensation of ten ($10.00) dollars and a minimum of five
($5.00) dollars per week: Provided, That if at the time of injury the
employee receives wages less than five ($5.00) dollars per week, then
he shall receive the full amount of wages per week. This compensa
tion shall be paid during the period of such disability, not, however,
beyond three hundred (300) weeks.
(i) For disability total in character and permanent in quality fifty
(50%) per cent of the average weekly wages received at the time of the
injury, subject to a maximum compensation of ten ($10.00) dollars

Death benefits,

Minors,

Waiting time,

Temporary dis-

FfLmM £n*
y*

244

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

per week, and a minimum of five ($5.00) dollars per week: Provided,
That if at the time of injury, the employee receives wages less than
five ($5.00) dollars per week, then he shall receive the full amount of
wages per week.
This compensation shall be paid during the period of such disability,
not however, beyond four hundred (400) weeks.
P artial dis- (j) For disability partial in character and permament in quality
ability.
the compensation shall be based upon the extent of such disability.
For all cases included in the following schedule compensation shall
be paid as follows, to-wit:
(1) For the loss of a thumb fifty per cent (50%) of daily wages dur
ing forty weeks.
(2) For the loss of a first finger, commonly called the index finger,
fifty per cent (50%) of daily wages during thirty (30) weeks.
(3) For the loss of a second finger, fifty per cent (50%) of daily
wages during twenty-five (25) weeks.
(4) For the loss of a third nnger, fifty per cent (50%) of daily wages
during twenty (20) weeks.
(5) For the loss of a fourth finger, commonly called the little finger,
fifty per cent (50%) of daily wages for fifteen (15) weeks.
(6) For the loss of the first phalange of the thumb or of any finger
shall be considered to be equal to theloss of one-half of such thumb or
finder and compensation shall be one-half of the amounts above speci(7) The loss of more than one phalange shall be considered as the
loss of the entire finger or thumb: Provided, 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.
(8) For the loss of a great toe, fifty per cent (50%) of daily wages
duringtwenty-five (25) weeks.
(9) For the loss of one of the toes other than the great toe, fifty (50%)
per cent of daily wages during fifteen (15) weeks.
(10) 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 the compensation
shall be one-half of the amount above specified.
(11) The loss of more than one phalange shall be considered as the
loss of the entire toe.
(12) For the loss of a hand fifty per cent (50%) of daily wages dur
ing ono hundred fifty (150) weeks.
(13) For the loss of an arm fifty per cent (50%) of daily wages dur
ing two hundred (200) weeks.
(14) For the loss of a foot fifty per cent (50%) of daily wages dur
ing one hundred twenty-five (125) weeks.
(15) For the loss of a leg, fifty per cent (50%) of daily wages during
one hundred seventy-five (175)
“ ■’J v weeks.
(16) For the loss of any [an] eye, fifty per cent (50%) of daily wages
during one hundred (100) weeks.
(17) For the loss of both arms, or both hands, or both feet, or both
legs, or both eyes, or of any two thereof, shall constitute total and per
manent disability to be compensated according to provisions of clause
“ I ” section ten, part one hereof.
(18) In all other cases in this, clause “ J” , the compensation shall
bear such relation to the amount stated in the above schedule as the
disability bears to those produced by the injuries named in the sched
ule. Should the employee and employer be unable to agree upon the
amount of compensation to be paid in cases not specifically covered by
the schedule, the amount of compensation shall be settled according
to provisions of this act as in other cases of disagreement.
(19) The amounts specified in this, clause J” and subdivisions
thereof shall be subject to the same limitations as to maximum and
minimum weekly payments as are stated in clause “ B ” section ten
hereof.
Death of bene- S e c . 11. Where an employee is entitled to compensation under this
nciary.
act for an injury received and death ensues from any cause not result
ing from the injury for which he was entitled to the compensation,
payments of the unpaid balance for such injury shall cease and all
liability therefor shall terminate.

APPENDIX---- W O RK M E N ’ S COMPENSATION LAWS— IOWA.

245

S e c. 12. After an injury the employee, if so requested by his em- Medical examplover, shall submit himself for examination at some reasonable tim einatl0118,
ana place within the State and as often as may be reasonably requested,
to a physician or physicians authorized to practice under the laws of
this State without cost to the employee; but if the employee requests
he shall, at his own cost, be entitled to have a physician or physicians
of his own selection present to participate in such examination. The
refusal of the employee to submit to such examination shall deprive
him of the right to compensation during the continuance of such re
fusal. When a right to compensation is thus suspended no compensa
tion shall be payable in respect to the period of suspension.
S e c . 13. The compensation herein provided shall be the measure Burden on emof the responsibility which the employer has assumed for injuries or^10^
death that may occur to employees in his employment subject to the
provisions of this act, and it shall not be in any wise reduced by con
tribution from employees.
S ec. 14. Where a minor dependent or one physically or mentally
t0
incapacitated from earning is entitled to compensation under this act, wras®6®8#
payment shall be made to a trustee appointed by the judge of the dis
trict court for each county in the respective judicial aistncts, and the
money coming into the hands of the said trustee shall be expended
for the use ana benefit of the person entitled thereto under the direc
tion and orders of the judge during term time or in vacation. The
trustee shall make annual reports to the court of all money or property
received and expended for each person, and for services rendered as
trustee shall be paid such compensation by the county as the court
may direct by written order directed to the auditor of the county who
shall issue a warrant therefor upon the treasurer of the county in which
the appointment is made. If the judge making the appointment deems
it advisable, a trustee may be appointed to serve for more than one
county in the district and the expenses shall be paid ratably by each
county according to the amount of work performed in each county.
The trustee shall qualify and give bond in such amount as the judge
may direct, which may be increased or diminished from time to time
as the court may deem best.
S ec. 15. In any case where the period of compensation can be deter- Lump-sum paymined definitely either party may, upon.due notice to the other, apply me
to any judge of the district court for the county in which the accident
occurred for an order commuting future payments to a lump sum.
And such judge may make such an order when it shall be shown to his
satisfaction that the payment of a lump sum in lieu of future monthly
or weekly payments, as the case may be, will be for the best interest
of the person or persons receiving or dependent upon said compensa
tion, or that the continuance of periodical payments will as compared
with lump sum payments entail undue expense or undue hardship
upon the employer liable therefor. Where the commutation is ordered,
the court shall fix the lump sum to be paid at an amount which will
equal the total sum of the probable future payments capitalized at
their present value and upon the basis of interest, calculated at 5 per
cent per annum. Upon the payment of such amount the employer
shall oe discharged from all further liability on account of such injury
or death, for which said compensation was being paid, and be entitled
to a duly executed release; upon filing which the liability of such
employer under any agreement, award, finding or judgment shall be
discharged of record.
S ec. 16. The basis for computing compensation provided for in this Computation
act shall be as follows:
oi payments.
(a) The compensation shall be computed on the basis of the annual
earnings which the injured person received as salary, wages or earn
ings in the employment of the same employer during the year next
preceding the injury.
(b) Employment by the same employer shall be taken to mean em
ployment by the same employer in the grade in which the employee
was employed at the time of the accident, uninterrupted by absence
from work due to illness or any other unavoidable cause.
(c) The annual earnings, if not otherwise determinable, shall be
regarded as three hundred (300) times the average daily earnings in
such computation.

246

BULLETIN OP THE BUREAU OP LABOR STATISTICS.

(d) If the injured person has not been engaged in the employment
for a full year immediately preceding the accident, the compensation
shall be computed 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 computa
tion is impossible, or should appear to be unreasonable, three hundred
(300) times the amount which the injured person earned on an average
of those days when he was working during the year next preceding the
accident* shall be used as a basis for the computation.
(e) In case of injured employees who earn either no wages or less
than three hundred (300) tunes the usual daily wage or earnings of
the adult day laborer in the same line of industry of that locality the
yearly wage shall be reckoned as three hundred (300) times the average
daily local wages of the average wage earner in that particular kind
or class of work; or if information of that class is not obtainable, then
of the class or kindred or similarity in the same general employment
in the same neighborhood.
(f) As to employees in employments in which it is the custom to
operate for a part of the whole number of working days in each year,
such number shall be used instead of three hundred (300) as a basis
for computing the annual earnings, provided, the minimum number
of days which shall be used for the basis of the year’s work shall not
be less than two hundred (200.).
(g) Earnings, for the purpose of this section, shall be based on the
earnings for the number of nours commonly regarded as a day’s work
for that employment, and shall exclude overtime earnings. The
earnings shall not include any sum which the employer has been
accustomed to pay the employee to cover any special expense entailed
on him by the nature of his employment.
(h) In computing the compensation to be paid to any employee
who, before the accident for which he claims compensation, was
disabled and drawing compensation under the terms of this act, the
compensation for each subsequent injury shall be apportioned accord
ing to the proportion of incapacity and disability caused by the respec
tive injuries which he may have suffered.
D efin ition s.
Sec. 17. In this act unless the context otherwise requires:
(a) “ Employer ” includes and applies to any person, firm, associa
tion or corporation, and includes State, counties, municipal corpora
tions, cities under special charter and under commission form of
government and shall include school districts and the legal representatatives of a deceased employer. Whenever necessary to give effect
to section seven of this act, it includes a principal or intermediate
contractor.
(b) “ Workman” is used synonymous with “ employee” and means
any person who has entered into the employment of, or works under
contract of service, express or implied, or apprenticeship for an em
ployer, except a person whose employment is purely casual and not
for the purpose of the employer’s trade or business or those engaged
in clerical work only, but clerical work shall not include one who may
be subjected to the nazards of the business or one holding an official
position or standing in a representative capacity of the employer, or an
official elected or appointed by the State, county, school district,
municipal corporation, cities under special charter and commission
form of government: Provided, That one who sustains the relation
of contractor with any person, firm, association, corporation or the State,
county, school district, municipal corporation, cities under special
charter or commission form of government, shall not be considered
an employee thereof.
The term “ workman” shall include the singular and plural of both
sexes. Any reference to a workman who has been injured shall,
where the workman is dead, include a reference to his dependents
as herein defined, legal representatives or where the workman is a
minor or incompetent to his guardian or next friend.
D ependency
(c) The following shall be conclusively presumed to be wholly
presumed, when. de^ ndent upon a ^ceased employee:
7
(1) The surviving spouse, unless it be shown that the survivor
willfully deserted deceased without fault upon the part of the de
ceased, and if it be shown that the survivor deserted deceased without

APPENDIX— W O R K M E N 'S COMPENSATION LAWS— IOWA.

247

fault upon the part of deceased, the survivor shall not be regarded
as a dependent in any degree. No surviving spouse shall be entitled
to the benefits of this act unless she shall have been married to the
deceased at the time of the injury.
(2) A child or children under sixteen years of age (and over said
age if physically or mentally incapacitated from earning) whether
actually dependent for support or not upon the parent at the time
of his or her death.
(3) A parent of a minor entitled to the earnings of the employee at
the time when the injury occurred, subject to provisions o f subdivi
sion “ F ” section ten hereof.
(4) If the deceased employee leaves dependent surviving spouse,
the full compensation shall be paid to such spouse; but if the dependent
surviving spouse dies before payment is made in full, the balance
remaining shall be paid to the person or persons wholly dependent,
if any, share and share alike. I f there be no person or persons wholly
dependent, then payment shall be made to partial dependents.
(5 ) In all other cases questions of dependency in whole or in part other, dependshall be determined in accordance with the feet as the fact may be
at the time of the injury; and in such other cases if there is more than
one person wholly dependent, the death benefit shall be equally
divided among them, and persons partially dependent, if any, shall
receive no part thereof. If there is no one wholly dependent and
more than one person partially dependent, the death benefit shall
be divided among them according to the relative extent of their depen
dency: Providedl however, That when a lump sum is paid as con
templated by this act, the court or commissioner, in making distribu
tion thereof, shall take into consideration the contingent rights of
partial beneficiaries or the rights of those who may become such after
a wholly dependent child or children becomes sixteen years of age.
(6) Step-parents shall be regarded in this act as parents.
(7) Adopted child or children or stepchild or cnildren shall be re
garded in this act the same as if issue of the body.
(d) “ Injury” or “ personal injury” includes death resulting from injury,
injury.
(e) The words “ personal injury arising out of and in the course of
such employment” shall include injuries to employees whose services
are being performed on, in or about the premises which are occupied,
used or controlled by the employer, and also injuries to those who are
engaged elsewhere in places where their employer’s business requires
their presence and subjects them to dangers incident to the business.
(f) The words “ injury and personal injury”' shall not include injury ,
caused by the willful act of a third person directed against an employee
for reasons personal to such employee or because of his employment.
(g) They shall not include a disease except as it shall rekilt from
the injury,
(h) “ Industrial employment’* includes only employment in occu
pation, callings, businesses or pursuits which are carried on by the
employer for tne sake of pecuniary gain.
(1) The word “ court”*whenever used in this act unless the context
shows otherwise, shall be taken to mean the district court.
S ec. 18. (a) Any contract of employment, relief benefit or insurance Contracts with
or other device whereby the employee is required to pay any premium
W
or premiums for insurance against the compensation provided for in Pr ums*
this act shall be null and void; and any employer withholding from
the wages of any employee any amount for the purpose of paying any
such premium shall be guilty of a misdemeanor and punishable by a
fine not less than ten ($10.00) dollars nor more than fifty ($50.00) dollars
for each offense in the discretion of the court.
No 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 to whom
the act applies.
Sec. 19. Any contract or agreement made by any employer or his £ gr
eants
agent or attorney with any employee or any oilier beneficiary of any
y
claim under the provisions of this act within twelve (12) days after
the injury shall be presumed to be fraudulent.

248

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

S ec. 20. The Iowa industrial commission cooperating with, the
employers affected by this act, or any committee or committees ap
pointed by such employers or me Iowa industrial commissioner, shall
fix standards of safety for safety appliances or places of employment,
except mines under the jurisdiction of the mine inspectors.
Attorneys’ fees. Sec. 21. No claim of an attorney at law for services in securing a
recovery under this act shall be an enforcible lien thereon unless the
amount of the same be approved in writing by a judge of a court of
record or the Iowa industrial commissioner, which approval may be
made in term time or vacation.
Commerce.
Sec. 22. The provisions of tins act shall apply to employers and
employees as denned in this act engaged in intrastate commerce and
also those engaged in interstate or foreign commerce for whom a rule
or method of compensation has been or may be established by the con
gress of the United States, only to the extent that their mutual con
nection with intrastate work or foreign commerce shall be clearly
separable and distinguishable from interstate or foreign commerce:
Provided, That any such employer and workman of such employer
working only in this State may, subject to the approval of the Iowa
industrial commissioner, and so for as not forbidden by any act of
congress or permitted, voluntarily by written agreement, accept and
become bound by the provisions of this act in hke manner and with
the same force and effect in every respect as by this act provided for
other employers and employees.

Standards

P a rt

II.

S ec. 23. There is hereby created the office of Iowa industrial com
missioner, to be appointed by the governor, by and with the consent
of the senate. The term of office of the commissioner shall be six
years. An appointment may be made to fill a vacancy or otherwise
when the senate is not in session, but shall be acted upon at the next
session thereof.
Sal ary,
S ec. 24. The salary and actual necessary expenses of the commis
penses, etc.
sioner shall be paid by the State, and he shall be provided with ade
quate and necessary office rooms, furniture, equipment, supplies and
other necessaries in the transaction of the business. The salary of the
commissioner shall be three thousand dollars ($3,000.00) per annum.
The commissioner, by and with the consent of the executive council
may fix the salary and appoint a secretary and other assistants and
clerical help as may be required and needed: Provided, That the sal
ary of the secretary shall not exceed fifteen hundred dollars ($1,500.00)
per annum. The salary and actual personal expense account of the
commissioner shall be itemized and sworn to, and filed as other current
bills as provided by statute, and warrant therefor shall be issued by
the auditor upon the treasurer of the State for the payment thereof at
the end of each calendar month: Provided, however, That the expense
account may be audited, allowed and paid at the end of each week.
The commissioner shall provide himself with a seal, which shall be used
to authenticate his orders, decisions and other proceedings deemed nec
essary, upon which shall be inscribed the words “ Iowa Industrial Com
missioner’s Seal” and the date of organization. All other accounts
made by, through or under the commissioner for salaries, expenditures,
unless otherwise by this act provided, shall be itemized and sworn to
by the parties entitled thereto, audited by the commissioner, attested
by the secretary, filed as other bills are required by statute, and a war
rant shall issue tnerefor by the auditor of state upon the treasurer, who
shall pay the same out of the funds appropriated for the use of the com
missioner as by this act provided. The salaries of all persons under the
commissioner shall be audited, allowed and paid at the end of each
month, and expense accounts may be audited, allowed and paid at the
end of each week. The commissioner shall have the power to remove
the secretary or any other person appointed to an office by him at any
time the commissioner may see fit.
Political activ It shall be unlawful for any appointee by the commissioner to es
ity.
pouse the election or appointment of any candidate for or to any politi
cal office, or contribute to the campaign fund of any political party, or
to the campaign fund of any person who is a candidate for election or
industrial com-

APPENDIX— W O R K M E N 'S COMPENSATION LAWS— IOW A.

249

appointment to any political office, and any person performing the du
ties as an appointee under the commissioner violating the provisions
of this act shall be sufficient cause for dismissal ana removal from
office.
Before entering upon his duties the commissioner shall qualify by
taking the oath of nis office, that lie will support the constitution of
the United States and of the State of Iowa, ana will faithfully and im
partially, without fraud fear or favor, discharge the duties of his office
incumbent upon him, as provided by the law of the State of Iowa, to
the best of his ability and understanding.
There is hereby appropriated out of any money not otherwise appro- Appropriation,
priated for the use of the commissioner, as contemplated within the
terms of this act or acts amendatwy thereof, or other statutes relating
to the commissioner, his duties and responsibilities empowered by law,
the sum of twenty thousand dollars ($20,000.00) annually, and in addi
tion thereto the executive council shall provide and furnish the com
missioner with such printing as may be necessary in the transaction of
the business within the contemplation of law.
S ec. 25. The commissioner may make rules and regulations not in- Rules and regoconsistent with this act for carrying out the provisions of the act. Proc-Iat,ons*
ess and procedure under this act shall be as summary as reasonably may
be. The commissioner shall have the power to subpoena witnesses, ad
minister oaths and to examine such books and records of the parties to
a proceeding or investigation as relate to questions in dispute or under
investigation. The fees for attending as a witness before the industrial
commissioner shall be $1.50 per diem; for attending before an arbitration
committee $1.00 per diem; in both cases five cents per mile for traveling
to and from the place of hearing. The district court is hereby empow
ered to enforce by proper proceedings the provisions of this section relat
ing to the attendance and testimony of witnesses and the examination
of books and records. The commissioner shall make biennial reports to
the governor who shall transmit the same to the general assembly, in
which among other things, the commissioner shall recommend such
changes in the law covered by this act as it may deem necessary.
S ec. 26. If the employer and the employee reach an agreement in Memoranda of
regard to the compensation under this act, a memorandum thereof shall agreemen
be filed with the Iowa industrial commissioner by the employer or em
ployee, and unless the commissioner shall, within twenty days, notify
isteredletter sent to tneir addresses as given on the memorandum filed,
the agreement shall stand as approved and be enforceable fenforcible |
for all purposes under the provisions of this act. Such agreement shall
be approved by said commissioner only when the terms conform to
the provisions of this act.
S ec. 27. If the employer and the injured employee or representatives Arbitrations,
or dependents fail to reach an agreement in regard to compensation
under this act, either party may notify the industrial commissioner,
who shall thereupon calJ for the formation of a committee of arbitration.
The arbitration committee shall consist of three persons, one of whom
shall be the industrial commissioner who shall act as chairman. The
other two shall be named, respectively, by the two parties. If a va
cancy occurs it shall be filled by the party whose representative is un
able to act.
Sec. 28. The arbitrators appointed by the parties shall be sworn by Oath of arbithe chairman to take the following oath:
I ----------------- do solemnly swear (or affirm) that I will faithfully
perform my duties as arbitrator and will not be influenced in my
decision by any feeling of friendship or partiality toward either party.
(Signed)----------------Sec. 29. It shall be the duty of the industrial commissioner, upon Committee,
notification, that the parties have failed to reach an agreement, to re
quest both parties to appoint their respective representatives on the
committee of arbitration. The commissioner shall act as chairman,
and, if either party does not appoint its member on this committee
within seven days after notification as above provided, or after a va
cancy has occurred, the commissioner shall fill the vacancy and notify
the parties to that effect.

250

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

gEC. 30. The committee on arbitration shall make such inquiries and
investigations as it shall deem necessary. The hearings or the com
mittee shall be in the city, town or place where the injury occurred
and the decision of the committee, together with the statement of evi
dence submitted before it, its findings of fact, rulings of law and any
other matters pertinent to questions arising before it shall be filed with
the industrial commissioner. Unless a claim for a review is filed by
either party within five days, the decision shall be enforceable
[enforciole runder the provisions of this act.
Physicians.
g EC. 31. The industrial commissioner may appoint a duly qualified
impartial physician to examine the injured employee and make report.
The fee for this service shall be five ($5.00) dollars, to be paid by the
industrial commissioner together with traveling expenses, but the com
missioner may allow additional reasonable amounts in extraordinary
cases. Any physician so examining any injured employee shall not
be prohibited from testifying before the Iowa industrial commissioner
or any other person, commission or court, as to the results of his exami
nation or the condition of the injured employee.
A rbitrators' gEC. 32. The arbitrators named by or for the parties to the dispute
shall each receive five ($5.00) dollars as a fee for his services, but the
industrial commissioner may allow additional reasonable amounts in
extraordinary cases. The fees shall be paid by the employer who may
deduct an amount equal to one-half of the sum from any compensation
found due the employee. And all other costs incurred in the hearing
before the board of aribtration shall be taxed to the losing party, or an
equitable apportionment made thereof by the committee according to
the facts.
Review.
g EC. 33 . if a claim for review is filed, the industrial commissioner
shall hear the parties and may hear evidence in regard to any or all
matters pertinent thereto and may revise the decision of the com
mittee in whole or in part, or may refer the matter back to the com
mittee for further findings of fact, and shall file its decision with the
records of the proceedings and notify the parties thereof. No party
shall as a matter of right be entitled to a second hearing upon any
question of fact.
Filing orders in gEC. 34. Any party in interest may present certified copy of an order
00
or decision of the commissioner or a decision of an arbitration com
mittee from which no claim for review has been filed within the time
allowed therefor, or a memorandum of agreement approved by the com
missioner, and all papers in connection therewith, to the district court
of the county in which the injury occurred, whereupon said court
shall render a decree in accordance therewith and notify the parties.
Effect.
Such decree shall have the same effect and in all proceedings in rela
tion thereto shall thereafter be the same as though rendered in a suit
duly heard and determined by said court, except that there shall be
no appeal therefrom upon questions of fact or where the decree is based
upon an order or decision of the commissioner which has not been pre
sented to the court within ten days after the notice of the filing thereof
by the commissioner. Upon the presentation to the court of a certified
copy of a decision of the industrial commissioner^ ending, diminishing
or increasing a weekly payment under the provisions of this act, the
court shall revoke or modify the decree to conform to such decision.
Revision ofpay- gEc. 35. (a) Any payment to be made under this act may be reviewed
men
by the industrial commissioner at the request of the employer or of
the employee, and on such review it may be ended, diminished or
increased subject to the maximum or minimum amounts provided for
in this act if the commissioner finds the conditions of the employee
warrants such action.
(b)
Any notice to be given by the commissioner or court provi
for in this act shall be in writing but service thereof shall be sufficient
if registered and deposited in the mail, addressed to the last known
address of the parties,
nro^dt0 be ap* ®EC*
®’ee8 °* attorneys and physicians for services under this act
p 'e ’
shall be subject to the approval of the industrial commissioner unless
otherwise provided in this act.
renoCiidf ltSto be ®EC*
®vefy employer shall hereafter keep a record of all injuries,
reported.
fatal or otherwise, sustained by his employees in the course 01 their
investigations.

APPENDIX---- W O RK M E N ’ s COMPENSATION LAWS— IOWA.

251

employment. Within forty-eight hours not counting Sundays and
legal holidays, after the employer has knowledge of the occurrence of
an accident resulting in personal injury, a report shall be made in
writing by the employer to the industrial commissioner on blanks to be
procured from the commissioner for that purpose.
Upon the termination of the disability of the injured employee, or
if such disability extends beyond a period of sixty days, at the
expiration of such period, the employer shall make a supplemental
report on blanks to be procured from the commissioner for that
purpose. The said reports shall contain the name and nature of the
business of the employer, the location of the establishment, the
name, age, sex and occupation of the injured employee, and shall
state the date and hour of the accident, the nature and cause of the
injury, and such other information as may be required by the
commissioner. Any employer who refuses or neglects to make the
report required by. this section shall be punished by a fine of not
more than fifty ($50.00) dollars for each offense.
All books, records and pay rolls of the employers, coming under Books, records,
this act showing or reflecting in any way upon the amount of wage
expenditure of such employers, shall always be open for inspection
by the industrial commissioner, or any of his represen! atives pre
senting a certificate of authority from said commissioner for the
purpose of ascertaining the correctness of the wage expenditure; the
number of men employed and such other information as may be neces
sary for the uses ana purposes of the commissioner in its administration
of the law. But information obtained within the contemplation of this
act shall be used for no other purpose than the information of the
commissioner or insurance association with reference to the duties
imposed upon such commissioner. A refusal on the part of the em
ployer to submit his books, records, or pay rolls for the inspection
of tne commissioner, or his authorized representative presenting written
authority from the commissioner, shall subject the employer to a penalty
of one hundred dollars ($100.00) for each such offense to be collectea
by civil action in the name of the State, and paid into the State
treasurer [treasury!.
S ec. 38. It shall be unlawful for the commissioner, during his Political activtcrm of office, to serve upon any committee of any political party or y*
espouse the election or appointment of any person for any political
office or contribute to any campaign fund of any political party, or to
the campaign fund of any person who is a candidate for election or
appointed to any political office. A violation of this section shall be
deemed a misdemeanor and upon conviction shall be fined one hundred
($100.00) dollars.
Sec. 39. It shall be unlawful for any person who is a candidate for P r o m is e of
the appointment as commissioner to make any promise to another,
expressed or implied, in consideration of any assistance or influence
given or recommendation made that the candidate will, if appointed
as commissioner, vote to appoint such person or one whom he may
recommend to an office within the power ot the commissioner to appoint.
A violation thereof shall be deemed a misdemeanor and upon convic
tion thereof shall be fined one hundred ($100.00) dollars.
S ec. 40. All recommendations to the governor of any person asking Recommend athe appointment of another as commissioner shall be reduced to writing j^tn^nts° ap"
signed by the person presenting the same, which shall be filed by the
governor in his office and open at all reasonable times for public inspec
tion, and all recommendations made by any person to the commissioner
for the appointment of another within the power of the commissioner
to appoint, shall be reduced to writing, signed by the person present
ing the same and filed by the commissioner and open for public inspec
tion at all reasonable times and hours. If any person recommending
the appointment of another within the contemplation of this act
refuse to reduce the same to writing, it shall be the duty of the person
to whom the recommendation is made, to make a bnef memoranda
thereof stating the name of the person recommended and the name <>f
the person who made the same, which shall be filed as by this act in
. .
other cases provided. It shall be unlawful for the commissioner to notto^vefii^be financially interested in any business enterprise coming under or cial interest.

252

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

affected by this act during his term of oCice and any member offending
this statute, it shall be sufficient grounds [sic] for his removal from
office and in such case the governor shall at once declare the office
vacant and appoint another to fill the vacancy.
R emoval from g EC. 41. The governor shall remove from office the commissioner on
the grounds of inefficiency, neglect of duty, or malfeasance in office,
upon written charges having been filed with the executive council
and sustained by proofs. But written notice of such charges, together
with a copy thereof, shall be served upon the accused ten (lOj days
before the time fixed for hearing. The executive council shall have
jurisdiction to hear the cast?, and shall make such finding in accordance
with justice and the law. The finding shall be reduced to writing,
and report and finding filed with the governor.
Part III.
S ection 42. Every employer, subject to the provisions of this act,
shall insure his liability thereunder in some corporation, association
or organization approved by the State department of insurance. Every
such employer shall within thirty (30) days after this act goes into
effect exhibit on demand of the State insurance department evidence
of his compliance with this section. And if such employer refuses, or
neglects to comply with this section, he shall be liable in case of injury
to any workman in his employ under part one ( 1) of this act.
Mutual associa- gEC. 43. For the purpose of complying with the foregoing section,
t .
groups of employers oy themselves or in an association with any or all
of their workmen, may form insurance associations as hereafter pro
vided, subject to such reasonable conditions and restrictions as may
be fixed by the State insurance department and membership in such
mutual insurance organization as approved, together with evidence
of the payment of premiums due, shall be evidence of compliance with
the preceding section.
Approved
gEC. 44. Subject to the approval of the Iowa industrial commis80 emes.
sioner any employer or group of employers may enter into or continue
an agreement with his or their workmen to provide a scheme of com
pensation, benefit or insurance in lieu of the compensation and insu
rance provided by this act; but such scheme shall in no instance pro
vide less than the benefits here secured, nor vary the period of com
pensation provided for disability or for death, or the provisions of this
act with respect to periodic payments, or the percentage that such
payments shall bear to weekly wages, except that the sums required
may be increased: Provided further, That the approval of the Iowa
industrial commissioner shall be granted, if the scheme provides for
contribution by workmen, only when it confers benefits in addition
to those required by this act commensurate with such contributions.
Certificates.
gEc. 45. whenever such scheme or plan is approved by the Iowa
industrial commissioner, he shall issue a certificate to that effect,
whereupon it shall be legal for such employer, or group of employers,
to contract with any or all of his or their workmen to substitute such
scheme or plan for the provisions of this act during a period of time
fixed by said department.
Termination of gEC. 46. Such scheme or plan may be terminated by the Iowa indusemes.
trial commissioner on reasonable notice to the interested parties if it
shall appear that the same is not fairly administered, or if its operation
shall disclose latent defects threatening its solvency, or if for any sub
stantial reason it fails to accomplish the purpose of this act; but from
any such order of said Iowa industrial commissioner the parties affected,
whether employer or workman, may, upon the giving of proper bona
to protect the interests involved appeal for equitable reliei to the dis
trict court of this State.
Commission for gEc. 47. No insurer of any obligation under this act shall either by
insuring.
himself or through another, either directly or indirectly, charge or
accept as a commission or compensation for placing or renewing any
insurance under this act more than fifteen (15) per cent of the premium
charged.
i>otovVisioils ° f . ®B0*
Every policy issued by any insurance corporation, associa^ y*
tion or organization to assure the payment of compensation under this
Insurance.

APPENDIX---- W O RK M EN ’ S COMPENSATION LAWS— IOWA.

253

act shall contain a clause providing that between any employer and
the insurer, notice, to ana knowledge of the occurrence of injury or
death on the part of the insured shall be notice and knowledge on the
part of the insurer; and jurisdiction of the insured for the purpose of
this act shall be jurisdiction of the insurer and the insurer snail be
bound by every agreement, adjudgment, award or judgment rendered
against the insured.
S ec. 49. No policy of insurance issued under this act shall contain Insolvency of
any provision relieving the insurer from payment if the insured becomes emp yer*
insolvent or discharged in bankruptcy during the period that the pol
icy is in operation, or the compensation, or any part of it, is due and
unpaid. Every policy shall provide that the workmen shall have a first
lien upon any amount becoming due on account of such policy to the
insured from the insurer, and that in case of the legal incapacity, ina
bility or disability of the insured to receive the amount due and pay
it over to the insured workman, or his dependents, said insurer shall
pay the same directly to such workman, his agent, or to a trustee for
him or his dependents, to the extent of ^charging any obligation of
the insured to said workman or his depenae^ts. #
Sec. 50. Where an employer coming under this act furnishes proofs insurance not
to the insurance department satisfactory to the insurance department re^ulrea»wnen*
and Iowa industrial commissioner, of such employer’s solvency and
financial ability to pay the compensation and benefits as by this act
provided and to make such payments to the parties when entitled
thereto, or when such employer deposits with such insurance depart
ment security satisfactory to such insurance department and the Iowa
industrial commissioner as well secure the payment of such compensa
tion, such employer shall be relieved of the provision of section fortytwo (42) of this act: Provided, That such employer shall from time to
time, as may be required by such insurance department and Iowa
industrial commissioner, furnish such additional proof of solvency and
financial ability to pay as by this section of this act provided.
The insurance department and Iowa industrial commissioner may,
at any time, upon reasonable notice to such employer and upon hear
ing, revoke for cause any order or approval theretofore made, as by this
act provided and within the contemplation of this section.
S ec. 51. Part one of this act shall take effect from and after July Act in effect,
first, 1914, and parts two and three July fourth, 1913.
And any employer or employee who serves the notice to reject the Notice,
terms of the act as by the act provided not less than thirty days before
part one thereof takes effect, such notice for the purpose [of] rejecting
the terms of the act shall have the same force and effect as though part
one had taken effect July fourth, 1913.
Approved April 18 A. D. 1913.
KANSAS.

ACTS OF 1911.
C h ap ter

218.—Compensationfor injuries to workmen.

S e ctio n 1. If in any employment to which this act applies, personal C o m p e n s a injury by accident arising out of and in the course of employment is
pay *
caused to a workman, his employer shall, subject as hereinafter men
tioned, 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 employed; (b) if it is proved that the injury to the work
man results from his deliberate intention to cause such injury, or from
his willful failure to use a guard or protection against accident required
pursuant to any statute and provided for him, or a reasonable and
proper guard and protection voluntarily furnished him by said em
ployer, or solely from his deliberate breach of statutory regulations

254

BULLETIN OP TH E BUREAU OP LABOR STATISTICS.

affecting safety of life or limb, or from his intoxication, any compen
sation in respect to that injury shall be disallowed.
Sec. 2. [Repealed.]
Fines.
sBc. 3. Nothing in this act shall affect the liability of the employer
or employee to a fine or penalty under any other statute.
Employees of Sec. 4. (a) Where any person (in this section referred to as principal)
contractors.
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 contractor) for the execution
by or under the contractor of the whole or any part of the work under
taken by the principal, the principal shall be liable to pay to any
workman employed in the execution of the work any compensation
under this act which he would have been liable to pay if that work
man had been immediately employed by him; and where compensa
tion 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
compensation shall be calculated with reference to the earnings of the
workman under the employer by whom he is immediately employed,
(b) Where the principal is liable to pay compensation under mis sec
tion, he shall be entitled to indemnity from any person who would
have been liable to pay compensation to the workman independently
of this section, and snail have a cause of action therefor, (c) Nothing
in this section shall be construed as preventing a workman from recov
ering compensation under this act from the contractor instead of the
principal, (d) This section shall not apply to any case where the ac
cident 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 management, or on, in, or about the execution of
such work under his control or management, (e) A principal con
tractor, when sued by 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.
I a j J1 * i f s Seo. 5. Where the injury for which compensation is payable under
persons..
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 proceedings against that person
to recover damages and against any person liable to pay compensation
under this act for such compensation, but shall not be entitled to re
cover both damages and compensation; and (b) If the workman has
recovered compensation under this act, the person by whom the com
pensation 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 re
cover damages therefor.
Scope of law.
Sec. 6 (as amended by Chapter 216, Acts of 1913). 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, county and
municipal work, and au employments wherein a process requiring the
use of any dangerous explosive or inflammable materials is carriea 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 limb of the workman
engaged therein are inherent, necessary, or substantially unavoidable,
ana as to each of which employments it is deemed necessary to estab
lish 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, by reason of any such
accident, at the time of the publication of this act, shall be saved the
remedies now existing therefor, and the court shall have the same power
Exemptions. as to them as if this act had not been enacted. Agricultural pursuits
and employments incident thereto are hereby declared to be nonhazardous and exempt from the provisions of this act.

APPENDIX— W O RK M E N ’ S COMPENSATION LAWS— KANSAS.

255

S ec. 7. This act shall not be construed to apply to business or em- I n t e r s t a t e
ployments which, according to law, are so engaged in interstate com- commerce*
merce as to be not subject to the legislative power of the State, nor to
persons injured while they are so engaged.
S ec. 8 (as amended by Chapter 216, Acts of 1913). It is hereby Wtat employ,
determined that the necessity for this law and the reason for its enact- ers aaectea*
ment, exist only with regard to employers who employ a considerable
number of persons. This act, therefore, shall only apply to employers
by whom five or more workmen have been (employed) continuously
for more than one month at the time of the accident: Provided, however,
That employers^ having less than five workmen may elect to come
within the provibions of this act in which case his employees shall be
included herein, as hereinafter provided: And providedfurthert That
this act shall apply to mines without regard to number of workmen
employed.
S ec. 9 (as amended by Chapter 216, Acts of 1913). In this act, unless Definitions,
the context otherwise requires, (a) “ Railway” includes street rail
ways and interurban ana “ employment on railways” includes work
in depots, power houses, roundhouses, machine shops, yards, and upon
the right of way. and in the operation of its engines, cars and trains, and
to employees of express companies while running on railroad trains.
(6) “ Factory” means any premises wherein power is used in manu
facturing, making, altering, adapting, ornamenting, finishing, repairing
or renovating any article or articles for the purpose of trade or gam or of
the business carried on therein, including expressly any bnck yard,
meat-packing house, foundiy, smelter, oil refinery, lime-burning plant,
steamheating plant, electric lighting plant, electric power plant spa
water power plant, powder plant, blast furnace, paper mill, printing
plant, flour mill, glass factory, cement plant, artificial gas plant,
machine or repair shop, salt plant, and chemical manufacturing plant*
(c) 4‘Mine ” means any opening in the earth for the purpose of extracting
any minerals, and all underground workings, slopes, shafts, galleries,
ana 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 prepared 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 employer’s trade or business, (e) “ Electrical
work” means any kind of work in or directly connected with the con
struction. installation, operation, alteration, removal, or repair of
wiies, cables, switchboaids or apparatus, used for the transmission of
electrical current. (J) i*Building work ” means any work in the erec
tion, construction, extension, decoration, alteration, repair or demoli
tion of any building or structural appurtenances. ($r) “ Engineering
work” means any woik 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 (including 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 Wasting powder, dynamite or other high explosives
is in use (excludmg mining and quarrying), (h) *‘Employer ” includes
any person or body of persons corporate or incorporate, and the legal
representatives of a deceased employer 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 employed otherwise than for the purpose of
the employers trade or business. Any reference to a workman who
has been injured shall, where the workman is dead, include a reference
to his dependents, as hereinafter defined, or to his legal representative,

256

BULLETIN OF TH E BUBEAU OF LABOR STATISTICS.

or where he is a minor or incompetent, to his guardian, (j) *4Depend
ents ” means such members of the workman’s family as were wholly or
in part dependent upon the workman at the time of the accident. And
“ members of a family ” for the purpose of this act means only widow,
or husband, as the case may be, ana children; or if no widow, husband
or children, then parents and grandparents, or if no parents or grand
parents, then grandchildren; or if no grandchildren, then brothers and
sisters. In the meaning of this section parents include stepparents,
children include stepchildren, and grandchildren include stepgrandchildren, and brothers and sisters include stepbrothers and stepsisters,
and children and parents include that relation by legal adoption, (k)
The words “ Arising out of and in the course of employment ” as used
in this act sjiall not be construed to include injuries to the employee
occurring while he is on his way to assume the duties of his employment
or after leaving such duties, the proximate cause of which injury is not
the employer’s negligence.
Incompetent Sec. 10. In case an injured workman is mentally incompetent or a
persons.
minor, or where death results from the injury, in case any of his de
pendents as herein defined is mentally 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 pro
vided for, shall run, so long as such incompetent or minor has no
guardian.
Compensation g BC< i i (qjb amended by Chapter 216, Acts of 1913). The amount of
Deathcompensation under this act shall be: (a) Where death results from
*
injury: (1) If the workman leaves any dependents wholly dependent
upon his earnings, an amount egual 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 workman’s em
ployment by 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 here
under for such injury from which death may thereafter result shall be
deducted from such sum: And provided, however, That if the workman
does not leave any dependents, citizens of and 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 seven hundred
and fifty dollars. (2) If the workman does not leave any such de
pendents, 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
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. (4) Marriage of any de
pendent shall terminate all compensation oi such dependent, but
shall not affect compensation allowed other dependents: when any
minor dependent, not physically or mentally incapable oi wage earn
ing shall become eighteen years of age, such compensation shall cease.
Total disability; (&) Where total incapacity for work results from injury, periodical pay
ments 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
J a r t i a l disa- 0r more than fifteen dollars per week, (c) When partial incapacity for
biuty.
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 aver
age weekly earnings computed as provided 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 earn
ings axe less than $10.00 his compensation shall not be less than seventy

APPENDIX— W O RK M E N ’ S COMPENSATION LAWS— KANSAS.

five per cent of his average weekly earnings. No such payment for total
or partial disability shall extend over a period exceeding eight 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) “ Average earnings” shall be computed in such
manner as is best calculated to give the average rate per week at
which the workman was being remunerated for the 52 weeks prior to
the accident: Provided, That where by reason of the shortness of time
during which the workman has been in the employment of his em
ployer, or the casual nature or the terms of the employment, it is im
practicable to compute the rate of remuneration, regard shall be had
to the average weekly amount which, during the twelve months pre
vious to the accident, was being earned by a person in the same grade
employed at the same work by the same employer, or, if there is no
person employed, by a person in the same grade employed in Hie
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 em
ployer and at another time for another such employer, his “ earnings”
ana 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) Employment
by the same employer shall be taken to mean employment by the
same employer in the grade in which the workman was employed at
the time of the accident, uninterrupted by 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 nim by 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
benefit which the workman may receive from the employer during his
period of incapacity, (f) In 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 “ averageearnings” of the work
man before the accident, to be computed as herein provided, and the
average amount which he is most probably able to earn in some suit
able employment or business after the accident, subject however, to
the limitations hereinbefore provided.
S ec. 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 tho
time of the accident, but a judge of any district court having jurisdic
tion upon the application of either party may modify such regulation
in a particular case as to him may seem just.

257

ar n i n g s

how*

Payments,

S ec. 14. Where death results from the injury and the dependents of Payments to
the deceased workman as herein defined, have agreed to accept com- Pendents*
pensation, and the amount of such compensation and the apportion
ment thereof between them has been agreed to or otherwise deter
mined, the employer may pay such compensation to them accordingly
(or to an administrator if one be appointed) and thereupon be dis
charged from all further liability for the injury. Where only the ap
portionment 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
worlanan, with the same effect. Where the compensation has been
so paid into court or to an administrator, the proper court, upon the
petition of such administrator or any of such dependents, and upon such
notice and proof as it may order shall determine the distribution thereof
among mien dependents. Where there are no dependents, medical
and funeral expenses may be paid and distributed in like manner.
S ec. 15. The payments due under this act, as well as any judgment Payments not
obtained thereunder, shall not be assignable or subject to levy, exe- ass« naWe>etc*
cution or attachment, except for medicine, medical 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
by the judge of the court where said case was tried: but if no trial was
had, then oy any judge of the district court of mis State to whom
80597°— Bull. 126— 14------ 17

258

BULLETIN OF TH E BUREAU OF LABOR STATISTICS.

such matter has been regularly submitted, on due notice to the party
or parties in interest of such submission.
Reports by em S eo. 16. Employers affected by this act shall report annually to the
ployers.
State commissioner 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.
Medical exam« Sec. 17. (a) After an injury to the employees, if so requested by his
inations.
employer, the employee must submit himself for examination at some
reasonable time to a reputable physician selected by the employer, and
from time to time thereafter during the pendency of his claim for com
pensation, or during the receipt by him for payment under this act,
out 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 by
the proper court or judge thereof. Either party may upon demand
require a report of any examination m adefy 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
selection present at the time to participate in such examinations.
(c) Unless there has been a reasonable opportunity thereafter for such
physician selected by the employee to participate in the examination
in the presence of the physician selected by the employer, the physi
cian selected by the employer shall not be permitted afterwards to give
evidence of the condition of the employee in a dispute as to the injury.
(d) Except as provided herein in mis act there snail be no other dis
qualification or privilege preventing the testimony of a physician who
actually makes an examination.
Special exami- Sec. 18. In case of a dispute as to the injury, the committee, or arbi
trator as hereinafter provided, or the judge oi the district court shall
have the power to employ a neutral physician of good standing ability,
whose duty it shall be, at the expense of the parties to make an exami
nation of me injured person, as the court may direct, on the petition of
either or both the employer and employee or dependents.
Evidence not S ec. 19. If the employer or the employee has aphysician make such
admitted, when. an examination and no reasonable opportunity is given to the other
party to have his physician make examination, then, in case of a dispate as to the injury, the physician of the party making such examination shall not give evidence before the court unless a neutral phy
sician either has examined or then does examine the injured employee
and give testimony regarding the injuries.
Refusal to be Sec. 20. If the employee shall refuse examination by physician se
examined.
lected by the employer, with the presence of a physician of his own
selection, and shall refuse an examination by the physician appointed
by the court, he shall have no right to compensation 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.
Certificates.

Notice.

Claim.

Sec. 21. A physician making an examination shall give to the em
ployer and to the workman a certificate as to the condition of the work
man, but such certificate shall not be competent evidence of that con
dition unless supported by his testimony if his testimony would have
been admissible.
Sec. 22 (as amended by Chapter 216; Acts of 1913). Proceedings for

the recovery of compensation under this act shall not be maintainable
unless written notice of the accident, stating the time, place and par
ticulars thereof, and the name and address of the person injured,lias
been given within ten days after the accident, ana unless a claim for
compensation has been made within three months after the accident
or in case of death, within six months from the date thereof. Such
notice shall be delivered by registered mail, or by delivery to the em
ployer. The want of, or any aefect 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 aefect was occasioned by mistake,
physical or mental incapacity or other reasonable cause, and the failure
to make a claim within the period above specified shall be a bar: Provided, however, That in case of incapacity of an injured employee the
limitation herein shall not run during such incapacity.

APPENDIX— W O R K M E N 'S COMPENSATION LAWS— KANSAS.

259

Sec. 23. Compensation due under this act may be settled by agree- Agreements,
ment. Every such agreement, other than a release, shall be in the
form hereinafter provided.
Sec. 24. If compensation be not so settled by agreement: (a) If any Settlement of
committee representative of the employer and the workman exists, disputes,
organized for the purpose of settling disputes under this act, the matter
shill, unless either party objects by notice in writing delivered or sent
by registered mail to the other party before the committee meets to
consider the matter, be settled in accordance with its rules by such
committee or by an arbitrator selected by it. (b) If either party so
objects, or there is no such committee, or the committee or tne arbi
trator to whom it refers the matter fails to settle it within sixty days
from the date of the claim, the matter may be settled by a single arbi
trator agreed on by the parties, or appointed by any judge of a court
where an action might be maintained. The consent to arbitration
shall be in writing and signed by the parties and may limit the fees of
the arbitrator ana the time within which the award must be made.
And unless such consent and the order of appointment expressly refers
other questions, only the question of the amount of compensation shall
be deemed to be an issue.
Sec. 25. The arbitrator shall not be bound by technical rules of pro- Award,
cedure or evidence, but shall give the parties reasonable opportunity
to be heard and act reasonably and without partiality. He 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 by mail.
Sec. 26. The arbitrator’s fee shall be fixed by the consent to arbitra- Fees,
tion or be agreed to by the parties before the arbitration, and if not so
fixed or agreed to, they shall not exceed $10.00 per day, for not to ex
ceed ten days, and disbursements for expense. The arbitrator shall
tax or apportion the costs of such fees in his discretion and shall add the
amount taxed or apportioned against the employer to the first payment
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.
Sec. 27. Every agreement for compensation and every award shall be Agreem ents,
in writing, signed and acknowledged by the parties or by the arbitrator etc.v.
1)6 in
or secretary of the committee hereinbefore referred to, and shall specify
the amount due and unpaid by the employer to the workman up to the
date of the agreement or award, and if any, the amount of the payments
thereafter to be paid by the employer to the workman and the length
of time such payments shall continue.
S ec. 28. It shall be the duty of the employer to file or cause to Filing,
be filed every 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 by the committee or
arbitrator, to which he is a party, or a sworn copy thereof, in the
office of the district court in the county in which the accident occurred
within sixty days after it is made, otherwise it shall be void as against
the workman. The said 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 con
strued to prevent the workman from filing such agreement or award.
Sec. 29. At any time within one year after an agreement or award Cancellation,
has been so filed, a judge of a district court having jurisdiction may,
upon the application of either party, cancel such agreement or award,
n such terms as may be just, if it be shown to his satisfaction that
workman has returned to work and is earning approximately the
same or higher wages as or than he did before the accident, or that the
agreement or award has been obtained by fraud or undue influence,
or that the committee 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 employee absents
nimself so that a reasonable examination of his condition can not be
made, or has departed beyond the boundaries of the United States or
Canada.

260

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Sec. 30. At any time alter the filing of an agreement or award and
before judgment has been granted thereon, the employer may stay
proceedings thereon by filing in the office of the clerk of the district
court wherein such agreements or award is filed: (a) A proper certifi
cate of a qualified insurance company that the amount of the compen
sation to tne workman is insured by it: (b) A proper bond undertaking
to secure the payment of the compensation. Such certificate or bond
shall first be approved by a judge of the said district court.
Lump-sum pay- sEc. 31. At any time alter an agreement or award has been filed, the
ments.
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 dis
charged, the court shall examine the workman under oath, and if satis
fied that the application is made because of doubt as to the security of
his compensation, shall compute the sum and direct judgment accord
ingly, as if in an action: Provided, That if the employer shall give a
good and sufficient bond, approved by the court, no execution shall
issue on such judgment so long as the employer continues to make pay
ments in accordance with the original agreement or award undimin
ished by the discount.
Review, etc.
Sec. 32. An agreement or award may be modified at any time by a
subsequent agreement; or, at any time after one year from the date of
filing; it may be reviewed, upon the application of either parly on the
ground that the incapacity of the workman has subsequently increased
or diminished. Sucli application shall be made to the said district
court; and, unless the parties consent to arbitration, the court may
stay of
ceedings.

pro-

ancl upon his report and after hearing the evidence of the parties, the
court may modify such agreement or award, as may be just, oy ending,
increasing or diminishing the compensation, subject to the limitations
hereinbefore provided.
Lump-sum
Sec. 33. Where any payment has been continued for not less than
sfcc months.
six months the liability therefor may be redeemed by the employer by
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 by agreement, or, in default
thereof, upon application, to a judge of a district court having jurisdic
tion. Upon paying such amount the employer shall be discharged
from all further liability on account of the injury, and be entitled to a
duly executed release, upon filing which or other due proof of payment,
the liability upon any agreement or award shall be discharged of record.
,• s
It s ®BC*34. Where the payment of compensation to the workman is
rights ana duties,
by a policy or policies, at the expense of the employer, the
insurer shall be subrogated to the rights ana duties under this act of the
employer, so far as appropriate.
Courts.
Sec. 35. All 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.
Legal enforce- Sec. 36. A workman’s right to compensation under this act, may, in
ment*
default of agreement or arbitration, oe determined and enforced by
action in any court of competent jurisdiction. In every such action
the right to trial by jury shall be deemed waived and the case tried by
the court without a jury, unless either party-, with his notice of trial, or
when the case is placed upon the calendar—demand a iury 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, m the dis
cretion of the trial judge, for periodical payments as in an award.
Where death results from injury, the action shall be brought by the
dependent or dependents entitled to the compensation or by the legal
representative of the deceased for the benefit of the dependents as herein
defined; and in such action the judgment may provide for the propor
tion of the award to be distributed to or between tne several dependents;

APPENDIX— W O RK M E N ’ S COMPENSATION LAWS— KANSAS.

261

otherwise such proportions shall be determined by the proper probate
court. An action to set aside a release or other discharge of liability on
the ground of fraud or mental incompetency may be joined with an
action for compensation under this act. No action or proceeding pro
vided for in this act shall be brought or maintained outside of the State
of Kansas, and notice thereof may be given by 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, and by personal service of a true copy of the first publica
tion within twenty-one days after the date of the said first publication
unless excused by the court upon proper showing that such service can
not be made.
Sec. 37. The cause of action shall be deemed in every case, includ- Rights accrue,
ing a case where death results from the injury to have accrued to the en*
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.
Sec. 38. Contingent fees of attorneys for services and proceedings Attorneys’ fees,
under this act shall in every case be subject to approval by the court.

Sec. 39. If the superintendent of insurance by and with the advice . S^mes may
and written approval of the attorney general certifies that any scheme substituted,
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 ana their depend
ents than the corresponding scales contained in this act, and that, where
the scheme provides for contributions by 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 there
upon the employer shall be liable only in accordance with that scheme;
but, save as aforesaid, 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 Provisions to
suitable provisions for the equitable distribution of any moneys or *>eequitable,
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 require- C e r t i f i c a t e
ments of this article, or is not fairly administered, or other valid and may revoked.
substantial reasons therefor exist, the superintendent of insurance by
and with the attorney general shall revoke the certificate and the
scheme shall thereby be terminated.
Sec. 42. Where a certified scheme is in effect the employer shall Reports,
answer all such inquiries and furnish all such accounts in regard thereto
as may be required by the superintendent.

Sec. 43. The superintendent of insurance may jnake all rules and Rules,
regulations necessary to carry out the purposes of the four preceding
sections.

Sec. 44 (as amended by Chapter 216, Acts of 1913). All employers Election by emas defined by and entitled to come within the provisions of this act, p yers*
shall be presumed to have done so unless such employer shall file with
the secretary of state at Topeka, Kansas, a written statement that he
elects not to accept thereunder, and thereafter any such employer
desiring to change his election shall only do so by filing a written
declaration thereof with the secretary of state. Notice of such elec
tion shall be forthwith posted by such employer in conspicuous places
in and about his place of business.
S ec. 45 (as amended by Chapter 216, Acts of 1913). Every employee By employees,
entitled to come within the provisions of this act, shall be presumed
to have done so unless such employee, shall file with the secretary of
state, before injury, a written declaration that he elects not to accept
thereunder and thereafter any such employee desiring to change his
election shall only do so by filing a written declaration thereof with the
secretary of state. Any contract wherein an employer requires of an

262

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

employee as a condition of employment that lie shall elect not to come
within the provisions of this act snail be void.
S ec. 46. In any action to recover damages for a personal injury sustained within this State by 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 employer or of any
officer, agent or servant of the employer, where such employer is
within the provisions hereof, it shall not be a defense to any employer
(as herein m this act defined) who shall not have elected, as hereinDfcfenses abro- before provided, to come within the provisions of this act; (a) That the
gated, when.
employee either expressly or impliedly assumed the risk or the hazard
complained of; (b) that the injury or death was caused in whole or in
part oy the want or due care of a fellow servant; (c) that such employee
was guilty of contributory negligence but such contributory negligence
of said employee shall be considered by the jury in assessing the
amount of recovery.
Def ens es al- S ec. 47. In an action to recover damages for a personal injury suslowed, when.
tained within this State by 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 recov
ery is sought upon the ground of want of due care of the employer
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 employee has elected not to come within the pro
visions of this act; (a) That the employee either expressly or impliedly
assumed the risk of the hazard complained of; (b) that the injury or
death was caused in whole or in part by the want of due care of a fel
low servant; (c) that said employee was guilty of contributory negli
gence: Provided, however, That none of these defenses shall be available
where the injury was caused by the willful or gross negligence of such
employer, or of any managing officer, or managing agent of said em
ployer or where under the law existing at the time of the death or
injury such defenses are not available.
Construction S ec. 48. Nothing in this act shall be construed to amend or repeal
of statute.
section 6999 of the General Statutes of Kansas of 909, or House bill No.
240 of the Session of 1911, the same being “ An act relating to the
liability of common carriers by railroads to their employees in certain
cases, and repealing all acts and parts of acts so far as the same are in
conflict herewith.
in effect, when. Sec. 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.
Approved March 14,1911.
Suits
damages.

for

MARYLAND.

ACTS OF 1912.
C h ap ter

837.—Compensation of workmen for injuries—Cooperative
insurance.

S ectio n 1. It shall be lawful for any employer to make a contract
jn writing with any employee whereby the parties may agree that
[the] employee shall become insured against accident occurring in the
course oi employment which results in personal injury or death, in
accordance with the provisions of this act, and that in consideration of
such insurance the employer shall be relieved from the consequences
on lia~ ac^Bor omissions by reason of which he would without such contract
b y.
become liable toward such employee or toward the legal representa
tive, widow, widower, or next of kin of such employee.
Who may write S ec. 2. Such insurance shall be effected in some casualty company
insurance.
organized under the laws of the State of Maryland or admitted to do
business in this State, provided that any employer employing not less
Establishment than fifteen hundred (1,500) employees may establish an insurance
fund from sums contributed by himself and his employees upon con
dition that he undertake and agree to make up any deficiency in
Agreements to

accept law.

APPENDIX— W O R K M E N 'S COMPENSATION LAWS---- MARYLAND.

263

insurance benefits that may arise out of the inadequacy of such fund.

Such fund shall be inviolably appropriated as a trust fund for the
purpose of such insurance ana shall not be invested otherwise. Pro
vision shall be made for the election by the insured employees of an
advisory committee, which shall be kept informed regarding the state
of the insurance fund, and shall have the right to examine the books
kept in connection therewith. Such books shall also be subject to
the inspection of the insurance commissioner of this State in the same
manner as books of insurance companies doing business in this State.
Upon the request of the employer or upon the request of the advisory
committee, the insurance commissioner shall act as depository of the
securities in which such funds may be invested.
If any employer desires to discontinue an insurance fund main- D iscontinutained by him, or if he discontinues his business without transferring ances‘
the same to a successor or assign, taking over and agreeing to maintain
such fund, he shall notify the insurance commissioner of his puroose,
who shall thereupon supervise the disposition of the insurance rund.
Such fund shall be distributed among those equitably entitled to it
according to their contribution (not taking into consideration expenses
of the management), and where those entitled to any part of the fund
can not be discovered or ascertained the money remaining unclaimed
shall be paid into the insurance department, to be held and disposed of
as may be provided by law.
The insurance commissioner shall be entitled to be paid out of such
fund the reasonableexpensesof his supervision,includinga compensation
not to exceed ten dollars per day for the time of any person or persons
(other than a salaried employee of his office) employed by him for the
purpose of such supervision necessarily spent in connection therewith.
S ec. 3. Such insurance shall cover the risk of personal injury by Soope 01 in*
accident arising out of and in course of the employment resulting in saranoe*
death; provided death occur within twelve months from the time of
such injury, or resulting in disability, whether the same be total or
partial, permanent or temporary. But no one shall be entitled to any
benefit hereunder where the injury is the result of the employee’s intox
ication, or willful and deliberate act or deliberate intention to produce
such injury.
Sec. 4. The insurance in case of death shall be for the benefit of such
persons being the widow, widower, father, mother, son or daughter, as
are dependent wholly or in part for their support upon the earnings of
such employee (all of which persons are hereinafter designated as
dependents of such employee), or of such of them as may be named in
the contract or policy to whicn it refers and the person for whose benefit
such insurance is made should be bound by the agreement authorized
by the first section of this act.

Beneficiaries,

Sec. 5. In order to satisfy the requirements of this act, the benefits Benefits,
payable under such insurance shall be at least as follows:

(I) In case of death:

(a) If the employee insures for the benefit of any dependent wholly Death,
dependent upon his wages at the time of his death, a sum equal to his
wages in the employment of said employer during a period of three
years next preceding the accident, but not less in any case than the
sum of one thousand dollars: Provided, That the amount of any weekly
Pjayment made under such insurance or any lump sum paid in redemp
tion thereof, may be deducted from such sum; and if the period of the
employee’s employment by said employer has been less than said
three years, then the amount of his earnings during said three years
shall be deemed to be one hundred and fifty-six times his average
weekly earnings during the period of his actual employment by said
employer.
(b) If the employee insures for the benefit only of persons partly
dependent upon his wages at the time of his death, then a sum equal
to the payment provided for the benefit of persons wholly dependent,
less six times the average annual earnings; or if employed for less than
a year, then less three nundred times the average weekly earnings of
said dependent person or persons partly dependent on his wages.
(c) If the employee leaves no dependents, then the reasonable
expenses of his medical attendance shall be paid, and in addition

264

BULLETIN OF THE BUBEAU OF LABOB STATISTICS.

burial expenses not less than seventy-five dollars nor more than one
hundred dollars.
And the contract or policy therein referred to may provide for the
payment, instead of a lump sum, of a weekly sum which, in the case of
persons wholly dependent, shall not be less than the weekly payment
in case ol total disability hereinafter provided for, and which, in case
of persons partly dependent, shall not be less than the weekly pay
ment in case of total disability, less the amounts earned by the per
sons partly dependent, and which sum may be divided between the
dependent in such a. manner as such contract or policy may provide
or as may otherwise be agreed upon; or such contract or policy may
provide for a combination of lump sums, weekly payment, or for the
substitute of one for the other.
Nonfatai
in- (H) i n case of injury not resulting in death, when total disability
juries.
results from the injury, a weekly payment during the period of such
disability shall be paid to the insured, which shall not be less than
fifty per cent of his average weekly wages during the previous twelve
months, if he has been so long employed by the contracting employer;
if not, then a weekly benefit during such shorter period as Be has been
in the employment of said employer.
(Ill) In case of injury not resulting in death, where partial disa
bility results, such weeldy payments shall be made during the period
of such partial disability as is equal to the difference between the
weekly benefit payment, during the period of total disability and the
average amount which the injured person is able to earn after the
accident.
Loss by actual separation at or above the wrist or ankles of both
hands or Doth feet, or of one hand and one foot, or the irrevocable loss
of both eyes, shall be deemed to be equal to total disability.
The loss by actual separation at or above the wrist or ankle of one
hand or foot shall be equal to one-half of total disability, and the loss
of one eye shall be equal to one-fifth of total disability. .Total disability
shall be deemed to mean inability to carry on any gainful occupation.
The contract or policy herein referred to may provide that no benefits
shall be paid in case of any injury which does not incapacitate the em
ployee for a period of at least one week from earning rail wages at the
work at which he was employed at the time of the accident.
Contributions.
Sec. 6. Any contract in order to satisfy the requirements of this act
shall provide that the employer shall contribute not less than fifty per
cent of the insurance premiums and the employees shall contribute the
remainder of the premiums.
In case the employer provides any insurance fund out of contribu
tions made by himself and his own employees as above provided, such
employer shall pay the whole of the expenses of the management of
such fund, and all contributions shall be paid into such fund without
any deduction by reason of such expense.
Notice of acci- Sec. 7. The contract may provide that upon penalty of forfeiture of
aents.
the benefits of the insurances, the employee shall give reasonable and
timely notice to his employer, to be fixed by the terms of this contract,
of any accident which may entitle him to the benefit of such insurance;
and that he shall submit himself to medical examination as required by
the employer at the employer’s expense.
Deductions
sBC. 8. The contract may provide that the premium payable by the
from wages.
employees shall be deducted from their wages.
An employer who shall willfully and feloniously appropriate the
amounts so deducted from the wages to any use other than the payment
of insurance premium as stipulated in the contract, shall be guilty of
embezzlement and shall be punished accordingly.
Treasurer.
Sec. 9. The contract between the employer ana employee may pro
vide that the insurance premiums shall be paid into the hands of a
treasurer to be elected or appointed by the employees or by the em
ployer and the employees in such manner and under such voting
arrangement as the contract may specify.
The payment of the premiums to the treasurer shall relieve the
employer, and the penalty above prescribed for misappropriation
of the funds required to be applied to insurance shall apply to such
treasurer.

APPENDIX— W O RK M E N ’ S COMPENSATION LAWS— MARYLAND.

265

S ec. 10. In case of nonpayment of the premiujns within one month Nonpaymentof
after the same are payable, the insurance company shall within two prem *
months after the expiration of such month send notice of such default
by mail to the insured and to the insurance commissioner of the State.
The insurance policy or contract between the employer and employee
may specify a shorter period than the one hereinprovided for.
Until the required notice shall have been sent, the policy shall not
be forfeited for nonpayment of the premium.
S ec. 11. The employer may also advance the premiums of insurance Advances by
for such number of employees and at such rates as may be agreed upon employers*
between him and the insurance company, and may thereupon be sup-

lied by the insurance company with blank policies to be filled in by
im with name of any beneficiary under the provisions of this act,
and to be executed by him as agent of such company, and he may there
upon reimburse himself for the amounts payable by the employee by
deducting the same from the wages of such employee.
Sec. 12. Such contract may provide that upon termination of his Termination of
employment from any cause whatever the employee and his dependent °°ntracts*
shall cease to be entitled to the benefits of such insurance except as
regards accidents occurring before the termination of his employment.
Sec. 13. Such contract may provide that any controversy regarding Disputes,
the extent of disability or the extent of dependency, or any controversy
between dependents as to the amounts payable to them respectively,
shall be settled by arbitration, the arbitrations [arbitrators] to be
named by mutual consent of the parties; and should the parties fail to
agree upon an arbitrator, then the arbitrator to be named b y a iudge of
the circuit court of the county or city of Baltimore in which the acci
dent happened, and the award of such arbitrator shall be binding upon
both employee or his dependents, as the case may be.
Sec. 14. Any insurance paid in accordance with the provisions of this E x e m p t i o n
act shall not be liable to attachment by trustee, garnishee or other ifentletettaCl1"
process, and shall not be seized, taken, appropriated or applied by any
9
legal or equitable process or by operation of law. to pay any debt or lia
bility of the insured or any beneficiary, nor shall any claim to insurance
money be assignable by payee before the same is paid.
Sec. 15. A contract of insurance in pursuance o f the terms of this act Failure to
shall not relieve the employer from liability for any accident directly
safegiiards.
due to his failure to supply any safeguard required to be provided for
the protection of employees, by or pursuant to any statute or ordinance,
or any regulation under any statute or ordinance, unless it shall have
been impossible to comply with such requirement by the time the acci
dent happened, or unless the enforcement thereof has been suspended
or [on] order of a court of competent jurisdiction.
S ec. 16. Every employer shall file with the insurance commissioner Forms to be
a copy of the form of contract and policy which he shall use under the m *
provisions of this act, and in the event of such form being departed from
in any particular case shall also file a copy of such particular contract.

If he shall fail to do so, he shall be liable to a penalty of fifty dollars
in each case, to be recovered in an action of debt in the name of the
State.

Sec. 17. A quarterly report of all settlement and payment of insurance Quarterly re
benefits shall be filed by the employer with the insurance commissioner. ports*

If such employer shall fail to make such report in thirty days after de
mand by insurance commissioner, he shall be liable to a penalty of fifty
dolars [dollars], to be recovered in an action of debt in tne name of the
State.

Sec. 18. The insurance commissioner shall prepare blanks of contract Blanks,
and policy complying with the provisions of this act, and shall distrib
ute tne same, upon application, free of charge.
S ec. 19. Nothing in this act contained shall be construed as author- (^ tra^®. no*
izing any employer, any officer or agent of such employer to require any employment
employee or any person seeking employment, as a condition of such em
ployment or of the continuance of such employment, to enter into a con
tract, or to continue in such contract, such as is authorized to be made
by section 1 of this act.
S ec. 21. This act shall take effect and be in force from the date of its Act in effect,
passage.
Approved April 15,1912.

266

BULLETIN OF THE BUREAU OP LABOR STATISTICS.

MASSACHUSETTS.
ACTS OF 1911.
Ch apter

751.—Compensation for injured employees—State insurance
association.
Part I.
MODIFICATION 0 7 REM EDIES.

Sui ts for Section 1. In an action to recover damages for personal injury susabro- tained by an employee in the course of his employment, or for death
gated.
resulting from personal injury so sustained, it shall not be a defense:
1. That the employee was negligent;
2. That the injury was caused by the negligence of a fellow em
ployee;
3. That the employee had assumed the risk of the injury.
Farm laborers, Sec. 2. The provisions of section one shall not apply to actions to
etc*
recover damages for personal injuries sustained by domestic servants
and farm laborers.
Employees of Sec. 3. The provisions of section one shall not apply to actions to
40 recover damages for personal injuries sustained by employees of a sub
scriber.
Same.
Sec. 4. The provisions of sections one hundred and twenty-seven to
one hundred and thirty-five, inclusive, and of one hundred and fortyone to one hundred ana forty-three, inclusive, of chapter five hundred
and fourteen of the acts of tne year nineteen nundrea and nine, and of
any acts in amendment thereof, shall not apply to employees of a sub
scriber while this act is in effect.
rSlnses

Presumption Sec. 5. An employee of a subscriber shall be held to have waived his
of waiver.
right of action at common law to recover damages for personal injuries

if ne shall not have given his employer, at the time of his contract of
hire, notice in writing that he claimed such right, or if the contract of
hire was made before the employer became a subscriber, if the em
ployee shall not have given the said notice within thirty days of notice
of such subscription. An employee who has given notice to his
employer that he claimed his right of action at common law may
waive such claim by a notice in writing which shall take effect five
days after it is delivered to the employer or his agent.
Part II.
PAYMENTS.

S ection 1. If an employee who has not given notice of his claim of
common jaw rights of action, as provided in Part I, section five, or who
has given such notice and has waived the same, receives a personal
injury arising out of and in the course of his employment, he shall be
paid comjjensation by the association, as hereinafter provided, if his
employer is a subscriber at the time of the injury.
Misconduct.
Sec. 2. If the employee is injured by reason of his serious and will
ful misconduct, he snail not receive compensation.
Double com- Sec. 3 (asamended by Chapter 571, Actsof 1912). If the employee is
pensation.
injured by reason of the serious and willful misconduct of a subscriber
or of any person regularly entrusted with and exercising the powers of
superintendence, the amounts of compensation hereinafter provided
shall be doubled. In such case the subscriber shall repay to the asso
ciation the extra compensation paid to the employee. If a claim is
made under this section the subscriber shall be allowed to appear and
defend against such claim only.
Waiting time.
sEc. 4. No compensation shall be paid under this act for any injury
which does not incapacitate the employee for a period of at least two
weeks from earning full wages, but if incapacity extends beyond the
period of two weeks, compensation shall begin on the fifteenth day
after the injury.
Medical, etc., Sec. 5. During the first two weeks after the injury, the association
shall furnish reasonable medical and hospital services, and medicines
when they are needed.

Compensation
payable, when.

APPENDIX— W O R K M E N 'S COMPENSATION LAWS— MASS.

267

Sec. 6. If death results from the injury, the association shall pay the Death benefits,
dependents of the employee, wholly dependent upon his earnings for
support at the time of the injury, a weekly payment equal to one-half
his average weekly wages, but not more than ten dollars nor less than
four dollars a week, for a period of three hundred weeks from the date
of the injury. If the employee leaves dependents only partly depend
ent upon his earnings for support at the time of his injury, the associa
tion shall pay such dependents a weekly compensation equal to the
same proportion of the weekly payments for the benefit of persons
wholly dependent as the amount contributed by the employee to such
partial dependents bears to the annual earnings of the deceased at the
time of his injury. When weekly payments have been made to an
injured employee before his death, the compensation to dependents
shall begin from the date of the last of such payments, but shall not
continue more than three hundred weeks from the date of the injury.
Sec. 7. The following persons shall be conclusively presumed to be Dependents,
wholly dependent for support upon a deceased employee:
(a) A wife upon a husband with whom she lives at the time of his
death.
(b) A husband upon a wife with whom he lives at the time of her
death.
(c) A child or children under the age of eighteen years (or over said
age, but physically or mentally incapacitated from earning) upon the
parent with whom he is or they are living at the time of tne 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 dependency, in whole or in part, shall
be determined in accordance with the fact, as the fact may be at the
time of the injury; 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 partly dependent, if any, shall receive no
part thereof; if there is no one wholly dependent and more than one
person partly dependent, the death benefit shall be divided among
them according to the relative extent of their dependency.
Sec. 8. If the employee leaves no dependents, the association shall No dependents,
pay the reasonable expense of his last sickness and burial, which shall
not exceed two hundred dollars.

Sec. 9. While the incapacity for work resulting from the injury is
total, the association shall pay the injured employee a weekly com
pensation equal to one-half his average weekly wages, but not more
than ten dollars nor less than four dollars a week; and m no case shall

incapacity,

weelcs, nor the amount more than three thousand dollars.
Sec. 10. While the incapacity for work resulting from the injury is
inca*
partial, the association shall pay the injured employee a weekly com- u*01™'
pensation equal to one-half the difference between his average weekly
wages before the injury and the average weekly wages which he is able
to earn thereafter, but not more than ten dollars a week; and in no
case shall the period covered by such compensation be greater than
three hundred weeks from the date of the injury.
Sec. 11 (as amended by Chapter 696, Acts of 1913). In case of the fol- Specific injuries,
lowing specified injuries the amounts hereinafter named shall be paid
in addition to all other compensation:
(a) For the loss by severance of both hands at or above the wrist, or
both feet at or above the ankle, or the loss of one hand and one foot, or
the reduction to one-tenth of normal vision in both eyes with glasses,
one-half of the average weekly wages of the injured person, but not
more than ten dollars nor less than four dollars a week, for a period of
one hundred weeks.
(b) For the loss by severance of either hand at or above the wrist, or
either foot at or above the ankle, or the reduction to one tenth of normal
vision in either eye with glasses, one half the average weekly wages of
the injured person, but not more than ten dollars nor less than four
dollars a week, for a period of fifty weeks.
(c) For the loss by severance at or above the second joint of two or
more fingers, including thumbs, or toes, one half the average weekly

268

BULLETIN OF THE BUREAU OP LABOR STATISTICS.

wages of the injured person, but not more than ten dollars nor less than
four dollars a week, for a period of twenty-five weeks.
(d) For the loss by severance of at least one phalange of a finger,
thumb, or toe, one half the average weekly wages of the injured person,
but not more than ten dollars nor less than four dollars a week, for a
period of twelve weeks.
(e) The additional amounts provided for in this section in case of the
loss of a hand, foot, thumb, filler or toe shall also be paid for the num
ber of weeks above specified, in case the injury is such that the hand,
foot, thumb, finger or toe is not lost but is so injured as to be perma
nently incapable of use.
Insurance n°t Sec. 12. No savings or insurance of the injured employee, inde
considered*
pendent of this act, shall be taken into consideration in determining
the compensation to be paid hereunder, nor shall benefits derived from
any other source than the association be considered in fixing the com
pensation under this act.
Payee.
Sec. 13. The compensation payable under this act in case of the
death of the injured employee snail be paid to his legal representative;
or, if he has no legal representative, to his dependents; or, if he leaves
no dependents, to the persons to whom payment of the expenses for
the last sickness and burial are due. If the payment is made to the
legal representative of the deceased employee, it shall be paid by him
to the dependents or other persons entitled thereto under this act.
incompetent Sec. 14. If an injured employee is mentally incompetent or is a
persons.
minor at the time when any right or privilege accrues to him under
this act, his guardian or next fnend may in his behalf claim and exer
cise such right or privilege.
Notice.
Sec. 15. No proceedings for compensation for an injury under this
act shall be maintained unless a notice of the injury shall have been
given to the association or subscriber as soon as practicable after the
happening thereof, and unless the claim for compensation with respect
to such injury shall have been made within six months after the occur
rence of tne same; or, in case of the death of the employee, or in the
event of his physical or mental incapacity, within six months after
death or the removal of such physical or mental incapacity.
Form.
Sec. 16 (as amended by Chapter 571, Acts of 1912). The said notice
shall be in writing, and shall state in ordinary language the time, place
and cause of the injury, and shall be signed by the person injured, or
by a person in his behalf, or, in the event of his death, by his legal
representative or by a person in his behalf, or by a person to whom
payments may be due under this act or by a person in nis behalf. Any
form of written communication signed by any person who may give
the notice as above provided, which contains the information that the
person has been so injured, giving the time, place and cause of the
injury, shall be considered a sufficient notice.
Service.
Sec. 17. The notice shall be served upon the association, or an officer
or agent thereof, or upon the subscriber, or upon one subscriber, if
there are more subscribers than one, or upon any officer or agent of a
corporation if the subscriber is a corporation, by delivering the same
to the person on whom it is to be served, or leaving it at his residence
or place of business, or by sending it by registered mail addressed to
the person or corporation on whom it is to be served, at his last known
residence or place of business.
Sufficiency.
Sec. 18. A notice given under the provisions of this act shall not be
held invalid or insufficient by reason of any inaccuracy in stating the
time, place or cause of the injury, unless it is shown that it was the
intention to mislead and the association was in fact misled thereby.
Want of notice shall not be a bar to proceedings under this act, if it be
shown that the association, subscriber, or agent had knowledge of the
injury.
Medical exami S ec. 19 (as amended by Chapter 571, Acts of 1912). After an em
nations.
ployee has received an injury, and from time to time thereafter during
the continuance of his disability he shall, if so requested by the asso
ciation or subscriber, submit himself to an examination by a physician
or surgeon authorized to practice medicine under the laws o f the Com
monwealth, furnished and paid for by the association or subscriber.
The employee shall have tlie right to have a physician provided and

APPENDIX— W O RK M E N ’ S COMPENSATION LAWS— MASS.

269

paid for by himself present at the examination. If he refuses to sub
mit himself for the examination, or in any way obstructs the same, his
right to compensation shall be suspended, and his compensation during
the period 01 suspension may be forfeited.
Sec. 20. No agreement by an employee to waive his rights to com- Waivers,
pensation tinder this act shall be valid.
Sec. 21. No payment under this act shall b© assignable or subject to Payments exattachment, or be liable in any way for any debts.
empt*
Sec. 22. Whenever any weekly payment has been continued for not L ump -sum
less than six months, the liability therefor may in unusual cases be paymen
redeemed by the payment of a lump sum by agreement of the parties,
subject to the approval of the industrial accident board.
S ec. 23 (added by Chapter 571, Acts of 1912). The claim for com- Claims,
pensation shall be in writing and shall state the time, place, cause and
nature of the injury; it shall be signed by the person injured or by a
person in his benalf, or, in the event of his death, by his legal repre
sentative or by a person in his behalf, or by a person to whom payments
may be due under this act or by a person in his behalf, and shall be
filed with the industrial accident board. The failure to- make a claim
within the period prescribed by section fifteen shall not be a bar to the
maintenance of proceedings under this act if it is found that it was oc
casioned by mistake or other reasonable cause.
Part III.
PROCEDURE.

S ec. 1 (as amended by Chapter 571, Acts of 1912). There shall be an
**
industrial accident board consisting of five members, to be appointed
board,
by the governor, by and with the advice and consent of the council,
one of whom shall be designated by the governor as chairman. The
term of office of members of this board shall be five years, except that
when first constituted one member shall be appointed for one year,
one for two years, one for three years, one for four years, and one for
five years. Thereafter one member shall be appointed every year for
the full term of five years.
Sec. 2 (as amended by Chapter 48, Acts of 1913). The salaries and Salaries, etc.
expenses of the board shall be paid by the Commonwealth. The salary
of the chairman shall be five thousand dollars a year, and the salary of
the other members shall be forty-five hundred dollars a year each.
The board may appoint a secretary at a salary of not more than three
thousand dollars a year, and may remove him. It shall be also allowed
such sums as may annually be appropriated by the general court for
clerical service, and travelling and other necessary expenses. The
board shall be provided with an office in the statehouse or in some
some other suitable building in the city of Boston, in which its records
shall be kept.
Sec. 3 (as amended by Chapter 571, Acts of 1912). The board may P o w e r s of
make rules not inconsistent with this act for carrying out the provisions
of the act. Process and procedure under this act shall be as summary
as reasonably may be. The board or any member thereof shall have
the power to subpoena witnesses, administer oaths, and to examine
such parts of the books and records of the parties to a proceeding as
relate to questions in dispute. The fees for attending as a witness be
fore the industrial accident board shall be one dollar and fifty cents a
day, for attending before an arbitration committee fifty cents a day;
in both cases five cents a mile for travel out and home.
The superior court shall have power to enforce by proper proceed
ings the provisions of this section relating to the attendance and testi
mony of witnesses and the examination of books and records.
Sec. 4 (as amended by Chapter 571, Acts of 1912). If the association . ^ W ments 40
and the injured employee reach an agreement in regard to compensation under this act, a memorandum of the agreement shall be filed
with the industrial accident board and, if approved by it. thereupon
the memorandum shall for all purposes be enforcible under the pro
visions of Part III, section eleven. Such agreements shall be ap
proved by said board only when the terms conform to the provisions
of this act.

270

BULLETIN OF THE BUBEAU OF LABOR STATISTICS.

gBc. 5 (as amended by Chapter 571, Acts of 1912). If the association
and the injured employee fail to reach an agreement in regard to
compensation under this act, either party may notify the industrial
accident board who shall thereupon call for the formation of a com
mittee of arbitration. The committee of arbitration shall consist of
three members, one of whom shall be a member of the industrial acci
dent board, and shall act as chairman. The other two members shall
be named, respectively, by the two parties. If the subscriber has ap
peared under the provisions of Part II, section three, the member
named by the association shall be subject to his approval. If a va
cancy occurs it shall be filled by the party whose representative is
unable to act.
The arbitrators appointed by the parties shall be sworn by the
chairman as follows: I -------- do solemnly swear that I will faithfully
perform my duty as arbitrator and will not be influenced in my de
cision by any feeling of friendship or partiality toward either party.
So help me God.
Duty of board. S ec. 6 (as amended by Chapter 571, Acts of 1912). It shall be the
duty of the industrial accident board, upon notification that the par
ties have failed to reach an agreement, to request both parties to ap
point their respective representatives on the committee of arbitration.
The board shall designate one of its members to act as chairman, and,
if either party does not appoint its member on this committee within
seven days after notification, as above provided, or after a vacancy has
occurred, the board or any member thereof shall fill the vacancy and
notify the parties to that effect.
Investigation.
gBC. 7 (as amended by Chapter 571, Acts of 1912). The committee
on arbitration shall make such inquiries and investigations as it shall
deem necessary. The hearings of the committee shall be held in the
city or town where the injury occurred, and the decision of the com
mittee, together with a statement of the evidence submitted before it,
its findings of fact, rulings of law and any other matters pertinent to
questions arising before it shall be filed with the industrial accident
board. Unless a claim for a review is filed by either party within
seven days, the decision shall be enforcible under the provisions of
Part III, section eleven.
Physician.
gEC. 8. The industrial accident board or any member thereof may
appoint a duly qualified impartial physician to examine the injured
employee and to report. The fee for mis service shall be five dollars
ana traveling expenses, but the board may allow additional reasonable
amounts in extraordinary cases.
Few.
gBo. 9. The arbitrators named by or for the parties to the dispute
shall each receive five dollars as a fee for his services, but the industrial
accident board or any member thereof may allow additional reasonable
amounts in#extraordinary cases. The fees shall be paid by the asso
ciation, which shall deduct an amount equal to one third of the sum
from any compensation found due the employee.
Review.
gEc. 10 (as amended by Chapter 571, Acts of 1912). If a claim for a
review is filed, as provided in rart III, section seven, the board shall
hear the parties and may hear evidence in regard to any or all matters
pertinent thereto and may revise the decision of the committee in
whole or in part, or may refer the matter back to the committee for
further findings of fact, and shall file its decision with the records of the
proceedings and notify the parties thereof. No party shall as a matter
of right be entitled to a second hearing upon any question of fact.
D e c r e e s by S ec. 11 (as amended by Chapter 571, Acts of 1912). Any party in
courts.
interest may present certified copies of an order or decision of the board,
a decision of an arbitration committee from which no claim for review
has been filed within the time allowed therefor, or a memorandum of
agreement approved by the board, and all papers in connection there
with, to the superior court for the county in which the injury occurred
or for the county of Suffolk, whereupon said court shall render a decree
in accordance therewith and notify the parties. Such decree shall
have the same effect and all proceedings in relation thereto shall there
after be the same as though rendered m a suit duly heard and deter
mined by said court, except that there shall be no appeal therefrom
upon questions of fact, or where the decree is based upon a decision of
Arbitration.

APPENDIX— W O RK M E N 'S COMPENSATION LAWS— MASS.

271

an arbitration committee or a memorandum of agreement, and that there
shall be no appeal from a decree based upon an order or decision of the
board which has not been presented to the court within ten days after
the notice of the filing thereof by the board. Upon the presentation to
it of a certified copy of a decision of the industrial accident board
ending, diminishing or increasing a weekly payment under the provi
sions of Part III, section twelve, the court shall revoke or modify the
decree to conform to such decision.
Sec. 12. Any weekly payment under this act may be reviewed by Review of
the industrial accident board at the request of the association or of the awai^*
employee; and on such review it may be ended, diminished or in
creased, subject to the maximum and minimum amounts above pro
vided, if the board finds that the condition of the employee warrants
such action.
S ec. 13. Fees of attorneys and physicians for services under this act Fees. to be apshall be subject to the approval of the industrial accident board.
proved.
Sec. 14. If the committee of arbitration, industrial accident board, °°sts.

or any court before whom any proceedings are brought under this act
determines that such proceedings have been brought, prosecuted, or
defended without reasonable ground, it shall assess tne whole cost of the
proceedings upon the party wno has so brought, prosecuted or defended
them.

Sec. 15 (as amended by Chapter 448, Acts of 1913). Where the injury injuries.caused
for which compensation is payable under this act was caused under y third persons,
circumstances creating a legal liability in some person other than the
subscriber to pay damages in respect thereof, the employee may at his
option proceed either at law against that person to recover damages, or
against the association for compensation imder this act, but not against
both, and if compensation be paid under this act, the association may
enforce in the name of the employee, or in its own name and for its own
benefit, the liability of such other person, and in case the association
recovers a sum greater than that paid by the association to the employee
four-fifths of the excess shall be paid over to the employee.
S ec. 16 (as amended by Chapter 571, Acts of 1912). All questions Disputes,
arising under this act, if not settled by agreement by the parties inter
ested therein, shall, except as otherwise herein provided, be determined
by the industrial accident board. The decisions of the industrial
accident board shall for all purposes be enforcible under the provisions
of Part III, section eleven.
S ec. 17. If a subscriber enters into a contract, written or oral, with Independent
an independent contractor to do such subscriber’s work, or if such a 0(mtractor8.
contractor enters into a contract with a subcontractor to do all or any
part of the work comprised in such contract with the subscriber, and
the association would, if such work were executed by employees
immediately employed by the subscriber, be liable to pay compensa
tion under this act to those employees, the association shall pay to such
employees any compensation which would be payable to them under
this act if the independent or subcontractors were subscribers. The
association, however, shall be entitled to recover indemnity from any
♦other person who would have been liable to such employees inde
pendently of this section, and if the association has paid compensation
under the terms of this section, it may enforce in the name of the em
ployee, or in its own name and for the benefit of the association, the
liability of such other person. This section shall not apply to any
contract of an independent or subcontractor which is merely ancillary
and incidental to, and is no part of or process in, the trade or business
carried on by the subscriber, nor to any case where the injury occurred
elsewhere than on, in, or about the premises on which the contractor
has undertaken to execute the work for the subscriber or which are
under the control or management of the subscriber.
Sec. 18. Every employer shall hereafter keep a record of all injuries, Accidents to be
fatal or otherwise, received by his employees in the course of their em- reported,
ployment. Within forty-eight hours, not counting Sundays and legal
holidays, after the occurrence of an accident resulting in personal injury
a report thereof shall be made in writing to the industrial accident board
on blanks to be procured from the board for the purpose.

272

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Upon the termination of the disability of the injured employee or; if
such disability extends beyond a period of sixty days, at the expiration
of such period the employer shall make a supplemental report on blanks
to be procured from me board for that purpose.
The said reports shall contain the name and nature of the business of
the employer, the location of the establishment, the name, age, sex and
occupation of the injured employee, and shall state the date and hour
of the accident, the nature and cause of the injury, and such other infor
mation as may be required by the board.
Any employer who refuses or neglects to make the report required by
this section shall be punished by a fine of not more than fifty dollars for
each offense.
P a r t IV.
THE MASSACHUSETTS EMPLOYEES INSURANCE ASSOCIATION.

S ection 1. The Massachusetts Employees Insurance Association is
hereby created a body corporate with the powers provided in this act
and with all the general corporate powers incident thereto.
Board of direcSec. 2. The governor shall appoint a board of directors of the associa
tors.
tion, consisting of fifteen members, who shall serve for a term of one
year, or until their successors are elected by ballot by the suhscribers
at such time and for such term as the by-laws shall provide,
P o w e r s of
Sec. 3. Until the first meeting of the subscribers the board of direc
board.
tors shall have and exercise all the powers of the subscribers, and may
adopt by-laws not inconsistent with the provisions of this act, which
shall be in effect until amended or repealed by the subscribers.
Officers.
Sec. 4. The board of directors shall annually choose by ballot a presi
dent, who shall be a member of the board, a secretary, a treasurer, and
such other officers as the by-laws shall provide.

A ssociation
created.

Quorum.

Membership.
First meeting.

Votes.

Sec. 5. Seven or more of the directors shall constitute a quorum for
the transaction of business.

Vacancies in any office may be filled in such manner as the by-laws
shall provide.

Seo. 6. Any employer in the Commonwealth may become a sub
scriber.
Sec. 7. The board of directors shall, within thirty days of the sub

scription of twenty-five employers, call the first meeting of the subscrib
ers by a notice in writing mailed to each subscriber at his place of busi
ness not less than ten days before the date fixed for the meeting.

Sec. 8. In any meeting of the subscribers each subscriber shall be en
titled to one vote, and if a subscriber has five hundred employees to
whom the association is bound to pay compensation he shall be entitled
to two votes, and he shall be entitled to one additional vote for each
additional five hundred employees to whom the association is bound
to pay compensation, but no subscriber shall cast, by his own right or
by the right of proxy, more than twenty votes.
Policies issued,
Sec. 9. No policy shall be issued by the association until not less
en*
than one hundred employers have subscribed, who have not less than
ten thousand employees to whom the association may be bound to pay
compensation.
Same.
Sec. 10. No policy shall be issued until a list of the subscribers, with
the number of employees of each, together with such other information
as the insurance commissioner may require, shall have been filed at the
insurance department, nor until the president and secretary of the as
sociation shall have certified under oath that every subscription in the
list so filed is genuine and made with an agreement by every subscriber
that he will take the policies subscribed for by him within thirty days
of the granting of a license to the association by the insurance commis
sioner to issue policies.
Issues c e a s e ,
Sec. 11. If the number of subscribers falls below one hundred, or the

number of employees to whom the association may be bound to pay
compensation falls below ten thousand, no further policies shall be is
sued until other employers have subscribed who, together with existing
subscribers, amount to not less than one hundred who have not less than
ten thousand employees, said subscriptions to be subject to the provi
sions contained in me preceding section.

APPENDIX— W O R K M E N 'S COMPENSATION LAWS— MASS.

273

Sec. 12. Upon the filing of the certificate provided for in the two License.
preceding sections the insurance commissioner shall in^ke such inves
tigation as he may deem proper and. if his findings warrant it, grant a
license to the association to issue policies.

S ec. 13. The board of directors shall distribute the subscribers into Risk groups.
groups in accordance with the nature of the business and the degree of
the risk of injury.
Subscribers within each group shall annually pay in cash, or notes
absolutely payable, such premiums as may be required to pay the
compensation herein provided for the injuries which may occur in that
year.
Sec. 14. The association may in its by-laws and policies fix the con Liabilities.
tingent mutual liability of the subscribers for the payment of losses and
expenses not provided for by its cash funds; but such contingent lia
bility of a subscriber shall not be less than an amount equal to and in
addition to the cash premium.
S ec. 15. If the association is not possessed of cash funds above its Assessments.
unearned premiums sufficient for the payment of incurred losses and
expenses, it shall make an assessment for the amount needed to pay
such losses and expenses upon the subscribers liable to assessment
therefor in proportion to their several liability.
Every subscriber shall pay his proportional part of any assessments
which may be laid by the association, in accordance with law and his
contract, on account of injuries sustained and expenses incurred while
he is a subscriber.
Sec. 16. The board of directors may, from time to time, by vote fix Dividends.
and determine the amount to be paid as a dividend upon policies ex
piring during each year after retaining sufficient sums to pay all the
compensation which may be payable on account of injuries sustained
and expenses incurred.
All premiums, assessments, and dividends shall be fixed by and for
groups as heretofore provided in accordance with the experience of each
group, but all the funds of the association and the contingent liability
of all the subscribers shall be available for the payment of any claim
against the association.
S ec. 17. Any proposed premium, assessment, dividend or distribu- Hates to be aption of subscribers shall be filed with the insurance department and Proved*
shall not take effect until approved by the insurance commissioner after
such investigation as he may deem necessary.

Sec. 18. The board of directors shall make and enforce reasonable Buies,
rules and regulations for the prevention of injuries on the premises of
subscribers, and for this purpose the inspectors of the association shall
have free access to all such premises during regular working hours.

Any subscriber or employee aggrieved by any such rule or regula
tion may. petition the industrial accident board for a review, and it
may affirm, amend, or annul the rule or regulation.
Sec. 19. If any officer of the association shall falsely make oath to False stateany certificate required to be filed with the insurance commissioner, meats,
he shall be guilty of perjury.
S ec. 20. Every subscriber shall, as soon as he secures a policy, give Noticeofpolicy,
notice, in writing or print, to all persons under contract of hire with
him that he has provided for payment to injured employees by the
association.
S ec. 21 (as amended by Chapter 571, Acts of 1912). Every sub- Notice by subscriber shall give notice in writing or print to every person with whom scrfbers.
he is about to enter into a contract of hire that he has provided for pay
ment to injured employees by the association. If an employer ceases
to be a subscriber he shall, on or before the day on which his policy
expires, give notice thereof in writing or print to all persons under
contract with him. In case of the renewal of the policy no notice
shall be required under the provisions of this act. He shall file a
copy of said notice with the industrial accident board. The notices
required by this and the preceding section may be given in the man
ner therein provided or in such other manner as may be approved by
the industrial accident board.
S ec. 22. If a subscriber, who has complied with all the rules, regulations and demands of the association, is required by any judgment
’
30597°—Bull. 126—14----- 18

274

BULLETIN OF THE BUREAU OF LABOR STATISTICS*

of a Court of law to pay to an employee any damages on account of
personal injury sustained by such employee during the period of sub*
scription, tne association shall pay to the subscriber the full amount
of such judgement and the cost assessed therewith, if the subscriber
shall have given the association notice in writing of the bringing of
the action upon which the judgment was recovered and an opportunity
to appear and defend the same,
state insurance S e c . 23. The provisions of chapter five hundred and seventy-six
code does not 0|
0f ^h© year nineteen hundred and seven and of acts in
amendment thereof shall apply to the association, so far as such pro
visions are pertinent and not in conflict with the provisions of this act,
except that the corporate powers shall not expire because of failure to
issue policies or make insurance.
Expenses.
S ec. 24. The board of directors appointed by the governor under
the provisions of Part IV, section two, may incur such expenses in
the performance of its duties as shall be approved by the governor
and council. Such expenses shall be paid from the treasury of the
Limit.
Commonwealth and shall not exceed m amount the sum of fifteen
thousand dollars.
P a r t V.
MISCELLANEOUS PROVISIONS.

Compgttsation S ection . 1. If an employee of
proceedings bar accepts any payment from the

Definitions.

a subscriber files any claim with or
association on account of personal
injury, or makes any agreement, or submits any question to arbitra
tion, under this act, such action shall constitute a release to the sub
scriber of all claims or demands at law, if any, arising from the injury.
S ec. 2 (as amended by Chapter 568, Acte of 1913). The following
words and phrases, as used in this act, shall, unless a different meaning
is plainly required by the context, have the following meaning:—
“ Employer” shall include the legal representative of a deceased
emp „
^Employee” shall include every person in the service of another
under any contract of hire, express or implied, oral or written, except
masters of and seamen on vessels engaged in interstate or foreign com
merce, and except one whose employment is but casual, or is not in
the usual course of the trade, business, profession or occupation of his
employer. Any reference to an employee who has been injured shall,
when employee is dead, also include his legal representatives, depen
dents and other persons to whom compensation may be payable.
“ Dependents” shall mean members of the employee’s family or
next of kin who were wholly or partly dependent upon the earnings
of the employee for support at the time of the injury.
“ Average weeklv wages” shall mean the earnings of the injured
employee during the period of twelve calendar months immediately
preceding the date of injury, divided by fifty-two; but if the injured
employee lost more than two weeks’ time during such period then the
earning for the remainder of such twelve calendar months shall be
divided by the number of weeks remaining after the time so lost has
been deducted. Where, by reason of the shortness of the time during
which the employee has been in the employment of his employer, or
the nature or terms of the employment, it is impracticable to compute
the average weekly wages, as above denned, regard may be had to the
average weekly amount, which during the twelve months previous to
the injury, as being earned by a person in the same grade employed at
the same work by the same employer; or, if there is no person so em
ployed, by a person in the same grade employed in same class of em
ployment ana in the same district.
“ Association” shall mean the Massachusetts Employees Insurance
Association.
“ Subscriber” shall mean an employer who has become a member
of the association by paying a year’s premium in advance and receiving
the receipt of the association therefor, provided tKat the association
holds a license issued by the insurance commissioner as provided in
Part IV, section twelve.*

APPENDIX---- WORKMEN *S COMPENSATION LAWS---- MASS.

275

Sec. 3 (as amended by Chapter 571, Acts of 1912). Any liability . Who may write
insurance company authorized to do business within this Common- msurance*
wealth shall have the same right as the association to insure the liability
to pay the compensation provided for by Part II of this act, and when
such liability company issues a policy conditioned to pay such com
pensation the holder of such policy shall be regarded as a subscriber
so far as applicable within the meaning of this act; and when any such
company insures such payment of compensation it shall be subject to
the provisions of Parts I, II, III and V and of section twenty-two of
Part IV of this act, and shall file with the insurance department its
classifications of risks and premiums relating thereto and any sub
sequent proposed classifications or premiums, none of which shall take
effect until the insurance commissioner has approved the same as
adequate for the risks to which they respectively apply.
Seo. 4 (as amended by Chapter 571, Acts of 1912). Sections one Repeals,
hundred and thirty-six to one hundred and thirty-nine, inclusive, of
chapter five hundred and fourteen of the acts of the year nineteen
hundred and nine are hereby repealed.

Sec. 5. The provisions of this act shall not apply to injuries sustained
prior to the taking effect thereof.

Prior injuries,

Sec. 6 (as amended by Chapter 571, Acts of 1912). Part IV of this ^aw in effect,
act shall take effect on the first day of January, nineteen hundred and en‘
twelve; sections one to three, inclusive, of Part III shall take effect
on the tenth day of May, nineteen hundred and twelve; the remainder
thereof shall take effect on the first day of July, nineteen hundred and
twelve.
Approved July 28, 1911.

ACTS OF 1912.
C h a p ter

666.—Compensation of workmen for injuries—Regulation of
insurance.

S ection 1. The insurance commissioner may withdraw his ap- Disapproval of
proval of any premium or distribution of subscribers given by him rates'
to the Massachusetts Employees Insurance Association under the
provisions of section seventeen of Part IV of chapter seven hundred
and fifty-one of the acts of the year nineteen hundred and eleven, or of
any premium or rate made by an insurance company and approved by
him under tiie provisions of section three of Part V of said chapter seven
hundred and fifty-one as amended by section seventeen of chapter five
hundred and seventy-one of the acts of the year nineteen hundred and
twelve.
Sec. 2. The notices required by section five of Part I of said chapter
seven hundred and fifty-one shall be given in such manner as the in
dustrial accident board may approve.
Approved May 28, 1912.

ACTS OF 1913.
C h ap ter

807.—Compensationfor injuries to public employees.

S ection 1 . The Commonwealth shall and any county, city, town, Employees of
or district having the power of taxation, may pay the compensation
089
provided by Part II of chapter seven hundred and fifty-one of the acts
of the year nineteen hundred and eleven and acts in amendment
thereof and in addition thereto to such laborers, workmen and mechan
ics employed by it as receive injuries arising out of and in the course
of their employment, or, in case of death resulting from any such
injury, may pay compensation as provided in sections six, seven and
eight of said rart II, and in any amendments thereof, to the persons
thereto entitled.
Sec. 2. Procedure under this act and the jurisdiction of the indus804
trial accident board shall be the same as under the provisions of said
t *
chapter seven hundred and fifty-one, and the Commonwealth or a
county, city, town or district which accepts the provisions of this act

276

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

shall have the same rights in proceedings under said chapter as the
association thereby created. The treasurer and receiver general, or
the treasurer or officer having similar duties of a county, city, town or
district which accepts the provisions of this act, shall pay any compen
sation awarded for injury to any person in its employment upon proper
vouchers without any further authority.

to S e c . 3. Counties, cities, towns, ana districts having the power of
* taxation, may accept the provisions of this act by vote of a majority
of those legal voters who vote on the question of its acceptance at an
annual meeting or election as hereinafter provided. In towns and dis
tricts which have an annual meeting of tne legal voters, this act shall
be submitted for acceptance to the voters of the town or district at the
next annual meeting after its passage. In cities, and in towns which
do not have annual meetings, this act shall be submitted to the voters
at the next municipal election, and in counties and in districts which
do not have an annual meeting, at the next State election after its
passage. At every such election, and at every annual meeting where
ballots are used, the following question shall be printed on the ballot:
“ Shall chapter [8071 of the acts of nineteen hundred and thirteen,
being an act to provide for compensating laborers, workmen and me
chanics for injuries sustained in public employment, and to exempt
from legal liability counties and municipal corporations
i
which pay such compensation, be accepted by the inhab
NO. j
itants of this (county, city, town, water district, fire district, etc.) o f-------- ?”
The vote shall be canvassed by the county commissioners, city
council or commission, or selectmen, or, in the case of a district,
by the district commissioners or other governing board of the district.
A notice stating the result of the vote shall be posted in the county
court house, or city or town hall, or, in the case of a district, in the
public building where the employees of the district are paid. Except
as provided in section four, a county, city, town or district which
accepts the provisions of this act shall not be liable in any action for a
personal injury sustained by a laborer, workman or mechanic in tie
course of his employment by such county, city, town or district, or
for death resulting from such injury.
Options of em- sEC. 4. A laborer, workman or mechanic entering or remaining in
pioyees.
the service of a county, city, town or district, who would, if injured,
have a right of action against the county, city, town or district by
existing law, may, if the county, city, town or district has accepted
the provisions of this act, before ne enters its service, or accepts tnem
afterward, claim or waive his right of action as provided in section
five of Part I of said chapter seven hundred and fifty-one, and shall be
deemed to have waived such right of action unless ne claims it. Sec
tion four of said Part I shall apply to actions by laborers, workmen or
mechanics employed by a county, city, town or district which accepts
the provisions of this act.
Election as to
S ec . 5. Any person entitled to receive from the Commonwealth or
SnS.
or from a county, city, town or district the compensation provided by
Part II of said chapter seven hundred and fifty-one, who is also entitled
to a pension by reason of the same injury, shall elect whether he will
receive such compensation or such pension, and shall not receive both.
In case a person entitled to such compensation from the Commonwealth
or from a county, city, town or district receives by special act a pen
sion for the same injury, he shall forfeit all claim for compensation,
and any compensation received by him or paid by the Commonwealth
or by the county, city, town or district which employs him for medical
or hospital services rendered to him may be recovered back in an
action at law. No further payment shall be awarded by vote or other
wise to any person who has claimed and received compensation under
this act.
Scope of law.
S e c . 6. This act shall apply to all laborers, workmen and mechanics
in the service of the Commonwealth or of a county, city or town, or
district having the power of taxation, under any employment or con
tract of hire, expressed or implied, oral or written, including those
employed in work done in performance of governmental duties as well
Submission

paiities m
*

APPENDIX— W O RK M E N ’ S COMPENSATION LAWS— MASS.

277

as those employed in municipal enten>rises conducted for gain or
profit. For the purposes of this act all laborers, workmen and me
chanics paid by the Commonwealth, but serving under boards or com
missions exercising powers within defined districts, shall be deemed
to be in the service of the Commonwealth.

Sec. 7. The provisions of chapter seven hundred and fifty-one of Samesubject*
the acts of the year nineteen hundred and eleven, and acts in amend
ment thereof and in addition thereto shall not apply to any persons
other than laborers, workmen and mechanics employed by counties,
cities, towns or districts having the power of taxation.
Sec. 8. This act shall take effect upon its passage.
Act in effect.

Approved June 16,1913.
MICHIGAN.
FIRST EXTRA SESSION—1912.
A ct

No. 10.—Compensation of workmenfor injuries.
Part

MODIFICATION OF REM EDIES.

S e ctio n 1. In an action to recover damages for personal injury Defenses abrosustained by an employee in the course of nis employment, or for gate *
death resulting from personal injuries so sustained, it shall not be a
defense:
(a) That the employee was negligent, unless and except it shall ap
pear that such negligence was willful;
(b) That the injury was caused by the negligence of a fellow em
ployee;
(c) That the employee had assumed the risks inherent in or inci
dental to, or arising out of his employment, or arising from the failure
of the employer to provide and maintain safe premises and suitable
appliances.
S e c . 2. The provisions of section one shall not apply to actions to Exemptions,
recover damages for personal injuries sustained by household domestic
servants and farm laborers.

Sec. 3. The provisions of section one shall not apply to actions to Election by emrecover damages for the death of, or for personal injuries sustained by p oyersemployees of any employer who has elected, with the approval of the
industrial accident board hereinafter created, to pay compensation in
the manner and to the extent hereinafter provided.

Sec. 4. Any employer who has elected, with the approval of the in- Effect of eiecdustrial accident Doard hereinafter created, to pay compensation as tion#
hereinafter provided, shall not be subject to the provisions of section
one; nor shall such employer be subject to any other liability whatso
ever, save as herein provided for the death of or personal injury to any
employee, for which death or injunr compensation is recoverable under
this act, except as to employees who have elected in the manner here
inafter provided not to become subject to the provisions of this act.
Sec. 5 (as amended by Act No. 50, Acts of 1913). The following
shall constitute employers subject to the provisions of this act:
1. The State ana each county, city, township, incorporated village Who are emand school district therein, and each incorporated public board or public p yers*
commission in this State authorized by law to hold property and to sue
or be sued generally;
2. Every person, ton and private corporation, including any public
service corporation, who has any person in service under any con
tract of hire, express or implied, 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 next sec
tion, have elected to become subject to the provisions of this act, and
who shall not, prior to such accident, have effected a withdrawal of
such election, in the maimer provided in the next section.

278

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Sec. 6. Such election on the part of the employers mentioned in
subdivision two of the preceding section, shall be made by filing with
the industrial accident board hereinafter provided for, a written state*
ment to the effect that such employer accepts the provisions of this act,
and that he adopts, subject to the approval of said board, one of the four
methods provided for the payment of the compensation hereinafter
specified. The filing of such statement and the approval of said board
wall operate, within the meaning of the preceding section, 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 state
ment, and thereafter, without further act on his part, for successive
terms of one year each, unless such employer shall, at least thirty 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 desires to
withdraw his election to be subject to the provisions of this act: Pro
vided, however, That such employer so electing to become subject to the
provisions of this act shall, within ten days after the approval by said
board of his election filed as aforesaid, post in a conspicuous place
in his plant, shop, minor place otwork, or if such employer be a trans
portation company, at its several stations and docks, notice in the form
as prescribed and furnished by the industrial accident board to the
effect that he accepts and will be bound by the provisions of this act.
Sec. 7. The term “ employee” as used in this act shall be construed
to mean:
Who are em- l. Every person in the service of the State, or of any county, city,
pioyees.
township, incorporated village or school district therein, under any
appointment, or contract of hire, express or implied, oral or written,
except any official of the State, or of any county, city, township, in
corporated village or school district therein: Provided, That one em
ployed by a contractor who has contracted with a county, city, town
ship, incorporated village, school district or the State, tlmnigh its rep
resentatives, shall not be considered an employee of the State, county,
city, township, incorporated village or school district which made the
contract;
How election is

made-

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 this act, shall be considered the same and have
the same power to contract as adult employees, but not including any
person whose employment is but casual or is not in the usual course of
the trade, business, profession or occupation of his employer.

Emptoyeessub- Sec. 8. Any employee as defined in subdivision one of the preceding
lect to act.
section shall be subject to the provisions of this act and of any act

amendatory thereof. Any employee as defined in subdivision two of
the preceding section shall be deemed to have accepted and shall be
subject to the provisions 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 pro
visions of this act, whether the employee has actual notice thereof or
not; and
2. Such employee shall not, at the time of entering into his contract
of hire, express or implied, with such employer, have given to his em
ployer notice in writing that he elects not to be subject to the pro
visions of this act; or, in the event that such contract of hire was made
before such employer became subject to the provisions of this act, such
employee shall have given to his employer notice in writing that he
elects not to be subject to such provisions, or without giving either of
such notices shall have remained 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. *An employee who has given notice to
his employer in writing as aforesaid that he elects not to be subject to
the provisions of this act, may waive such claim by a notice in writing,
which shall take effect five days after it is delivered to the employer or
his agent.

APPENDIX— W O R K M E N 'S COMPENSATION LAWS— MICHIGAN.

279

P art II.
COMPENSATION.

S e ctio n 1. If an employe© who has not given notice of his election Who may renot to be subject to the provisions of this act, as provided in part one, JJJJ6 compensar
section eight, or who has given such notice and has waived the same
as hereinbefore provided, receives a personal injury arising out of and
in the course of nis employment by an employer who is at the time of
such injury subject to the provisions of this act, he shall be paid com
pensation in the manner and to the extent hereinafter provided, or in
case of his death resulting from such injuries such compensation shall
be paid to his dependents as hereinafter defined.
S ec. 2. If the employee is injured by reason of his intentional and Wfflfiii mfeconwillful misconduct, lie shall not receive compensation under the pro*
visions of this act.

Sec. 3. No compensation shall be paid under this act for any injury Waiting time,
which does not incapacitate the employee for a period of at least two
weeks from earning full wages, but if incapacity extends beyond the
period of two weexs, compensation shall begin on the fifteenth day
after the injury: Provided, however, That if such disability continues
for eight weeks or longer, such compensation shall be computed from
the date of the injury.
Sec. 4. During the first three weeks after the injury the employer Medical, etc.,
shall furnish, or cause to be furnished, reasonable medical and hospital se oes*
services and medicines when they are needed.
Sec. 5. If death results from the injury, the employer shall pay, or Death,

cause to be paid, subject, however, to the provisions of section twelve
hereof, in one of the methods hereinafter provided, to the dependents
of the employee, wholly dependent upon his earnings for support at
the time of the injury, a weekly payment equal to one-half his average
weekly wages, but not more than ten dollars nor less than four dollars
a week for a period of three hundred weeks from the date of the injury.
If the employee leaves dependents only partly dependent upon ms
earnings for support at the time of his injury, the weekly compensation
to be paid as aforesaid shall be equal to the same proportion of the
weekly payments for the benefit or persons wholly dependent as the
amount contributed by the employee to suchpartial dependents bears

weekly payments have been made to an injured employeefSefore his
death the compensation to dependents shall begin from the date of the
last of such payments, but shall not continue more than three hundred
weeks from the date of the injury.
S ec. 6. The following persons shall be conclusively presumed to be Dependents,
wholly dependent for support upon a deceased employee:
(a) A wife upon a husband with whom she 1 ves at the time of his

death;

(b) A husband upon a wife with whom he lives at the time of her
death;
(c) A child or children under the age of sixteen years (or over said
age, if physically or mentally incapacitated from earning) upon the
parent with whom he is or they are living at the time of the death of
such parent, there being no surviving 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 dependency, in
whole or in part, shall be determined in accordance with the fact, as
the fact may be at the time of the injury; and in such other cases, if
there is more than one person wholly dependent, the death benefit
shall be divided equally among them, ana persons partly dependent,
if any, shall receive no part thereof; if there is no one wholly dependent
and more than one person partly dependent, the death benefit shall
be divided among them according to the relative extent of their de
pendency. No person shall be considered a dependent, unless a mem
ber of the famity of the deceased employee, or bears to him the relation
of husband or widow, or lineal descendant, or ancestor, or brother, or
sister.

280

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Determination Sec. 7. Questions as to who constitute dependents and the extent
of dependency. 0f ^heir dependency shall be determined as oi the date of the accident

to the employee, and their right to any death benefit shall become fixed
as of such time, irrespective of any subsequent change in conditions;
and the death benefit shall be directly recoverable by and payable to
the dependent or dependents entitled thereto, or their legal guardians
or trustees. In case of the death of one such dependent his proportion
of such compensation shall be payable to the surviving dependents pro
rata. Upon the death of all such dependents compensation shall cease.
No person shall be excluded as a dependent who is a nonresident alien.
No dependent of an injured employee shall be deemed, during the life
of such employee, a party in interest to any proceeding by him for the
enforcement of collection of any claim for compensation, nor as respects
the compromise thereof by such employee.
if no depend- Sec. 8 . If the employee leaves no dependents the employer shall
ents*
pavj or cause to be paid as hereinafter provided, the reasonable expense
of his last sickness and burying, which shall not exceed two hundred
dollars.
Total i n c a -

Sec. 9. While the incapacity for work resulting from the injury is
total, the employer shall pay, or cause to be paid as hereinafter pro
vided, to the injured employee a weekly compensation equal to onehalf his average weekly wages, but not more than ten dollars nor less
than four dollars a week; and in no case shall the period covered by
such compensation be greater than five hundred weeks, nor shall the
total amount of all compensation exceed four thousand dollars.

Sec. 10. While the incapacity for work resulting from the injury is
partial, the employer shall pay, or cause to be paid as hereinafter pro
vided, to the injured employee a weekly compensation equal to onehalf the difference between his average weekly wages before the injury
and the average weekly wages which he is able to earn thereafter, but
not more than ten dollars a week; and in no case shall the period cov
ered by such compensation be greater than three hundred weeks from
the date of the injunr. In cases included by the following schedule
the disability in each such case shall be deemed to continue for the
period specified, and the compensation so paid for such injury shall
be as specified therein, to wit:
Specific injuries. For the loss of a thumb, fifty per centum of the average weekly wages
during sixty weeks;
For the loss of a first finger, commonly called index finger, fifty per
centum of average weekly wages during thirty five weeks;
For the loss of a second finger, fifty per centum of average weekly
wages during thirty weeks;
For the loss of a third finger, fifty per centum of average weekly wages
during twenty weeks;
For the loss of a fourth finger, commonly called little finger, fifty per
centum of average weekly wages during fifteen weeks;
The loss of the first phalange of the thumb, or of any finger, shall be
considered to be equal to the loss of 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: Provided, however, That in no case shall
the amount received for more than one finger exceed the amount pro
vided in this schedule for the loss of a hand;
For the loss of a great toe, fifty per centum of average weekly wages
during thirty weeks;
For the loss of one of the toes other than a great toe, fifty per centum
of average weekly wages during ten weeks;

Partial
parity.

inca-

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 average weekly wages dur
ing one hundred and fifty weeks;
For the loss of an arm, fifty per centum of average weekly wages dur
ing two hundred weeks;

APPENDIX— W O RK M EN ’ S COMPENSATION LAWS— M ICHIGAN.

281

For the loss a foot, fifty per centum of average weekly wages during
one hundred and twenty-nve weeks;
For the loss of a leg, fifty per centum of average weekly wages during
one hundred and seventy-five weeks;
For the loss of an eye, fifty per centum of average weekly wages dur
ing 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 dis
ability, to be compensated according to the provisions of section nine.
The amounts specified in this clause are all subject to the same limi
tations as to maximum and minimum as above stated.
Sec. 11. The term “ average weekly wages” as used in this act is Wages defined,
defined to be one fifty-second part of tne average annual earnings of the
employee. If the injured employee has not worked in the employ
ment in which he was working at the time of the accident, whether for
the employer or not, during substantially the whole of the year imme
diately preceding his injury, his average annual earnings shall consist of
three hundred times the average daily wage or salary which he has
earned in such employment dunng the days when so employed. If the
injured employee nas not worked in such employment during substan
tially 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 substan
tially 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. In
cases where the foregoing methods of arriving at the average annual
earnings of the injured employee can not reasonably and fairly be ap
plied, 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 neighboring locality, shall
reasonably represent the annual earning capacity of the injured em
ployee at the time of the accident in the employment in which he was
working at such time. The fact that an employee has suffered a pre- Second injuries,
vious disability, or received compensation therefor, shall not*preclude
compensation for a later injury, or for death, but in determining com
pensation for the later injury, or death, his 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 be arrived at according to and subject to the
limitations of the provisions of this section. The weekly loss in wages
referred to in this act shall consist of such percentage of the average
weekly earnings of the injured employee, computed according to the
provisions of this section, as shall fairly represent the proportionate
extent of 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, but to be determined in view of the nature
and extent of the injury.
Sec. 12. The death of the injured employee prior to the expiration of 2Sth rdt5ing
the period within which he would receive such weekly payments sliall
be deemed to end such disability, and all liability for the remainder of
such payments which he would have received in case he had lived shall
be terminated, but the employer shall thereupon be liable for the fol
lowing death benefits in lieu of any further disability indemnity:
If the injury so received by such employee was the proximate cause
of his death, and such deceased employee leaves dependents, as here
inbefore specified, wholly or partially dependent on him for support,
the death benefit shall be a sum sufficient, when added to the indem
nity which shall at the time of death have been paid or become payable
under the provisions of this act to such deceasea employee, to make the
total compensation for the injury and death exclusive of medical and
hospital services and medicines furnished as provided in section four
hereof, e^ual to the full amount which such dependents would have
been entitled to receive under the provisions of section five hereof in
case the accident had resulted in immediate death, and such benefits

282

BULLETIN OF THE BUREAU OF- LABOR STATISTICS.

shall be payable in weekly installments in the same manner and subjec t
to the same terms and conditions in all respects as payments made under
the provisions of said section five.
Insurance, etc., Sec. 13. No savings or insurance of the injured employee, nor any
of employees.
contribution made by him to any benefit fund or protective association
independent of this act, shall be taken into consideration in determining
the compensation to be paid hereunder, nor shall benefits derived from
any other source than those paid or caused to be paid by the employer
as herein provided, be considered in fixing the compensation under this
act.
Incompetence.
Sec. 14. If an injured employee is mentally incompetent or is a minor
at the time when any right or privilege accrues to him under this act, his
guardian or next Mend may in his behalf claim and exercise such right
Notice and $ec. 15? No proceedings for compensation for an injury under this
claim.
act shall be maintained, unless a notice of the injury shall have been
given to the employer three months after the happening thereof, and
unless the claim for compensation with respect to such injury shall have
been made within six months after the occurrence of the same; or, in
case of the death of the employee, or in the event of his physical or
mental incapacity, within six months after death or the removal of sucli
physical or mental incapacity.
Form.

Service.

Defects, etc.

Sec. 16. The said notice shall be in writing, and shall state in ordi
nary language the time, place and cause of the injury; and shall be
signed by the person injured, or by a person in his behalf, or, in the
event of his death, by his dependents or by a person in their behalf.
Sec. 17. The notice shall be served upon the employer or an agent
thereof. Such service may be made by delivering said notice to the
person on whom it is to be served, or leaving it at his residence or place
of business, or by sending it by registered mail addressed to the person
or corporation on whom it is to be served, at his last known residence or
place of business.
Sec. 18. A notice riven under the provisions ot this act shall not be

held invalid or insufficient by reason of any inaccuracy in stating the
time, place or cause of the injury, unless it is shown that it was the in
tention to mislead, and the employer, or the insurance company carry
ing such risk, or the commissioner of insurance, as the case maybe, was
in fact misled thereby. Want of such written notice shall not be a bar
to proceedings under this act, if it be shown that the employer had
notice or knowledge of the injury.

Medical exami- gEc. 19. After an employee has given notice of an inj ury, as provided
nations.
by this act, and from time to time thereafter during the continuance of

his disability, he shall, if so requested by the employer, or the insurance
company carrying such risk, or the commissioner of insurance, as the
case may be, submit himself to an examination by a physician or sur
geon authorized to practice medicine under the laws of the State,
furnished and paid for by the employer, or the insurance company
carrying such risk, or the commissioner of insurance, as the case may be.
The employee shall have the right to have a physician provided and
paid for by himself present at the examination. If he refuses to submit
nimself for the examination, or in any way obstructs the same, his right
to compensation shall be suspended, and his compensation during the
period of suspension may be forfeited. Any physician who shall make
or be present at any such examination may be required to testify under
oath as to the results thereof.

Waivers.
Exemption
from assignment,

Lump-sum
payments.

Sec. 20. No agreement by an employee to waive his rights to com
pensation under this act shall be valid.

Sec. 21. No payment under this act shall be assignable or subject
to attachment or garnishment, or be held liable in any way for any
debts. In case of insolvency every liability for compensation under
this act shall constitute a first lien upon all the property of the employer
liable therefor, paramount to all other claims or hens except for wages
and taxes, and such liens shall be enforced by order of the court.

Sec. 22. Whenever any weekly payment has been continued for
not less than six months, the liability therefor may be redeemed by
the payment of a lump sum by agreement of the parties, subject to
the approval of the industrial accident board, and said board may at
any time direct in any case, if special circumstances be found which

APPENDIX— W O R K M E N 'S COMPENSATION LAWS— M ICHIGAN.

283

in its judgment require the same, that the deferred payments be com
muted on the present worth thereof at five per cent per annum to one
or more lump sum payments, and that such payments shall be made
by the employer or the insurance company carrying such risk, or com
missioner of insurance, as the case may be.
Sec. 23 (added by Act No. 50, Acts of 1913). All compensation paid Payments by
or to be paid under this act by any employer, being an incorporated commfeSoSS?
public board, or public commission shall be treated as part of the nec
essary operating expenses thereof, and all sums and amounts of money
required therefor may be embraced in any requisition authorized by
law to be made upon any other public corporation, body or officer for
moneys for the use of such employer in addition to all other sums
authorized by law, or separate requisition therefor may be made in
like manner; and tne same shall be allowed and paid to such employer
in the same manner as other moneys are required to be allowed and
paid for the use of such employer; or the same may be embraced in
any report or requirement authorized by law to be made to or ujxm
any other public corporation, or officer, of sums of money to be levied
as taxes for the use of such employer, in addition to all other sums
authorized by law, or separate report or requirement thereof may be
made in like manner; and the same shall be levied, collected and
paid as other amounts for taxes are required to be levied, collected
and paid for the use of such employer.
P a rt

III.

PROCEDURE.

Section 1. There is hereby created a board which shall be known .p^astriai aoas the industrial accident board, consisting of three members to be
board,
appointed by the governor, by and with the consent of the senate, one
of whom shall be designated by the governor as chairman. Appoint
ments to fill vacancies may be made during recesses of the senate, but
shall be subject to confirmation by the senate at the next ensuing ses
sion of the legislature. The term of office of members of this board
shall be six years, except that when first constituted one member shall
be appointed for two years, one for four years, and one for six years.
Thereafter one member shall be appointed every second year for the
full term of six years. #No more than two members of this board shall
belong to the same political party.
Sec. 2. The salary of each of the members so appointed by the gov- Salaries, etc.
ernor shall be three thousand five hundred dollars per year. The
board may appoint a secretary at a salary of not more than two thou
sand five hundred dollars a year, and may remove him. The board
shall be provided with an office in the capitol, or in some other suitable
building in the city of Lansing, in which its records shall be kept, and
it shall also be provided with necessary office furniture, stationery and
other supplies. It shall provide itseli with a seal for the authentica
tion of its orders, awards and proceedings, upon which shall be in
scribed the words “ Industrial Accident Board—Michigan—Seal.**
It shall employ such assistants and clerical help as it may deem nec
essary and fix the compensation of all persons so employed: Provided,
That the average compensation paid to such employees shall not exceed
one thousand dollars per annum for each person employed, and all
such clerical assistants shall be subject to existing laws regulating the
grading and compensation of department clerks. 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 by the person who incurred
the same, and be approved by the chairman of the board before pay
ment is made.
All such salaries and expenses when audited and allowed by the
board of State auditors, shall be paid by the State treasurer out of the
general fund, upon warrant of the auditor general.
Sec. 3. The board may make rules not inconsistent with this act for Roles,
carrying out the provisions of the act. Process and procedure under
this act shall be as summary as reasonably may be. The board or any
member thereof shall have the power to administer oaths, subpoena

284

BULLETIN OF THE BUBEATT OF LABOB STATISTICS.

witnesses and to examine such parts of the books and records of the par
ties to a proceeding as relate to questions in dispute.
Forms.
sEc. 4. The board shall cause to be printed and furnish free of change
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 tie
name of any employer who shall file a statement of election under this
act, and the date of the filing thereof and its approval by such board,
ana a separate book in which shall be entered and indexed the name of
every employer who shall file his notice of withdrawal of said election,
and the date of the filing thereof* and books in which shall be recorded
all orders and awards made by the board; and such other books or rec
ords as it shall deem required by 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 such notice of
the fact to be given by requiring said employer to post such notice as
hereinbefore provided; ana the board shall likewise cause notice to be
given of the filing of any withdrawal of such election; but notwith
standing 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.
Agreements to Sec. 5. If the employer, or the insurance company carrying such
risk, or commissioner of insurance, as the case may oe, and the injured
employee reach an agreement in regard to compensation under this act,
a memorandum of such agreement shall be filed with the industrial
accident board, and, if approved by it, shall be deemed final and bind
ing upon the parties thereto. Such agreements shall be approved by
said board only when the terms conform to the provisions of this act.
Arbitration.
Sec. 6. If the employer, or the insurance company carrying such risk,
or the commissioner of insurance, as the case may be, and the em
ployee fail to reach an agreement in regard to compensation under this
act, either party may notify the industrial accident board, who shall
thereupon call lor the formation of a committee of arbitration. The
committee of arbitration shall consist of three members, one of whom
shall be a member of the industrial accident board, and shall act as
chairman. The other two members shall be named respectively by the
two parties.
Duty of board. Sec. 7 . It shall be the duty of the industrial accident board, upon
notification that the parties have failed to reach an agreement, to re
quest both parties to appoint their respective representatives on the
committee of arbitration. The board shall designate one of its members
to act as chairman, and, if either party does not appoint its member on
this committee within seven days after notification as above provided,
the board or any member thereof shall fill the vacancy and notify the
parties to that effect.
Investigations.
Sec. 8. The committee of arbitration shall make such inquiries and
investigations as it shall deem necessary. The hearings of the com
mittee shall be held at the locality where the injury occuned, and the
decision of the committee shall be filed with tne industrial accident
board. Unless a claim for a review is filed by either party within seven
days, the decision shall stand as the decision of the industrial accident
board: Provided, That said industrial accident board may, for sufficient
cause shown, grant further time in which to claim such review.
Examination Sec. 9. The industrial accident board or any member thereof may
y p ysi
appoint a duly qualified impartial physician to examine the injured
employee and to report. The fee for this service shall be five dollars
and traveling expenses, but the board may allow additional reasonable
amounts in extraordinary cases.
Fees, etc.
Sec. 10. The arbitrators named by or for the parties to the dispute
shall each receive five dollars a day for his services, but the industrial
accident board or any member thereof may allow additional reasonable
amounts in extraordinary cases. The fees of such arbitrators and other
costs of such arbitration, not exceeding, however, the taxable costs al
lowed in suits at law in the circuit courts of this State, shall be fixed by
the board and paid by the State as the other expenses of the board are
paid. The fees and the payment thereof of m attorneys and physi

APPENDIX— W O R K M E N 'S COMPENSATION LAWS— MICHIGAN.

285

cians for services under this act shall be subject to the approval of the
industrial accident board.
Sec. 11. If a claim for review is filed, as provided in part three, sec- Review,
tion eight, the industrial accident board shall promptly review the
decision or die committee of arbitration and such records as may have
been kept of its hearings, and shall also if desired hear the parties,
together with such additional evidence as they may wish to submit, ana
file its decision therein with the records of such proceedings, ouch
review and hearing may be held in its office at Lansing or elsewhere a?
the board shall deem advisable.
S ec. 12. The findings of fact made by said industrial accident board Question* of
acting within its powers, shall, in the absence of fraud, be conclusive.
"aw*
but the supreme court shall have power to review questions of law
involved in any final decision or determination of said industrial acci
dent board: Provided, That application is made by the aggrieved
party within thirty days after such determination by certioran, man
damus or by any other method permissible under the rules and practice
of said court or the laws of this State, and to make such further orders in
respect thereto as justice may require.
Sec. 13. Either party may present a certified copy of the decision of 0°™* decrees,
such industrial accident board approving agreements of settlement as
provided in part three, section nve hereof, or of the decision of such
committee o f arbitration when no claim for review is made as provided
in part three, section eight, or of the decision of such industrial accident
board when a claim for review is filed as provided in part three, section
eleven, providing for payment of compensation under this act, to the
circuit court for the county in which such accident occurred, where
upon said court shall, without notice, render a judgment in accordance
therewith against said employer ana also against any insurance com
pany carrying such risk under the provisions of this act; which judg
ment, until and unless set aside shall have the same effect as though
duly rendered in an action duly tried and determined by said court,
and shall, with like effect, be entered and docketed.
Sec. 14. Any weekly payment under this act may be reviewed by Revision ofpaythe industrial accident board at the request of the employer, or the m s*
insurance company carrying such risks, or the commissioner of insur
ance as the case may be^ or the employee; and on such review it may be
ended, diminished or increased, subject to the maximum and mini
mum amounts above provided, if the board finds that the facts war
rant such action.
S ec . 15. Where the injury for which compensation is payable under I n ] u r i e s
this act was caused under circumstances creating a legal liability in
7
some person other than the employer to pay damages in respect thereof,
the employee may at his option proceed either at law against that per
son to recover damages, or against the employer for compensation under
this act, but not against both, and if compensation be paid under this
act the employer may enforce for his benefit or for that of the insurance
company carrying such risk, or the commissioner of insurance, as the
case may be, the liability of such other person.
Sec. 16. All questions arising under this act, if not settled by agree- Settlement of
ment by the parties interested therein, shall, except as otherwise herein <Uaimtesprovided, be determined by the industrial accide

Full text of Workmen's Compensation Laws of the United States and Foreign Countries : Bulletin of the United States Bureau of Labor Statistics, No. 126

FRASER