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U. S. DEPARTMENT OF LABOR
JAMES J. DAVIS, Secretary
BUREAU OF LABOR STATISTICS
ETHELBERT STEWART, Commissioner
BULLETIN OF THE UNITED STATES \
BUREAU OF LABOR STATISTICS/
W O R K M E N ’ S I N S U R A N C E AND
'
*
ilO e
COMPENSATION
JO Q
UO
SERIES
WORKMEN’S COMPENSATION LEGISLATION
OF THE UNITED STATES AND CANADA
AS OF JULY 1,1926
DECEMBER, 1926
WASHINGTON
GOVERNMENT PRINTING OFFICE
1926
ACKNOWLEDGMENT
The commissioner desires to acknowledge the services of Mr.
Lindley D. Clark, a member of the bureau staff, who had entire
charge in the preparation of this report.
CONTENTS
1926:
Workmen’s compensation legislation of tlie United States and Canada,
Introduction____________________________________________________
1,2
Part I.—Workmen’s compensation laws of the United States:
Introduction------------------------------------------------------------------------------3,4
Progress of legislation__________________________________________
4-8
Types of laws---------------------------------------------------------------------------8-11
Analysis of the principal features <:f the laws_____________________ 12-51)
Alabama___________________________________________________
12
Alaska_____________________________________________________
13
Arizona____________________________________________________
14
California__________________________________________________
15
Colorado___________________________________________________
16
Connecticut_________________________________________________
37
Delaware-----------------------------------------------------------------------------18
District of Columbia________________________________________
19
Georgia------------------------------------------------------------------------------20
Hawaii_____________________________________________________
21
Idaho______________________________________________________
22
Illinois_____________________________________________________
23
Indiana____________________________________________________
24
Iowa_______________________________________________________
25
Kan -as--------------------------------------------------------------------------------26
Kentucky___________________________________________________
27
Lousiana_________________________ _________________________
28
Maine______________________________________________________
29
Maryland___________________________________________________
80
Massachusetts______________________________________________
81
Michigan___________________________________________________
82
Minnesota__________________________________________________
33
Missouri___________ 1______________________________________
34
Montana-----------------------------------------------------------------------------35
Nebraska___________________________________________________
8f>
Nevada_____________________________________________________
37
N>w Hampshire____________________________________________
3K
New Jersey_________________________________________________
31)
New Mexico------------------------------------------------------------------------40
New York__________________________________________________
41
North Dakota______________________________________________
42
Ohio_______________________________________________________
43
Oklahoma__________________________________________________
44
Oregon_____________________________________________________
45
Pennsylvania-----------------------------------------------------------------------46
Porto Rico_________________________________________________
47
Rhode Island_______________________________________________
48
South Dakota______________________________________________
*49
Tennessee__________________________________________________
50
Texas______________________________________________________
51
Utah_______________________________________________________
Vermont___________________________________________________
5:>
Virginia____________________________________________________
54
Washington________________________________________________
55
West Virginia______________________________________________
56
Wisconsin__________________________________________________
57
Wyoming___________________________________________________
5S
United States—Civil employees---------------------------------------------59
hi
CONTENTS
11.—Workmen’s compensation laws of the United States—Contd.
Comparison of compensation and insurance systems_____________
60-72
Scope or coverage-------------------------------------------------------------61-63
Hazardous employments----------------------------------------------61
Numerical exemptions-------------------------------------------------61,62
Agricultural and domestic service______________________
62
Public employment____________________________________
62
Other exclusions---------------------------------------------------------- 62-63
Occupational diseases_____________________________________
63
Election__________________________________________________
63
Suits for damages________________________________________
63,64
Waiting time-------------------------------------------------------------------64
Compensation scale----------------------------------------------------------65-69
Per cent of wages____________________________________ _
65
Maximum time and amount----------------------------------------65-67
Weekly maximum and minimum_______________________
67,68
Partial disability_____________________________________
68,69
Medical beneiits---------------------------------------------------------------69,70
Administration and settlement of claims____________________
70
Accident reporting and prevention__________________________
70,71
Nonresident alien dependents______________________________
71,72
Text of workmen’s compensation laws of the United States---------- 73-582
Alabama-------------------------------------------------------------------------73-85
Alaska-----------------------------------------------------------------------------86-91
Arizona__________________________________________________ 92-304
California________________________________________________ 105-120
Colorado_________________________________________________ 121-136
Connecticut_______________________________________________ 137-145
Delaware________________________________________________ 146-155
District of Columbia-------------------------------------------------------- *
155
Georgia---------------------------------------------------------------------------- 156-165
Hawaii___________________________________________________166-173
Idaho________________ ___________________________________ 174-184
Illinois___________________________________________________ 185-196
Indiana__________________________________________________ 197-206
Iowa____________________________________________________ 207-216
Kansas___________________________________________________ 217-225
Kentucky_________________________________________________ _ 226-238
Louisiana___________________________ ____________________ 239-248
Maine____________________________________________________ 249-257
Maryland------------------------------------------------------------------------- 258-271
Massachusetts____________________________________________ 272-278
Michigan_________________________________________________ 279-288
Minnesota________________________________________________ 289-305
Missouri_________________________________________________ 306-317
Montana_________________________________________________ 318-334
Nebraska_________________________________________________ 335-343
Nevada___________________________________________________ 344-353
New Hampshire__________________________________________ 354-357
New Jersey_______________________________________________ 358-367
New Mexico______________________________________________ 368-376
New York________________________________________________ 377-^392
North Dakota____________________________________________ 393-399
Ohio_____________________________________________________ 400-413
Oklahoma________________________________________________ 414-422
Oregon___________________________________________________ 423-439
Pennsylvania_____________________________________________ 440-449
Philippine Islands________________________________________
450
Porlo R ico_______________________________________________ 451-457
Rhode Island_____________________________________________ 458-465
South Dakota____________________________________________ 466-474
Tennessee________________________________________________ 475-485
Texas____________________________________________________ 486-496
Utah_____________________________________________________ 497-506
Vermont__________________________________________________ 507-514
Virginia__________________________________________________ 515-524
Washington______________________________________________ 525-641
CONTENTS
V
Part I.—Workmen’s compensation laws of the United States—Contd.
Text of workmen’s compensation laws of the United States—Contd.
Fage
West Virginia------------------------------------------------------------------- 542-550
Wisconsin------------------------------------------------------------------------- 551-565
Wyoming-------------------------------------------------------------------------- 566-574
United States----- ------------------------------------------------------------- 575-582
Part II.—Workmen’s compensation laws of Canada:
Progress of legislation_________________________________________
583
Canadian and United States laws compared-------------------------------- 583-585
Analysis of the principal features of the laws----------------------------- 586-593
Alberta___________________________________________________
586
British Columbia__________________________________________
587
Manitoba-------------------------------------------------------------------------588
New Brunswick----------------------------------------------------------------589
Nova Scotia______________________________________________
590
Ontario----------------------------------------------------------------------------591
Quebec----------1-----------------------------------------------------------------592
Yukon Territory__________________________________________
593
Comparison of compensation and insurance systems_____________ 594-597
Scope or coverage_________________________________________
594
Occupational diseases----------------------------------------------------- - 594,595
Waiting time_____________________________________________
595
Compensation scale_______________________________________ 595,596
Administration and settlement of claims------------------------------597
Accident reporting and prevention---------------------------------------597
Nonresident alien dependents______________________________
597
Text: of workmen's compensation laws of Canada----------------------- 598-674
Alberta___________________________________________________ 598-608
British Columbia__________________________________________ 608-617
Manitoba-------------------------------------------------------------------------- 617-629
New Brunswick___________________________________________ 629-637
Nova Scotia______________________________________________ 637-648
Ontario___________________________________________________ 649-064
Quebec___________________________________________________ 664-669
Yukon Territory__________________________________________ 669-673
Dominion of Canada---------------------------------------------------------- 673,674
BULLETIN OF THE
U. S. BUREAU OF LABOR STATISTICS
n o . 423
WASHINGTON
D ecem b er, mm
WORKMEN’S COMPENSATION LEGISLATION OF THE UNITED STATES
AND CANADA AS OF JULY 1, 1926
INTRODUCTION
The Fourth Special Report of the Commissioner o f 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
workmen’s insurance.1 At that time compensation for industrial
accidents had been established by law in two countries only, Ger
many in 1884 and Austria in 1887; the third country—Norway—
not following until 1894. In the other countries discussed in the ap
pendix 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 ac
cidents in Europe and throughout the world has been extremely
rapid; in fact, it may be doubted whether any other subject of labor
legislation has ever made such progress or gained such general
acceptance for its principles in so brief a period. At the present
time some form of workmen’s compensation for industrial acci
dents is practically universal, and while the various enactments show
considerable variations in the industries covered, the amount of com
pensation provided, and the methods by which compensation pay
ments are secured, all recognize the principles of compensation 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 with great rapidity by legislative action. The
first American State commissions that led to the enactment of laws
were appointed in New York, Wisconsin, and Minnesota in 1909,
legislation following in New York in 1910, in Wisconsin in 1911, and
in Minnesota in 1913.
1 Sec t<*xl and footnotes on p. 3 for other bulletins on the subject of workmen’s
compensation.
1
2
w o r k m e n ’ s c o m p e n s a t io n le g is la tio n
Foreign countries, too, have been progressive in the same field,
i>ome of the laws noted in earlier reports being superseded, while in
new and comparatively undeveloped industrial countries this type
of law has been adopted, so that annual revisions are a practical
necessity if current conditions are to be accurately presented. By
reason of the bulk of the legislation enacted, and the volume of
material afforded by any analysis of the laws, anil also because of
the closer community of "interests, the present volume is limited to a
presentation of the laws of the United States and of Canada.
The lapse of time has diminished the value of the accounts of the
work done by the investigative commissions; and moreover their
ends have been accomplished for the most part, so that the summary
of their reports which has been presented in earlier bulletins on the
subject is omitted. The complete establishment of the constitution
ality of compensation laws on the one hand and the great volume to
which decisions by the courts and rulings of boards and commissions
have grown on the other, cause a practical omission of this por
tion or previous bulletins. The abridgment of certain portions of
the laws has also seemed feasible and desirable, especially those
parts that relate to procedure, inasmuch as interest centers mainly
on the benefit features of the acts. Therefore the present volume
will set forth in analytic form the main provisions of the laws, by
the aid of comparable statements in tables and charts, and the latest
text, abridged in part, as amended to the end of June, 1926.
PART I.— WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES
INTRODUCTION
The first account of the action of the States of the Union and o f
agencies interested in compensation legislation appeared as an
article of 40 pages in Bulletin No. 90,2 September 1, 1910. Legisla
tion bills, etc., of 1911 received attention in an article appearing in
Bulletin No. 92/* Subsequent accounts and special analytical studies
have been given in separate bulletins.4
Investigative commissions began to be provided for as early as
1903 (Massachusetts) and 1905 (Illinois), but no legislative results
followed. Later commissions in both these States, and two and even
three commissions in others, indicate the degree of caution with which
the approach was made to the subject of compensation legislation.
The following tables show the progress of action, both in the appoint
ment of commissions and in the enactment of laws:
STATES, ETC., IN WHICH COMMISSIONS WERE APPOINTED AND IN WHICH COM
PENSATION LAWS WERE ENACTED, BY YEARS, TO JUNE 30, 1920
State, etc.
Year
com
mission
was ap
pointed
1915
Alabama.... . . . . . . . . . . . . . . . . .
Alaska......................... . . . . . . .
Arizona . . . . . . . . . . . . . . . . . . . . . .
1919
Arkansas__. . . . . . . . . . . . . . . . . .
California__ . . . . . . . . . . . . . . . . .
1911
Colorado____. . . . . . . . . . . ____
1907
Connecticut___. . . . . . ______
1911
Delaware . . . . . . . . . . . . . . . . . . . .
District of Columbia*_____ G e o r g ia .......................
Hawaii. . . . . . . . . . . . . - - - - - - - - - Idaho . . . . . . . . . . . . . . . . . . . . . __
1905
Illinois....................................
Indiana______ . . . __ _ _ _ _ 1913
1911
Iowa . . . . . . . . . . . . . . . . . . . . . . .
Kansas___. . . . . . . . . _________
Kentucky............................... * 1915
1912
_________________
Louisiana
Maine________ . . . ______ __
M a ry la n d .............—. . . . . *1913
1903
Massachusetts . . ................
1911
Michigan . . . . . . . . . . . . . . . . . . .
Minnesota_______ ________ M909
Missouri
...........................
1910
Monl&n&._. . . . . . . . . . . . . . . . . . *1910
Year
compen
sation
law was
enacted
1919
1915
1912
’ "" m i
1915
1913
1917
1919
1920
1915
1917
1911
1915
1913
1911
/ «1914
\ 1916
1914
1915
1912
1911
1912
1913
•1919
/ <1909
\ 1915
State, etc.
Year
Year
com
compen
mission
sation
was ap law was
pointed enacted
N e b r a s k a .....................
1911
Nevada___ ______ . . . ______
New Hampshire.... . . . . . . . . . .
New Jersey..... . . . . . . . . . . . . . .
1910
New Mexico______ ____ ____
New York..... ........................
1909
1911
North Dakota_____________
Ohio.......................................
1910
Oklahoma_____ . . . ________
Oregon______ . . . . . . . . . . . . . . . *1911
1911
Pennsylvania____ _________
Philippine Islands__________
1913
Porto Rico.............................
Rhode Island______________
South Dakota__ ___________
1913
Tennessee________________
1911
Utah.......................................
1915
1913
I V e r m o n t .................____
1916
1 Virginia..................................
W a s h in g to n .................. ^1910
! West Virginia... . . . . . . . . . . . . . * 1911
1909
: Wisconsin.... . . . . . . . . . . . . . . . .
! W yoming___ . . . . . . . . _______
! United States___ __________
1910
1913
1911
1911
1911
1917
t nm
\ 1913
1919
1911
1915
1913
1915
1905
1916
1912
1917
1919
1913
1917
1915
1918
1911
1913
1911
1915
j 1908
\ 1916
* Public employees only.
•Rejected on referendum.
*Voluntary.
/Tw o laws, one (compulsory) declared unconstitu« Law declared unconstitutional.
tional.
*Appointed by tbe governor.
* Recent action relating to employees* liability and workmen’s compensation, September, 1910.
* Workmen's compensation and insurance: Laws and bills, 1911. January, 1911.
« Workmen’s compensation laws of the United States and foreign countries. Bui. No. 126. December,
1913. 477 pp.
Compensation legislation of 1914 and 1915. Bui. No. 185. October, 1915 408 pp.
Workmen's compensation laws of the United States and foreign countries. Bui. No. 203. January*
1917. 961pp.
Workmen's compensation legislation of the United States and foreign countries, 1917 and 1918. Bui. No.
243. September, 1918. 477 pp.
Workmen's compensation legislation of the United States and Canada, 1919.. Bui. No. 272. January,
1921. 1211pp.
Workmen's compensation legislation of the United States and Canada, 1920 to 1922. Bui. No. 332.
June, 1923 260 pp.
Comparison of workmen’s compensation laws. Bui. No. 240, May, 1918, 106 pp.; Bui. No. 275, 1920.
140 pp.; Bui. No. 301, April, 1922,194 pp.; Bui. No. 379, January, 1925,15 pp. charts.
3
4
W O RK M E N ’S COMPENSATION LAWS— UNITED STATES
NUMBER OF WORKMEN'S COMPENSATION COMMISSIONS AND LAWS, BY YEARS
Year
1903 ............
1905 .........
1907 ___ _
1908 ______
1909
1910............
Commis States,
etc., ensions
formed or!! noting
provided original
law
for
1
1
2
(*)
3
8
Year
| 1911_______
! 1912 ............
j 1913.............
>1 ! 1914.............
1 i 1915
1 ! 1910.............
* Philippine Islands.
Commis States,
sions
etc., en
formed or acting
provided original
law
for
12
1
7
3
1
10
4
7
2
9
1
Year
Commis States,
sions
e tc, en
formed or acting
provided original
law
for
1917.............
1918.............
1919.............
1920.............
1
5
1
4
1
Total...
40
47
* United States.
The 40 commissions above accounted for operated in 32 jurisdic
tions, while laws have been enacted by the legislatures of 43 States,
the Territories of Alaska and Hawaii^ the Philippine Islands, and
Porto Rico, and by Congress for the civil employees of the Federal
Government and for the employees of the government of the District
of Columbia. Therefore not every law has been preceded by a com
mission; but every commission except that of Arkansas, appointed
in 1919, has been followed by the enactment of a law, though in some
cases so remotely as to suggest a lack of any real connection between
the two events. Indeed, the United States commission considered
only a statute relating to railroad employees, as to whom no law has
yet"been enacted. The year 1911 was marked by the creation of the
largest number of commissions as well as by the enactment of the
largest number of laws. But one investigative commission has been
appointed since 1916—that of Arkansas—said to be to remove con
stitutional objections in a pending bill; only four have been created
since 1913, and it is obvious that the day of their usefulness is ended,
either as an aid in determining the desirability of compensation
legislation or of working out deviations from accepted standards so
as to meet supposed local peculiarities.
PROGRESS OP LEGISLATION
The status of the employees of the United States, which precludes
suits for damages against their employer^ the Government, led to a
comparatively early enactment of provisions in their behalf which
>artook, to a considerable extent, of the nature of compensation
aws, though not fully representing them either in principle or opera
tion. Thus as early as 1882 (22 Stat. p. 57) provision was made for
certain employees of the Life-Saving Service who might suffer from
accidental injuries or from disease contracted in the service.
Beginning with 1900, the Post Office Department was given the
authority to employ 44acting clerks in place of clerks injured while on
duty” in the railway mail service, the salaries of the injured clerks
being continued for not more than one year. Death benefits were
added by later enactments, half pay during the second year of disabilitjr being provided, and the scope of the provisions increased so
as to cover many other employees of the department.
In 1908 a more general law for Federal employees was enacted to
be administered by the Secretary of Commerce and Labor, but lack
ing much of complete coverage and falling far short of adequacy in
I
PROGRESS OF LEGISLATION
5
its provisions. It remained practically unchanged, however, until in
1916 a law of general application to civil employees of the United
States was passed and an administrative commission provided for.
This act extends to employees of the Isthmian Canal ana the Panama
Railroad, and of the Alaskan railways under Federal construction
and control, but administration for these groups of employees rests
with the officials in charge of the respective localities and under
takings.
The latest extension (1919) of the provisions of this act brings
employees of the government of the District of Columbia within
their scope, the law being administered in this regard by the same
commission that has charge of the act as it affects civil employees of
the United States generally.
The first State legislation in the United States providing for
stated benefits without suit and without proof of negligence was
a cooperative insurance law of the State of Maryland, enacted in
1902. This law was of restricted application, affecting only min
ing, quarrying, steam and street railways, and work by municipali
ties in constructing any sewer, excavation, or other physical structure.
This law was to be administered by the State insurance commissioner
and made payment nr. absolute requirement in case of death. It
was declared unconstitutional after about two years’ operation.®
An act of the same legislature made quite similar provisions for
coal and clay miners in Allegany and Garrett counties.
The next* law within the territorial jurisdiction of the United
States was an enactment by the United States Philippine Commis
sion in 1905, authorizing the continuance of wages for a period
during disability, but not exceeding 90 days, in case of injury re
ceived by employees of the insular government in line of duty.®
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 com
pulsory, employers to pay on the basis of the tonnage mined and
employees on the basis of their monthly gross earnings. State
officials were to administer the fund, and payments for death and
disability were 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 this act. 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 law making power.7
The next law enacted in this field, and the last before the effect of
investigations by commissions came to be influential, was a law of
1910 of Maryland, superseding and repealing the act of 1902, affect
ing the coal and clay miners of Allegany and Garrett Counties.
It provided for equal contributions by employers and workmen to a
fund to be collected and disbursed by the treasurers of the respective
counties. Administration rested with the county commissioners.
* For an account of the operation of this law and the opinion declaring it unconstitu*
tional see Bui. No. 57, pp. 645-648, 689. 690. The law Itself is given in Bui. No. 45,
pp. 406-408.
6 Act No. 1410; see Bui. No. 71, p. 394.
* For the law in full see Bui. No. 85, pp. 658-661.
6
W O BK M E N ’ s COMPENSATION LAWS— UNITED STATES
Suit could be brought, but this barred compensation rights, and con
versely the acceptance of benefits barred the right to sue. The fault
of double liability which was held to invalidate the Montana statute
was avoided in tliis law by a provision which authorized an employer
who had defended a suit and against whom judgment had beien
rendered to deduct, on compliance with certain conditions, the
amount of such judgment and costs from the payments thereafter
to be made by lnm to the county fund.8
It is to be observed of the foregoing legislation, antedating what
may be called the commission period, that it is of limited application,
either as to the locality or classes of employees affected; also that
there appears to have been little regard to compensation principles
as at present understood. The remaining laws to be noticed may be
said to be of general application, and have either followed the in
vestigations of commissions or have been enacted under conditions
making the results of such commissions available to those interested.
The first of the laws of this class is the elective compensation law
of New York, 1910,9 followed at the same session by a compulsory
law for hazardous occupations. The latter law was cleclared uncon
stitutional after a very brief term of existence, but after an amend
ment to the constitution a new law was passed which has been sus
tained by both the State and the Federal courts. *
Of the 10 laws enacted in 1911, 7 provided for simple compensa
tion, 3 containing also provisions for insurance; while in 1912,
three States enacted compensation laws and one an insurance law;
in 1913 seven States were added to the list, in five of which compen
sation only was provided for, while in two there is also a system of
insurance. In 1914 compensation laws were enacted in two States,
though in one (Kentucky) the law was declared unconstitutional
before the time for it to take effect. Of the 10 new laws enacted in
1915 (one taking the place of the unconstitutional statute of Mon
tana), 9 provided for compensation merely, while 1 established an
insurance system. A new compensation law was passed in Kentucky
in 1916, in lieu of the earlier law declared unconstitutional; this
and a law of Porto Iiico which requires the insurance of the lia
bilities fixed by it are the only new laws of the year, though impor
tant amendments were made in Louisiana and New York. Indeed,
practically every year is marked by amendments whose tendency is
in general to strengthen the laws and enlarge their scope.
The extension of compensation legislation to five additional
States in 1917, one in 1918, four in 1919, besides the inclusion of pub
lic employees of the District of Columbia, and one in 1920, marks
the present bounds of compensation legislation. O f these, two of
the laws of 1918, one in 1919, and the Arizona law of 1925, provide
for a State insurance system, though in only one of them is this
system exclusive. The Missouri enactment of 1919 was rejected by a
referendum vote, as was one of 1923. A new enactment (1925) was
voted on in November, 1926, and sustained, coming into effect as to
compensation on January 9, 1927.
8 This act is given in Bui. No. 01, pp. 1066-1070; amendments enacted in 1012 appear
In B«l. No. I l l , pp. 88, 80.
* Repealed, ch. 015, Acts of 1022.
PROGRESS OF LEGISLATION
The following table shows in chronological order the States, etc.,10
that have enacted compensation laws:
STATES HAVING COMPENSATION LAWS, WITH THE DATE OF Til KIR ENACTMENT
AND COMING INTO EFFECT
State
United States
Washington........
Kansas................
Nevada...............
New Jersey.........
California............
New Hampshire.
Wisconsin...........
Illinois................
Ohio...................
Massachusetts
Michigan............
Rhode Island___
Arizona...............
West Virginia___
Oregon................
Texas..................
Iowa...................
Nebraska............
Minnesota..........
Connecticut........
New York *.........
Maryland...........
Louisiana...........
Approved
May 3a 1906
Mar. 14,1911
.do.
Mar. 24,1911
Apr. 4,1911
Apr. 8,1911
Apr. 15,1911
Alay 3,1911
Juno 10,1911
June 15,1911
July 28,1911
Mar. 2a 1912
Apr. 29,1912
June 8,1912
Fob. 22,1913
Feb. 25,1913
Apr. 16,1913
Apr. 18,1913
Apr. 21,1913
Apr. 24,1913
May 29,1913
Dec. 16,1913
Apr. 16,1914
June 18,1914
Effective
Aug.
Oct.
Jan.
July
July
Sept.
Jan.
May
May
Jan.
July
Sept.
Oct.
Sept.
Oct.
July
Sept.
July
July
Oct.
Jan.
July
Nov.
Jan.
1,1908
1.1911
1.1912
1.1911
4.1911
1.1911
1.1912
3.1911
1.1912
1.1912
1.1912
1.1912
1.1912
1.1912
1.1913
1.1914
1.1913
1.1914
17,1913
1.1913
1.1914
1.1914
1.1914
1.1915
State
Approved
Wyoming................
Indiana...................
Montana *...............
Oklahoma...............
Vermont..................
Maine.....................
Colorado.................
Hawaii....................
Alaska.....................
Pennsylvania..........
Kentucky *.............
Porto liico..............
South Dakota.........
New Mexico...........
Utah.......................
Idaho...............- ___
Delaware................
Virginia...................
North Dakota.........
Tennessee.............. .
Dist. of Columbia *.
Alabama.................
Georgia.................. .
Missouri3................
Feb. 27,1915
Mar. 8,1915
.do.
Mar. 22,1915
Apr. M915
----- d o ..........
Apr. 10,1915
Apr. 28,1915
Apr. 29,1915
June 2,1915
Mar. 23,1916
Apr. 13,1916
Mar. ia 1917
Mar. 13,1917
Mar. 15,1917
Mar. 16,1917
Apr. 2,1917
Mar. 21,1918
Mar. 5,1919
Apr. 15,1919
July 11,1919
Aug. 23,1919
Aug. 17,1920
Apr. 3a 1925
Effective
Apr. 1.1915
Sept. 1.1915
July 1.1915
Sept. 1.1915
July 1.1915
Jan. 1.1916
Aug. 1.1915
July 1.1915
July 28,1915
Jan. 1,1916
Aug. 1.1916 .
July 1.1916
June 1.1917
June 8.1917
July 1.1917
Jan. 1.1918
Do.
Jan. 1,1919
July 1,1919
Do.
July 1,1919
Jan. 1,1920
Mar. 1,1921
Nov. 16,1926
[ i Public employees only.
1Earlier laws of Montana (1909), New York <1910), and Kentucky (1914) were declared unconstitutional.
* The law of Missouri was suspended awaiting the results of a referendum.
The dates given above are the dates of the actual inception of com
pensation methods in the various jurisdictions. As indicated by the
footnotes, earlier laws were enacted in a few States, but were never
really operative. The existing laws of a number of jurisdictions,
widely differing in some instances from those enacted at the dates
given above, are of more recent enactment ; but the operation of a
compensation law has been continuous since the original act became
effective. There are therefore but five States in the southeastern
portion of the Union that are at present without compensation laws.
It also rests with Congress to provide for private employments in
the District of Columbia and for interstate employees in transporta
tion and for maritime workers. A bill for an act entitled “ Long
shoremen’s and harbor workers’ compensation act ” passed the Sen
ate June 3, 1926, and is in the hands of the House Judiciary
Committee for consideration when Congress convenes in its second
session.
Besides the statutory enactments noted above, there have been con
stitutional provisions made in a number of States, adopted with a
view to the removal or forestalling of objections to compensation
legislation on grounds of constitutionality. Thus the constitution of
Arizona, .adopted on the admission of that State into the Union in
1910 (amended 1925), provides specifically for the enactment of a
compensation law. Amendments in favor of such legislation were
10 In the discussion that follows the word “ State ” will be used to include all jurisdic
tions, Territorial and other.
8
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COMPENSATION LAWS— UNITED STATES
adopted in 1911 in California, in 1912 in Ohio (again amended,
1928), in 1913 in New York and Vermont, in 1914 in Wyoming, and
in 1915 in Pennsylvania. In Oklahoma alone, of all the 8tates where
the question has been submitted to the people, was such an amendment
rejected. This took place on August 1, 1916, the amendment failing
along with eight others submitted at the time. Of this it has been
said that the questions passed upon were rejected as a whole on ac
count of other facts than the attitude of the public toward this par
ticular subject.
The importance of such amendments to the constitution as pre
liminary to the enactment of compulsory laws has been greatly dis
counted by reason of decisions of the Supreme Court of the United
States upholding compensation laws of various types and form as
not in conflict with constitutional provisions; so that in the absence
of specific limitations which may be found by way of exception in
some State constitutions no bar appears to the enactment o f a com
pensation law compulsory in form and of general application. How
ever, in but two States" (California and Illinois) thus far has an
original elective law been supplanted by a compulsory one.
TYPES OP LAWS
The rapid growth of compensation legislation, involving, as it has,
the almost simultaneous enactment of laws in a number of States,
has operated to prevent the adoption of any one form of law as a
type, so that, although a single fundamental principle underlies the
entire group of laws of this class, its expression and application pre
sent great, diversity of details in the different States. This extends
not only to the primary factors of the scope of the laws and the
amount of compensation payable under them out also to the matter of
making the laws compulsory or voluntary in their acceptance, the
securing or not securing the payments of* the benefits, the mode of
securing where it is required, methods of administration, of election
or rejection, etc.
No fixed form of analysis or summary presentation can give in
complete detail the provisions of the laws under consideration. They
relate not only to the compensation of accidents but to accidcnt re
porting, safety provisions, the enforcement of safety laws, the estab
lishment of Insurance systems, premium rates, investments, the scal
ing of payments in cases of certain forms of negligence or their in
crease under certain conditions, procedure in arbitration, forms of
appeal, and a great variety of subjects on which it would be impos
sible 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 adoption 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.
However, it seems 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 in
dividuals.
TYPES OF LAWS
9
It is encouraging to note in this connection that, though there is
such diversity, and a manifest disposition on the part of some admin
istrative and legislative bodies to regard variations as warranted by
local conditions, if not absolutely desirable, there are certain discov
erable tendencies to move in a common direction, and thus approach
a common end. In several States amendments have been made at
every session of the legislature since the original enactment.
These changes liberalize the laws by reducing the waiting time,
increasing the amount of benefits paid, either by percentage increases,
raising the maximum, or both, and by increased medical aid. There
are also some extensions of inclusions’or coverage, while occupational
diseases have been recognized as compensable until at the present
time there are 12 States and the Federal Government caring for such
injuries. The percentage of wages paid as compensation is now 65
in 4 States and 66% in 32, besides the Federal statutes; so that 24
States, as against 20 at the beginning of the year 1920, pay 60 per
cent or move.
In 1020, 16 States fixed the maximum weekly payments at $12 or
less. Now no State has a maximum less than $12 for temporary
total disability, and only 6 have as low a standard as that? while 13
pay $.18 or more, as against 5 at the earlier date. The waiting time
is now less than one week in 9 jurisdictions, one week in 28, and more
than one week in 10, while at the earlier date only 4 laws fixed a
waiting time of less than one week, 22 of one week*, and 20 of more
than one week.
Another change that indicates a recognition of the previous (and
in many cases continuing) inadequacy of relief consists of amend
ments making permanent partial disability payments additional to
the payments for temporary total disability, or the healing time.
Such changes have been made comparatively recently in Colorado,
Georgia, Hawaii, and New Mexico; while in New York, if the healing
time is protracted beyond specified periods, the schedule for partial
disability payments is correspondingly extended The restriction on
term and amount of payments by way of medical relief has been
raised or eliminated in a few States in recognition of the impor
tance of adequate treatment to restore the injured man to his employ
ment. In two States new requirements as to insurance have been
made.
In most States (32) the employer and employee may exercise a
choice as to accepting the provisions of the compensation law.
Election by the employer is presumed in a majority of the States, but
in 1011 positive action is required. Where the employer rejects the
law, actions for damages may be brought without the customary
common-law defenses. Where he elects to accept the provisions of
the law, the acceptance by the employee is taken for granted, in
the absence of rejection, except in Kentucky, where positive accept
ance is required. In New Hampshire the employee may make his
choice of remedy after the injury has been received. I f the em
ployer has accepted and the employee rejects the law, actions for
damages are subject to the common-law defenses, except in 2 States
(New Jersey and Pennsylvania), where the defenses are abrogated
absolutely.
u Kentucky, Maine, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Rhode
Island, Texas, and West Virginia.
10
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COMPENSATION LAWS----UNITED STATES
The laws are compulsory in 14 States, neither employer nor em
ployee having the option of choosing another remedy, except in
Arizona, where a workman may elect prior to the injury not to come
under the act. Suit is permitted in a number of States if the em
ployer has failed to insure or permits premiums to remain unpaid.
No law is of complete coverage, and the terms elective ” and
u compulsory ” apply to the laws in regard to the occupations said
to be covered by the acts. Employers in other occupations than
those so classed as “ covered ” may generally accept the terms of the
acts, but forfeit no defenses by failure to do so. Such inclusion is
designated as uvoluntary” in the chart presented later, and may
require the joint positive action of both employer and employee.
The following map indicates the extent of compensation legislation
in the United States, and whether its acceptance is elective or com
pulsory; also what States have insurance funds managed by State
officials, and whether exclusive or competing with other insurance
carriers.
An analysis of the law of each State, in comparable form, is pre
sented on the succeeding pages.
HO CQifflSiSATIQH U5JT
ACCEPTANCE ELECTIVE
ACCKWAHCE COiiPULSORY fTT'fll I'l
STATE INSURANCE FUND
EXCIUSIVE
COMPETITIVE
ANALYSIS OF THE PRINCIPAL FEATURES OF THE LAWS
ALABAMA
Date of enaai ment.—August 23, 1919. Effective January 1, 1920.
Injuries compensated.—Injuries caused by accident arising out of and in tlie
course of the employment, causing disability for more than two weeks, or death,
not caused by employee’s willful misconduct, intoxication, or willful failure
to observe rules or statutory duties.
Industries covered.—All except those employing less than 16 persons, cominon curriers while engaged in interstate commerce, and domestic and agricul
tural service. Municipalities and employers of less than 1G employees (except
farm laborers), may elect to come under the act.
Persons compensated.—Private employment: All persons in the Industries
covered, including minors, but excepting casual employees not in the usual
course of the employer’s trade or business. Public employment: Not covered
unless employer elects.
Compensation for death:
(<0 Expenses of last sickness and burial, in addition to required medical,
etc., treatment, not to exceed $100.
(ft) Total dependents: To widow, 30 per cent of wages; to dependent hus
band, 25 per cent; to widow or widower and one child, 40 per cent;
to widow or widower and two or three children, 50 per cent: to
widow or widower and four or more children, 60 per cent; to depend
ent orphan, 30 per cent; for each additional orphan, 10 per cent,
maximum 00 per cent; to one parent, 25 per cent, both. 35 per cent;
to grandparent, brother, sister, mother-in-law, father-in-law, if one, 20
per cent, if more than one 25 per cent.
Compensation payable in the order named and ceases on death or re
marriage, and upon arrival of children at age of 18.
(c) To partial dependents: A proportion of the above corresponding to the
relation the contribution of the deceased to their support bore to bis
wages.
Maximum weekly payment, $12 to $15, according to number of de
pendents: minimum, $5, or actual wages. Total period. 300 weeks
including disability payments, if any; total maximum, $5,000.
Compensation for disability:
( a) Reasonable medical, etc., treatment for the first 60 days, not exceeding
$100.
(5) For temporary total disability, 50 per cent of wages for not over
300 weeks.
(c) For partial disability, 50 per cent of wage loss for not over 300
weeks.
For certain specific injuries (mutilations, etc.), 50 per cent of wages
for fixed periods (10 to 400 weeks).
(d) For permanent total disability, 50 per cent of wages for 550 weeks,
not over $5 weekly after 400 weeks.
Maximum weekly payments, $12; with one wholly dependent child,
$13; with two children, $14; with three or more children, $15; mini
mum, $5. or actual wages.
Compensation may be commuted to lump-sum payments by agreement
or by the court.
Revision of benefits.—Awards payable for more than six months may be
revised by agreement or by court.
Insurance.—Employers may insure whole or part of compensation. Insur
ance not required.
Security for payments.—Compensation is not assignable, nor subject to gar
nishment, and is entitled to the same preferences as unpaid wages.
Settlement of disputes.—Settlements not made by agreement are determined
by the courts.
12
ANALYSIS OF LAWS— ALASKA
13
ALASKA
Date of enactment.—April 29, 1915, in effect July 28, 1915. Amended 1917,
chapter 44; new act, 1923, chapter 98; approved May 4 ; in effect August 2,
1923; amended 1925. Jiapter 63.
Injuries compensated.—Personal injury causing disability for more than one
week, or death, arising out of and in the course of employment, not due to
the employee's willful intention to injure himself or another or to his intoxica
tion.
Industrie covered.—All private employments in which five or more persons
are employed, unless election to the contrary is made; domestic service, agricul
ture, and the operation of railroads as common carriers excepted.
Persons compensated,—Private employment: AU employees in industries cov
ered, contractors and subcontractors exciurled. Public employment not in
cluded.
Compensation for death:
(a) If married, $3,900 to widow, $780 additional for each child under 16
years of age. or child wholly dependent by reason of mental or
physical incompetency, or unborn or posthumous child, and to de
pendent parent or parents if any; if no widow, $3,900 to any minor
orphan, and $780 additional for each child under 16; no total to
exceed $7,800.
(&) I f unmarried, and dependent parent or parents, $.1,560 to each.
(c) If no dependents, funeral expenses not to exceed $195, and other ex
penses, if any, to same amount.
Compensation for disability:
(a) Reasonably necessary medical and hospital treatment for not more
than one year, for which employer may deduct $2.50 per month from
wages of each employee for separate fund.
(b) Permanent total: $4,680 to workman alone; $6,240 if married, $780
additional for each child under 16, posthumous child, or child over
16, dependent by reason of physical or mental incompetency; total
not to exceed $7,800. If no wife or children, but dependent par
ents, $780 for each.
(c) Temporary total disability: 50 per cent of weekly wages during its
continuance.
(d) Permanent partial disability: Fixed sums for specified injuries in lieu
of other payments, varying with conjugal condition and number of
children, maximum $6,240.
Revision of benefits.—Readjustment must be made if within two years an
injury develops or proves to be such as to warrant a higher award from that
previously made.
Insurance.—No provision.
Security of payments.—Attachment may be had pending result of action, or
employer may deposit cash or bond with court. Payments are exempt from
execution.
Settlement of disputes.—By courts, either with or without jury trial.
14
W O RK M E N ’S COMPENSATION LAWS— UNITED STATES
ARIZONA
Date of enactment.—June 8, 1912; in effect September 1, 1912. Amended
1913, chapter 7; new act, 1925, chapter 88; approved March 24, 1925; in effect
January 7, 1926 (on declaration of constitutionality).
Injuries compensated.—All personal injuries causing disability for more than
seven days, or death, due to accident, arising out of or in the course of the
employment, not purposely self-inflicted.
Industries covered.—All having in service three or more workmen regularly
employed in the same business or in or about the same establishment, except
agricultural workers not employed in the use of machinery, and domestic
servants; elective as to excepted employments.
Persons compensated.—Private employment: All employees in industries
covered, except casual and not in the usual course of trade or business of the
employer. Public employment: Included except elective officials and those
receiving more than $2,400 annual salary.
Compensation for death:
(a) Burial expenses, not to exceed $150.
(&) To the widow or wholly dependent widower, 35 per cent of the aver
age wage until death or remarriage, 15 per cent additional for each
child under 18 years of age. If one orphan child, 25 per cent, 15
per cent additional for each other child. If none of the above, and
a wholly dependent parent, 25 per cent, 15 per cent additional if
two. If dependent brothers or sisters under 18, 25 per cent of wage
if one, 35 per cent if more than one. No total may exceed 66% per
cent of wages.
(c) To partial dependents such proportion of foregoing benefits as the
amount contributed bears to the average wage of the deceased, for
not over 100 months.
(d) If no dependents, $850 to a rehabilitation fund.
Widows remarrying receive two years* benefits in one sum. Payments
to minors cease at 18, or if over 18 and incapable of self-support, on
becoming capable.
Compensation for disability:
(а) Medical, surgical, and hospital treatment and supplies, including arti
ficial members, for 90 days; one year if commission directs. Onehalf costs, not over $1 per month from each employee, may be
deducted from wages.
( б) For total disability, 65 per cent of wages for not over 100 months,
if temporary, with $10 monthly additional if a dependent or depend
ents in the United States; if permanent, 65 per cent of wages for life.
(o) For partial disability, 65 per ceut of the wage loss for not over 60
months if temporary; schedule for specific injuries, in addition to
temporary total disability payments. Special rule for hernias.
Revision of benefits.—Awards may be revised on application if change of
circumstances warrant.
Insurance.—Required in the State fund, stock or mutual company, or proof
of financial ability to pay direct compensation. Public employees must be
insured in the State fund.
Security of payments.—Insurers are primarily liable to a workman or his
beneficiaries. Notice to the employer is notice to the insurer; insolvency does
not relieve insurer. The award, when docketed in the office of a county clerk,
is a lien upon the real property of the employer situated in that county for a
period of 8 years.
Settlement of disputes.—Disputes are settled by the industrial commission,
with appeal to courts.
ANALYSIS OF LAWS— CALIFORNIA
15
CALIFORNIA
Date of enactment.—April 8, 1011, in effect September 1, 1011; new act,
chapter 176, acts of 1013, in effect January 1, 1014; new act, chapter 586, acts
of 1017, in effect January 1, 1018. Amended, 1010, chapter 471; 1023, chapters
00, 161, 370, 381; 1025, chapters 300, 354, 355, 383.
Injuries compensated.—Injuries or disease arising out of and in the course
of employment, including injuries to artificial members, causing disability for
more than 7 days, or death, not intentionally self-inflicted and not the result
of the intoxication of the injured employee.
Industries covered.—All except agriculture and domestic service, which
services may come under the act by joint election.
Persons compensated.—Private employment: All employees, including ap
prentices and aliens, excepting casual employees not in the course of the
employer’s trade or business. Public employment: Persons employed by the
State and its political subdivisions and all public corporations, including officers
and enlisted men of the National Guard.
Compensation for death:
(a) The reasonable expense of burial, not exceeding $150.
(b) To persons wholly dependent, three times the annual earnings of the
deceased employee; not less than $1,000 nor more than $5,000, pay
able at least semimonthly in installments equal to 65 per cent of the
wages. Payments to children cease on their reaching the age of 18
years, unless mentally or physically incapacitated for earning a
living.
<c ) If only partial dependents survive, three times the annual contribu
tion of the deceased to their support, subject to the same limitations
as above.
(d) If no dependents, burial expenses, not exceeding $150. Any disability
payments made and burial expenses paid are to be considered as
parts of the foregoing totals.
Compensation for disability:
(а) Such medical, surgical, and hospital treatment as may reasonably be
required to cure and relieve from effects of injury.
( б) 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.
(cf) For permanent disability, 65 per cent of average weekly earnings for
l>eriods varying from 4 to 240 weeks, according to the degree of
disability. After the expiration of 240 weeks a further benefit vary
ing 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.
The aggregate amount of benefits for a single injury causing temporary
disability is limited to three times the annual earnings of the injured
person, with a maximum benefit period of 240 weeks.
In case of permanent incapacity or death, a lump sum may be substi
tuted for benefits, such lump sum to equal the present value of the
benefits computed at 6 per cent.
Average weekly earnings shall be considered as not less than $6.41 nor
more than $32.05.
Revision of benefits.—Decisions and awards may be reviewed at any time
during the first 245 weeks, after legal notice received.
Insurance.—Insurance is required in the State insurance fund or in an
authorized insurance company, unless the employer furnishes proof of ability
to carry his own insurance. 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.
Policies inure directly to the benefit of employees, who also have a first lien on
any amount due the employer from the insurance company. Self-insurers may
be required to give bond or deposit securities.
Settlement of disputes.—Disputes are settled by the State industrial accident
commission, subject to a limited review by the courts.
16
W O RK M E N ’S COMPENSATION LAWS— UNITED STATES
COLORADO
Date of enactment.—April 10, 1915; in effect August 1, 1015. Reenacted,
chapter 210, Acts of 1919; amended 1923, chapters 200, 201, 202, 203; 1925,
chapter 182.
Injuries compensated.—Injuries caused by accident arising out of and in
course of employment, not intentionally self-inflicted, and causing death within
two years or disability for more than 10 dgys.
Industries covered.—All, except interstate commerce and domestic and agri
cultural labor, in which four or more persons atfe employed, if employers elect
to come under the a ct; others may elect, but lose no defenses if they do not.
Persons compensated.—Private employment: All employees, excluding those
whose work is but casual and not in the usual course of the employer's busi
ness. Public employees: Ail under any appointment or contract of hire; elec
tive officials and officers and enlisted men of the National Guard excluded.
Compensation for death:
(a) Burial expenses, not to exceed $125.
(&) To persons wholly dependent, including acknowledged illegitimate
children, 50 per cent of the weekly wages for six years, $12 maxi
mum, $5 minimum, total not to exceed $3,750. If death occurs from
any cause during receipt of disability benefits, any unaccrued and
unpaid remainder goes to dependents, not to exceed $3,750.
(0) If only partial dependents survive, 50 per cent of the weekly wages,
$12 maximum, $5 minimum, for such part of six years as required
to pay amouut of award. If death occurs from any causc during
the receipt of disability benefits, partial dependents shall receive
proportionate amounts of the unpaid award, not to exceed $3,750.
{d) If no dependents, funeral expenses, not over $125.
(e) Payments to any beneficiary cease on death; to widow or dependent
widower on remarriage, but a lump sum equal to one-half the un
paid balance shall be paid to the spouse if there arc no children; if
there are dependent children, the unpaid balance is payable to
them; to children, on reachiug the age of 18, unless incapacitated.
Payments lapsing for any reason go to surviving dependents, if tiny.
Benefits to aliens are one-fourth the amounts payable to citizens.
Compensation for disability:
(a) Medical and surgical assistance for first 00 days, not more than $200
in value and $100 for dental services.
(l>) For temporary tolal disability, 50 per cent of weekly wages during
continuance, $5 minimum, $12 maximum; full wages if less than $5.
(c) For pcrmauent total disability. 50 per cent of average weekly wages,
maximum $12, minimum $5, for life.
(d) For permanent partial disability, 50 per cent of the weekly wage
decrease, $12 maximum: total not to exceed $3,120. Special schedule
for specified injuries, 50 per cent of weekly wages for periods rang
ing from 4 to 208 weeks, in addition to other payments. Facial dis
figurements, not exceeding $500.
( e ) For temporary partial disability, 50 per cent of wage loss during
disability; maximum $12, minimum $5, aggregate maximum $1,560.
Payments may be commuted to a lump sum after six months.
Revision of benefits.—Awards may be reviewed after making, and may be
appealed from within 20 days.
li
snrance.—Insurance in State fund, stock, or mutual company, or proof of
financial ability to make payments, is required. Public employees must be
insured in the State fund.
Security of payments.—Insurers are primarily liable to a workman or his
beneficiaries entitled to benefits; notice to employer is notice to insurer;
insolvency of employer does not release insurer. Claims are not assignable,
and payments are exempt from attachment or execution. Claims to have
same preference as to lien as wages, but not limited as to amount.
Settlement of disputes.—Disputes are determined by the industrial commis
sion, with limited appeal to courts.
ANALYSIS OF LAWS— CONNECTICUT
17
CONNECTICUT
Date of enactment.—May 21). 1913: in effect January 1, 1914. Amended, 1915,
chapter 228; 1917, chapter 308; 1918, chapter 284; 1919, chapter 142; 1921,
chapters 148, 306; 1925, chapter 247.
Injuries compensated.—All injuries arising out of and in the course of em
ployment, disability of more than seven days, or death, except when injury
Is caused by willful and serious misconduct of the injured employee, or by his
intoxication. Occupational diseases are included.
Industries covercd.—All industries in which live or more persons are em
ployed, in absence of contrary election by employer; others may elect.
Persons compensated.—Private employment: Ali employees of an employer
accepting the act, in absence of contrary election, outworkers and casual em
ployees who are employed otherwise than for the purposes of the employer’s
business excepted. Public employment: Employees of the State and any public
corporation within the State using the services of another for pay.
Compensation for death:
(a) $100 for burial expenses.
(&) 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
earnings of the deceased employee.
(<Z) Compensation shall in no case be more than $18 or less than $5
weekly, and shall not continue longer than 312 weeks.
A widow’s or widower’s dependence ceases with remarriage, and a
child’s upon reaching 18 years of age, unless physically or mentally
incapacitated.
If a widow or dependent widower remarries or dies during the term
of benefit payments, subsequent payments go to other dependents,
if any.
Compensation for disability:
(а) Reasonable medical and surgical aid and hospital service.
( б) For total disability, a weekly compensation equal to one-half the
employee’s earnings, not more than $21 or less than $5 weekly, or
for longer than 520 weeks.
(o) For partial disability, a weekly compensation equal to one-half the
wage loss, but not more than $21 per week, or for longer than 520
weeks. For specified Injuries causing permanent partial disability,
one-half the average weekly earnings for fixed periods in addition to
compensation for temporary total disability.
Lump-sum payments may be approved by the commissioner, provided
they equal the value of the compensation.
Revision of benefits.—Review may be had upon request of either party, when
ever it shall appear to the compensation commissioner that the incapacity or
the measure of dependence has changed. The commissioner retains control
over awards during their whole period, with power to take proper action
thereon at any time.
Insurance.—Approved schemes may be substituted, provided the benefits are
equivalent 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
satisfactory proof of his solvency and financial ability to pay awards, file satis
factory security with the insurance commissioner, or insure in approved stock
or mutual companies or associations. Payments are not assignable, are exempt
from execution, and are entitled to the same preference as wage debts.
Settlement of disputes.—Disputes are to be settled by the compensation com
missioners. Appeals from findings and awards of any commissioner may be
made to the superior court of the county without cost to either party.
18
W O R K M E N ^ COMPENSATION LrAWS— UNITED STATES
DELAWARE
Date of enactment.—April 2, 1917; in effect January 1, 1918. Amended,
1919, chapter 203; 1921, chapter 180; 1923, chapter 206.
Injuries compensated.—Injuries by accident arising out of and in course of
employment, causing disability for more than 14 days, or death within one
year, and not due to the employee's intoxication or willful negligence or
intent to injure himself or another.
Industries covered.—All, except agriculture and domestic service, in which
five or more persons arc employed, unless contrary election is made.
Persons compensated.—Private employment: All persons under contract tor
hire for a valuable consideration except casual employees not in the regular
course of the trade or business-of the employer, and outworkers. Public em
ployment: Not included, except employees of city of Wilmington.
Compensation in case of death:
(a) Funeral expenses, not exceeding $100.
(fe) To the widow or widower alone, 25 per cent of the wages of the
deceased employee; if one child, 40 per cent, and 5 per cent for
each additional child; not over 60 per cent in all. If one or two
orphan children, 25 per cent, and 10 per cent for each additional
child, the total not to exceed 60 per cent. If none of the foregoing,
and a dependent parent or parents survive, 20 per cent; if no
parents, to dependent brothers or sisters, 15 per cent for one, with 5
per cent for each additional, the total not to exceed 25 per cent.
Aliens (widows and children only) receive one-lialf the above
amounts.
Payments are for a period of 285 weeks, minus any disability benefits
paid the injured person prior to h4s death, but cease on the death of
a beneficiary, the remarriage of a widow or widower, or on a child
attaining the age of 16 years; but orphan children or those aban
doned by the surviving parent continue to receive benefits until Ihe
age of 16, regardless of the limitation of 285 weeks. Shares lapsing
are redistributed.
Wages used in computing death benefits shall be reckoned as not less
than $10 nor more than $30 per week.
Compensation for disability:
(a) Medical and surgical aid as may be reasonably required during the
first 30 days, unless refused by the employee, but not to exceed $100;
board may direct additional amount.
(b) For total disability, for not over 475 weeks, 50 per cent of the in
jured person’s wages, not more than $15 nor less than $5 per week,
unless the wages were less, the total not to exceed $4,000.
(c) For partial disability, 50 per cent of the wage loss, not more than $15
per week, for not more than 285 weeks; for specified injuries, 50
per cent of the wages for fixed periods, in lieu of all other payments,
the amount to be not more than $15 nor less than $5, per week,
unless the wages were less.
Periodical payments may be commuted to lump sums on the applica
tion of either party, with due notice to the other.
Rt vision of benefits.—On application of any party in interest, but not oftener
than once in six months, a review of awards may be had and changes made
as the condition of the injured person or the status of beneficiaries may
warrant.
Insurance.—Insurance is required in an approved organization, unless ade
quate proof of the employer’s financial ability to meet obligations is furnished.
Self-insurers may be required to give bond or make a deposit to secure the
payment of liabilities.
Security of payments.—Policies must inure directly to the benefit of the per
son entitled to compensation. Payments have the same priority as wage
debts, and are not subject to assignment or execution.
Settlement of disputes.—Disputes are settled by the State industrial accident
board, subject to appeal to the courts, to be tried without the aid of a jury.
ANALYSIS OF LAWS— DISTRICT OP COLUMBIA
19
DISTRICT OF COLUMBIA
Date of enactment.—July 11, 1910; in effect July 1, 1919.
This act extends the provisions of the act compensating civil employees of the
United States to “ employees of the government of the District of Columbia so
far as they may be applicable,” except pensionable members of the police and
fire departments. For analysis, see page 59.
20
WORKMEN ’g COMPENSATION LAWS— UNITED STATES
GEORGIA
Date of enactment.—August 17, 1920; in effect March 1, 1921. Amended,
1922, pages 77, 185; 1923, page 92; 1925, page 282.
Injuries compensated.—Personal injuries l>y accident arising out of and in
course of the employment, causing death or disability for more than 7 days,
not due to the injured employee's willful misconduct, intoxication, violation of
safety provisions, or the willful act of a third person not due to the employment.
Industrie# covered.—All where 10 or more persons are employed, excepting
agriculture and domestic service, common carriers using steam power, and
institutions operated as public charities, all iu the absence of contrary election.
Small establishments may make election to come under the act.
Persons comi>ema1<’d.—Private employment: All employees in establishments
covered, except casual employees. Public employment: Employees of municipal
corporations and political subdivisions of the State.
Compensation for death:
(a) Burial expenses not to exceed $100.
(b) To persons wholly dependent, 85 per cent of the benefits provided for
total disability for 300 weeks.
(c) To persons partly dependent, a payment proportionate to the decedent’s
contribution to their support.
Payments continue for not over 300 weeks from the date of injury,
$12.75 maximum, the total not to exceed $5,000. They cease on the
remarriage of a widow or widower, or on a child reaching the age of
18 unless incapacitated for earning.
Payments to nonresident aliens, other than in Canada, may not exceed
$1,000.
Compensation for disability:
(a) Necessary medical attention for not more than 80 days, the cost not to
exceed $100.
(&) For total disability, one-half the weekly wages, not more than $15 nor
less than 4, or full wages for not more than 350 weeks; the total not
to exceed $5,000.
$5,000.
(o) For partial disability. 50 per cent of the wage loss, not more than $12
per week, for not more than 300 weeks; fixed periods for specified
injuries, in lieu of all other compensation except for a period of not
over 10 weeks’ total disability.
Any weekly payment may be commuted to a lump sum after 26 weeks
if the parties agree and the commission approves.
Revision of benefits.—The commission may at any time review' an award or
agreement, either on its own motion or on application of either party.
Insurance.—Insurance in a licensed stock or mutual company, or a reciprocal
association, is required unless satisfactory proof is given to act as a selfinsurer.
Security of payments.—Evidence of insurance must be filed, policies must
inure directly to beneficiaries, payments have same preference as wage debts,
and are exempt from assignment, Attachment, etc.
Settlement of disputes.—Disputes are settled by an industrial commission
subject to appeal to the courts.
ANALYSIS OF LAWS— H AW AII
21
HAWAII
Date of enactment.—April 28, 1915; in effect July 1, 1915; amended, 1917,
No. 227; 1923, No. 249.
Injuries compensated.—Personal injury by accident arising out of and in
course of employment, including occupational diseases, causing disability for
more than seven days or death within six months, and not due to the employee’s
intention to injure himself or another or to liis intoxication.
Industries covered.—All public and all industrial employment for pecuniary
gain.
Persons compensated.—Private employment: All persons under contract of
employment or apprenticeship, other than casual employees, whose pay does not
exceed $36 per week. Public employment: All except elective officials and em
ployees who receive salaries in excess of $1,800 per year.
Compensation for death:
(а) $100 funeral expenses.
( б) Forty per cent of the average weekly wages to widow or dependent
widower alone, 50 per cent if one or two dependent children, 60 per
cent if three or more; 30 per cent to one or two orphans, 10 per cent
additional for each child in excess of two, total ikot to exceed 50 per
cent. If no consort or child, but other dependents, 25 to 40 per cent.
(c) Payments to widow cease on death or remarriage, and to widower on
termination of disability or remarriage; to child on reaching age of
16, unless incapable of self-support, when they may continue to 18;
to other beneficiaries on termination of disability; no payments
except to children to continue longer than 312 weeks. Basic wages
not less than $5 nor more than $36 weekly. Maximum benefits,
$5,000.
Compensation for disability:
(a) Reasonable surgical, medical, and hospital services during disability.
( b) For total disability, 60 per cent of weekly wages, $5 minimum, $20
maximum, for not longer than 312 weeks; total not to exceed $5,000.
If wages are less than $5, full wages will be paid unless disability is
permanent, when $5 will be paid.
(o) For partial disability, CO per cent of wage decrease, $12 maximum, not
over 312 weeks; total not to exceed $5,000. Fixed awards are made
for specified injuries in addition to total or partial disability benefits.
Payments may be commuted to one or more lump sums in any case.
Revision of benefits.—Agreements or awards may be reviewed at any time, but
not oftener than once in six months.
Insurance.—Private employers must carry insurance, secure guaranty insur
ance, deposit security, or furnish proof of financial ability to make payments.
Security of payments.—Payments are preferred claims, the same «s wago
debts. Employees have direct recourse to insuring company: insolvency of
employer does not release insurer.
Settlement of dispute*.—Industrial accident, boards for each county with aid
of a committee of arbitration, if desired by either party; appeals to courts.
22
W O RK M E N ’S COMPENSATION LAWS— UNITED STATES
IDAHO
Date of enactment.—March 16, 1917: in effect January 1, 1918. Amended
1921, chapters 217, 220; 1925, chapter 129.
Injuries compensated.—Injury by accident arising out of and in course of
employment, not due to the employee’s willful intention to injure himself or
another or to his intoxication, causing death within two years, or disability for
more than seven days.
Industries covered.—Compulsorily, all public employment and all private em
ployment carried on by the employer for pecuniary gain, except agricultural
and domestic service, range laborers, and employment by charitable organiza
tions. Exempted industries included by written agreement of both parties.
Persons compensated.—Private employment: All employees except casual,
outworkers, and members of the employer’s family dwelling in his house.
Public employment: All except those receiving salaries in excess of $2,400 per
annum and elected officials.
Compensation for death:
(a) Burial expenses not to exceed $200.
(b) To a dependent widow or widower alone, 45 per cent of the employee’s
average weekly wages; if a child or children, 55 per cent. Orphan
children receive 25 per cent if one, and 10 per cent additional for
each child more than one, the total not to exceed 55 per cent. To a
dependent parent or pavents, any sum not paid to the foregoing, the
total not to exceed 55 per cent; if no spouse or child, 25 per cent to
one dependent parent or 20 per cent to each if both are dependent;
other dependents may receive benefits within the 55 per cent limits.
(c) If there are no dependents, the employer shall pay $1,000 into the in
dustrial administration fund.
(d) No payment shall extend beyond 400 weeks, and shall terminate on
the death or remarriage of a widow or widower, on a child reach
ing the age of 38 unless incapable of self-support, or on a parent
or grandparent ceasing to be dependent. Benefits terminating before
the end of 400 weeks may be reapportioned.
Death benefits may not exceed $12 per week nor be less than $6, or the
actual weekly earnings if less than $6. Alien dependents receive
only 50 per cent of the above compensation.
Compensation for disability:
(a) Reasonable medical, surgical, and hospital service, and crutches and
apparatus as may be required or requested at the time of the. injury
and for a reasonable period thereafter.
(b) For total disability, 55 per cent of the injured person's wages, not
less than $G nor more than $12 for 400 weeks, and $6 per week
thereafter, additional allowances for wife and children, total not
to exceed $16 per week.
(c) For partial disability, 55 per cent of the wage loss for not more than
150 weeks; nor more than the amounts allowed for total disability;
schedule for designated permanent partial disabilities, ranging from
3 to 200 weeks, in addition to other payments.
Lump-sum settlements may be approved for part or all the benefits,
for either disability or death.
Revision of benefits.—Agreements or awards may be reviewed on the appli
cation of either party, but not oftener than once in six months.
Insurance.—Employers must insure in the State insurance fund or deposit
satisfactory security or surety bond to guarantee payments.
Security of payments.—Policies of insurance in the State fund and all
guaranty contracts must provide that the employee may have direct recourse
thereto, and the insolvency of the employer is no release of his surety. Benefits
have the same priority as wage payments, and are exempt from assignment,
attachment, etc.
Settlement of disputes.—The act is administered by an industrial accident
board. Agreements l>etweon employers and employees must be approved by
this board. On failure to agree, a committee of arbitration must be formed,
whose award is valid unless a review by the board is requested withiri. 30
days. A limited appeal may be taken to the courts.
ANALYSIS OF LAWS— ILLINOIS
23
ILLINOIS
Date of enactment.—June 10, 1911; in effect May 1, 1912. New act, June
28, 1913; in effect. July 1, 1913. Amended 1915, page 400; 1917, pages 490,
505; 1919, page 538 ; 1921, page 446; 1923, page 354; 1925, page 378.
Injuries compensated.—Accidental injuries, including certain occupational
diseases, arising out of and in the course of employment causing permanent
disfigurement, disability of over six working days, or death.
Industries covered.—Public employment; private employments (enumerated
list), and all enterprises in which the law requires safety devices. Other em
ployers may elect, but forfeit no defenses if they do not.
Persons compensated.—Private employment: All employees except those not
engaged in the usual trade, etc., of the employer. Public employment: All
persons employed by the State, county, municipality, etc., except officials.
Compensation for death:
(a) To persons wholly dependent, a sum equal to four years’ earnings, not
less than $1,650 (to a widow with one child under 16, $2,000, and if
two or more children, $2,100) nor more than $3,750 (to a widow
with one child under 16, $4,100 and if two or more children, $4,350).
(b) If only dependent collateral heirs survive, such percentage of the above
sum as the support rendered during the last two years was of the
earnings of the deceased.
(c) If no dependents, a burial benefit not exceeding $150, and $300 to a
second injury fund.
Compensation for disability:
(ft) Medical, surgical, and hospital services as reasonably required to effect
a cure.
(&) For total disability beginning with eighth day (second day if perma
nent), a weekly sum equal to 50 per cent of the employee’s earn
ings, $7.50 minimum, $14 maximum, during disability or until pay
ments equal a death benefit; thereafter, if the disability is perma
nent, a sum annually equal to 8 per cent of a death benefit, but not
less than $10 per month.
(c)For permanent partial disability, 50 per cent of the loss of earning ca
pacity, but not more than $14 per week.
(<f) For certain specified injuries (mutilations, etc.), a benefit of 50 per
cent of weekly wages for fixed periods, in addition to temporary
total disability payments.
( e ) The basis of 50 per cent shall be increased 5 per cent for each child
under 16 years of age, the maximum to be 65 per cent. The mini
mum sum of $7.50 per week is to be increased according to the num
ber of children, the total not to exceed $14. The maximum weekly
payment of $14 is similarly increased, the total not to exceed $19.
(f) 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 eight years, except in case of per
manent total incapacity.
Lump-sum payments for either death or disability may be substituted
by the industrial board for periodic payments.
Revision of benefits.—Medical examination may be had not oftener than
every four weeks. The industrial board may, on request, review installment
payments within 18 months after the award or agreement thereon.
Insurance.—The employer must insure, furnish proof of ability to pay, or
make other provision for security of payment; or he may maintain a benefit
system, but may not reduce his liability under the act.
Security of payments.—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. Exempt from garnishment,
attachment, or execution.
The rights of an insolvent employer to insurance are subrogated to em
ployees.
Settlement of disputes.—Disputes are determined by the industrial com
mission through an arbitrator or arbitration committee, subject to review by
the board. Questions of law may be reviewed by the courts.
24
w o r k m e n ’s c o m p e n s a t io n l a w s — u n it e d states
INDIANA
Date of cnactmcnt.—March 8, 1915; in effect September 1, 1915. Amended.
1917, chapters 63, 81. 165; 1919. chapter 57, 71; 1923, chapter 76.
Injuries compensated.—Personal injury causing disability for more than
seven days, or death within 300 weeks by accident arising out of and in course
ol employment, not due to willful misconduct, intention to injure self, intoxica
tion. or willful failure or refusal to use safety appliance or perform duty re
quired by statute.
Industries covercd.—All except interstate and foreign commerce, for which
Federal laws make provision, railroad employees engaged in train service, and
domestic and agricultural labor, unless employer makes contrary election;
compulsory as to State and its municipalities, and corporations engaged in
mining coal.
Persons cmrpensated.—Private employment: All employees and contractors'
employees engaged upon the subject matter of the contract: employees whose
work is casual and not in the usual course of the employer's business are ex
cepted. Public employment: All employees, unless entitled to municipal pen
sions.
Compensation for death:
(a) $300 for funeral expenses, if death from the injury occurs within
300 weeks.
(b) Fifty-live per cent of weekly wages to persons wholly dependent; to
those partially dependent, amounts proportionate to decedent’s con
tributions to their support. The term of payment is limited to 300
weeks from the receipt of the injury.
(c) Payments cease on remarriage of widow or dependent widower, or on
children attaining the age of 18 years, unless menially or physically
disabled for earning. Wages are to be considered as not above $21
nor less than $10 weekly, no total to exceed $5,000.
Compensation for disability:
(a) Medical and hospital services for first 30 days, and longer at option of
employer; industrial board may extend period 30 days; employees
must accept unless otherwise ordered by industrial board.
(b) For total disability, 55 per cent of wages for not more than 500 weeks.
(c) For partial disability, 55 per cent of wage loss for not more than 300
weeks.
(d) For certain specified injuries, 55 per cent of wages for designated
periods ranging from 10 to 250 weeks in lieu of all other payments;
for permanent disfigurement impairing opiiortunity or usefulness,
benefits for not over 200 weeks.
Wage basis and total amounts are limited as for death benefits.
In unusual cases payments may be commuted to a lump sum after 26
weeks.
Revision of benefits.—Awards may be reviewed at any time by industrial
board on its own motion or the request of either party, but without retroactive
effect.
Insurance.—Required unless satisfactory proof of financial ability to moet
payments is fjirnished.
Security of payments.—Contracts of insurance must inure directly to the
benefit of the person entitled to payments under an award. Payments h:»ve
same preference and priority as unpaid wages, and are exempt from claims
of creditors.
Settlement of disputes.—Disputes are determined by the industrial board,
with appeal to courts on questions of law.
ANALYSIS OP LAWS— IOWA
25
IOWA
Date of enactment.—April 18, 1913: in effect July 1, 1914. Amended 1917,
chapters 188, 270. 836, 409, 418: 1919, chapter 220; 1923. chapters 17, 206; 1924,
(codification) ; 1925, chapter 162.
Injuries compensated.—All personal injuries arising out of and in the course
of the employment causing disability for more than two weeks, or death, except
when caused 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 and domestic service, in
absence of contrary election by employer. Compulsory as to the State and its
municipalities.
Persons compensated.—Private employment: All employees in industries cov
ered in absence of contrary election, except clerks not subjected to the hazards
of the industry and casual employees, or those not employed for the purpose of
the employer's trade or business. Public employment: All except officials, and
policemen, and firemen entitled to benefits from pension funds.
Compensation for death:
(a) Reasonable expenses of the employee's last sickness and burial, not to
exceed $150: if no dependents, $250.
(b) To persons wlioily dependent, a weekly payment equal to 60 per cent
of the wages of the deceased employee, but not more than $15 nor
less than $6 per week or full wages, if less, for 300 weeks.
(c) If only partial dependents survive, such a proportion of the above as
the amounts contributed by the employee to such partial dependents
bear to his annual earnings.
(d) If the employee was a minor whose earnings were received by the
parent, n sum to the parent equal to two-thirds of the amount pro
vided for persons wholly dependent.
If the spouse dies during the compensation period, the unpaid balance
goes to other dependents, if any; if she remarries, and there are no
dependent children, payments cease.
Nonresident aliens receive one-half benefits.
Compensation for disability:
(а) Reasonable surgical, medical, and hospital services and supplies for
first four weeks, not exceeding $100 and $100 additional in excep
tional cases.
( б) For temporary total disability, 60 per cent of wages, not more than $15
nor less than $6 (unless wages are less than $6. then full wages),
for not more than 300 weeks.
(c) For permanent total disability, the same compensation as for tem
porary disability, to be paid for a period of not more than 400 weeks.
(d) For permanent partial disability (specified maimings), 60 per cent of
average weekly wages for fixed periods, beginning with the date of
injury. Payments under (b) and (c) for the fifth, sixth, and seventh
weeks are 100 per cent of the weekly earnings, if the disability con
tinues during these periods, respectively.
Lump-sum payments may be substituted in any case where the term
can he determined, on approval of the industrial commissioner and
an order by the court.
Revision of benefits.—Payments may be reviewed by the. industrial commis
sioner at the request of either party.
Insurance.—Employers must insure in approved companies or mutual asso
ciations, or furnish satisfactory proof of financial ability to make payments, or
deposit security with the State insurance department; or they may maintain
approved substitute schemes, provided there is no diminution of benefits.
Security of payments.—In case of insolvency of the insurer a claim for com
pensation becomes a first lieu, and in case of legal incapacity of insured to
receive the amount due. the insurer must settle directly with the beneficiary.
Payments are exempt from garnishment, attachment, or execution.
Settlement of disputes.—Disputes may be settled by committees of arbitra
tion, with the industrial commissioner as chairman; limited appeal to courts.
26
W O RK M E N ’S COMPENSATION LAWS— UNITED STATES
KANSAS
Date of enactment.—March 14, 1911; in effect January 1, 1912. Amended
1913, chapter 216; 1917, chapter 26; 1919, chapter 222.
Injuries compensated.—Injuries by accident arising out of and in the
course of employment, 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 one
week, or death.
Industries covered.—Railways, factories, quarries, electrical, building or
engineering work, laundries, natural-gas plants, county and municipal work,
employments requiring the use of dangerous, explosive, or inflammable mate
rials, if employing five or more persons; and mines, without reference to the
number of employees, all in absence of contrary election; employers in other
industries and those employing less than five persons may also elect.
Persons compensated.—Private employment: All employees, including appren
tices, but excluding those employed otherwise than for the purpose of the
employer’s business. Public employment; Workmen on county and municipal
work.
Compensation for death:
(«) To persons wholly dependent, a sum equal to three years’ earnings of
the deceased employee, not less than $1,400 nor more than $3,800.
For nonresident alien beneficiaries (except in Canada) the maximum
is $750.
( 6) If only partial dependents survive, a sum proportionate to the injury
to such dependents.
(c) If no dependents are left, a reasonable expense for burial, not exceed
ing $150.
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.
Compensation for disability:
(a) On demand, medical, surgical, and hospital treatment, not over $150
in value, for not more than 50 days.
(b) For total incapacity, payments during incapacity after the first week,
equal to 60 per cent of earnings, but not less than $6 nor more than
$15 per week.
(c) For partial incapacity, 60 per cent of wagq loss during incapacity,
after the first week. Lump sums equal to 50 per cent of the wages
for specified periods are to be paid for designated injuries, in lieu of
all other compensation, not less than $6 nor more than $12 per week.
No payments for total or partial disability shall extend over more than
eight years.
After six months, lump-sum payments may be substituted at the
employer’s option, the sum to be agreed upon or determined by the
court; or the workman may apply for a lump-sum settlement at any
time.
Revision of benefits.—Any award may be modified at any time by agreement,
or either party may demand a revision.
Insurance.—The employer may insure in any approved insurance scheme
which provides 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. Claims and awards are not assignable or
subject to execution, etc.
Settlement of disputes.—Disputes not settled by agreement may be referred
to arbitrators, subject to an appeal to courts.
ANALYSIS OP LAWS— KENTUCKY
27
KENTUCKY
Date of enactment.—March 23, 1916; in effect August 1, 1916. Amended 1918,
chapter 176; 1920, chapter 37; 1922, chapter, 50; 1924, chapter 70; 1920,
chapter 193.
Injuries compensated.—Personal injuries by accident arising out of and in
course of employment, including injuries due to inhalation of mine gas, or smoke
or any kind of gas, causing incapacity for more than seven days, or death
within two years, not self-inflicted, or due to intoxication or willful miscon
duct. Results of preexisting diseases are not included.
industries cow red.—All except domestic service and farm labor where three
or more persons are employed; excepted industries may become subject to the
acr by joint application by employers and employees. Operators of grain and
seed threshers or hullers are included.
Pcrsom compensated.—Private employment: All employees in establishments
coming under the act, if the employees elect. Public employment: All employees
of municipalities coming under the act, if the employees elect.
Compensation for death:
(a) Reasonable burial expenses, not to exceed $75.
(b) To persons wholly dependent, 65 per cent of the average weekly earn
ings, not more than $12 nor less than $5 per week, for 335 weeks, the
total not to exceed $4,000.
(c) If only partial dependents survive, a proportion of the amount for
total dependency, determined by the degree of dependence.
(d) If no dependents. $100, payable to the personal representative.
Payments to a widow or widower cease on remarriage and to a child
on reaching the age of 16, unless incapacitated for wage earning.
Payments thus terminated go to other beneficiaries, if any.
Compensation for disability:
(a) Medical, surgical, and hospital aid for 90 days, unless another period
is fixed by the board, the cost not to exceed $100; board may in
crease to $200.
(b) For total disability, 65 per cent of average weekly wages, not more
than $15 nor less than $5, for eight years, total not to exceed $6,000.
(c) For partial disability, 65 per cent of the weekly wage loss, not to ex
ceed $15, for not more than 335 weeks, total not to exceed $4,000.
Compensation periods are fixed for special injuries, in lieu of other
payments.
Lump-sum awards may be made after six months if approved by 1lie
board.
Revision of benefits.—Review may be had on the request of either party or
on the motion of the board, changing or revoking any previous order.
Insurance.—Employers accepting the act must insure in a stock or mutual
company or the State Employees’ Insurance Association, or give proof of finan
cial ability to pay compensation direct.
Security of payments.—Insurance policies must provide for direct liability
to the beneficiaries. Self-insurers must furnish bond or other security. Bene
fits have the same priority as wage debts and are not subject to assignment
or attachment.
Settlement of disputes.—Disputes are settled by the workmen’s compensation
board, or a member thereof, or a referee appointed by it; limited appeal to
courts.
1965°—26------8
28
W O BK M E N ’S COMPENSATION LAWS— UNITED STATES
LOUISIANA
Date of enactment.—June 18, 1914; in effect January 1, 1915. Amended,
1910, No. 248; 1918, Nos. 38. 39; 1920. Nos. 234, 244, 247; 1922, No. 43; 1924,
Nc«. 21. 216; 1926, No. 85.
Injuries compensated.—Personal injury by accident arising out of and in
course of employment causing disability for more than one week, or death
within one year, and not due to willful intention to injure, to intoxication, to
deliberate failure to use safeguards, or to deliberate breach of safety laws.
Industries covered.—Hazardous trades, businesses, or occupations in absence
of coutrary election; extensive list, and others may be so adjudged or brought
within the act by voluntary agreement. Compulsory as to employees of the
State and its municipalities and public boards.
Persons compensated.—Private employment: Every person performing serv
ices arising out of and incidental to his employer’s trade, business, or occupa
tion, if the same is within the act. Public employment: Every person in the
service of the State, etc., except officials.
Compensation for death:
(a) .$100 expenses of burial and not over $50 contingent expenses.
(b) To widow or dependent widower alone, 32% per cent of weekly wages.
4614 per cent if 1 child, and 65 per cent if 2 or more. If 1 child
alone, 32% per cent, 46Vi per cent for 2, and 65 per cent if 2 or
more. For 1 dependent parent, 32% per cent: for 2, 65 per cent:
if 1 brother or sister, 32% per cent and 11 per cent additional for
each other. The total in no case may exceed 65 per cent of the
weekly wages, $3 or full wages minimum payment, $20 maximum, for
not over 300 weeks. Payment to any beneficiary ceases on death or
marriage, to children on reaching the age of 18, unless mentally or
physically incapacitated.
Compensation for disability:
(a) Reasonable medicnl, surgical, and hospital services, not to exceed
$250 in value.
(b) For total disability, 65 per cent of the weekly wages, $20 maximum,
$3 minimum, unless the wages are less than $3, then full wages,
for not more than 400 weeks.
( c ) For partial disability, 65 per cent of the wage loss, for not more than
300 weeks.
(d) Fixed schedule for specified injuries, for periods from 10 to 200
weeks, in lieu of other payments. Payments in any case may be
commuted to a lump sum on agreement of the parties and approved
by the courts.
Revision of benefits.—-Judgments may be modified at any time by agree
ment of the parties and approval by the courts; or after six months they may
be reviewed by the court on application of either party.
Insurance.—Employees under the act must insure, give bond, or qualify as
self-insurers.
Security of payments.—Policy of insurance must give claimants right to
direct payment regardless of the default or bankruptcy of the employer. Com
pensation payments have the same preference as wage debts.
Settlement of dispute*.—Disputes are settled by judges of the courts in
simple, summary procedure.
ANALYSIS OP LAWS— MAINE
29
MAINE
Date of enactment.—April 1, 1915; in effect January 1, 1916. Reenacted
April 4, 1919: amended 1921, chapter 222; 1925, chapter 201.
Injuries compensated.—Injuries arising out of and in course of employment,
causing disability for more than 7 days, or death, not due to willful intention to
injure himself or another, and not due to intoxication unless fact or habit of
intoxication was known or cognizable to employer.
industries covered.—All except agricultural and domestic labor, logging, and
seamen in interstate or foreign commerce in which more than live persons are
employed, if employer i ieets. Abrogation of defenses does not affect cutting,
hauling, driving, or rafting of logs.
Persons compensated.—Private employment: All* persons in industries cov
ered, employees whose work is casual or not in the usual course of the em
ployer’s business excepted. Public employment: Employees of the State, cities,
and counties, and of towns accepting the provisions of the act, other than
officials; but cities and towns may continue injured firemen on the pay roll
at full pay, in lieu of compensation.
Compensation■for death:
{a) To persons wholly dependent. 00% per cent of weekly wages for 300
weeks, $6 minimum, $J8 maximum, not over $4,000 in all.
( 6) If only partial dependents survive, amounts proportionate to the re
lation of the contribution paid by deceased, and his average wage,
for 300 weeks.
(c) If no dependents, not above $200 expenses of last sickness and burial.
Payments to children cease at age of 18 unless mentally or physically
incapacitated for earning a living.
Alien dependents residing outside the United States or Canada re
ceive one-half benefits.
Compensation for disability:
(а) Reasonable medical and hospital service during first 30 days of dis
ability, not over $100 in value, unless by agreement or order of
commission a longer period or larger amount is provided for.
( б) For total disability, 66% per cent of the wages for not more than 500
weeks, $6 minimum, $18 maximum, total not to exceed $4,200.
(c) For partial disability, 66% per cent of the weekly wage loss, not over
$18, for not more than 300 weeks. For specified injuries causing
permanent partial disability, 66% per cent of the wages for various
fixed periods, then compensation on basis of wage loss, if any, for
not more than 300 weeks in all.
Lump-sum payments may be approved by the commission after weekly
payments for not less than six months.
Revision of benefits.—Agreements or awards may be reviewed at the instance
of either party at any time within two years.
Insurance.—Insurance in approved companies is required unless the em
ployer gives satisfactory proof of solvency and makes deposit or bond to se
cure payments.
Security of payments.—Claims have same preference over unsecured debts
as do wages for labor.
Settlement of disputes.—Disputes are to be settled by the industrial accident
commission, with appeal to courts on questions of law.
30
W O RK M E N ’S COMPENSATION LAWS— UNITED STATES
MARYLAND
Date of enactment.—April 10, 1914; in effect Nov. 1, 1914. Amended 1910,
chapters 80, 368, 379, 597, 713; extra session, 1917, chapter 6 ; 1920, chapter
456; 1922, chapters 303, 321, 359; 1924, chapters 217, 332, 341, 364, 583.
Injuries compensated.—Accidental personal injury arising out of and in
course of employment, not due to willful intention or intoxication, and causing
disfigurement, disability for more than three days, or death within two years.
Industries covered.—Extra hazardous (enumerated* list) ; others by joint
election of employers and employees, including farm and domestic labor.
Persons compensated.—Private employment: All in industries covered except
casual employees. Public employment: Workmen employed for wages in extra
hazardous work, unless the municipality makes other equal or better provision,
and officers and enlisted men of State militia.
Compensation for death:
(a) Funeral expenses, not over $125.
(b) To persons wholly dependent, 66% per cent of the weekly wages, not
over $18 nor less than $8 per week unless the wages were less, for
eight years; not more than $5,000 nor less than $1,000.
(c) To persons partly dependent. (>(>% per cent of the weekly wages, not
over $18 per week, for such portion of eight years as the com mission
may fix, the amount not to exceed $3,000.
(d) If no dependents, funeral expenses not over $125, unless there is
sufficient estate to defray same.
(e) Widow on remarriage receives one year’s benefits if outstanding; pay
ments to children cease on reaching the age of 16 years, unless
incapacitated.
Compensation for disability:
(a) Medical, surgical, etc., expenses, not above $500 in value.
(b) For total disability, 66% per cent of weekly wages, $8 minimum, $18
maximum, during its continuance, total not to exceed $5,000. If
wages are less than $8, full wages will be paid.
(e) For temporary partial disability, 50 per cent of weekly wage loss, $18
maximum, total not. over $3,500; for specified maimings, 66% per
cent of the weekly wages, in addition to other payments, for specific
periods, $8 minimum, $18 maximum, total not over $3,750; other
permanent injuries, 50 per cent of wage loss, total not over $3.()00.
Where the injured employee is a learner, with prospect of increase in
wages, this fact may be considered in fixing awards.
Payments may, in the discretion of the commission, be made in part
or in whole in lump sums.
Revision of benefits.—The commission may modify its findings and orders
at any time for justifiable cause.
Insurance.—Insurance in State fund, stock or mutual company, or proof of
financial ability is required.
Security of payments.—Policies must permit action by commission to secure
payments to person entitled. Payments may not be assigned, nor are they
subject to execution or attachment.
Settlement of disputes.—Disputes are to be settled by the industrial accident
commission, with appeal to courts.
ANALYSIS OF LAWS— MASSACHUSETTS
31
MASSACHUSETTS
Date of enactment.—July 28, 1911; In effect, July 1, 1912. Amended, 1912,
chapter 571; 1913, chapters 48, 448, 5(58, 096, 740; 1911, chapters 338, 708; 1915,
chapters 123, 275, 314; 1916, chapters 72, 90; 1917, chapters 198, 249, 269; 1918,
chapters 113, 119; 1919, chapters 197, 198, 204, 205, 226. 272, 299; 1920, chapters
223, 324; 1921, chapter 310; 1922, chapters 368, 402, 537; 1923, chapters 125,
139, 163; 1924, chapters 207, 434; 1925, chapter 267; 1926, chapter 190.
Injuries compensated.— Injuries, including diseases, arising out of and in the
course of employment causing incapacity for 7 days, or death, unless the injury
is due to the serious and willful misconduct of the injured employee.
Industries covered.—All industries except farm labor and domestic service.
Exempted employments may come under the act if the employer so elects.
Persons compensated.—Private employment: All employees, except masters of
vessels and seamen, engaged in interstate or foreign commerce and employees
whose work is not in the usual course of the employer's business, where the
employer is an insurer under this act. Public employment: The State shall,
4iid any county, city, town, or district having power of taxation and accepting
the act may. compensate its laborers, workmen, and mechanics.
Compensation for death:
(a) The reasonable expense of burial, not exceeding $150. If dependents
survive, this sum shall be deducted from the compensation payable.
(ft) To a widow alone, $10 weekly for not more than 400 weeks; $12 if one
child, $14 if two children, and $16 if more than two.
(c) To other persons wholly dependent, a weekly payment equal to twothirds the average weekly wages of the deceased employee, but not
less than $4 nor more than $10, for a period of 500 weeks.
(d) If only partial dependents survive, a sum proportionate to the portion
of earnings contributed to their support by the deceased employee.
Children cease to be dependents at 18 (16 if living apart from parent
legally bound to render support), unless mentally or physically in
capacitated from earning a living. In no case may the total payment
exceed $1,000.
If no dependents, $100 to second injury fund.
Compensation for disability:
(a) Reasonable medical and hospital services, and medicines as needed,
for the first two weeks after injury, and in unusual cases for a
longer period, in the discretion of the board.
(b) For total disability, a sum equal to two-thirds the average weekly
wages, but not less than $7 nor more than $16 per week, not exceed
ing 500 weeks, nor $4,000 in amount.
(c) For partial disability, two-thirds the wage loss, but not to exceed $16
per week, nor $4,000 in amount.
(d) In specified injuries (mutilations, etc.), two-thirds the weekly wages,
not exceeding $10 nor less than $4 per week, for fixed periods, in
addition to other compensation.
Lump-sum payments may be substituted in whole or part, after pay
ments 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.
Insurance.—Employers under the act must subscribe to the State employees’
insurance association or insure in some authorized company.
Security of payments.—Payments are not subject to assignment, attachment,
or execution.
Settlement of disputes.—Disputes* are decided primarily by a member of the
industrial accident board, whose decision is subject to review by the board,
with limited appeal to the courts.
32
W O R K M E N S COMPENSATION LAWS— UNITED STATES
MICHIGAN
Date of enactment.—March 21). Ml 2: in effect September 1, 1912. Amended
1933. Nos. 50, 79, 150. 259; 1915, Nos. 104. 153, 170, 171; 1917, Nos. 41. 200,
235, 249; 1919, Nos. 04. 110; 1921, Nos. 00, 173, 180.
Injuries compensated.—Injuries causing incapacity to earn full wages for a
period of one week, 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 having one or more persons in service
under contract of hire if the employer elects.
Persons compensated.—Private employment: All employees, including aliens
and minors legally permitted to work. Public employment: All employees ex
cept officials of the State or of a municipality.
Compensation for death:
(a) The reasonable expense of the last sickness and burial, not exceeding
$200 in addition to any medical services.
(&) To persons wholly dependent, a weekly payment equal to 00 per cent
of the deceased workman's average weekly wages, but not less than
$7 nor more than $34 per week for a period of 300 weeks.
(c) If only partial dependents survive, such proportion of the above as the
amount of previous contributions hears to such earnings.
Payments to children cease at 10, unless mentally or physically
incapacitated from earning.
Compensation for disability:
(a) Reasonable medical and hospital services for the lirst 90 days after
injury.
(b) For total incapacity, a weekly payment equal to GO per cent of the
earnings, but not less than $7 nor more than $14 per week, nor for
a period longer than 500 weeks from the date of the injury, and
not exceeding $7,000.
(c) For partial incapacity, a weekly payment equal to 00 per cent of the
wage loss, but not more than $34 per week, and for not longer
than 500 weeks.
(d) For certain specified injuries (mutilations, etc.), GO per cent <>f the
average weekly earnings for fixed periods, in lieu of other payments.
Payments begin with the eighth day after the iujury, but if the
disability continues for six weeks or longer, compensation is com
puted from the date of injury.
After six months lump sums may be substituted for weekly payments.
Revision of benefits.—Weekly payments may be reviewed by the industrial
accident board at the request of either party.
Insurance.—Employer must furnish proof 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 be
come a member of a State insurance fund administered by the State com
missioner of insurance.
Security of 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.
Settlement of disputes.—Either party may request the industrial accident
board to appoint a committee of arbitration, whose decisions are subject to
review by the board. The supreme court may review questions of law.
ANALYSIS OF LAWS— MINNESOTA
33
MINNESOTA
Date of enactment.—April 24, 1913; revised March 15, 1921; in effect Jane
1, 1921. Amended 1928, chapters 91, 279, 282, 300, 408; 1925, chapters 161, 175,
219.
Injuries compensated.—Occupational diseases (list), and accidents arising
out of and in course of employment causing disability for more than one week
or death, unless intentionally caused, or due to the intoxication of the injured
person.
Industries covered.—All, including commercial threshermen and balers, ex
cept common carriers by steam railroad and farm and domestic service, in
the absence of contrary election by employers; farmers may elect.
Persons compensated.—Private employment: All employees, in the absence
of contrary elect ion, except those whose work is casual and not in the usual
course of the employer's business. Public employment: Included, except per
sons elected or appointed for regular terms.
Compensation for death:
{a) One hundred and fifty dollars funeral expenses.
(b) To a widow alone, 40 per cent of monthly wages of deceased, increas
ing to 66% per cent if three or more children; to a dependent hus
band alone, 30 per cent; to a dependent orphan. 45 per cent, with
10 per cent additional for each additional orphan, with a maximum
of 66% per cent; if none of the above, 35 per cent to one parent
and 45 per cent if both survive; if none of the foregoing, to other
relatives wholly dependent, if but one, 30 per cent, or if more than
one, 35 per cent, divided equally.
Widow on remarriage receives lump sum not to exceed two years*
benefits if no children under 18: otherwise sum goes to child or
children.
(c) If only partial dependents survive, that proportion of benefits pro
vided for actual dependents which contributions bore to wages.
(<J) When no dependents survive, expenses of last sickness and burial,
and $200 into second iujury fund.
Maximum weekly payment $20, minimum $8, unless wages are less,
then full wages.
Payments continue not over 300 weeks except to widow or child; to
child, cease at 18 unless incapacitated; to others, cease on death
or marriage; maximum in any case. $7,500.
Compensation for disability:
(а) Reasonable medical and surgical treatment, not exceeding 90 days
unless further treatment is ordered on request of employee.
( б) For temporary total disability, 66% per cent of wages for not over
300 weeks.
(o) For permanent total disability, 66% per cent of wages, not over
$10,000.
id) For temporary partial disability, 66% per cent of wage loss, not over
300 weeks.
(c) For specified permanent partial disabilities, 66% per cent of wages
for fixed periods, in addition to other payments, maximum of 400
weeks; for other permanent partial disabilities, not over 300 weeks.
Payments for disability may not be more than $20 mu- less than $8,
unless wages were less, then full wages.
Lump sums may be substituted for periodical payments on consent
of the industrial commission.
Revision of benefits.—No provision. Beneficiaries dissatisfied with the ter
mination of payments may secure a hearing on the subject of continuance.
Insurance.—Required in some authorized company unless exempted on a
showing of financial ability.
Security of payments.—Insured workmen have equitable Hen on any policy
coming due. Payments are made directly to claimants in case of employer’s
incapacity. Claims have same preference as unpaid wages.
Settlement of disputes.—By industrial commission, appeal to supreme court
on questions of law.
34
WORKMEN ’S COMPENSATION LAWS— XJNITKD STATES
MISSOURI
Date of enact mint.—April 30, 1025. Effective: November Hi. 1l>2<1. [De
ferred by referendum.]
Injuries compensated.—injuries by accident arising out of and in the course
of employment causing disability for more than 3 days, or death witliin .‘*00
weeks, unless due to employee's intentional self-inflicted injury.
Industries covered.—All where employer has 10 or more employees, or less
than 10 if declared hazardous, except farm labor and domestic servants, pro
vided employer fails to reject. Employers not included may elect to accept act.
Persons compensated — Private employment. All employees in industries
covered, except rhore earning over $3,600 per annum, casual employees and
outworkers. Public employment: Only if act is adopted by law or ordinance.
Compensation for death:
(a) Burial expenses not to exceed $150, and if not. otherwise covered,
$250 for expenses of last sickness.
(b) To total dependents, two-thirds of average annual earnings multiplied
by 300, in weekly installments, less any disability paymeuts.
(c) To partial dependents on above basis, in proportion to decedent's
contributions, but only when there are no total dependents.
The maximum weekly payment is $20 and minimum $6.
Payments to children cease at 18, unless physically or mentally
incapacitated.
Compensation for disability:
(a) Such medical, surgical, and hospital, etc., treatment as may be rea
sonably required for first 60 days, not exceeding $250 in value,
unless extended by commission.
(b) For temporary total disability, two-thirds of wages for not over 400
weeks; if permanent, at same rate for 300 weeks, then 25 i>er cent
of earnings for life.
(c) For temporary partial disability, two-thirds of wage loss, for not over
100 weeks.
(d) For lKU-manent partial disability, two-thirds of wages for periods fixed
by commission, but not in excess of 400 weeks: for certain specific
injuries (mutilations, etc.), two-thirds of wages for fixed period,
in lieu of all other compensations; for disfigurements in an amount
not to exceed $1,000.
(e) Except where otherwise limited the maximum weekly payment is $20
per week and the minimum $6.
The commission may commute the compensation to payment by a lump
sum.
Revision of benefits.—Readjustment of compensation may be made by the
commission on its own motion or on application.
Insurance.—An employer under the act must insure his liability for compen
sation in an authorized insurance company or furnish proof of ability to carry
own liability.
Security of payments.—Compensation is not assignable, and is exempt from
attachment, garnishment, and execution, and from set-off or counterclaim,
or any liability for any debt, except approved attorneys* fees, and is entitled
to the same preference as claims for wages without limit as to time or amount.
Settlement of disputes.—Disputes are decided primarily by the Missouri
Workmen’s Compensation Commission, with right of appeal to the circuit court
on questions of law.
ANALYSIS OF LAWS— MONTANA
35
MONTANA
Date of enactment.—March 8. 19J5: in effect July 1, 1915. Amended 1919,
chapters 95, 100; 1921, chapters 196, 254; 1925, chapters 117, 121.
Injuries compensated.— Injuries arising out of and in course of employment,
resulting from spme fortuitous event, causing death, or disability for more than
two weeks.
Industries covered.—“All inherently hazardous works and occupations/* in
which employers elect, including manufactures, construction work, transporta
tion, and repair of the means thereof, but not including agricultural or
domestic labor; compulsory as to public employment.
Persons compensated.—Private employment: All persons other than inde
pendent contractors, employed in the industries covered, whether as manual
laborers or otherwise, except casual employees whose work is not in the usual
course of the employer’s business. Public employment: All employees in the
iiK11istries covered.
Compensation for death:
(a ) One hundred and fifty dollars for funeral expenses if death occurs
within six months of injury.
(&) To beneficiaries (widow, widower, child or children under 18, or invalid
child above 18), or to major dependents (father or mother) if no
beneficiaries, 50 per cent of wages of deceased; if none of above, to
minor dependents (brothers or sisters under 18), 30 per cent. Non
resident aliens other than beneficiaries receive nothing unless other
wise provided by treaty, and beneficiaries but 40 per cent of a normal
benefit if nonresident at the lime of the injury (sec. 2915; 50 per cent
in sec. 2894). unless treaty contravenes; nothing if law of alien’s
country would bar citizens of United States from benefits. Term
of payments may not exceed 400 weeks. $15 maximum, $7 minimum;
if wages less than $7. then full wages. Payments cease on remar
riage of widow or widower, or when child, brother, or sister reaches
the age of 18. unless an invalid.
Compensation for disability:
(a) Medical and hospital services during first six months after happening
of injury, nor over $500 in value, unless there is a hospital contract;
special operating fee of $50 for hernia.
(b) For temporary total disability, 50 per cent of wages during disability,
$15 maximum, $7 minimum, unless wages are less than $7, when
full wages will be paid, for not more than 300 weeks.
(c) For permanent total disability, same scale as above for 500 weeks.
(d) For partial disability. 50 per cent of the wage loss, not over $7.50 per
week, nor 75 per cent of the compensation provided for loss of the
injured member; payments to continue not more than 150 weeks for
;>crmanent cases, and 50 weeks if temporary.
(e) For specified maimings, 50 per cent of wages but not more than $15
per week nor less than $7 per week unless wages are less, then full
wages, in lieu of all other compensation.
Periodical payments may be converted in whole or in part to lump
sums.
Revision of benefits.—Decisions and awards may be rescinded or amended at
any time by the industrial accident board for good cause.
Insurance.—The employer may carry his own risk on a showing of financial
ability; security may be required for probable liabilities and must be given when
a continuing payment is ascertained. Insurance may be carried in any com
pany authorized to do business in the State, or the employer may contribute
to a State fund.
Security of payments.—In case of bankruptcy, etc., liabilities under this act
are a first lien upon any deposit made by an employer, and if this is not suffi
cient, then on any property of the employer or insurer within the State, and
shall be prorated with other lienable claims.
Settlement of disputes.—By industrial accident board, with limited appeal to
courts.
36
WORKMEN’S COMPENSATION LAWS----UNITED STATES
NEBRASKA
Date of enactment.—April 21, 1913: in effect December 1, 1914. [Deferred
by referendum.] Amended 1917, chapter 85; 1919, chapter 91; 192.1, chapter
122.
Injuries compensated.—Injury causing disability for more than seven 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 one or more persons are employed
by the employer in the regular trade, business, or occupation of the employer,
except domestic 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, except those
whose work is but casual and not in the usual course of the employer’s business,
and outworkers. Public employment: All persons employed by the State,
or any governmental agency created by it, not elected or appointed for a
regular term.
Compensation for death:
(a) In addition to any other benefits, a reasonable amount not exceeding
$150 to cover expenses of last sickness and burial.
(ft) To persons wholly dependent, 66% per cent of the employee’s wages,
but not less than $6 or full wages nor more than $15 per week,
during dependency, but not exceeding 350 weeks. •
(c) If only partial dependents survive, a proportion of the above corres
ponding 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 18 years,
unless they are physically or mentally incapacitated from earning.
Compensation for disability:
(a) Medical and hospital services as and when needed.
(b) For total disability,
per cent of the weekly wages, but not, move
than $15 nor less than $6 per week or full wages, for 300 weeks;
thereafter, for life or while disability last 45 per cent of such wages,
but not. more than $12 nor less than $4.50 per week unless wages are
less, then full wages.
(c) For partial disability, G6% per cent of loss of earning capacity, but
not exceeding $15 per week nor exceeding 800 weeks.
(<?) For certain specified injuries (mutilations, etc.), 66% per cent: of
wages for fixed periods in addition to other benefits, $15 maximum,
$6 minimum, unless wages are less, then wages.
Payments begin with the eighth day, but: if disability continues six
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, with the approval of
the compensation commissioner, or after six months by application of either
party to a court.
Insurance.—An employer under the act must insure his liability for compensation in an authorized stock or mutual insurance company, or furnish
proof of financial ability to make payments.
Security of payments.—Insurance policies must inure directly to the benefit
of beneficiaries and be enforceable in an action by them.
Compensation rights and awards have the same preference against the assets
of the employer as unpaid wages for labor.
Settlement of disputes.—All disputed claims must be submitted to the com
pensation commissioner, from whose award either party may appeal to the
district court of the county, the case to be heard and determined as a cause in
equity, with the right of further appeal to the supreme court
ANALYSTS OF LAWS---- NEVADA
37
NEVADA
Date of enactment—March 24, 1911. in effect July 1, 1911. New act, March
15, 1913; in effect July 1, 1913. Amended 1915, chapter 190; 1917. chapter 233;
1919, chapter 176; 1921. chapters 161, 218; 1923, chapter 106: 1925, chapters
61, 114, 168.
Injuries compensated.—Injuries arising out of and in the course of employ
ment, causing incapacity to earn full wages for more than seven days or
death, except when caused by the employee’s willful intent or intoxication.
Industries covered.—All except domestic and farm labor, provided the em
ployer elects; compulsory as to the State and its municipalities.
Persons compensated.—Private employment: All employees in the industries
covered, including aliens and minors, whether lawfully or unlawfully employed,
but excluding employees whose work Is both casual and not in the usual course
of the employer’s business. Public employment: All employees.
Compensation for death:
(а) Burial expenses not to exceed $150.
( б) To widow or dependent widower, 30 per cent of the average monthly
wages, with 15 per cent additional for each child under 18 years of
age. If only children survive, 15 per cent for each child; the total
in either case not to exceed 66% per cent. If there are none of the
foregoing, one dependent parent may receive 25 per cent, and two
35 per cent: if dependeut brothers or sisters under 18, 20 per cent
for one, and 30 per cent if more than one. Other cases of depend
ency are to be dealt with according to the facts.
Payments to a widow or dependent widower cease on remarriage;
widow receives two years' benefits in a lump sum. Payments to chil
dren cease at 18, unless incapable of self-support.
Payments to nonresident alien beneficiaries, 60 per cent of above.
No excess of wages above $120 per month shall be considered.
No lump-sum settlements are allowed iu case the widow'. dej;K>ndent
children, or other persons are wholly dependent.
Compensation for disability:
(a) Reasonable medical, surgical, and hospital aid for six mouths; may
be extended an additional year by the industrial commission; em
ployer may deduct one-half the cost of an “ accident benefit fund,”
not more than $1 per mouth, from each employee’s wages.
(ft) For temporary total disability, an amount equal to 60 per coat of the
average monthly wages, but not lass than $30 nor more than $<2
for not over 100 months, with $10 per month additional if injured
person had dependents, total amount not to exceed $7,200.
(c) For permanent total disability, CO per cent of the average monthly
wage, not less than $30 nor more than $60, payable during life; $30
additional if services of a constant attendant are required.
(d) For temporary partial disability, 60 per cent of the loss of earning
capacity, but not more than $40 per mouth for not more than 60
months, wages in excess of $120 per month not to be considered.
{e) For certain specific injuries (mutilations, etc.), a monthly payment
equal to one-half the monthly wages, not less than $30 nor more
than $60, for fixed periods, in addition to other payments.
No compensation is payable for the first week of disability, but if it
continues one week beyond the first seven days or longer compensa
tion is paid from the date of the injury.
The industrial commission may permit the substitution of lump sums
for monthly payments in an amount not exceeding $5,000.
Revision of benefits.—Readjustment of compensation may be made by the
commission on application therefor.
Insurance.—Employers coming under this act must insure in the State insur
ance fund.
Security of payments.—State management of the insurance fund and col
lection of premiums by the State. Payments are not assignable and are ex
empt from attachment, etc.
Settlement of disputes.—All matters relating to the amount of compensa
tion to be paid are determined by the industrial commission.
38
W O RK M E N ’ S COMPENSATION LAWS— UNITED STATES
NEW HAMPSHIRE
Date of enactment.—April 15, 1011; in effect January 1, 1012. Amended
1023, chapter 01.
Injuries compensated.—Any injury to an employee arising out of and in tlie
course of employment causing disability of over one week, or death, unless due
to willful misconduct, intoxication, or violation of law.
Industries covered.—Industries dangerous to life or limb (enumerated list)*
including the operation and maintenance of steam and electric railroads, work
in shops, mills, factories, etc., employing live or more persons; work about lines
or cables charged with electricity; operations 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 employments covered by this law. Public employment; Government em
ployees are not mentioned.
Compensation for death:
(a) To persons wholly dependent, a sum equal to 150 t«mes the average
weekly earnings of the deceased, not to exceed $3,000.
(b) If only partial dependents survive, such proportion of the above com
pensation 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.
Compensation for disability:
(a) Reasonable medical and hospital services during the first 14 days after
injury.
(b) For total disability, a sum not exceeding 50 per cent of average weekly
earnings.
(e) 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 $15 a week nor run for a longer
period than 300 weeks.
The court may determine the amount of lump sums payable as a substi
tute 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.
Insuranee.—No provision.
Security of 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 the act.
Weekly payments have the same preferential claims against the assets of the
employer as is allowed for unpaid wages or personal services.
Settlement of disputes.—All questions not settled by agreement are deter
mined by an action in equity.
ANALYSIS OP LAWS— NEW JERSEY
39
NEW JERSEY
Date of enactment.—April 4, 1911; in effect July 1, 1911. Amended 1913,
chapter 174; 1914, chapter 244; 1919, chapter 93; 1921, chapters 85, 230; 1922,
chapter 245; 1923, chapter 49; 1924, chapters 124, 159; 1925, chapter 163; 1920,
chapter 31.
Injuries compensated.—Injury l>y accident arising out* of and in the course
of employment causing disability of over 7 days, or death, unless intentionally
self-inflicted or due to intoxication, and designated occupational diseases.
Industries covered.—All employments in the absence of contrary election.
Persons compensated.—Private employment: All employees exeept casual.
Public employment: Every employee of the Slate, municipality, etc., except
persons receiving a salary greater than $1,200 per year, and those holding an
elective office.
Compensation for death:
{a) The expense of the last sickness not exceeding $100. and not exceed$150 for burial.
(b) 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 (50 per cent, payable for not more than 300 weeks
except, to dependents under 10, to whom payments continue. Com
pensation not to be less than $8 or full wages, nor more than $17
per week.
Payments to all dependents cease at death, to widows on remarriage,
and to orphans on reaching the age of 16.
A lump-sum payment may be substituted at the discretion of the
court of common pleas.
Compensation for disability:
(a) Medical, surgical as necessary, and hospital services, not exceeding
$100 in value, which may be extended on application to bureau.
(b) For temporary disability 66% per cent of wages, payable during
disability, but not beyond 300 weeks.
(c) For permanent total disability, 66% per cent of wages during such
disability, not beyond 400 weeks.
(d) For certain specific injuries (mutilations, etc.) producing partial
but permanent disabilities, 66% per cent of wages during fixed pe
riods. in addition to payments for any period of total disability.
Compensation is paid from the date of the injury if disability lasts
more than 7 weeks.
All weekly payments are subject to a minimum of $8 per week or full
wages if less, and a maximum of $17 per week.
A lump-sum payment may be substituted at the discretion of the
workmen's compensation bureau.
Revision of benefits.—At any time after one year from the time an award is
made either party may demand a revision of benefits on the ground of change
of condition.
Insurance.—No provision in the principal act. Supplemental acts (ch. 178
and ch. 262, acts of 1917) require every employer, whether accepting the
compensation act or not, to furnish proof of ability to carry his own in
surance, or to be insured in an authorized company; the insurance provision
does not apply to farm laborers or domestic service.
Security of payments.—Insurance policies must be for the benefit of the
employees, and be directly available on suits by them for their enforcement.
The right of compensation has the same preference against the assets of the
employer as is now or may hereafter be allowed by law for a claim for un
paid wages.
Settlement of disputes.—A workmen’s compensation bureau created by
chapter 149, acts of 1918, is charged with the duty of hearing and determining
disputes, subject to an appeal to the courts.
40
W O R K M E N ^ COMPENSATION LAWS— UNITED STATES
NEW MEXICO
Date of enactment.—March 18, 1917; in effect June 8, 1917. Amended 19*9,
chapter 44; 1921, chapter 184.
Injuries compensated.—Injury by accident arising out of and in course of
employment, causing disability for more than 10 days, or death within one
year, not due to the intoxication of the injured man or willfully suffered by
him or intentionally inflicted by himself or Another. Failure of employee to
observe statutory safety regulations or to use safety devices will cause the
compensation to be reduced 50 per cent.
Industries covered.—Extrahazardous occupations (enumerated list) in which
four or more persons are employed, unless contrary election is made. If the
injury is received while at work on a derrick, scaffold, etc., 10 or more foot
above ground, the act applies without regard to the number of employees.
Other occupations may be included by joint written agreement.
Persons comp emoted.—Private employment: All employees in the industries
covered, except those purely casual and not for the purpose of the employer’s
trade or business. Public employment: Not mentioned.
Compensation for death:
(а) Seventy-five dollars for funeral expenses If death occurs as a proxi
mate result.
( б) Forty per cent of earnings to dej»eiident widow or widower alone, with
5 per cent additional for each child: 25 per cent to one or t'vo
orphans. 10 per cent additional for each additional child, totals in
either case not to exceed 60 per cent. If no spouse or child sur
vives, a parent or parents in any degree dependent receive 20 per
cent: if none of the foregoing survive and there are brothers or
sisters in auy degree dependent, 15 per cent shall be paid for one.
and 5 per cent for each additional one, the total not to exceed 25
per cent.
(c) No payment shall extend beyond 300 weeks, nor shall amounts paid
partial dependents exceed the actual contributions made by tbe
debased to their support. Payments cease on the remarriage of a
widow or widower, on a child, brother, or sister attaining the age
of 18, unless mentally or physically incapacitated for earning, on
the death of any dei>endent. the adoption of an infant, or his be
coming self-supporting before reaching 18 years of age.
The earnings upon which death benefits are computed shall be taken
as not above $80 per week, nor less thau $12 per week except where
the earnings are less than $12 per week, then the amount of the
earnings.
Compensation for disability:
(a) Medical, surgical, and hospital services for the first 10 days, not over
$150 in value, unless an adequate scheme of hospital service has
been provided for, in which case such scheme shall be followed out
( b) For total disability, 50 per cent of the workman’s earnings, for a term
not to exceed 520 weeks.
(c) For permanent partial disability. 50 per cent of earnings for specified
injuries, for various periods ranging from 3 to 150 weeks, in addi
tion to payments for any period of total disability; other cases to
be compensated proportionately; disfigurement, not over $500.
Weekly benefits shall be not more than $12 nor less than $6 per week,
unless the earnings are less than $6, then full wages.
Lump-sum settlements may be approved for part or all the benefits,
for either disability or death.
Revision of benefits.—The employer may at any time require a medical ex
amination of a beneficiary, and the court may adjust awards accordingly.
Insurance.—Employers under the act must file with the district court of the
county insurance or security for the payment of benefits provided by this act,
unless a certificate of financial ability is obtained.
Securities of payments.—Policies of insurance must inure directly to the
benefit of claimants. Benefits are exempt from attachment, garnishment, or
execution, and can not be assigned.
Settlement of disputes.—Act is administered by courts. Proceedings are to
be summary as far as possible. Appeals lie to the supreme court.
ANALYSIS OP IjAWS— NEW YORK
41
NEW YORK
Date of enactment.—December 16, 1013: In effect July 1, 1914. Revised April
13, 1922; in effect July 1, 1922. Amended several acts each year.
Injuries compensated.—Accidental Injuries arising out of and in course of
employment, causing disability for more than one week, or death, unless caused
by the willful intention of the Injured employee or by his intoxication while on
duty; also disfigurements and specified occupational diseases.
Industries covered.—“ Hazardous employments,” extensive list; all other em
ployments in which four or more workmen or operatives are regularly employed,
domestic and farm labor excepted. Employments not listed, including employ
ments not for gain, may be brought under the act by voluntary action.
Persons compensated.—Private employment: All employees in industries cov
ered. Public employment: Included. Nonresident beneficiaries limited to wife,
children, and dependent parents.
Compensation for death:
(a) Two hundred dollars for funeral expenses.
(&) To a widow or dependent widower alone, 30 per cent of wages, 10 per
cent, additional for each child under 18; orphans and dependent
grandchildren, brothers or sisters under 18 receive 15 per cent each;
dependent parents or grandparents, 25 per cent each. Aggregate
payments in no case may exceed 66% per cent.
(o) Payments to widow or widower cease on death or remarriage or wheu
dependence of widower ceases, with two years’ compensation on
remarriage; payments to children, grandchildren, brothers, and sis
ters cease at 18, and to parents when dependence ceases.
No wages in excess of $150 per month are considered iu computing
benefits.
If no dependents, $1,000 to special funds.
Compensation for disability:
(а) Medical and surgical treatment, apparatus, and hospital services as
required, costs to be approved by the commission.
( б) For total disability, 66% per cent of wages during continuance, limited
to $3,500 in temporary eases.
(o) For partial disability, 66% per cent of wage loss, total not over $3,500
if temporary; for specified permanent partial disabilities, 66% per
cent of wages for fixed periods, plus fixed healing time; separate
provision for disfigurements; also allowance for rehabilitation.
Payments may not be more than $20 nor less than $8 per week unless
wages are less, then full wages.
If disability lasts more than 49 days, compensation is payable from
date of injury.
Periodical payments may be commuted to one or more lump sums if
the board deems it advisable iu the interests of justice.
Revision of benefits.—Awards may be reviewed at any time and ended or
increased or decreased within the limits fixed.
Insurance.—Required in State fund or approved company* or proof of fiikancial ability to make payments (securities may bo required).
Security of payments.—Insurance enforceable directly for benefit of claim
ants ; insolvency of employer no release to insurer. Payments have same pref
erence as unpaid wages, without limit as to amount.
Settlement of disputes.—Settled by State industrial board, limited appeal to
courts.
42
w o r k m e n ’ s c o m p e n s a t io n l a w s — u n it e d sta te s
NORTH DAKOTA
Date of enactment.—Approved March 5. 1010; effective July 1. 1910, chapter
102. Amended special session of 1919, chapter 73. and each year.
Injuries compensated.—Injuries arising in the course of the employment
causing disability for more than seven days or death within six years, not
caused by employee’s willful intention to injure himself or to injure another.
Industries covered.—“ Hazardous employments,” including any employment
in which one or more employees are regularly employed in the same business
or establishment, except agricultural or domestic service and common carriers
by steam railroad. Employments not classed as hazardous may elect.
Persons compensated.—Private employment: All persons engaged in hazard
ous occupations, including minors, apprentices, and aliens, but excluding casual
employees whose work is both casual and not in the course of the employer’s
business, and executives receiving more than $2,400 per year. Public employ
ment: All employees of the State or any political subdivision thereof.
Compensation for death:
(a) Burial expenses not to exceed $150.
(b) To widow or wholly dependent widower without children, 35 per cent
of the average weekly wages until death or remarriage; 10 per cent
additional for each child under the age of 18, but not to exceed 06%
per cent of the average weekly wages. Upon remarriage of widow
she shall receive 350 weeks’ compensation in a lump sum.
To .orphans under 18. 25 i>er cent for one and 30 per cent for each
additional not to exceed 60% per cent of the average weekly wages.
Payments cease at 18 unless incapable of self-support.
To one dependent parent. 25 per cent, and to two, 20 per cent each,
when there is no widow, dependent widower, or child: if there is,
then such amount as not to exceed in all 66% per cent of the average
weekly wages, to continue until death.
To wholly dependent sister, brother, grandparent or grandchild, if no
widow, widower, or child survives, if one, 20 per cent, if more than
one. 30 per cent: to be equally divided, to continue for eight years or
until death, marriage, or termination of dependency.
To partial dependents, such percentages as may be allowed by board.
Payments are to be computed on the basis of a minimum wage of $18
and a maximum of $30 per week.
Compensation for disability:
(a) Such medical, etc.. service and supplies as the injury may require.
(b) For total disability, 66% per cent of the average weekly wages during
disability.
(c) For temporary partial disability, 66% per cent of the loss of earning
capacity, during disability.
(d) For permanent partial disability, 66% per cent of weekly wages for
fixed periods determined by percentages of total disability.
Compensation is paid from date of the injury if disability continues
beyond seven days.
The maximum weekly payment is $20, minimum $6, or full wages.
Lump-sum payments may be made instead of weekly payments when
bureau thinks it to be to the best interest of the beneficiary.
Revision of benefits.—Bureau may review at any time, on its own motion or
on application.
Insurance.—Insurance in the State fund is required of ail employers in
hazardous work.
Security of payments.—Fund is administered by workmen's compensation
bureau. Agreements to waive rights to compensation are invalid, and all
assignments of compensation are void. Compensation is exempt from claims
of creditors.
Settlements of disputes.—All disputes are settled by the workmen’s compen
sation bureau, with limited appeal to the district courts.
ANALYSIS OF LAWS---- OHIO
43
OHIO
Date of enactment.—June 15. 1911; iu effect January 1, 1912. Amended
each session.
Injuries compensated.—All injuries, not self-inflicted, received in the course
of employment, causing disability beyond one week, or death.
Industries covered.—All industries employing three or more persons regu
larly in the same business; also establishments with less than three workmen,
if the employer elects to pay the premiums provided by this act.
Person* compensated.—Private employment: All employees excluding per
sons whose employment is but casual and not in usual course of trade or busi
ness of employer but including aliens and minors. Public employment: Per
sons in the service of the State, or its political subdivisions, excepting the offi
cials of the State or municipal governments, and policemen and flremen in
cities where pension funds are established aud maintained.
Compensation for death:
(« ) Burial expenses not to exceed $150.
(b) To persons wholly dependent, 0(5% per cent of the average weekly
earnings of the deceased workman, not to exceed $18.75 weekly, for
eight years, not less than $2,000 nor more than $6,500.
(c) If only partial dependents survive, a proportionate sum, not to exceed
$18.75 weekly, for such period, not over eight years, as the industrial
commission may determine, not over $6,500 in all.
(d) If no dependents, medical and hospital services not exceeding $200 in
value and burial expenses as above.
Dependence of children not presumed after 16 unless physically or
mentally incapacitated.
Compensation for disability:
(a) Medical, hospital, etc., services, not to exceed $200, but more may be
allowed in unusual cases of actual necessity.
(b) For temporary total disability, a weekly payment of 66% per cent of
average weekly wages, during disability, not less thaq $5 nor more
than $18.75 per week, but not for longer than six years, nor exceed
ing $3.150.
(c) For permanent total disability, a weekly payment as above, continu
ing until death.
id) For partial disability, 66% per cent of loss of earning capacity, dur
ing the continuance thereof, but not exceeding $18.75 per week, or a
total of $3,750.
(e) Tn certain specified injuries (mutilations, etc.), compensation of 66%
per cent of wages, for fixed periods, with the same limitations as
noted above. Special provision for disfigurement.
Payments under (d) and (e) are in addition to payments during tem
porary total disability.
In all cases, if wages are less than prescribed minimum, then total
wages arc paid as compensation; an expected increase in wages
may be given consideration.
The commission may commute future payments to one or more lump sums
under special circumstances.
Revision of benefits.—The industrial commission may from time to time
make such changes in its former findings of fact as it deems necessary.
Insurance.—The law creates a State insurance fund, under control of an
industrial commission, in which employers under the act must insure, or give
proof of ability to provide benefits equal to those provided by the State insur
ance fund. Noninsuring employers may be required to give security or bond
to guarantee the payment of benefits falling due.
Security of payments.—Insurance is under *State control. Claims for com
pensation under this law have the same preference against the assets of the
employer as allowed by law on judgments rendered for claims for taxes.
Settlement of disputes.—The commission hears and determines all cases
within its jurisdiction, limited right of appeal to the civil courts being re
served to the claimant.
1965°—26------ 4
44
W O R K M E N S COMPENSATION LAWS— UNITED STATES
OKLAHOMA
Date of enactment.—March 22. 1015; iu effect September 1, 1915. Amended
1919, chapter 14; 1923, chapter 61.
Injuries compensated.—Personal injuries causing disability for more than
five days arising out of and in course of employment, not due to the willful in
tention of the injured employee to injure himself or another, intoxication, or
willful failure to use statutory safeguard. Fatal injuries not covered.
Industries covered.—“ Hazardous*’ (enumerated list and general clause), in
which two or more persons are employed for pecuniary gain, including work by
State or municipalities; agriculture, horticulture, stock raising, retail stored,
and interstate railways not included.
Persons compensated.---Private employment: Persons engaged in manual
or mechanical work or labor in industries covered. Public employment: Work
men employed for wages in any hazardous work within nieauing of this
act.
Compensation for death.—Fatal injuries not covered.
Compensation far disability:
(а) Necessary medical, surgical, or other treatment for first 60 days not to
exceed $100 in value unless in the judgment of the commission a
greater period or amount is required. Special provision for hernia.
( б ) For temporary total disability. 66% i>er cent of average weekly wages
for not more than 300 weeks.
(c) For permanent total disability. 60% i>er cent of average weekly wages
for not more fhan 500 weeks.
(d) For partial disability. 66% per cent of wage loss for not more than 300
weeks; for specified permanent injuries. 66% i>ei* cent of weekly
wages for fixed periods in lieu of other coni])ensation.
Payments may not exceed $18 per week nor be less than $8 unless
wages were less than $8. when full wages will be paid. Periodical
payments may be commuted to lump sums, and aliens who are non
residents may have payments commuted to lump sums equal to onehalf the value of the present worth.
Revision of benefits.—Awards may be reviewed at any time on application
of any paity in interest.
Insurance.—Employer must insure with a stock or mutual company or asso
ciation of the State or companies out of the State issuing approved policies,
or maintain a benefit fund, or provide satisfactory proof of ability to make
compensation payments.
Security of payments.—Insurance companies or fund systems must be ap
proved by the commission. Claims can not be assigued. and payments are ex
empt from levy, execution, etc. Deposits with the commission to secure pay
ments may be required of employers or insurers.
Settlement of disputes.—Disputes are co be settled by the industrial com
mission, subject to appeal to the supreme court.
ANALYSIS OF LAWS— OREGON
45
OREGON
Date of enactment.—February 25, 1913; in effect June 30, 1914. [Deferred
by referendum.] Amended each session.
Injuries compensated.—Injuries or death by accident arising out of and in
the course of employment, cxcept those brought about intentionally.
Industries covered.—All hazardous occupations, including factories, mills, and
workshops employing machinery* etc. (enumerated list) ; all in absence of con
trary election. Other employers may accept the law by affirmative election.
Persons compensated.—Private employment: Any workman employed in enu
merated hazardous employmen Ls in absence of contrary election, except farm
laborers, who may be brought under the law by election. Nonresident alien
beneficiaries other than parent, spouse, or child are not included unless other
wise provided by treaty. Public employment: State and municipalities, irriga
tion districts, etc., may elect to come under the act.
Payments are exclusively from a State fund, for which the employer deducts
1 cent from employee’s daily earnings, and himself contributes a percentage of
his monthly pay roll, fixed according to industry. The State gives a subsidy.
Compensation for death:
(a) Burial expenses not to exceed $100.
(&j To widow or invalid widower, a monthly payment of $30, and to each
child under 16 (daughters 18), $8 a month.
(c) To orphans under 16 years of age (daughters 18), a monthly payment
of $15 each.
(d) To other dependents, there being none of the foregoing, a monthly
payment to each of 50 per cent of the average support received dur
ing the preceding year, but not to exceed $30 a month in all.
(e) To parents oi! 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.
Compensation for disability:
(a) Medical, surgical, and hospital expenses not exceeding $250 in value.
(b) For permanent total disability, monthly payments as follows: (1) If
unmarried at the time of the injury, $30; (2) if with wife or invalid
husband, $35, and $8 additional for each child until 16 years of age.
In case of death during total disability, from whatever cause, death
benefits are payable to widow, widower, or children.
(o) For temporary total disability, 40 to 66% per cent of monthly wages
during disability, maximum $97, minimum $30 if single, or $40 if
dependent spouse, unless wages are less.
(d) For temporary partial disability, a proportionate amount, corre
sponding to loss of earning power for not exceeding two years.
(e) For certain specified injuries (mutilations, etc.), monthly payment of
$25 per month payable for fixed periods, less the time during which
any payments were made on account of total disability. 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, but not to exceed $4,000.
Revision of benefits.—The rate of compensation may be readjusted either
upon the application of the beneficiary or by the commission upon its own
initiative.
Insurance.— Insurance is effected through the State industrial accident fund,
under supervision of the State industrial accident commission.
Security of payments.—Insurance under State control.
Settlements of 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.
46
W O R K M E N ^ COMPENSATION LAWS— UNITED STATES
PENNSYLVANIA
Date of enactment.—June 2, 1915; in effect January 1, 1916. Amended 1917,
Nos. 57, 359, 395; 1919, Nos. 277, 306, 310, 441, 455; 1921, Nos. 67, 342; 1923,
Nos. 29, 432.
Injuries compensated.—Personal injury by accident in the course of employ
ment, causing disability for more than 10 days or death in 300 weeks, not
intentionally self-inflicted or due to the intentional act of a third person for
reasons not connected with the employment.
Industries covered.—All, unless employer makes election to the contrary. A
supplemental act (No. 359, acts of 1917) requires all contracts with the State
or any municipality to contain a provision that the contractor-shall accept the
provisions of the compensation law. (Agricultural and domestic employees are
excluded by a separate act.)
Persons compensated.—Private employment: All persons rendering service to
another for a valuable consideration, casual employees whose work is not in
the regular course of the employer’s business, and outworkers excepted. Public
employment: All employees.
Compensation for death:
(a) One hundred dollars funeral expenses.
(b) Forty per cent of weekly wages to widow or dependent widower, 10
per cent additional for each child, tot’al not to exceed 60 per cent;
if no parent, 30 per cent if one or two children, 10 per cent additional
for each child in excess of two, total not to exceed 60 per cent;
if no consort or child under 16, but dependent parent, brothers, or
sisters, 15 to 40 per cent of wages.
(c) Payments cease on death, remarriage of widow or widower, cessation
of dependence of widower, or when a child, brother, or sister attains
the age of 16; not to continue beyond 300 weeks, except for children
under 16, when 15 per cent of wages will be paid for one and 10 per
cent additional for each additional child, total not to exceed 50 per
cent, until age 16. Basic wages are not less than $10 nor more than
$20 weekly.
Upon remarriage a widow is to receive the then value of the compen
sation for one-tliird of the unpaid period.
Compensation for disability:
(a) Reasonable medical and surgical expenses for first 30 days after dis
ability begins, cost not to exceed $100; in addition, hospital treat
ment for 30 days at prevailing costs.
(ft) For total disability, 60 per cent of weekly wages for 500 weeks, $12
maximum, $6 minimum, or full wages, total not to exceed $5,000.
(c) For partial disability, 60 per cent of weekly wage loss, $12 maximum,
for not over 300 weeks; fixed periods for specified injuries, in lieu
of other payments, $12 maximum, $6 minimum, or full wages.
Payments may be commuted to a lump sum.
Revision of bencflis.—Agreements and awards may be reviewed by the board
at any time for proper cause.
Insurance.—Employers must insure in the State fund, a stock or mutual
company, or give proof of financial ability.
Security of payments.—Agreements or awards may be filed with a prothonotary, who enters them as a judgment, and if approved by the board they become
a lien on the property of the employer. A separate act provides for direct
payments from insurance companies to the beneficiaries, in case of the em
ployer’s failure to make payments of benefits.
Settlement of disputes.—Disputes are settled by the workmen’s compensation
board, with appeal to courts.
ANALYSIS OF LAWS— PORTO BICO
47
PORTO RICO
Date of enactment—April 13, 1916; in effect July 1, 1916. Amended, 1917,
No. 9. New act, February 25, 1918; in effect July 1, 1918, amended 1919, Nos.
61, 62; 1920, No. 1; 1921, No. 61; 1925, No. 102.
Injuries compensated.—All personal injuries by accident occurring to a
laborer in the course of his employment and due thereto, causing death within
one year or disability, for more than seven days, excepting injuries due to an at
tempt to commit crime or to injure himself, his employer, or another person;
intoxication, or gross negligence, or the criminal act of a third person. Desig
nated occupational diseases included.
Industries covered.—All industries except domestic service.
Persons compensated.—Private employment: All employees of employers cov
ered by the act, clerical employees in offices and commercial establishments
where machinery is not used excepted; also excepting employees whose earn
ings exceed $1,500 per year. Public employment: Included.
Compensation for death.—A compensation of one to four thousand dollars as a
maximum to persons wholly dependent, the amount to be graded according to the
earning capacity of the deceased, and the number of beneficiaries.
Compensation for disability:
( a) Medical attendance, medicines and subsistence as may be prescribed,
also hospital services when necessary.
(b) For temporary disability an amount equal to one-half the weekly
wages, not less than $3 nor more than $15, for not more than 304
weeks.
(c) For permanent total disability not less than $2,000 nor more than
$4,000, in proportion to the rate of wages earned at the time of in
jury, the severity of the injury, and the probabilities of life.
(d) For permanent partial disability, according to a fixed schedule, other
injuries to be compensated according to a corresponding disability
named in the schedule, no payment to exceed $2,000.
Revision of benefits.—No provision.
Insurance.—All payments are made from the workman's relief trust fund
established by the act, to which all employers covered by the act contribute.
Security of payment—Fund is administered by the treasurer of the island.
Rights and actions not assignable nor subject to attachment.
Settlement of disputes.—Claims are passed upon by the workman's relief
commission, with limited appeal to the courts.
48
W O RK M E N ’ S COMPENSATION LAWS— UNITED STATES
RHODE ISLAND
Date of enactment—April 29, 1912; in effect October 1, 1912. Amended,
1913, chapter 987; 1915, chapter 1268; 1917, chapter 1584; 1919, chapter 1795;
1920, chapter 1900; 1921, chapters 2086, 2095; 192G, chapter 764.
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 one week, or death, except where the injury resulted from
the willful intention of the injured person to injure himself or another, or
from intoxication.
Industrie* covered.—All industries except domestic service and agriculture,
if the employer elects. Defenses in suits for damages are not abrogated un
less more than five persons are employed. Excepted employments may ac
cept act.
Persons compensated.—Private employment: All employees in establishments
covered by this act in absence of contrary election, employees whose work
is of a casual nature and who are employed otherwise than for the purpose
of the employers business, and those earning above $8,000 a year excepted.
Public employment: Employees of the State, and such classes of employees of
cities and towns electing to accept the act as are designated in the act of ac
ceptance, not including members of organized lire and police departments.
Compensation for death:
(a) To persons wholly dependent, a weekly payment equal to one-half the
average weekly earnings of the deceased employee, but not less than
$6 nor more than $14 per week, for a period of 800 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 exeeedng 800 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 un
less they are physically or mentally incapacitated.
Compensation for disability:
(а) The necessary medical and hospital services for the first eight weeks
after the injury, to cost not over $150.
( б) For total incapacity, a weekly payment equal to one-half the wages,
but not less than $7 nor more than $16 per week, during such in
capacity, but not for longer than 500 weeks, nor more than $5,000.
(c) For partial incapacity, a weekly payment equal to one-half the loss
of earning power, but not exceeding $10 nor less than $4 per
week, during such incapacity, and not for longer than 800 weeks.
(4) For certain specified injuries (mutilations, etc.). in uddition to the
above, oue-lialf the wages, weekly payments to be not less than $4
nor more than $10 per week, for fixed periods.
Payments begin on the eighth day, but if the incapacity extends be
yond four weeks, they revert to the date of the injury.
Lump-sum payments may be substituted by order of the superior court
after compensation has been paid for six months.
Revision of benefits.—Amounts payable may be reviewed and modified by
the superior court at any time within two years, if the time for payments has
not expired.
Insurance.— Fiinployers must insure, give proof of financial ability to make
direct payments, or furnish security or bond. If employees contribute to any
approved scheme or insurance plan, proportionate added benefits must be
provided.
Security of payments.—Insurers are directly liable to claimants; beneficiaries
have a first Hen on any sum due from insurers to the employer on any policy.
Settlement of disputes.—Disputes are settled by the superior court on a pe*
tition in the nature of a petition in equity, filed by any party in interest. Ap*
peals may be carried to the supreme court by any aggrieved person.
ANALYSIS OP LAWS— SOUTH DAKOTA
49
SOUTH DAKOTA
Date of enactment.—Marcli 10. 1917; in effect June 1, 1917. Amended each
session.
Injuries compensated.—Injuries by accident arising out of and in course of
employment, causing disability for more than 10 days or death, not due to in
toxication or willful misconduct.
Industries covered.—All except agricultural and domestic service, in the ab
sence of contrary election; compulsory as to commercial threshing of grain.
Exempt occupations may come in by voluntary election.
Persons compensated.—Private employment: All persons in service under a
contract of hire or apprenticeship, except those whose employment is both
casual and not in the usual course of the business or trade o f the employer.
Public employees: Employees of the State and its municipalities are included.
Compensation in case of death:
(а) To n dependent widow, child, or children, a sum equal to four times
the average annual earnings of the deceased person, not less than
$.1,050 nor more than $3,000; if none of these, similar amounts may
be paid to a dependent parent, grandparent, brother, or sister. If
there are none of the foregoing, collateral dependent heirs may re
ceive such a percentage of the same amount as the deceased work
man’s contributions to their support during the preceding two years
are of his earnings during such period.
( б) If there are no dependents, the employer shall pay burial expenses
in an amount not exceeding $150.
Payments cease on the death of a beneficiary or the remarriage of a
widow; but if there are dependent children, amounts otherwise due
her go to the children.
Dependents not residents of the United States at the time of deatli
receive nothing.
Compensation far disability:
(а) Necessary medical, surgical, and hospital services for not more than
12 weeks nor in an amount above $150.
( б) For total disability, 55 per cent of the weekly earnings, not more
than $15 nor less than $7.50, unless earnings are less, then full
wages, until four years* earnings are paid, not to exceed $3,000.
(c) For i>artial disability 50 per cent of the wage loss, not over $15
weekly, for not longer than six years; for specified injuries pay
ments are to be made of 55 per cent of the wages for fixed periods,
in addition to the amount paid during any period of total disability.
(d) For serious and permanent disfigurement not giving rise to other
awards, an award of not more than one year’s earnings.
No payment is made for disability of not more than 10 days’ dura
tion, but if it continues for 6 weeks or more, compensation is pay
able from the date of the injury. Commutation to lump sums may
be arranged for on a proper showing.
Revision of benefits.—Awards may be reviewed by the industrial commis
sioner at the request of either party, and modified according to the findings.
Insurance.—Insurance in an approved company or association is required,
unless satisfactory proof of financial ability to make payments is furnished, or
security is deposited with the State insurance department to guarantee payments.
Security of payments.— Insurance policies are to be valid regardless of the
employer’s solvency, and must provide that the workman shall have a first
lien upon any amount becoming due him thereunder. Claims are unassignable,
and payments are exempt from execution.
Settlement of disputes.—Arbitrators are to be chosen, one by each party, the
industrial commissioner acting as chairman. If review is claimed, the com
missioner may revise the decision or refer it back to the arbitration board.
Appeal lies to the courts only on questions of law.
50
W O RK M E N ’ S COMPENSATION LAWS— UNITED STATES
TENNESSEE
Date of enactment.—April 15, 1919; effective July 1. 1919. Amended 1923,
chapter 84.
Injuries compensated.—Injury by accident arising out of and in course of
the employment, causing disability for more than one week, or death, not due
to employee’s intoxication, willful misconduct, or intentional self-inflicted in
jury, or refusal to use a safety appliance or perform a duty required by law.
Industries covered.—All employing live or more persons, except common car
riers while engaged in interstate commerce and domestic and agricultural
service. Small employers and the State and its municipalities may elect.
Persons compensated.—Private employment: All employed in the industries
covered except employees whose work is casual and not in the usual course
of the employer’s business. Public employment: Employees are not covered
unless the employer elects to come under the act.
Compensation for death:
( a) Burial expenses not to exceed #100.
(b) To widow, 30 per cent; with oue child, 40 per cent; two or more chil
dren, 50 per cent. One orphan child, 30 per cent; each additional
orphan, 10 per cent; total not to exceed 50 per cent. Dependent
widower, 20 per cent. One dependent parent, 25 per cent; two de
pendent parents, 35 per cent. One grandparent, sister, brother,
mother, or father-in-law, 20 per cent; two or more, 25 per cent, of
the average1weekly wages, in the order named.
(c) If only partial dependents survive, a proportion of the above corre
sponding to the relation of the contribution of the deceased to the
total income of such dependents.
Payments to children (apparently) cease upon their reaching the age
of 18 years; to other dependents, on death or marriage; not over
400 weeks.
The maximum weekly compensation is $.15 }>er week and the minimum
$5, unless wages are less than $5, when full wages are paid.
Compensation for disability:
(a) Reasonable medical and surgical treatment for 30 days after notice
of accident, not to exceed $100.
(b) For temporary total disability. 50 per cent of average weekly wages,
for not over 300 weeks.
(c) For permanent total disability. 50 per cent of wages for not to exceed
550 weeks, reduced to $5 per week after 400 weeks, with maximum
total of $5,000.
(d) For temporary partial disability, 50 per cent of wage loss for not over
100 weeks.
(e) For permanent partial disability, 50 per cent of wage loss, for not
over 300 weeks; for certain specific injuries (mutilations, etc.)
producing permanent partial disabilities, 50 per cent of wages during
fixed periods.
Payments are to begin on the fifteenth day; if disability continues for
more than six weeks, they date from the injury.
Payments may not exceed $15 per week nor be less than $5, unless
wages are less, and may be commuted to a lump sum.
Revision of benefits.—Revision of payments for more than six months may
be made by the court on agreement of parties; or, in case of disagreement, oil
application of one party.
Insurance.—Insurance is required in an authorized insurance company or
association, or bond or proof of financial ability to make payments; State
fund for coal mining.
Security of payments.—Insurance policies must inure directly to the benefit
of the beneficiaries and be enforceable in an action* by them.
Settlement of disputes.—Disputes are settled by the judge or chairman of
the county court, with right of appeal to the courts.
ANALYSIS OF LAWS— TEXAS
TEXAS
Date of enactment.—April 16, 1913; in effect September 1, 1913. Amended
1917, chapter 103; 1921, chapter 115; 1923, chapter 177.
Injuries compensated.—Personal injury sustained in the course of employment
causing incapacity to earn full wages for at least one week, or death, not due
to the act of God, unlcAis the employment is specially exposing, nor to the inten
tional act of a third person committed for personal reasons not connected with
the employment, nor to the injured man’s willful intent to injure himself or
another, nor received while intoxicated.
Industries covered.—All in which three or more persons are employed, if the
employer elects, except domestic and farm labor, railways (steam or electric)
operated as common carriers, and vessels in interstate and foreign commerce.
Persona compensated.—Private employment: All employees in industries in
cluded, except those not in the usual course of the employer’s trade or business.
Public employment: No provision.
Compensation for death:
(a) To the legal beneficiaries of the deceased employee, a weekly payment
equal to 60 per cent of his wages, not less than $7 nor more than $20,
for a period of 360 weeks, distributed according to law governing
property distribution.
(b) If no beneficiaries are left, the expenses of the last sickness and in
addition a funeral benefit not to exceed $100.
Compensation for disability:
(a ) Medical and hospital care for the first four weeks; hospital care for two
weeks additional if necessary.
(b) For total incapacity, a compensation equal to 60 per cent of the aver
age weekly wages of the injured person, but not less than $7 nor
more than $20 per week, during such disability, but not exceeding a
period of 401 weeks.
(o) For partial incapacity, a compensation equal to 60 per cent of the loss
of earning power during such disability, in no case to exceed $20 per
week, but not exceeding 300 weeks, or for both partial and total dis
ability, 401 weeks.
(d) For certain specific injuries (mutilations, etc.), compensation equal
to 60 per cent of the average weekly wages of the injured per
son, for fixed periods, not less than $7 nor more than $20 per week,
in lieu of all other compensation; proportionate for others, including
disfigurement.
A lump-sum payment may be substituted for weekly payments in cases
of death or permanent total disability, subject to the approval of the
industrial accident board.
Revision of benefits.—On its own motion or on application of an interested
party, the industrial accident board may at any time review an award.
Insurance.—Employees come under the law only by taking insurance, which
may be effected through the Texas Employers* Insurance Association, or in any
company admitted to do business in the State.
Security of payments.—Compensation is payable directly by the insurance
association. Policies in other companies are subject to the provisions of the.
act. All benefits are nonassignable, and exempt from garnishment, attachment,
etc.
Settlement of disputes.—Disputes are referable to the industrial accident
board, whose decisions are subject to appeal to any court of competent juris
diction.
52
W O RK M E N ’ S COMPENSATION LAW 3— UNITED STATES
UTAH
Date of enactment.—March 15, 1917; in effect July 1, 1917. Amended 19.19,
chapter 63; 1921, chapter 67; 1923, chapters 44, 64; 1925 chapters 73, 80.
Injuries compensated.—Injuries by accident arising out of or in course of
employment, causing disability for more than three days, or death within three
years.
Industries covered.—Compulsorily, all except agriculture and domestic serv
ice, in which three or more persons are employed; elective as to all exceptions.
Persons compensated,—Private employment: All persons regularly employed
under any contract of hire, but not including persons whose employment is
but casual and not in the usual course of the employer’s business. Public
employment: Every person in the service of the State or a municipality, in
cluding regular members of the police and fire departments of cities and towns.
Compensation for death:
(a) Funeral expenses, not exceeding $150.
(b) To persona wholly dependent, 60 per cent of the average weekly earn
ings of the deceased employees, not to exceed $16, for not over six
years, $2,000 minimum, $5,000 maximum; benefits may be extended
indefinitely in discretion of commission.
(c) To persons partly dependent, the same amount, subject to the same
limits as to maximum, for all or such part of the period of six
years as the commission may in each case determine.
Payments to. beneficiaries cease on their death or remarriage; to
female children on their attaining the age of 18, and to males on
reaching the age of 16, unless mentally or physically incapacitated
from earning.
(d) When there are ik> dependents the employer or his insurer must pay,
in addition to medical and funeral expenses, 20 per cent of a death
benefit into the State treasury for a second-injury and total-dependents* fund.
Nonresident aliens, except in Canada, receive one-half benefits.
Compensation for disability:
(а) Such medical, nurse, and hospital services and medicines as the em
ployer or insurer may deem proper, not over $500 in value.
( б) For permanent total disability, 60 per cent of average weekly wages
for five years, and 45 i>er cent thereafter until death, $16 maximum,
$7 minimum.
(c) For temporary total disability 60 per cent of weekly wages for six
years, not to exceed $5,000: $16 maximum, $7 minimum, or actual
wages.
(<fc) For partial disability, 60 per cent of the weekly wage loss, not over
$16 per week, for not more than six years, nor $5,000. For specified
injuries causing permanent partial disability, 60 per cent, not over
$16 weekly, is to be paid for fixed periods, in addition to payment
for temporary total disability: proportionate awards for disfigure
ment or injuries not enumerated.
Any periodical payment under special circumstances may be com
muted to a lump sum by the commission.
Revision of benefits.—Revision may be made from time to time as in the
opinion of the commission may be justified.
Insurance.—Employers must insure in the State fund, in a stock or mutual
insurance company, or give proof of ability to meet their own compensation
payments; but approved benefit schemes may be maintained.
Security of payments.—Policies in private insurance companies are binding
without regard to the solvency of the employer, and are enforceable by the
employee directly. Self-insurers may be required to deposit security or give
a bond.
Settlement of disputes.—Disputes are settled by the State industrial com
mission, with limited appeal to the courts.
ANALYSTS OF LAWS— VERMONT
53
VERMONT
Date of enactment.—April 1, 1915; in effect July 1, 1915. Amended each
session.
Injuries compensated.—Personal injury causing disability for more than
seven days, or death within two years, arising out of and in course of employ
ment, not due to the employee's willful intention to injure himself or another,
his intoxication, or failure to use a safety appliance.
Industries covcrcd.—All industrial establishments in which more than 10
persons are employed, and commerce as far as permissible under Federal laws,
domestic labor excepted, unless election to the contrary is made. Public serv
ice under municipalities which elect compensation system.
Persons compensated.—Private employment: All under contract with or in
service of an employer; domestic and casual employees, those not in the usual
course of the employer’s business, and those receiving more than $2,000
excepted. Public employees: All except elective, and those receiving in excess
of $2,000 annually.
Compensation for death:
(a) One hundred dollars for funeral expenses if death occurs within two
years.
(ft) Thirty-three and one-third per cent of weekly wages to dependent
widow or widower, 40 per cent if there be one or two children, and
45 per cent if more than two; to orphans, 25 per cent to one or two
children, 10 per cent additional for each child in excess of two,
total not to exceed 40 per cent; if no consort or child under 18. and
dependent parent, grandparent, or grandchild, 15 to 25 i>er cent of
wages.
(<*) Payments to widow cease on death or remarriage; to widower on
remarriage or cessation of dependency; to children on reaching age
of J.8 unless incapable of self-support, in no case to exceed 2G0 weeks
or $3,500 in amount: payments to other classes of beneficiaries end
in 208 weeks at most. Basic wages- are not less than $5 weekly.
Compensation for disability:
{a) Medical and hospital services for first 14 days, not to exceed $100.
( b) For total disability 50 per cent of weekly wages for not more than 260
weeks. $J5 maximum. $6 minimum, or full wages, total not to ox coed
$4,000.
(r) For partial disability, 50 jwr cent of wage loss, maximum $10. for not
more than 200 weeks.
(d) For certain specified injuries, 50 per cent of weekly wages, but not more
than $15 nor less than $6, or full wages, for designated periods, fol
lowing the period of total disability, the total not to exceed 200
weeks. Special provisions for hernia.
Payments may be commuted to one or more lump sums in any case.
Nerision of benefits.- -Awards may be reviewed on application at any time,
but not oftener than once in six months.
Insurance.—Required unless deposit of security is made, or satisfactory proof
of financial responsibility.
Security of payments.—Employees may have direct recourse to insuring com
pany ; insolvency of employer does not release insurer; compensation rights
are preferred claims.
Settlement of disputes.—Disputes are determined by a commissioner of
industries, with appeal to courts.
54
W O RK M E N ’ S COMPENSATION LAWS---- UNITED STATES
VIRGINIA
Date of enactment.—March 21, 10.1.8, chapter 400; in effect January 1, 1019.
Amended each session.
Injuries compensated.—Injuries caused by accident arising out of and in
course of employment, not due to the injured person's willful misconduct,
intoxication, intention to injure himself or another, or failure to use a safety
appliance or to perform some duty required by law or to obey a rule of the
employer, and causing disability for more than 10 days or death within 0
years.
Industries covered.—All employing regularly more than 10 persons, in ab
sence of contrary election, domestic and farm labor and interstate commerce
and intrastate common carriers usiug steam excepted.
Persons compensated.—Private employment: All employees of employers
under the act who do not them.selves make a contrary election, including
minors and apprenrices, except employees whose employment is not in the
usual course of the employers business. Public employment: All employees.
Compensation for death:
(a) Burial expenses not exceeding $100; if no dependents, $150.
(ft) To persons wholly dependent a weekly payment equal to one-lialf
the average weekly wages of the deceased; $12 maximum, $6 mini
mum.
(c) If only partial dei>endents survive, such proportion of the above as
the amount contributed bears to the annual earnings of the deceased
employee.
(d) Payments may not extend beyond a period of 300 weeks, nor to chil
dren after they attain the age of 18 years, unless physically or
mentally incapacitated. Payments to a widow or widower are, on
remarriage, to be divided among other dependents, if any.
Compensation to alien dependents (Canada excepted) may not exceed
$1,000.
The tolal comi>ensalion may not exceed $4,500.
Compensation for disability:
(a ) Necessary medical attention for the first 60 days; additional services,
including surgical and hospital services and supplies, may be fur
nished at the employer's option, and must be accepted unless the
industrial commission orders otherwise.
(b) For total disability, one-half the weekly wages, not more than $12
nor less than $6 per week, for not more than 500 weeks, the total
not to exceed $4,500.
(c) For partial disability, one-lialf the wage loss, not more than $12 per
week, for not more than 300 weeks; for specified injuries (loss of
member or members) 50 per cent of the wages for fixed periods,
maximum $12, minimum $6. Disfigurement not over 60 weeks.
Lump sums may be substituted for periodic payments in any case
after 26 weeks on agreement of the parties and the approval of the
industrial commission.
Revision of benefits.—The industrial commission may review ail award on
its own motion before a judicial determination, or at any time on the applica
tion of a party in interest on the ground of a change in condition.
Insurance.—Every employer coming under the act must insure in a stock
or mutual company, or in a State fund (none provided for), or furnish satis
factory proof of financial ability to make direct payment.
Security of payments.—Claims are not assignable, and are exempt from
claims of creditors; payments have the same preference for full amount as
wage debts. Notice to the employer is notice to the insurer, and policies must
inure directly to the benefit of the person entitled to compensation.
Settlement of disputes.—Disputes are settled by the industrial commission,
subject to limited appeal to courts.
ANALYSIS OP LAWS— WASHINGTON
55
WASHINGTON
Date of cnactmcnt.—March 14, 1011; in effect October 1, 1911. Amended,
each year.
Injuries compensated.—Injuries causing disability for more than three days,
or death, except injuries brought about intentionally.
Industries covered.—All extrahazardous employment (enumerated list and
covering clause), but not including railway employees engaged in interstate
commerce; public utilities; State, county, and municipal undertakings involving
ex Irahazardous work.
Persons compensated.—Private employment: All employees in industries cov
ered by the act; including employers on the pay roll at a rate not less than
the average named in such pay roll. Public employment; All employees in in
dustries covered by the act.
Compensation for death:
(a) Expenses of burial not to exceed $.100 if unmarried, $150 if widow or
child survives.
(b) To widow or invalid widower, a monthly payment of $35 with addi
tional sums for each child under 16; $12.50 for first, $7.50 for
second, and $5 for each othejr child.
A widow receives in addition to monthly payments a lump sum of $250.
(c) If no parent survives, a monthly payment of $25 to each child under
16 years of age, the total not to exceed $75 per month.
(d) To other dependents, if none of the above survive, a monthly payment
to each, during dependency, equal to 50 per cent of the average
amount previously contributed to the dependent, the total not to
exceed $20 per mouth.
(e) To the parent or parents of an unmarried minor a monthly payment
of $20 until the time he would have been 21. In case of dependence
payments to parents of minors are governed by ((f).
Payments to a widow or widower cease on death or remarriage, and
to a child on reaching the age of 16 years. If a widow remarries, she
receives a lump sum of $240.
Compensation for disability:
(а) Proper medical, etc., services and care during the period of disability,
if temporary; if permanent, until awards are made. Employees con
tribute one-half to medical aid fund.
(D) For permanent total disability: (1) If unmarried, $35 per month; (2)
if wife or invalid husband, but no child, $40 a month; if husband is
not an invalid, $20; (3) if married, or a widow or widower with
child or children under 16 years, $12.50 for first, $7.50 for second,
and $5 a month additional for each other child; if constant attend
ance is required, $25 per month additional. In case of death from
whatever cause, while totally disabled, death benefits accrue as above.
(e) For temporary total disability, payments as for permanent total dis
ability during disability with specified rates for first six months,
according to number of dependents.
(d) For temporary partial disability, the payment as for total disability
continues in proportion to loss of earning power, if over 5 per cent.
(б) For specified permanent partial disabilities, lump sums up to $2,400,
in lieu of other payments, other disabilities to be compensated pro
portionately ; parents of an unmarried injured minor receive in
addition 10 per cent of the award to such minor.
Monthly payments may be converted into a lump-sum payment, not
over $4,000, 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 of payments.—Accident fund under State control.
Settlement of disputes.—By industrial insurance department, whose decisions
are subject to review by the superior court; appeal as in other civil cases.
56
W O RK M E N ’ S COMPENSATION LAWS— UNITED STATES
WEST VIRGINIA
Date of enactment.—February 22, 191S; iu effect October 1, 1913. Amended
1915, chapter 9; extra session 19.13, chapter 1; 1919, chapter 331; 1923, chapter
58; 1925, chapter 68.
Injuries compensated.—All personal injuries not the result of willful miscon
duct or intoxication of the injured employee, disobedience to rules of employer,
failure to use a safety device, or self-inflicted, causing incapacity for more than
one week, or death within one year.
Industries cot'ered.—All except domestic or agricultural labor, including the
State and all government agneies.
Persons compensated.—Private employment: All employees iu industries cov
ered, including aliens, except members of firms, persons not legally employed,
and the officers and managers of corporations. Public employment: Included,
except elective officials.
Compensation for death:
(or) Reasonable funeral expenses, nor to exceed $150.
(b) To the widow or invalid widower. $30 per month, and $5 per month
additional for each child under the age of 16 years: orphans.•$10
each per month.
(c) To other persons wholly dependent, if no widow, invalid widower, or
child under the age of 16 years is left, 50 per cent of the average
monthly support received from the deceased during the preceding
year, not exceeding $20 per month, for six years.
( d) If the deceased was a single minor, to a dependent parent. (56% per
cent of the earnings, not to exceed $7 per week for such portion of i>
years as the commissioner may determine; if the parents were only
partially dependent or deceased was under 16 years of age. then
until the time when he would have become 21.
(e) If only partial dependenrs survive, a compensation computed as in (<?>.
with the same maximum.
Payments to a widow or widower cease on remarriage, and to children
on reaching the age of 16 years unless child is an invalid. If widow
or invalid widower remarry within two years of death of employee,
he or she is to be paid 2o per cent of balance of 10 years’ benefits.
Compensation for disability:
(а) Medical, surgical, and hospital services, not exceeding $8(>0: special
treatment to reduce percentage of total disability maximum. $600.
( б) For temporary total disability, during such disability. 66% per cent of
the average weekly enrnings for not exceeding 52 weeks, except that
for certain ununifed fractures, etc.. the period may be 78 weeks.
(c) For permanent disability. 66% per cent of wages for periods varying
with degree of disability ‘ from 2 to 85 per cent, with special sched
ule for maimings), periods ranging from 8 to 340 weeks: above 85 to
100 per cenl disability. 66% per cent of wages for life.
Lump-sum payments may be substituted for periodic payments in case
of either injury or death.
Payments for all disabilities $8 minimum, $16 maximum.
Revision of benefits.—Awards may be modified at any time.
Insurance.—Insurance is effected through a State fund under the control of
the compensation commissioner, or employers of approved ability may carry
own risks, giving bond for performance of requirements not less than those of
the law, without contributions from their employees.
Security of payments.—Payments may be made only to beneficiaries, and are
exempt from claims of creditors or attachment or execution.
Settlement of disputes.—Disputes are settled by the commissioner; limited
appeal to the supreme court of appeals.
ANALYSIS OF LAWS— WISCONSIN
57
WISCONSIN
Date of enactment.—May 3, 1911; in effect same date. Amended each session.
Injuries compensated.—Personal injury by accident causing disability of at
least one week. or death, growing out of and incidental to the employment, not
intentionally self-inflicted ; occupational diseases included.
Industries covered.—All, if employer elects; election presumed if three or
more employees, agriculture and railroads excepted; railroads accept by joint
election. Compulsory as to State and its municipalities.
Persons compensated.—Private employment: Ail employees except those not
employed in the usual trade, business, or occupation of the employer, in the
absence of contrary election. Public employment: All employees of the State
or its political subdivisions* officials excepted.
Compensation for death:
(a) The reasonable expense of burial, not exceeding $200.
(b) To person s wholly dependent, a sum equal to four years* earnings,
but not to exceed a total disability benefit. Annual earnings, $1,400
maximum. $525 minimum.
(c) If only partial dependents survive, a sum not to exceed two years*
earnings or four times contribution during preceding year.
All payments to be made in weekly installments equal to 05 per cent
of average earnings. Benefits for death reduced 1" per cent if d'.ie
to intoxication, and increased a like amount if due to employer's
failure to comply with a law or lawful order.
Dependence of children ceases at 18, unless incapacitated.
If no total dependents, four years’ earnings, $1,000 maximum, must
be paid to a special dependency fund.
Compensation for disability:
(a) Medical, surgical, and hospital treatment for 90 days, and for such
additional time as will in the judgment of the commission lesson
period of compensation: artificial members are also to be supplied.
(&) For total disability. 65 per cent of the average weekly earnings dur
ing such disability for not over 1.000 weeks for employees under 31
years of age, reduced for older employees.
(c) For permanent partial disability due to major injuries, a proportionate
amount of a total disability indemnity, in addition to hcaiing time;
for specified lesser injuries a sum equal to 65 ]>er cent of average
weekly wages for fixed periods, ranging from 5 to 50 weeks, in lien
of other payments, unless healing period is prolonged.
(<J) For serious permanent disfigurement compensation may be allowed,
not exceeding one years earnings.
In case of temporary or partial disability the aggregate compensa
tion for a single injury shall not exceed four years’ earnings: per
manent total disability payments run from 280 to 1,000 weeks, ac
cording to age of injured person. Compensation is reduced 15 per
cent if injury was due to intoxication, and increased in like amount
if due to the employer’s failure to comply with a law or lawful order.
Lump-sum payments may be substituted at any time after six months
from the date of injury.
For certain maimings. employer pays $150 into second injury fund.
Revision of benefits.—The commission may change any order or award with
in 20 days if a mistake is discovered; appeals to court within 30 days.
Insurance.—Required in approved companies or proof of financial ability.
Security of payments.—Claims have the same preference as claims for labor,
and are nonassignable and exempt from attachment or execution. The com
mission may require security for payments running six months or more.
Settlement of disputes.—By the industrial commission; limited review by
the courts.
58
W O RK M EN ’ S COMPENSATION LAWS— UNITED STATES
WYOMING
Date of enactment.—Chapter 124, February 27, 1915; in effect April 1, 3915.
Amended, 1917, chapter 69; 1919, chapter 117; 1925, chapter 324.
Injuries compensated.—Personal injury causing disability for more than 7
days, or death, as a result of employment and not due to the culpable negli
gence of the injured employee or to the willful act of a third person due to
reasons personal to such employee or because of his employment.
Industries covered.—Extrahazardous (enumerated list) ; interstate railroads,
domestic service, agriculture and stock raising are excepted.
Persons compensated.—Private‘employment: All employees in industries cov
ered ; persons whose employment is purely casual and not for the purpose of
the employer's business, clerical workers not exposed to the hazards of the
employment, and officials excepted. Public employment: All employees in
classes of employment designated; sheriffs, constables, and their deputies are
expressly excluded.
Compensation for death:
( a) .$150 for funeral expenses, unless other arrangements exist under
agreement.
(&) Lump-sum payments of $2,000 to widow or invalid widower, and addi
tional sum, equal to $120 per year, until the age of 16 is reached for
each boy, and 18 for each girl, the total for children not to exceed
$3,600. If there are dependent parents and no spouse and no boy
under 16, or girl under 18, a sum not exceeding $1,000.
Payments to nonresident alien beneficiaries are limited to 33% per cent
of the amounts above provided, and only the widow, sons under 16
years of age, daughters under 18, and parents are considered.
Compensation for disability:
(a) In eases of total disability and permanent partial disability, medical
attention and care in a hospital, maximum $300, unless other ar
rangement exists.
( b) For permanent total disability, lump sum of $4,000 if single or with
wife or invalid husband, and a sum equal to $120 per year for each
son under 16, and each daughter under 18, the total for children not
to exceed $4,000.
(c) For temporary total disability, $50 per month if single, $60 if married,
and $7.50 monthly for each child under 16, the total monthly pay
ment not to exceed $90, and the aggregate not to exceed the amount
payable if the disability were permanent.
(tf) For permanent partial disability, fixed lump sums, from $150 to $1,500,
for specified injuries in addition to other payments; others in pro
portion.
No payments are made for the first 7 days unless disability continues
for more than 21 days, when they date from the injury.
All payments are lump sums except for temporary total disability.
Revision of benefits.—No provision.
Insurance.—Insurance in State fund required.
Security of payments.—Insurance under State control; payments not assign
able or subject to execution, attachment, etc.
Settlement of disputes.—Disputes are settled by the district courts of the
counties, with appeal to the supreme court of the State.
ANALYSIS OF LAWS---- UNITED STATES
59
UNITED STATES—CIVIL EMPLOYEES
Date of enactment.—Public No. 267, September 7, 191.6; in effect same date.
Amended 1919, chapter 7, sec. 11; 1922, chapter 219; 1924, chapter 261; 1926,
Public Act No. .432.
Injuries compensated.—Personal injuries sustained while in the performance
of duty, not duo to intoxication, willful misconduct, or intention to bring about
injury, causing death within 6 years, or disability for more than three days,
including diseases proximately caused by the employment.
Industries covered.—All civilian employments of the United States Govern
ment, of the District of Columbia, and the Panama Railroad Co.
Persons compensated.—All civil employees of the United States, of the Dis
trict of Columbia except policemen and firemen, and employees of the Panama
Railroad Co.
Compensation for death:
(« ) $100 burial expenses, and transportation of body of resident of the
United States dying away from home, if relatives desire it.
(&) To widow or dependent widower alone, 35 per cent of the monthly
wages of the deceased, with 10 per cent additional for each child,
the total not to exceed 66% per cent.
(c) If no parent survives. 25 per cent to one child, and 10 per cent addi
tional for each additional child, the total not to exceed 66% per
cent.
(d) To dependent parents of deceased, 25 per cent if one, 40 per cent if
both are dependent; if there is a widow, widower, or child, the
parents’ rights are subordinate, and the total awards may not
exceed 66% per cent.
(6) Other dependent relatives rcceive benefits in smaller amounts subject
to the claims of the foregoing relatives.
Payments to a widow or dependent widower terminate on their death
or remarriage; to a child on marriage, reaching the age of 18, or
if over 18 and incapable of self-support, on becoming capable of
self-support; payments to other beneficiaries are subject to the
above limitations but may in no case continue beyond eight years.
All payments are subject to a maximum of $66.67 per month, and to
a minimum of $33.33, unless the actual earnings are less than that
amount, when the compensation shall equal the earnings.
Compensation for disability:
(a) Reasonable medical, surgical, and hospital services and supplies
(b) For total disability, 66% per cent of the monthly pay during the continuance of such disability.
(c) For partial disability, 66% per cent of the difference in wage-earning
capacity due to such disability.
Payments are subject to the same maximum and minimum amounts
as in case of death.
Payments on account of death or permanent disability may be commuted to lump sum.
Revision of benefits.—Awards may be reviewed at any time, either on re
quest or by the commission on its own motion.
Insuranee.—No provision.
Security of payments.—Compensation is paid from special compensation
fund.
Settlement of disputes.—The United Slates Employees’ Compensation Com
mission decides all questions arising under the act.
1965°—20----- 6
COMPARISON OP COMPENSATION AND INSURANCE
SYSTEMS
Insurance of the employer’s liability to pay compensation is
recognized as an essential feature of the system in ail but three5
jurisdictions. This may be effected through private insurance (stock
or mutual companies), self-insurance (proof of solvency, with or
without the giving of a bond or other security), or by insurance in
State funds, which may be exclusive or competitive.
The following table shows for each compensation State whether
compensation is compulsory or elective, and the forms of insurance
provided for by the various laws. This table relates only to private
employments; "for while public employments are covered in wuoie
or in part in most States, and compulsorily in some where the law
is elective as to private employments, the subject is of less general
interest and complexity.
T a b le 1.—COMPENSATION AND INSURANCE SYSTEMS
Insurance required in—
State
A lb a n ia _________________ _______
Alaska
____________ ____________
A ri/ona __________________________
California......................................................
Colorado
............................
Connecticut.. . . . . . . . . . . . . . . . . . . . . . . . . . J
Compensation
compulsory (14) or
elective (32)
State fund: E xd u
el usivo (<■’•) or
competitive (11)
Private companies (34)
or by sell-iusurance
(35)
Missouri__ . . . . . __ . . . . . . . . . . . . . . . . . . . .
Montana__________________________
Nebraska__________________________
Nevada.. ________ _______. . . . . . ____
New Hampshire..........................................
Elective________
........do......................
Comoulsory ®____ Coinw Htive.......... Either.
no.
........do...................... ........do......................
Do.
Elective________ ........ do......................
__ drt_______
Do.
Do.
Do.
Comptilsorv_____ J................... ................
Do.
........do....... 1.........Competitive.................
Do
........do...................... .....................................
Do.
Do.
Elective» ............... '....................................
___ do__________ !_________________
Do.
....d o ......................
........do......................
Do.
........ do.....................
Do.
........ do......................
Do.
C-oiiipUiSorv_____ Competitive...........
Do.
Private companies.
Elective..................
Com petitive..___ Either.
Do.
Do.
........ do...................... Competitive_____
Do.
........do__________J
Do.
........do...................... 1 Exclusive____. . . .
Sell-i.-isuiancc.*
New Mexico______ . . . . . . ___ ____ ____
New Yo»k_...................................................
North D l‘rOlft___ _________________
Ohio...............................................................
Oklahoma_________________
........ <io.........
Do.
Com.Tifilsorv
! Cnmneritivo
Do.
........do__ ______ ! Exclusive................
........do___ ____ I........ do................. Seir-i-'smance.41
Ei
.do
............... !.....................
Pennsylvania ............. _. . . . . . . . . . .
Porto Rico _____________ . . . . . . . . . . . .
Rhcce ’si.ifid___ ________ . . . . . . . . . _
South Dakota_______________
Tennessee________ _________
Texas____________________
U ta h ...............................................................
Vermont_________ _____ ____________
V irginia________ ___ ___ .... ________
Washington__________......__
West Virginia ______ .......____
Wisconsin____. . . . . . _______ . . . . . ____
Wyoming_________________________
Com i >ulsory___ __
Elective________
____do_______
........ no........... .......
........do__ ______
Compulsory_____
Elect ive___l_____
........ liO _______
Compulsory___
Ele< livo ............
........ <io___ .......
Compulsory__ . . .
Georgia____ . . . ___ . . . . . . . . _____. . . . . .
H a w a ii........_. . . . . . . . . . . . __ ____ __
Id a h o __. . . . . . . . . . . . . . . . . . . . . . . . . _____
Illinois____________________________
Indiana__ . . . . . . . . . . . . . . . . . . . . _______
Iowa_____ .....______________
K a n s a s ...... . . . . . . . . . . . . . . . . . . . . . . . . __
Kentucky____________ ________ ____
Louisiana__________________________
Maine________________________ ____
Maryland______ __________________
M assachuseits_____________________
Michigan ..................................................
• As to employers.
TTIiMiliirA
J.AlIIIOJ»V• ••••••»•
Competitive
Exclusive.______
Competitive*.....
Compel itive___
E x clu sive ... ___
Exclusive_____
Do.
Do.
Do.
Do.
Piivale companies.
Ml tar.
>>o.
Do.
tielMiuuirattcv.*
Either.
• Compulsory as to coul mining.
« f eif-insuring employers must contribute lo maintenance of State fund system.
d Employers accepting the act must furnish proof of solvency or give bond; no other provision ay lo
Insurance.
• Coal mining only.
•Alabama, Alaska, and Kansas.
60
COMPARISON OF SYSTEMS
61
Of the 43 States requiring insurance, 19 have provisions for a
State fund, though in Tennessee this is by a separate act limited to
coal mining only. In 8 of these the fund"is exclusive, acceptance of
the system being also compulsory in & of this group. In Ohio and
West'’Virginia approved risks may be carried by the employers them
selves, but under condition that contribution is made to* the State
fund system. In 11 States the system is competitive.
Of the 34 States permitting insurance in private companies, all
but 2 (Massachusetts and Texas) permit self-insurance as well; and
of the number permitting self-insurance (35), all but 3 (New Hamp
shire, Ohio, and West Virginia) also permit private insurance. In
deed it would seem that employers in New Hampshire are free to
take out private insurance, and that there is both statutory and
administrative weakness in the lack of more definite requirements
that insurance be secured.
The somewhat anomalous provisions of the Idaho statute seem to
contemplate an exclusive State fund, but with an option for selfinsurance and the deposit of a surety bond or guaranty contract as
one means of satisfying the industrial accident board as to the
security of pajrments. The reports of the board indicate, however,
that the system is competitive in practice, and that approved private
companies are admitted to do business in the State.
A sort of State mutual system, supervised by the State but man
aged by the employers, is provided for in 3 States (Kentucky, Massa
chusetts, and Texas), but these are, in effect, only private compet
ing organizations.
SCOPE OR COVERAGE
No law undertakes to cover all employments. Various restrictive
provisions are employed, the most important numerically being the
exclusion of agriculture and domestic service. Interstate commerce
is exempt by reason of the exclusive action of Congress, though its
law creates liability, and docs not provide compensation. Laws that
apply only to “ hazardous” or “ extrahazardous” employments ex
clude others, thereby distinguished as “ nonhazardous.” Casual em
ployments are usually exempted, and those not for gain frequently.
HAZARDOUS EMPLOYMENTS
States whose laws apply only to hazardous employment are 12
in number—Illinois, Kansas, Louisiana, Maryland, Missouri (when
there are less than 10 employees) Montana, New Hampshire,
New Mexico, Oklahoma, Oregon, Washington, and Wyoming. Enu
meration is made in the laws, out it is not complete in several, a
blanket clause being used in some, while in others the commission
or board may make additions. The principal industrial employ
ments, with the exception of interstate transportation, are uniformly
included in these lists.
NUMERICAL EXEMPTIONS
Employers of less than a stipulated number of employees, are
exempt from the operation of the laws of 23 States. Voluntary
acceptance is generally provided for, as is the case in regard to
employments not classed as hazardous. The following table shows
62
W O R K M E N ^ COMPENSATION LAWS— UNITED STATES
the list of States in which the number of employees determines
coverage:
T able 2.—STATES MAKING NUMERICAL EXEMPTIONS, BY MINIMUM
REQUIREMENTS
Employers are exempt who have less than—
2 em
ployees
(I)
Oklaho
ma.
4 emptogas
3 em
ployees
(6)
6 employees
(0)
Arizona.
Colorado.
Kentucky. New Mex
Ohio.
ico.
New York.1
Texas.
Utah.
Wisconsin.
Alaska.
Connecticut.
Delaware.
Kansas.
New H am p
shire.
Tennessee.
6 employees
10 em-
* ir
11 em
ployees
(2)
Maine,
Georgia. Vermont.
llh ode Is Missouri. Virginia.
land.
16 em
ployees
(1)
Alabama.
i Numerical exemption applies only in case of nonhazardous employments.
AGRICULTURE AND DOMESTIC SERVICE
The exclusion of agriculture is universal among the compensation
laws of the United States except in Hawaii and New Jersey; and of
domestic service except in New Jersey. Voluntary acceptance of the
laws in these occupations is quite generally provided for, though in
some cases it appears that their exclusion is intended to be absolute.
Threshing grain, etc., is specifically included in Kentucky, Minnesota,
and South Dakota (separate act).
PUBLIC EMPLOYMENT
Employees in the service of the State and its subdivisions and
municipalities are included generally in 27 States; in several of these
the inclusion is compulsory where the law is elective as to private
undertakings. The States are: Arizona (if receiving not over
$2,400), California, Colorado, Connecticut, Hawaii, Idaho (if receiv
ing not over $2,400), Illinois, Indiana, Louisiana, Maine, Michigan,
Montana, Nebraska, Nevada, New’ Jersey (if receiving not over
$1,200), New York, North Dakota, Ohio, Oregon, Pennsylvania,
Porto llico, Rhode Island, South Dakota, Utah, Virginia, West Vir
ginia, and Wisconsin.
In 13 States there is a partial inclusion of public employees (Ala
bama, Delaware, Georgia, Iowa, Kansas, Kentucky, Maryland,
Massachusetts, Minnesota, Oklahoma, Vermont, Washington, and
Wyoming).
Public employees are excluded in six States (Alaska, Missouri,
New Hampshire, New Mexico, Tennessee, and Texas) though in
Missouri and Tennessee the law authorizes an affirmative accept
ance of its provisions by the State, its counties and municipal
corporations.
OTHER EXCLUSIONS
Employees whose employment is but casual and (sometimes “ or ” )
not in the usual coarse of the employer’s trade or business are quite
generally excluded, while outworkers are mentioned in a few laws.
Exclusion of employees receiving above a designated wage or salary
is provided in a few States as follows: Hawaii ($36 per week),
Missouri ($3,600 per year), North Dakota (executive officers receiv
COMPARISON OP SYSTEMS
63
ing more than $2,400 per year), Porto Rico ($1,500 per year),
Rhode Island ($3,000 per year), and Vermont ($2,000 per year).
The abrogation of the common-law defenses in suits against non
electing employers does not apply to logging operations under the
law of Maine. Clerical and other occupations not subject to the
hazards of the employment are excluded in a few States.
OCCUPATIONAL DISEASES
No law in its original enactment made specific provision for com
pensating occupational diseases. The dominant idea of accident has
given way by degrees, however, until at the present time 12 States
and the Federal Government provide compensation, either for oc
cupational diseases generally or for designated diseases of this class.
The Federal statute and that of North Dakota include under the
term “ injury” any “ disease proximatelv caused by the employ
ment” ; while that of California compensates for “ any injury or
disease arising* out of the employment.” The other laws are generally
more restrictive in their terms. The States recognizing occupa
tional diseases as entitled to compensation are California, Connecti
cut, Hawaii, Illinois (in certain employments, by separate act),
Massachusetts (by court decision), Minnesota (list), New Jersey
(list), New York (list). North Dakota (list), Ohio (list), Porto Rico
(list), Wisconsin, and the United States. The law of Kentucky also,
by recent amendment, includes “ injuries or death due to the inhala
tion in mines of noxious gases or smoke, commonly known as 4bad
air,’ and also shall include the injuries or death due to the inhalation
of anv kind of gas.”
ELECTION
In 22 of the 32 elective States, election is presumed in the absence
of active rejection, this presumption affecting both employer and
employee. In 10 States the employer must take positive action, but
if he acts the employee’s acceptance is presumed, except in Kentucky,
where he must sign an acceptance. In 7 of these (Kentucky, Maine,
Michigan, Montana, Nevada, New Hampshire, and Rhode Island)
acceptances are filed with designated State authorities; while in the
other 3 (Massachusetts, Texas, and West Virginia) the act of insur
ing signifies election.
Inducement to election is offered by the abrogation of the commonlaw defenses where the employer rejects the law, and by continuing
them in effect where a rejecting employee sues an employer who has
accepted it. Exceptions to this are the laws of New Jersey and Penn
sylvania, which abrogate the defenses absolutely, without regard to
the acceptance or rejection of the act.
SUITS FOR DAMAGES
Actions for damages are generally forbidden where both parties
have accepted the act, but in New Hampshire (an elective State)
the employee may, after his injury, choose which remedy he will
pursue. Where, under an elective law, the employer has acceptd
the act, a rejecting employee may sue, but the employer retains the
common-law defenses, except in New Jersey and Pennsylvania. Upon
failure of an employer to provide the insurance required by the act
64
w o rk m en 's
COMPENSATION LAWS— UNITED STATES
or his default in premiums, the employee majr, in 24 States,0 bring
action for damages witli the common-law defenses removed. Suit
may be brought also in 9 States 7 if there is “ i n t e n t o r “ deliberate
intent ” on the part of the employer to injure, or if the injury is due
to his gross negligence or willful misconduct. No suits are permitted
in 16 States.8
WAITING TIME
Most laws require a minimum duration of disability as a condition
to the payment of compensation benefits. This does not apply to
medical and hospital relief, which is to be provided at once. Two
States require no waiting time. Conflicting provisions of the South
Dakota statute call for 10 days’ waiting time on the one hand, and
for compensation from date of injury on certification of disability on
the other. In practice the latter provision is said to prevail.
In several States the waiting time is compensated for if the dis
ability continues for a specified term; or a part may be taken up in
each of certain consecutive weeks until all is compensated for.
The following table shows the waiting time required in each State:
also the number of weeks of disability required for the payment oi
compensation from date of injury, shown in the figure in parenthesis
following the name of the State:
T abij: 3.— WAITING TIME REQUIRED BY EACH STATE, AND TERM REQUIRED FOB
FULL PAYMENT
No waiting time
(2)
3 days
(5)
Oregon.
South Dakota.*
Maryland.
Missouri (4).
Utah.
■Washington.
United States.
5 days
(1)
Oklahoma.
!
i
1
!i
l week
(31)
10 days
(4)
Alaska (8).
Arizona (2).
California.
Connecticut (4).
Georgia.
Hawaii.*
Idaho.c
Illinois (4).
Indiana.
Kansas.
Kentucky.
Louisiana (6).
Maine.
Massachusetts (4).
Michigan (0).
Minnesota (4).
Nebraska (0).
Nevada (1).
New Hampshire
(i).
New Jersey (7).
New York (7).
North Dakota (1).
Ohio.
Porto Rico.
Rhode Island (4).
Tennessee (6).
Texas.
Vermont.
West. Virginia.
Wisconsin (3).
Wyoming (3).
Colorado.
Now Mexico.
Pennsylvania.
Virginia (6).
2 weeks
(4)
Alabama (4).
Delaware (4).
Iowa.Montana (6).
* By administrative construction of conflicting provisions.
* From first day of disability in case of partial disability, but no adjudication until after two weeks.
« One-third taken up in each of fifth, sixth, and seventii weeks of disability.
*From date of injury in case of permanent partial disability; in other cases, one-third is taken up in each
of fifth, sixth, and seventh weeks of disability.
0 Arizona, California, Connecticut, Delaware, Indiana. Iowa, Kentucky, Maryland, Mich
igan. Montana, Nebraska, Nevada, New York, North Dakota, Ohio. Oklahoma. Oregon,
Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, West Virginia, and Wyoming.
7 Arizona, Kentucky, Maryland, Oregon, Porto Rico, Texas, Utah, Washington, and
West Virginia.
8 Alabama, Alaska, Colorado, Hawaii, Idaho, Illinois, Kansas, Louisiana, Maine, Mas
sachusetts, Minnesota, New Jersey, New Mexico, Vermont, Virginia, and Wisconsin.
COMPARISON OF SYSTEMS
65
COMPENSATION SCALE
The amounts actually payable under the acts are determined by
three factors, the rate (usually a percentage of the wages), term, and
(in most States) a fixed maximum weekly or total payment, or both.
PER GENT OF WAGES
In all but two States (Washington and W yom in g) the amount of
compensation is based upon wages. A few States, however, provide
fixed lump sums or pensions for certain injuries, but apply the per
centage system to all others. In most of the States the prescribed
percentage remains uniform for all injuries. A few States have
varying percentages for different types of injuries, and in several the
percentage varies with conjugal condition and number of children.
Using as a basis th? rates for temporary total disability, it appears
that 50 per cent of the employees’ wages is allowed in compensation
in 16 States (Alabama (60 per cent if two or more children), Alaska.
Colorado, Connecticut, Delaware, Georgia, Illinois (65 per cent ir
three or more children), Montana, New Hampshire, New Mexico,
Oregon (40 to 66% per cent, according to number of dependents),
Porto Rico, Rhode Island, Tennessee, Vermont, and Virginia); 55
per cent in 3 States (Idaho (increased 5 per cent for each child,
total payments not over $16 weekly), Indiana, and South Dakota);
60 per cent in 8 States (Hawaii, Iowa, Kansas, Michigan, Nevacla,
Pennsylvania, Texas, and U tah); 65 per cent in 5 States (Arizona,
California, Kentucky, Louisiana, and Wisconsin) ; and 66% per cent
in 12 States (Maine, Maryland, Massachusetts, Minnesota, Missouri,
Nebraska, New Jersey, New York, North Dakota, Ohio, Oklahoma,
and West Virginia), and also under the Federal statute.
MAXIMUM TERM AND AMOUNT
It is obvious that the reduction of a workman’s income by onehalf, or even by one-third, the most liberal percentage provision,
leaves a large proportion of his loss uncompensated. But to restrict
further the burden on the employer, even though it transfers it
necessarily to the injured employee and his family, the term of pay
ment is not fixed by the period of disability in most States, but by an
arbitrary maximum; death benefits likewise rarely continue for the
period of their probable need.
The following table shows for the various States the maximum
period and amount of benefits in case of death, permanent total dis
ability, and partial disability. The limitations are in many cases
more restrictive for temporary total disability than for permanent
total disability, though, where the latter is compensated for life,
the former is*as a rule compensated during its continuance. In a
few cases the rates for temporary disability are higher than for
permanent disability. The provisions as to partial disability here
reproducer] are distinct from those contained in the schedules found
in most iaws.
66
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
T a b le 4.—MAXIMUM PERIODS AND MAXIMUM AMOUNT OF COMPENSATION PAY
ABLE IN CASE OF DEATH, PERMANENT TOTAL DISABILITY, AND PARTIAL DIS
ABILITY
Death
Permanent total
disability
Partial disability
Weeks Amount
Weeks
State
Weeks
Alabama...
Alaska.......
Arizona___
California..
Colorado...
Connecticut...
Delaware___
Georgia..........
Hawaii...........
Idaho.............
Amount
800
$5,000
7,800
Death or remarriage.
___ 1
6,000
312
8,750
312 ._________
*285 1................ .
300
5,000
312
5,000
400
Illinois.. . . —
Indiana.......
Iowa............
Kansas........
Kentucky...
300
300
Louisiana_____
Maine............ Maryland........
Massachusetts.
Michigan.........
300
300
416
500
300
335
4,350
5,000
8,800
4,000
4.000
0,000
4.000
550
Life.
Life.
Life.
520
475
350
312
Life.
Life.
500
400
416
416
400
500
Life.
500
500
$5,000
7,800
4.000
5.000
5.000
5,000
6.000
8,000
Life.
4300
500
Life.
Life.
300
New Jersey___
New Mexico...
New York.......
North Dakota.
Ohio................
•300
300
Death or remarriage.
Death or remarriage.
416 |
6.500
400
520
Life.
Life.
Life.
Oklahoma.......
Oregon.............
Pennsylvania..
Porlo Rico.......
Rhode Island..
Not covered.
Death or remarriage.
•300 ..................
4,000
300
COO
Life.
500
3,000
Life.
550
401
Life.
260
3.000
500
Lifo.
Life.
4,500
Virginia...........
Washington....
West Virginia..
Wisconsin........
Wyoming........
United States..
400
300
312
260
5,000
3.500
300
4,500
Death or remarriage.
Death or lemarriage.
...............I
5,600
...............!
5,600
Death or remarriage.
1,000
Lifo.
520
285
300
312
150
416
300
225
416
335
5.000
4.000 During disability.
500
7.000
Death or remarriage.1
300 I..................
400 ..................
350 |..................
Death or remarriage.
South Dakota..
Tennessee____
Texas..............
Utah................
Vermont..........
800
During disability.
1240
During disability.
6,000
Minnesota-------Missouri.............
Montana.............
Nebraska............
Nevada...............
New Hampshire.
500
Amount
10,000
3,120
5,000
4.000
3,750
4,000
300
100
150
300
260
500
150
During disability.
During disability.
During disability.
5.000
4.000
5.000
6.000
4,000
8,000
300
104
300
300
312
300
300
312
300
340
During disability.
During disability.
3.500
‘ 3,"750
2,000
5,000
2,400
1,500
>For life if 70 per cent or more disabled.
•To orphans or abandoned children till 16.
•Maximum $7,500.
•Then 25 per cent of annual earnings for life.
•To minor dependents till 16.
There is quite apparent a tendency to recognize the greater eco
nomic loss in case of a permanent total disability than in ease of
death. Death benefits continue in eight States9 and under the Fed
• Arizona, Minnesota, Nevada, Now York, North Dakota, Oregon, Washington, West
Virginia.
COMPARISON OF SYSTEMS
67
eral law for life or until remarriage, while 18 States10 and the
Federal Government pay life benefits for permanent total disability.
The significance of the latter provision is qualified in a few States
by the limitation on the total amount payable, as $3,000 in South
Dakota and $3,000 in Maryland. Measured by the.se, the $10,000
fixed in Minnesota has the merit of comparative liberality, but its
provisions would be exhausted in 500 weeks at the maximum allowed
rate of $20 per week. This period is equaled in eight other States11
establishing limitations and exceeded in four.J2 Hut here again a
comparative liberality in term of payment is affected by the maximum
amount payable, which does not exceed $5,000 except in two States
($6,000 in Maine and $7,000 in Michigan).
Except in two States,18 death benefits are a percentage of the em
ployees’ wages; in six there is the requirement that the total shall
not exceed three or four years’ earnings.14 Minimum periods are 260
weeks (Vermont) and 285 weeks (Delaware). Thirteen States ** pay
for 300 weeks, seven10 for from 312 to 360 weeks, and six17 from 400
to 500 weeks. In Delaware, New Jersey, and Pennsylvania payments
to certain minors continue to the age of 16, regardless of the expira
tion of the period fixed.
WEEKLY MAXIMUM AND MINIMUM
Another leveling feature of most laws is the establishment of a
weekly maximum and minimum. The former may prevent the
higher paid employee from securing the full proportion of his earn
ings that the percentage provision would indicate, while the mini
mum named is often affected by a qualification that if the wages
received are less than such minimum the amount of the actual wages
shall be paid as a benefit. The result of the various restrictions has
been computed as placing upon the injured worker about 50 per cent
of the burden of industrial accidents in the most favorable States
and from 65 to 80 per cent in those less favorable.
In most cases the actual maximum and minimum payments are
named, but in a few it is the basic wage that is noted, payments being
computable therefrom. No maximum or minimum provision is fixed
in two States (Alaska and Arizona). Under the provisions for tem
porary total disability five States18 have a maximum of $12, two19
10 Arizona, California, Colorado, Idaho, Illinois, Maryland, Minnesota. Missouri. Ne
braska, Nevada, New York, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington,
West Virginia.
11 Indiana, Maine, Massachusetts. Michigan, Oklahoma, Pennsylvania, Rhode island,
Virginia.
1SAlabama, Connecticut, New Mexico, Tennessee.
13 Alaska and Wyoming.
14 Tiii'oo years, mi California, Kansas, New Hampshire; four years, in Illinois, South
Dakota, Wisconsin.
13 Alabama, Georgia, Indiana, Iowa, Louisiana. Maine. Michigan. Missouri. New Jersey,
New Mexico, Pennsylvania, Uhodc Island, and Virginia.
10Colorado, Connecticut, Hawaii, and Utah, Jill! weeks; Kentucky,
: Nebraska :550;
Texas, 300.
11 Idaho, Montana. Tennessee, 400 weeks; Maryland and Ohio, 41G; Massachusetts, 500,
18 Colorado, New Mexico, Pennsylvania, Tennessee, Virginia.
» Indiana, $13.20; Michigan, $14.
68
W O R K M E N ^ COMPENSATION LAWS— UNITED STATES
of over $12 and under $15. twelve20 of $15, five31 of $10, one22 of $17,
three23 of $18, while twelve24 permit amounts above $18 per week.
Monthly maximums are prescribed in Nevada ($72), Oregon ($97),
Wyoming ($90), and by the Federal law ($66.67).
PARTIAL DISABILITY
Temporary partial disability is usually compensated for by the
payment of a fixed percentage of the wage* loss, the term and amount,
both weekly and total, being limited. The term and maximum
amount fixed by the various statutes are presented in the table on
page 66.
Permanent partial disabilities are dealt with in two ways—one by
paying a percentage of the wage loss, the other by payments for fixed
periods for specified injuries. The two methods* exist side by side in
most States^ all the laws but that of New Hampshire and the Federal
statute having schedules of greater or less fullness, while injuries
not included therein are compensated on a percentage basis. In all
but three States the schedule payments are weekly amounts based
on wages; while in these three (Alaska, Washington, and Wyoming)
the payments are fixed sums. In Wisconsin weekly periods are fixed
only for “ lesser permanent partial” injuries, major injuries being
compensated on the basis of percentage of permanent total disability.
Schedule provisions may provide lor payments in addition to the
period of total disability (healing period), or they may cover the
entire allowance for the injury other than medical aid. Such pay
ments are exclusive in 19 States,26 and are in addition to the healing
period in 25.2tt In Massachusetts compensation is paid for the term
of total disability, and also for partial disability after the schedule
period; the same is true in Rhode Island, subject to a maxi mum term
of BOO weeks. In Maine the schedule payment is in lieu of temporary
total disability payments, but subsequent partial disability is compen
sated to extend not more than 300 weeks from the date of the injury.
In New York the schedule payments are normally in lieu of all other
payments, but if the period of temporary total disability is pro
tracted bevond designated periods, the scliedule period is’ extended
correspondingly. In Georgia a uniform period of 10 weeks is al
lowed as healing time.
The following table shows the number of weeks’ payments pro
vided by the laws of the several States for the injuries specified:
90 Alabama. Delaware. Georgia, Iowa, Kansas, Kentucky, Montana, Nebraska. Now
Hampshire, Porto Rico, South Dakota, and Vermont.
21 Idaho. Massachusetts, Rhode Island, Utah, West Virginia.
22 New Jersey.
“ Maine. M a ryla n d, and Oklahoma.
“ Wisconsin, $18.20; Ohio, $18.75; Illinois, $19; Hawaii. Louisiana, Minnesota, Mis
souri, New York, North Dakota, ai d Texas, $20; California, $20.83; Connecticut, $21.
» Alabama, Alaska, California, Delaware, Indiana, Iowa, Kansas. Kentucky, Louisiana,
Michigan, Missouri, Montana, New York. Oklahoma, Pennsylvania, Tennessee, Texas,
West: Virginia, and Wisconsin.
20 Arizona, Colorado, Connecticut, Georgia, Hawaii, Idaho, Illinois, Maryland, Massacl'usetts, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, North Dakota, Ohio,
Oregon, Porto Rico, Rhode Island, South Dakota* Utah, Vermont, Virginia, Washington,
and Wyoming.
69
COMPARISON OP SYSTEMS
T a b le 5.—NUMBER OF WEEKS FOR WHICH COMPENSATION IS PAYABLE FOR SPECI
FIED INJURIES IN THE SEVERAL STATES
Loss of—
State
In Mid
LitArm
dex dle Ring! tie
(at
fin
shoul Hand Thumb fin fin fin
ger ger ger ger
der)
60 35
65 39
*42 *34
35 18
38 38
60 35
30 20 15
30 22 17
<25 *25 *16
13
7
9
30 25 20
30 20 15
Sight Hear Hear
Other of
ing, ing,
Foot Oreat
toe
too one one both
eye ear ears
w
AJa.i.......... 200
Ariz.*_____ 260
Calif.*........ •246
Colo.*____ 208
Conn.*____ 208
Del.*.......... 104
150
217
*180
J04
156
158
Oa.*...........
Hawaii*...
Idaho1___
111.*............
lnd.i_____
200
312
200
200
250
150
244
1E0
150
200
60
60
30
60
60
35
46
20
35
40
30
30
15
30
35
20
25
12
20
30
15
15
9
15
20
175
288
180
175
200
125
205
125
125
150
30
38
15
30
60
10
10
6
10
20
100
128
100
100
150
Iowa *__. . .
Kans.*.......
Kv.i..........
La.1...........
Mo.«..........
225
210
200
200
150
150
150
150
150
125
40
60
60
50
50
30
37
45
30
30
25
30
30
20
25
20
20
20
20
18
15
16
15
20
15
200
200
200
175
150
125
125
125
125
125
25
30
30
20
25
15
10
10
10
10
100
110
100
100
100
50
25
150
100
Md.*..........
Mass.*____
Mich.1
Minn.* . ...
Mo.*..........
Mont.1. . . . .
200
50
200
200
23$
200
150
50
150
175
175
150
50
12
60
60
60
30
30
12
35
35
45
20
25
12
30
80
35
15
20
12
20
20
35
12
15
12
15
15
22
9
175
50
175
200
207
200
150
50
125
150
150
125
25
12
30
30
40
16
10
12
10
10
14
6
100
50
100
100
118
100
50
100
52
44
156
168
120
Nebr.*... ..
Nev.* ...
N. J.*.........
N. Mex.*___
N. Y.«.......
225
260
200
150
312
175
217
150
110
244
60
65
60
30
75
35
39
35
20
46
30
30
30
15
30
20
22
20
10
25
15
17
15
12
15
215
217
175
140
288
150
173
125
100
205
80
80
30
15
38
10
11
10
8
16
125
108
100
100
160
50
87
40
35
100
260
160
135
150
N. Dak.*...
Ohio * .......
Okla.1. . . . . .
Oreg.*........
Pa.i............
312
200
250
416
215
260
150
200
329
175
60
60
60
104
60
42
35
35
69
35
86
30
30
39
30
24
20
20
35
20
18
15
15
26
15
286
175
175
381
215
208
125
150
277
160
38
30
30
43
16
10
10
17
130
100
100
173
125
156
410
R. I.*
S. Dak.*....
Teiiii.1.......
Tex.1..........
Utah *
100
200
200
200
200
75
150
150
150
150
25
50
60
60
30
15
35
35
45
20
12
30
80
80
15
12
20
20
21
12
12
15
15
15
9
100
160
175
200
180
75
125
125
125
125
12
30
30
30
15
12
10
10
10
6
75
100
100
100
100
Vt.*............
Va.*...........
W. Va.1___
Wis.i..........
170
200
240
140
150
200
40
60
80
25
35
40
85
20
80
28
25
15
20
20
15
10
15
20
16
170
175
240
120
125
140
20
30
40
25
10
8
16
8
100
1G0
132
175 125
217 170
*206 * 166
208 104
182 130
194 135
30
10 100
30
11 108
*34 . . . . . . * 125
104
18
13 104
38
30
10 113
87
160
260
35
52
139
150
60
35
150
312
115
100
150
150
43
50
170
1 Payments under this schedule are exclusive of or in lieu of all other payments.
* Payments under this schedule are in addition to payments for temporary total disability during the
healing period.
1 Compensation varies with occupation and age. Figures given are for laborer, 45 years of age.
« Payments cover total disability. Partial disability based upon wage loss may be compensated at end
of periods given for not over 300 weeks in all.
^ * Payments unless this schedule are in addition to payments for temporary total and permanent partial
• In lieu of other payments unless period of temporary total disability exceeds fixed periods for each class
of injury.
MEDICAL BENEFITS
All compensation States now provide medical benefits. In 9
States27 and under the Federal law neither time nor amount is
limited. The period is without limit in 8 other States which limit
* California, Connecticut, Hawaii, Idaho, Nebraska, New York, North Dakota, Porto«
Rico, and Washington.
70
W O R K M E N ^ COMPENSATION LAWS— UNITED STATES
the amount, while the time but not the amount is limited in 11
States. However, time or amount or both may be increased in the
discretion of the commission in 19 States, so that there are but 9
States28 in which both items are absolutely restricted.
The provision is generally without cost to the workman, but in
Alaska the employer may deduct $2.50 per month, in Arizona and
Nevada, one-half the cost, not over $1 per month, and in Washing
ton one-half the cost, from the employee’s wages to maintain a
medical fund.
The following table presents the facts in more detail:
T a b le 6 .-M A X IM U M
PERIODS AND AMOUNTS OF MEDICAL SERVICE UNDER
VARIOUS COMPENSATION LAWS
State
Maximum
period
Alabama..................
Alaska......................
Arizona....................
California..............
Colorado..................
Connecticut............
Delaware________
Georgia....................
Hawaii.....................
Idaho..........................
Illinois..................
Indiana.................
Iowa......................
Kansas............. .
Kentucky............
Louisiana.............
Maine...................
M aryland............
Massachusetts__
Michigan.............
M inncsota...........
Missouri...............
Montana..............
Nebraska.............
60 days___
1 year.........
90 days
Unlimited.
60 days......
Unlimited.
30 days
.......d o ■___
Unlimited.
.......do........
8 weeks *...
30 days * ...
4 weeks.. . .
60 days.......
90 days1. . .
Unlimited.
30 days
Unlimited.
2 weeks *...
90 days.......
.......d o 1----60 days >...
6 months...
Unlimited.
Maximum
amount
$100
Unlimited.*
Unlimited.9
Unlimited.
200
Unlimited.
MOO
100
Unlimited.
Unlimited.
1200
Unlimited.
> 100
150
i 100
250
»100
500
Unlimited.
Unlimited.
Unlimited.
250
500
Unlimited.
State
Maximum
period
Nevada......................
New Hampshiro___
New Jersey.............
New Mexico...........
New York...............
North Dakota........
Ohio..........................
Oklahoma...............
Oregon.....................
Pennsylvania.........
Porto Rico..............
Rhode Island...........
South Dakota........
Tennessee................
Texas........................
Utah.........................
V erm on t................
Virginia........ ..........
Washington............
West Virginia____
Wisconsin...............
Wyoming................
United States.........
6 months
14 days........
Unlimited..
10 days...... .
Unlimited..
...... do........ .
do.
60 days *__
Unlimited..
SOdays........
Unlimited..
8 weeks___
12 weeks....
30 days........
4 weeks1__
Unlimited..
2 weeks___
60 days...... .
Unlimited a.
do.
90 days1__
Unlimited..
.......do........
Maximum
amount
Unlimited.*
Unlimited.
»$100
150
Unlimited.
Unlimited.
>200
>100
U00
1250
Unlimited.
150
150
100
Unlimited.
1500
100
Unlimited.
Unlimited.
800
Unlimited.
300
Unlimited.
i Additional sorvice in special cases or at discretion of commission.
* Employees contribute.
ADMINISTRATION AND SETTLEMENT OF CLAIMS
The desirability of an administrative agency charged specifically
with the supervision of the compensation laws is recognized by all
but nine States20 having such laws. In these States the agreements
between the parties may be without supervision, or there may be
provision for approval by the court (commissioner of labor in Ithode
Island). Disputes are settled by the courts, though arbitrators are
provided for in Kansas. Summary procedure is generally directed,
but a jury trial may be demanded in certain cases. Appeals to
courts, usually limited to questions of law, are provided for in
practically all jurisdictions.
ACCIDENT REPORTING AND PREVENTION
Nothing is more striking in connection with the subject of accident
reporting than its lack of uniformity. The importance of complete
28Alabama, Colorado, Kansas, Montana, New Mexico, Rhode Island, South Dakota,
Tennessee, and Vermont.
20Alabama (limited supervision by compensation commissioner), Alaska, Kansas,
Louisiana, New Hampshire, New Mexico. Rhode Island (commissioner of labor exercises
certain functions), Tennessee and Wyoming (fund is supervised by State treasurer).
COMPARISON OF SYSTEMS
71
reports, showing causes, nature, severity, and costs has been too
little recognized, even among those charged with the administration
of the laws; while the employer has been too prone to minimize or
disregard the occurrence of accidents except as an unfortunate inci
dent and a possible source of an action for damages. The necessity
of securing complete data for purposes of safety engineering, as well
as for the determination of fair and adequate insurance rates is,
however, gaining recognition, but much yet remains to be done before
actually comparable reports from the various States are available.
Only 21 States80 call for reports of all accidents, while 9 require
reports of those causing disability of one day 31 or more than one
day.™ Other periods prescribed are: More than two days, Penn
sylvania: one week, Georgia (or requiring medical, etc., aid) and
Rhode Island; more than one week, Illinois and Virginia; 10 days,
Colorado; and over two weeks, Alabama. In four States83 reports
are to be made as directed or required by the authorities. The
States84 whose compensation laws contain no provisions for reports
of accidents have other laws on the subject, limited, however, to
coal mines, except in Louisiana, which requires reports of accidents
causing disability of two weeks or more where women and children
are employed. In Tennessee, besides the reports by coal operators
in the State fund, mine operators generally and employers in mills,
factories, etc., must report, the former to the chief mine inspector,
and the latter to the inspector of factories and workshops.
Existing deficiencies in the compensation laws in regard to acci
dent reporting and prevention are offset to some extent by the fact
that most States, and in particular those of industrial importance,
have inspection agencies for factories, mines, etc., which are charged
with duties of prevention, chiefly by way of enforcing safety statutes,
though some may also prescribe standards. Though some develop
ment appears in the direction of combining compensation adminis
tration with the enforcement of labor laws generally, the present
situation is one of distributed rather than consolidated responsibility.
However, the agency that administers compensation laws is also
given certain powers as to safety devices, at least of inspection, in 18
States.85
NONRESIDENT ALIEN DEPENDENTS
The reopening of the question of discriminatory treatment of alien
nonresident dependents came with the enactment of compensation
laws. The rule had become almost universal under the liability
system, that they should have the same status as residents or citizens
of the States; but of the 22 State compensation laws on the statute
books at the close of the year 1913 nearly one-third (7) made dis
criminations unfavorable to such claimants, while in 1916, of 35
80Arizona, California (involving time loss or medical aid), Delaware, Maine, Maryland,
Massachusetts, Michigan, Montana. Nevada, Now Jersey, New York, North Dakota, Ohio,
Oklahoma, Oregon, Porto Uico, South Dakota, Tennessee (in coal mines in State fund),
Utah, Washington, Wisconsin, and Wyoming.
81 Connecticut, Hawaii, Idaho, Minnesota, and Vermont (or requiring medical aid).
^Indiana, Iowa, Kentucky, and Texas.
* Kansas, Nebraska, New Hampshire, and West Virginia.
MAlaska, Arizona, Louisiana, and New Mexico.
* Arizona, California, Colorado, Hawaii, Idaho, Indiana, Maryland, Montana, New
Jersey. New York, North Dakota, Ohio, Oregon, Pennsylvania, Utah, Vermont, West
Virginia, and Wisconsin.
72
w o r k m e n ' s COMPENSATION LAWS— UNITED STATES
States nearly one-half (17) effected discriminations. At the pres
ent time, of 46 States 27 have provisions more or less discriminatory,
so that an increasing tendency in the direction of less favorable
treatment is recognizable. This may be by way of exclusion (4
States80), reduced benefits (17 States87), permitting commutations
to lump sums in reduced amounts (3 States88), restricting possible
beneficiaries to persons of designated relationship, a provision that
may exist alone or in connection with reduced benefits (10 States39),
or the presumption of dependency may be destroyed (California).
In 8 States,40 nonresident aliens are placed on the same footing as
residents, while in 1041 they are not mentioned. In 4 of these latter
(Indiana, Massachusetts, North Dakota, and Rhode Island) they
have been included by administrative or court action, as is the oase
with the Federal employees’ statute.
A number of States except residents of Canada from their dis
criminatory provisions, or declare such provisions subject to conflict
ing terms of any treaty, or deny ail benefits to aliens whose national
laws would exclude citizens of the United States in like circum
stances.
The Supreme Court of Kansas held a provision of the State law
that limited benefits to $750 except to residents of Canada to be in
conflict with the treaty with Italy, and also with the equal protection
clause of the fourteenth amendment, so that it could not stand ( Vietti
v . Fuel Co. (1921), 109 Kans. 179, 197 Pac. 881). An inferior court
of Pennsylvania found the law of that State restricting benefits to
two-thirds the normal award also in conflict with the treaty with
Italy, and therefore ineffective. The Supreme Court of the State
upheld the law, however (Liberato v. Royer (1924), 281 Pa. 227, 120
Atl. 257); and this decision was affirmed by the Supreme Court of
the United States (Id. (1926), 46 Sup. Ct. 373), on the ground that
the treaty dealt only with remedies for injuries and death due to
the employer’s negligence, a factor not involved in compensation
legislation; and as the act providing compensation is elective and
the workman had accepted, there was no conflict with the treaty in
question. A now abrogated provision of the law of New Jersey ex
cluded nonresident aliens, and was so enforced (Gregutis v. Waclark
Wire Works. 91 Atl. 98, 92 Atl. 354).
A conspectus of the items discussed in the foregoing pages is
given in the accompanying chart.
Alabama. Hawaii. New Mexico, and South Dakota.
37 Alaska. Arizona. Colorado, Delaware, Georgia, Idaho, Iowa, Kansas, Kentucky, Maine,
Montana, Neva<l-i, Pennsylvania, Utah, Virginia, Washington, and Wyoming.
88 Maryland, Nebraska, and N*?w York.
80 !>okivvaro, Kentucky, Maryland, Nebraska, New York, Oregon, Pennsylvania, Wash
ington. Wuxt Virginia, and Wyoming.
40Connecticut, Illinois, Michigan, Minnesota, Ohio, Tennesson, Texas, and Wisconsin.
41 Indiana. Louisiana, Massachusetts, Missouri, New Hampshire, New Jersey, North
Dakota, Porto Rico, Rhode Island, and Vermont.
PRINCIPAL FEATURES OF LAWS OF THE UNITED STATES RELATIVE TO WORKMEN'S UOMWSN?
ATj ON AND INSURANCE
[Chart Recited July X, 1926]
Compensation.beaef
Suits for damages
after election by
both employer and
employee
_______ K a a o . A i
Ag.23.191A. InefleCtJan. 1,
Elective, as to an employments having No provision— -------- Not required--------Alaika. Ch.JJL
A or more employees, except domestic
29, 1915. IncflcctJnly 2S, 1915.
service, agriculture, dairying, and
Amended, 1917. New act,-ch.
■common carrier TaUroads.
98,198. In effect Jtug. 2, 1923.
Amended, 1925.
must in
CompuUory, as to all establishments ImduAed, except dec* Employers
sure in State fund
tire offldals and
having 3 or more -workmen exocpt
orprivatocompanie*
those
with
over
form labor not using machinery and
or provide sdMn$2^00 salary.
domestic servants. Voluntary, as to
other employments.
1928.
Employers mustinCompulsory,
as
to
aU
Compulsory,
as
to
aU
employments
California. Ch. 399. Approved
sure in the State
•employees except
except form labor, domestic service*
Apr. 8,1911. In effect Sent 1,
fund or privatecom
deputy clerks, dep
And casual employees not in usoal
1911. New- act, «h. 176, 1913.
panies, or provide
uty
sheriffs,
and
course of employer's business. Jd Amended, 1915. Newaet,«h.
selMnsunncc.
•deputy constables
«ntory, as to excepted employments.
588,1917. In-efloet Jan. 1,1918.
serving
without
re*
1919,1923,1925.
numeration.
Apr. M, 1915. Incflect Aug.l,
1915. Amended, 1917, Jncw
net, A . 210,1919. Amended,
Connecticut. Q l 138. Approved May 29,1913. In-effect
Jan. L 1914. Amended, 1915,
1917,319,1921,1925.
TM wwi. Ch. 233. Ai
Apt. 2, 1917. In effect 2sn.l,
3918. Amended, 191* 1121,
TOW
Aug.;
192L
__
j __ ______ labor, domestic
service, and casual empbmees not in
usual course of employer’s tmrfness.
Voluntary, as to excepted employ
those'having TCguloriy less thus £
•emslmFoes, outworkers, and casual
•emptowes, not for purpose em
ployers trade or business. VWiuiiwjr, as to excepted employments.
•charities.
. ttUL R eflect ^nlyl.
Amended, 1917,1923.
formasto etheo.
£fac&e, at to all employments exoep CanpvUerff as to cmthose having less than 5 employees,
form labor, domestic sendee, out■workers, And casual employees not
In usual course of employer's onsifor fixed teem.
187. Approved Ebt& ot,a to all employments having
ectfisr.l,, W or mane emjfloyeM, except tlr-— —
not in the usual business of the <
plojer, t e n labor, domesticservice.
Qmnxuapcu
S S f f l corporaJZJZ
tfam wiH jnflmcnl
snbdM&msflfthe
I nuhlUl
Vctuatarjt** toexceptodl
Conpvborf, as to all Industrial em
ployments cairicd on far pin, ex
cept casual employees, those not in
usual course of employer's business,
and those receiving more than $36 a
week fromany one employer.
risk, fellow
Presumed in absence Presumed in absence Assumed
service, and contrib
of written notico
of written notice
utory
neRligencc,
served
on
employer
filed with United
unless willful or due
ftnd filed with
Statescommissioner.
to intoxication.
United States com
missioner.
Presumed In absence
of written notico to
employer, filedwith
emission.
in absence
CompuUory, as to fill Electing employers Presumed in absence Presumed
of written notice to
of written notice to
must insurclnState
employees except
employer
and to
commission;
notion
fund
or
private
elective officials and
commission.
of rejection to be
companies, or pro
xnembetsafNatJooal
P«ted.
vide
self-insurance.
Guard.
£bfSfee,asto£be State
and aU public oarparBUaus h av in g
regularly 5 or more
employees. IVUuh
CompttZMrf, as to an
employee except
elective oflWals or
employees receiving
more than $1£00 a
Waiting time
Per cent ofwages
weekly compensation
payments
Maximum period
Death
(а) Dependents
(б) No dependents
Permanent total disa- I (a) Expenses -til Oast si^noM tm!
20 to 60 per Maximum, $15. Mini
bility,55frweeks. Other
burial,jnuimum, $1J0;20to*
Approved s u b s t i t u t e Personal injuries by accident aris 2 weeks. None if dis Death,
mum, $3, or actual
cent! Disability,50
ability continues
ing out cm ind in oourso of em
300weeks.
I per cent of wages for not <we.
schemes p e r m it t e d .
wages.
to 00per-cent.
for4wetfks«rmore.
• 300weeks; maximum, $12 to Uf
ployment unless due to intoxi
Agreements for induction
minimum, 85, iff«tual wag?
cation, willful misconduct. In
of compensation benefits
tention to injure 6df or another,
total not over -$5,000. (ft) Fx
permitted if approved by
inflicted by third parly for per
pcDSQS of last sickness and bnri
court.
sonal reasons, or wSUtu failure
al, maximum, $100.
to use safety appliances, or obey
safety laws or rules.
Personal injuries by accident aris 1 week. None if dis 50 percent for temiK NoprorfcianNot permitted______ Walxws forbidden
rorytotal dlSHbffitj
ability eonlinucs for
r
16 and to dependent ^parent
ing out of or in the course of
fixed lump sums;
$ weeks or more.
employment unless dJij^ly due
n»umuui,
maximum,. S ijm . _ If. dngt
other cases.
$LS00toeadidepciidflat<partEt.
to intoxication or wnifiil int
(t)
VBI $195
f l W maximum
IIU M U U U IH lor burial <xtion to Injure self or another.
iwoses;
peases; $195 for other m
expense:
am
I between accident «nd death.
Burial
expesLses,
ndl
over
$120
Not fixed.
per Nopreridon^
Personal injuries fay ncddent aris 1 week. None if dis
1 15 to OH percent of
Permitted if employer Walras forbidden.
ability oontimses 2
deaxhorremarriaise.
(b)
Buna,
ing
out
of
or
in
the
course
of
foils to insure.
percent.
weeks.
expenses. $1S0 and $630 to a t*
employment, not purposely selfI habUitatiou fund.
___
inweted.
(d)
expenses, not o r e r f ®
Maximum, 92ILB3. Mini Permanent total disabfll- 1 85Burial
85 per cent----per
cent
of
wages
to
equd
3
Bfe.
Tempore—
Permitted if-employer Waivers forbidden.--------- Personal injuries arising out of 1 week_____
mum, $1.17.
years' annual earnings; msxH
and in thecourseof employment
“ ty, 210 weeks.
foils to insure risk.
mum, $5,000; minimuut, $1,800.
unless due to intoxication or in
db) Reasonable burial expenses;
tentionally self-inflicted; in
maximum, 8190.
cludes injuries toartlfidal limbs.
Occupational diseases Included.
risk, fellow Not permitted.----Prcsumed In absence Presumed in absence Assumed
service, and contrib
of written notice to
of written notice
utory
negligence,
employer and filed
fllcd with court and
unless employee is
with court.
posted In establish
guilty
of
willful
mis
ment.
conduct as defined.
EUdlte,tiS to emi .
Electhre, as to all emi—rf-----ecsof State, volun
those having less than 16 cm.
tary, as to employ
farm labor, domcstio service,
ees of county, dty,
casual employments not In usual
town, village, or
course of employer's business. VWschool district.
vntary, as to employments having
less than 10 employees.
Arisaoa. Ch. 14 (extra session).
Injuries covered
Injuries aeddmtally sus 10 days___ —
______ risk, feUow Not permitted--------- Waivers forbidden, but ap Personal
tained arising out of and in the
proved hospital fund may
service, and contrib
courseofemployment not Inten
be
maintained.
utory negligencenntionally self-inflicted.
x-a-d-------- -IwjwyjStSt'SaJsSS
80 per cent-----
Injuries arisingout ofand 1 week. None if dis 80 per cent.
ifemployer Approved scheme* may be Personal
ability continues
in course of employment unless
Ffcsumed in abscnce Presumed in absence Assumed risk, follow Permitted
substituted if benefits
fans
to
insure
risk.
longer than 4 weeks.
service,
and
con*
of
written
notice.
of written notice.
due to wUlful and serious mis
equal thoseofact. Physitributarynegligence.
conduct or intoxication. Occu
vale companies, or
caUy defective employees
pational
diseases
included.
provide self-hourmay waive right to com
pensation.
injuries by accident arte 2 weeks. None if dis Death, 16 to 60 per
Approved
s u b * * * * ® * 6 Personal
Ifemployer
cent. Disability, 50
ability continues for
tag out of and-in course of em^
employers Presumed in abscnce Presumed in absence Assumed risk, fellow Permitted
schemes permitted if bene
foils
to
insure
risk.
percent.
service,
and
con
4 weeks or mote.
of
written
notice
to
ployment unless due to wiUful
of printed notice to
most insure in prifits equal thoso of act.
tributory negligence.
employer and filed
intention
to
injure
self
or
an
employees posted
Waivers forbidden.
with board.
other, intoxication, failure to
in plant, and filed
prorlde aclf-insurnse safeguards, violation of law,
witnboard.
recklessness, or caused by third
party for
7 days_____
Waivers forbiddeq.
* of and in the course of employ
Presumed in abscnce Presumed in absence Assumed risk, fellow Not permitted____
service, and contrib
of written notice to
of written notico
ment, not including diseases e*
______ ______ j or pro
utory negUgenco.
employer, with copy
cept those restating from tbe
filed with the com
vide sdMnsnranee;
to commission.
mission and posted
accident nor injuries by third
the Jonns of poetics
In the
are subject to ap
proval by the comto injure self <» another, intoxi
cation, or willful failure to use a
safety appliance or observo law
P
e
<^ S ^ & e s by accident lweek. None in case Death, | _ t o 80
Not permitted_____ Waivers forbiddenof partial disability.
arising out of and in course of
employment unless due to wiU
Partial disability,
or
ful intention to injure self or
50 per cent.
another, or to intoxication.
alf-insunuwe.
Occupational diseases included.
Maximum, i$10. MW- Death, 312 weefe Per
manent total dlsabOity,
mum: Eteath, $5; disabil
life.
ity, $5, or actual wages.
Maximum, death, $l
disability, $21. Mir
mum, $5.
Death, 312 weeks. Disa
bility, 620 weeks.
Death: Weekly basic wage, Permanent total disabili
ty, c rs weeks. Others,
maximum, $30; mini
mum, $10. Disability:
Maximum, $15; mini
mum, $5, or actual
wages.
Total disability: Maxi Total d isability, 350
weeks; partial disabUity,
mum, $15; minimum,
or death, 3(K>weeks.
$4, or ftdl wagesif has
than $1. Partial daubQity, maximum, $12
weekly; for specified in
juries, same as for total
disability. Death, maxi
mum, $12.75.
Medical and surgical aid
Partial disabUity
Time for nollceanddalm
(e) By whom administered
(b) llow claims aro settled
Accident reports required
Acddcnt-prevention work
by—(a) Compensation
commission. (6) Other
agencies
Stato
(5)
(s) 50 to 60 per cent of wages for 50 to 80 per cent of wage loss during Reasonable mcdical, surgical, and Excluded__________ Notice to employer within [a) Courts; limited supervision by All electing employers must re (a) lo provision.
Chief mine Inspector.*
5 days; no compensation
port all accidents ofover 2 weeks'
compensation commissioner. (6)
hospital scrvice /or 60 daw
400 weeks; maximum, $12 to $15;
disability for not over 300 week:
if after 90 days. Claim in
disabUity to compensation com
minimum, $5, or actual wages;
Direct settlements between parties
maximum, $100; charges limited
maximum, $12 to $15. Spedfieu
missioner within 15 days; sup
lycar.
not over $5 thereafter for 150
to prevailing rates.
if in *'substantial" conformity with
injuries, 50 to GOper cent of wages
plementary report after 60 days
weeks in certain cases; total not
for fixed periods; maximum, $1!!
law; court may approve a less
or upon termination of disabUity.
over $5,000. <b) 50 to 60 per
to $15; minimum, $5, or actual
amount if in interest of employee.
cent of wages during disability;
Disputed cases settled by courts.
wages.
not over 300 weeks; maximum.
$12 to$15; minimum, $5, oractua
wages.
(a) $i,6S0, $1,560 additional if Lump sums based upon schedule Reasonably necessary medical, Three-fourths benefits. Notico in 120 days; claim In (a) Courts. (6) Voluntary agreement; No provision----------------- ------- (a) No commission. Cb] Alaska.
Mino Inspector (who is
2 years.
for permanent total disabUity pro
surgical, and hospital treatment
disputed cases settled by courts.
wife and $780 for each child un
also ex olfido labor com
for not over l year.
portioned to loss of earning cainouu
derjv.
16: uifi singlo, $780 for each
missioner).1
dependent parent; maximum,
fty^^maximum^$6,240. Spccfllnd
^7y800. Q) 50 per cent of wages
number of dependents; lumi
during disalability
’sums for certain disfigurements.
(a) 65 per cent of wages for lire. 65 per cent of wage loss during dis Medical, surgical, and hospital 60 per cent of normal i Injury to boreportedat once; (a) Industrial commission. 9) By Employers under tho act and at (a) Industrial commission. Arizona.
(t») Mine inspector.!
tending physldans must report
aid for 90 days; 1 year if commis
Q>) Bamefornot over 100 months;
benefits.
I claim in 1 year.
ability, for not over 60 months.
commission on application. Ap
sion directs.
SlOmonthlyadded if dependents
all injuries to workmen.
Schedule for specific injuries in
peal to supremo court.
addition to other payments.
in United States.
Notice in 30 days; claim In 6 (a) Industrial accident commission. AU employers, attending physi- (a) Industrial accident California.
Cs) 85 per cent of wagos for 240 If permanent, 65 per cent of wages Reasonable medical, surgical, and No presumption
commission, (b) Bu
months for disabUity, 1
hospital treatment.
dans, and insurers must report
for* periods proportionate to disa
weeks, then 40 per cent for life.
dependency.
(6) Voluntary agreement approved
reau of labor statistics.*
year for death, 2 years if
all injuries Involving time loss or
bUity, then reduced rotes for life
<b) «s tier cent of wages during
by commission; disputed eases re
any settlement for less
diaabUity; not over 210 weeks, • if 70 per cent or more disabled;
medical aid to industrial acd
ferred toone or more referees; review
if temporary, 63 per cent of wj ~
dcnt commission. Fatal Injuries
than a statutory award
norg years* earning^ nor $5,000.
by commission; rehearing In certain
loss during disability; not over: _
has not been approved by
must be reported immediately.
cases; appeal to courts upon ques
the commission.
weeks nor 3 years’ earnings nor
tions of law.
$5,000. Disfigurement compen
(a) Burial expenses not over $135;
sable.
50 per cent of wages for $ years (s) (ft) SOpercmtof wages during If permamcnt. a sum proportionate Reasonable medical, surgical, and One-fourth benefits__ Notice in 2 days; daim in (a) Industrial commission. Ob) Ad All employers must report aU (a) Industrial commission, Colorado
(ft) Department oflabor
hospital treatment /or 90 day*;
6 months; l year in case
compensable acddcnts within
to a total disabUity benefit, not
maximum, $12; m inimum^
disabUity; maxlinnm, $12; mini
mitted UabUity with statement of
and factory Inspection;
of death.
maximum, $200; no time limit
10 days to industrial commis
total not over $3,750. (6) Rea
mum, $% or actual wages.
amount may bo submitted to com
inspectors of coal mines;
sion.
in case of hernia; additional al
sonabls burial expenses; maxi
mission; no settlement final untU
bureau of mines.1
lowance for dental service, maxi
mum, $125.
approved; disputes heard by com*
mum, $100.
minimum, $5, or actual wages; all
mission, commissioner, or a referee:
in addition to temporary total.
review and court appeal provided
If temporary, 50 per cent of wage
for.
loss during disabUity: maximum,
$12; not over $K560 in alt. Dis(a) Burial expenses, $100; 50 pp
50 iier ocnt of wage loss during disa Suoh medical, surgical, or hospital Included..
Notico at once; daim in 1 (a) Board or 5 compensation commis Assenting employers must report (a) No provision, (ft) Do- Connecticut.
1 cent of wages for. 312 weele
jmrtment oMabor and
maximum, $18; minimum, $! ^disability, not over S o wseetaR
year; 2 years for duo causo
all injuries of 1 day's disability
bility, not over 520 weeks;
treatment as deemed reasonable
sioners Inchargeof separatedistricts,
weekly to compensation com
by attending physician; charges
shown.
weekly maximum, $21. Specified
maximum, $21; minimum, $5.
(5) Burial expenses, $100.
(d) Voluntary agreement approved
limited to prevailing rates.
Injuries, 50 per cent of wages for
missioner.
by commissioner; disputed cases
Special provision for seamen on
fixed periods; weekly maximum,
settled by commissioner; appeals to
United States vessels.
$21; minimum, $5; in addition to
courts.
temporary total.
(a) Expenses of last sickness an
burial, maximum, $100; 15 to t (a) (M 50 per cent of wages during
Reasonable mcdical, surgical, and One-half benefits; to Notice In 14 days; if in 30 (a) Industrial acddcnt board. Q>) AU assenting employers must re (a) Industrial accident Delaware.
board. (6) No provi
per cent of wages for 285 week
disabnity, not over 475 weeks;
hospital treatment for SO days:
port all accidents to industrial
days, not barred except as
_ J weeks; maximum, $15. Speci
widows and children
Voluntary agreement approved by
sion.
basic wage, maximum, $3
maximum, $15; minimum, $5,
acddent board within 10 days;
fied injuries, 50 per cent of wages
maximum, $100. Board may in
to extent employer was
only.
board; disputed cases settled by
minimum, $10. (6) Expensesor actual wages; total not over
supplementary report upon ter
for fixed periods; maximum, $15;
prejudiced; bar absolulo
crease timo and amount.
board after hearing; appeal to court.
last sickness and burial, mai
after 90 days. Claim in 1
mination of disability.
minimum, $5, or actual wages.
$4,000.
year.
mum, $100.
benefit for 300 weeks; week
maximum, $12.75; total not ov
$5,000. (6) Expenses of Is
sickness and burial, not to c
ceed$l00.
S12weeto____________ -I <“> BnrW e^n se^ lIIW lB to
Death: Basic wage, maxi- ***
l ppr cent of wages for 312 weel
mum* $36; minimum,.
basic wage, maximum, $
$5. Total disabnity:1
minimum. $5: total not oi
Maximum, $20; mini
$5,000,
Bnria) gxpens
mum, $5, oractual wages
$100,
Maximum, $12.
Total disability
(a) Permanent
(ft) Temporary
(e) (5) 50per cent ofweekly wages 5Qper cent of wage loss, not over $12 Necessary medical attention, not One-half benefits, not
for not over 350 weeks; $15 maxi
per week, not more than300weeks,
more man $0 days; maximum,
over $1,000, except
including any period of total disa
mum, $1 minimum, or fun
$10% charges limited to thoso
to residents of Can
bUity. Specified injuries, 50 per
wages if less than $4; not more
for other persons of like stand
ada.
than $5,000 in all.
cent of wages for fixed periods,
ing. Continued treatment may
after not more than 10 weeks’ al
be offered and must be accepted
lowance for total disabUity, if any;
unless tho commission orders
maximum, $15; minimum, $1, or
otherwise. Special provision for
actual wagos if less.
surgical operations for hernia.
p per cent of wages during 50 per cent of wage loss during disa Medical, surgical, and hospital Excluded.
Ity, not over 312 weeks;
bUity, not over 312 weeks; maxi
service, such as the nature of the
am, $20; minimum, $5,
mum. $12; total not over $5,000.
Injury requires; charges limited
Swages if disabUity is
to prevailing rates.
Specified injuries, 50 per cent of
fary; total not over $5,000.
wages for fixed periods, in addition
*o temporary total. Disfigurelent, maximum, $5,000.
t Not provided for in compensation law.
Notice immediately; barred (a) Industrial commission. 0) Agree Assenting employers must report (a) No provision. 9) Georgia.
Commissioner of com
within 10 days all acddents
after 80days unless reason
ment after 14 days, approved by
merce and labor.*
causing disability for 7 days, or
able excuse and employer
commission; disputes or disagree
requiring
medical
and
surgical
shown not to be preju
ments settled by commission after
aid; supplemental report
diced by delay; chum In
hearing, subject to review or limited
termination of disability.
1 year.
appeal to courts.
Notice as soonas practicable; (a) Industrial acddcnt board for each All employers must report aD In (a) No provision, (ft) No Hawaii.
provision.
juries of 1 day's disability or
claim in 3 months; not re
county, (ft) Voluntary agreement
more as soon as practicable to
quired ir aid or compen
approved by board; disputed cases
industrial acddent board; sup
sation has been voluntari
settled by board or by arbitration
plementary report at termina
ly given.
committee; review by fuU board;
tion of disability or after 60days.
appeal to courts.
19G5*—20*. (Face p. 72.) No. 1
PRINCIPAL FEATURES OF LAWS OF THE UNITED STATES RELATIVE TO WORKMEN’S COMPENSATION A
Compensation taefii
IIow election is made
By employer
By employee
Defenses abrogated if
employer does not
elect
for damages
after election by
both employer ana
employee
Special contracts
Injuries covered
Waiting time
Per cent of wages
Compulsory, as to all employments
conducted for sain except form and
domestio service, outworkers, casual
employment and charitable institu
tions. Voluntary* as toexceptedem
ployments.
Compulsory, as to all Employers must in
sure in State fond
employees except
or private com
elective officials, and
thosereceivinga sal
panies, or provide
self-insurance.
ary over 12,400.
Not permitted..
A pp roved su b stitu te
schemespermittedif bene
fits equal those of act;
waivers forbidden.
TO!nots. P. 314. Approved June
10,1911. In effect May 1,1912.
Compulsory, as to "extrahasardous”
employments enumerated; farm
labor, and persons not in usual
couiso of employer's business ex
cepted. Voluntary, as to excepted
employments.
Compulsory, as to all Employers must in
sure m private com
employees except
panies, or provido
officials and mem
self-insuranco.
bers of Are depart
ments in cities of
200,000 or more in-
Not permitted..
Approved schemes per
mitted if benefits equal
those of act. No waiver
of provisions of act os to
amount of compensation
without approval of board.
Indiana. Ch. 106. Approved
Mar. 8,1915. In effect Sept. 1,
1915. Amended, 1917, 1919,
1923.
Compulsory, as to mining. Eledne, os
to all other employments except
form labor, domestic service, casual
employees not in usual course of
employer’s business, and railroad
employees engaged in train service.
Voluntary, as to excepted employ*
Iowa. Ch. 147. Approved Apr.
IS, 1913. In effect July 1,1914.
Amended, 1917,1919,1923,1924,
1925.
Eledvse. as to all employments except
farm labor, domestio service, casual
employees, these not in course of
employer’s business, and clerks not
subject to hazard of the industry.
Compulsory, as to all Electing employers Presumed in absence Presumed in absence Assumed risk, follow Permitted ifemployer Approved schemes per i Personal injuries by acddcnt aris l week...................... Death, total disabil
ity, and specified
ing out oi and iu course of em
of written notice*
service, and con
foils to insarorisk.
of written notice,
employees.
must insure in pri
mitted if benefits equal
injuries, 55 per cent.
ployment unless due to willful
posted or served,
served on employer
vate companies, or
tributorynegligence.
those of act. All other
misconduct, intentional selfand filed with in
and filed with in
provide self-insurwaivers forbidden.
inflicted
injury,
intoxication,
dustrial board.
dustrial board.
and willftil failure to uso safety
appliances or to obey safety
laws, or commission of a crime.
Compulsory, as to all Elccting employers Presumed in absence Presumed in absenco Assumed risk, fellow Permitted ifemployer Approved schemes per Personal injuries arising out of 2 weeks; compensated GOper cent..............
during fifth to
and In courso of employment,
of notice posted in
of written notice to
must insure in pri
foils to insure risk.
employees except
mitted, but no reduction
service, and con
seventh weeks if
unless due to willful intention
vate companies, or
employer and in
establishment and
firemen and policeof liability allowed. All
tributory negligence
to injure self or another, intoxi
disability continues.
filed with industrial
provide self-insurdustrial commis
in pension
unless willful and
other waivers forbidden.
cation, or willful act of a third
commissioner.
sioner.
with intent to cause
party.
injury.
Disability, GOporcont.
Personal
injuries by accident aris
Not
permitted..
Assumed
risk,
fellow
Approved
sehomes
per
as to work- Not requited..
Presumed in absenco Presumed in absence
Specified injuries, 50
ing out of and in course of em
mitted if benefits equal
of written notice
service, and con
of notice posted in
n on county and
per cent.
ployment except when going to
thoiso of act. Blind em
tributory negligence.
filed with employer
inidpal work.
establishment and
and from work, unless duo to in
ployees may waive right to
and secretary of
iiled with secretary
toxication, deliberate intention
compensation or damages.
state.
of state.
to cause injury, or willful failure
to use safeguards required by
law or furnished by employer.
Elective, as to all mu Electing employers By writing filed with By signed notice filed Assumed risk, follow Permitted if injury Is Approved schemes per Personal injuries by accident aris l week------------------ 65 per cent.................
ing out of and in course of em
service, and con
mitted if benefit* equal
due to deliberate in
must insure in Ken
with employer.
nicipal corporations
the commission and
ployment, unless self-inflicted,
those of act.
tributory negligence.
tention of employer
tucky Employees*
having 3 or more
“ in the estabdue
to willful misconduct or in
or
failure
to
me
eviInsurance Associa
employees. Volun
toxication. Includes injuries due
denceastoinsuranoe.
tionor otherprivate
tary, as to others.
to inhaling gas or smoke in
companies, or pro
mines, or any kind of gas.
vide self-insurance.
Kansas. Ch. 218. Approved
Mar. 14,1911. In effect Jan. 1,
1912. Amended, 191% 1917,
19191
Elective, as to “ especially dangerous*'
employmentsenumerated conducted
for gain except those having kss
than 5 employees, form labor, and
those not in usual course of emiloyer’s business; all mines covered.
lory, as to excepted employ-
Kentucky. Approved Mar. 23,
1916. In effect Aug. i, 1916.
Amended each session.
Elective, as to all employments except
those having less than 3 employees,
form labor, and domestic service.
Threshing and hulling grains and
seeds ore within the act. Voluntary,
as to excepted employments.
Louisiana. No. 20. Approved
June 18.1914. In effect Jan. 1,
1915. Amended cadi session.
Elective, as to “ hazardous” employ
ments enumerated, or as agreed
upon or determined by coart, except
employments not conducted for;—
pose of employer's business. Vo
tary, as to other employments.
Compulsory, as to all Employers under act Presumed in absence Presumed in absenco Assumed risk, fellow Not permitted...
— ------- except
service, and con
of written notice to
of written notice to
must insure or give
employer.
tributory negligence.
bond.
employee.
No contract may relie
relievo Personal injuries by accident aris
ing out of and in couiso of em
employer from liability,
ployment, unless due to willful
intention to injure self or an
other, intoxication, deliberate
failure to use safeguards, or
breach of safely laws.
Maine. Ch. 295. Approved Apr.
1,1915. In eflcct Jan. l, 1916.
Reenacted, 1919; amended,
1921,1925.
Elective, as to all employments, except
those having regularly loss than 6
employees, form labor, domestic
service, logging operations, casual
employees, and those not in usual
course of employer’s business. W
untorjr, as to exempted employees.
Compulsory, as to all Electing employers Writing filed with Presumed, if employer Assumed risk, fellow Not permitted..
service, and con
clects, in absence of
must insure in pri
commission
and
employees of State,
tributory negligence;
written notice to
vate companies or
counties, and cities,
posted in establish
employer filed with
provide self-insurexcept officials. VaL
ment.
untary, as to towns.
E x is tin g ap p ro ved
schemes may bo con
tinued; waivers forbidden.
Maximum ord minimum
weekly cnnpcnsatlon
payments
Maximum period
Death
(а) Dependents
(б) No dependents
Personal injuries by accident aris 1 week; compensated Death, 20 to 55 per Death: Masmum, $12: Death, 400 weeks. Per (a) Burial expenses, maxima,
$200; 45 per cent of wan to
ing out of and iu courso of em
manent total disability,
minimum, $6, or actual
fifth to seven th
cent! Disability, 55
widow or dependent widower
ployment, unless due to willful
life. Temporary total
wages: Others, maxi
weeks if disability
percent.
for 400 weeks. 55 per cent ifcbild
intention to injure self or an
continues.
mum $16, ninlmum, $0.
disability, 400 weeks.
orchildren, maximum, $12; adoother, or intoxication.
Partial disability, 150
Imum. $6, or actual wages. (6).
Burial expenses, xuaximuixtfaoo;
also $1,000 to administration!
fund.
Accidental injuries arising out of 1 week. None if disa Disability, 50 to 65 Maximum, 114 to $19. Permanent total disabil (a) 50 to 65 per cent of wins
Minimum, $7.50 to
until 4 years1 earnings are paid;
ity, life. Permanent
ami in course of employment.
per cent.
bility continues for
partial d lsa b ility .8
Occupational diseases in certain
4 weeks or more.
$1 1 .
years. Temporary dis
occupations iududed by sepa
ability, during its con
rate act.
second injury fund
tinuance.
Idaho. Ch. 81 Approved Mar.
16,1917. In effect Jan. 1,1018.
Amended, 1921* 1925.
i Not providedforincompensationlaw.
TO INSURANCE—Continued
1 week. None if disa
bility continues for
C«ccks or more.
Persona] injuries by accident aris 7 days...
ing out of and in course of em
ployment unless due to willful
intention to injure self or an
other, or Intoxication without
employer's knowledge.
Basie wage, maximum, Death and partial disabil
$24; minunim, $10.
ity, 300 weeks. Total
disability, 500 weeks.
Death: Morfmum, $15; Death and temporary
total disability, 300
minimum,53. Disabil
weeks. Permanent total
ity: Maxinum, $15:
disability, 400 weeks.
minimum,56, or actual
wages.
Disability: Miximum,$l5; Disability, 8 years .
minimum,*!.
Burial expenses, maximum,
00 per cent of wages for
300 weeks; weekly maximum,
$15; minimum $ti,or full wages.
(6) Last sickness and burial ex
penses, maximum, $250.
%J150;
(e) 3 years* earnings; maximum,
$3,800; minimum, $1,400. (A)
Burial expenses, maximnm,
$150.
Maximum, $15. Mini Death, 335 weeks. Total (a) Burial expenses, maximnm
$75; 65 per cent of wages for 339
disability. 8 years. Par
mum, ffi.
weeks; maximum$12; minimum
tial disability, 335 weeks,
$5; total not over $4,000. (ty
Burial expenses, maximum $%
and $100 to representative oi
_ ________
J, maximmr
$100 and $50 contingent ex
penses; 32!$ to 65 per cent o
wages for 300 weeks; maximum
$20;minimum$3, oractual wages
(6) Expenses of burial, mail
mum, $100, and $50 contingen
expenses.
Mini Death, 300 weeks. Total (a) MK per rent of wages for 3ft
weeks, total not over $ 1,000
disability, 500 weeks.
maximum, $18; minimum, $0
Partial disability, 300
(5) Expenses of last sickness am
weeks.
burial, maximum, $200.
Death, 32M to 65 per Maximum, $20. Min Death, 300 weeks. Per
cent. Disability, AA
manent total disability,
imum, $3 or actual
per cent.
400 weeks. Temporary
wages.
total and partial disa
bility, 300 weeks.
GCHpercent.
$24; minimum, $10: total not to
cxoccd $5,000. (6) Burial ex
penses, maximum, $100.
Maximum, 118.
mum, $6.
Total disability
(a) Permanent
(b) Temporary
(s) (b) 55 per cent of wages for 400
weeks; 60 per cent if married,
and 5 per cent for each child;
maximum, $10; minimum, $6;
thereafter $6 a week during
disability.
Medical and surgical aid
Nonresident alien
beneficiaries
Tiiuo for notice and claim
(а) By whom administered
(б) How claims are settled
Acddent reports required
Acddcnt-proveclionwork
by—(a) Compensation
commission, (b) Other
State
Partial disability
___ j of wage loss for not over Reasonable medical, surgical, and
hospital service; hospital bene
150 weeks; maximum, $10. Speci
fit funds permitted in lieu of
fied injuries, 55 per cent of wages
above. Charges limited to pre
for fixed periods in addition to
vailing rates.
other benefits; weekly maximum,
$ 16. Disfigurement
bio.
Industrial accident Idaho.
One-halfbenefits, sub Notice as soon as practica (a) Industrial acddent board. (5) All employers must report all ac (a)board,
(b) Inspector of
cidents of 1 days' disability to
voluntary agreement approved by
ble; claim in 1 year.
ject to treaty pro
mines.1
industrial
acddcnt
board
with
board; disputed cases may be sub
visions; nothing if
in 48 hours; supplementary
mitted to arbitration committee;
law of nation ex
report after 60 days or upon
review by full board; appeal tocourt
dudes citizens of
termination of disability.
upon questions of law.
United States.
(a) 50 to 65 per cent of earnings for 50 to 65 per cent of wage loss during Medical, surgical, and hospital Included..
service as reasonably required to
disability, not over b years; maxi
8 years; maximum, $14 to $10;
effect a cure.
mum, $14 to $19. Specified In*
minimum, $7.50 to $14: there
after 8 per cent of death benefits
juries. 50 to 65 per cent of wages
for fixed periods; maximum,
for life, minimum, $10 a month.
$14 to $19, minimum, $7.50
(6) 50 to 05 per cent of earnings
to $14, in addition to temporary
during disability; maximum, $14
total. Disfigurement, maximum,
to $19; minimum, $7.50 to
one-fourth death benefits.
$14; total not over $3,750..
___ , and No provision1___ ___
(a) (5) 55 per cent of wages during .TOper cent of wage loss for not over
pital service /or 90 days; 30
300 weeks; basic wage, maximum,
disability, not over 500 weeks;
days' additional treatment ft
basic wage, maximum, $24; min
$24: minimi*™, $10. Specified in
necessary in opinion of board;
juries. 55 per cent wages for fixed
imum, $10; total not over $5,000.
charges limited to prevailing
periods; basic wage, maximum,
rates.
$24; minimum, $10; disfigurement,
not over 200 weeks
benefits;
(a) CO per cent of wages for 400 Specified injuries, 60 per cent of Reasonable medical, surgical, and One-half
nothing if law of
hospital service /or 4 weeks, if
wages for fixed periods; pro
weeks; weekly maximum, $15;
nation
excludes
requested
by
employee,
court,
portionate for others; maximum,
minimum, $6, or actual wages.
or commissioner; maximum$100; citixens of United
$15; minimum. $0, or actual wages.
>) Same for not over 300 weeks,
States.
$100 additional in exceptional
ompensation increased by twothirds for fifth, sixth, and sev
enth weeks of disability.
(a) (b) 00 per cent of earnings dur* 00 per cent of wage loss during Reasonable mcdical. surgical, and $750 maximum except
to residents of Can
hospital service for BO days, if
disability, not over 8 years: speci
ing disability, not over 8 years;
ada.’
demanded by employee; maxi
fied Injuries, 50 per cent of wages
weekly maximum, $15; mini
mum, $150.
for fixed periods; maximum, $12;
mum, $6.
minimum, $6.
8
Notice as soon as practi (a) Industrial commission. (6) Volun All employers within provisions (a) No provision. (b)Dc- Illinois,
pertment of labor; > :
of act must report all injuries
tary agreement, not before 7 days
cable, not later than 30
mine inspector.1
of more than 1 week's disability
after injury; disputed cases settled
days; claim in 0 montlis.
to industrial commission; fatal
by arbitrator or arbitration com
acddcnts at once; others once a
mittee; review by full commission;
month; supplementary report
appeal to courts upon questions of
of permanent disability cases.
law.
Notice in 30 days or benefits (a) Industrial board. (5) Voluntary All employers must report all in (a) Industrial board, (b)
No provision.
juries of more than 1 days' dis
agreement, not before 7 days after
will begin from date of
ability within 1 week to indus
injury, approved by board; dis
notice; claim iu 2 years.
trial board; supplementary re
puted cases settled by board or
port after 00 days or upon
member thereof; review by full
termination of disability.
board; appeal to courts upon ques
tions of law.
Notice in 15 days; if in 30 (a) Industrial commissioner. (5) Vol All employers must report all ao- (a) No provision, (b) Bu- Iowa,
reau of labor statistics;1
ddents of more than l day's
untary agreement, not before12 days
days, not barred except os
mine inspectors.1
disability within 48 hours to
after Injury, approved by commis
to extent employer was
industrial
commissioner;
sup
sioner;
disputed
cases
settled
by
prejudiced; bar absolute
plementary report after 60
arbitration committee; review by
after 90 days; claim in 2
days or upon termination of
commissioner; appeal tocourts.
years.
disability.
No commission, (b)
Notice in 10 days; daim in (a) Courts. (5) Voluntary agreement; All employers affected by act
.Department of lafenr
must report annually to factory
disputed cases settled by local arbi
in 6 months.
and industry.1
inspector “ such reasonable par
tration committee or by an arbi
ticulars as to accidents as State
trator; review by court.
factory inspector may require.'
•4
(a) No provision, (b) Mine Kentucky.
compensation board.
(a) (b) 65 per cent of wages during ir permanent, percentage of a total Reasonable medical, surgical, and Ono-hulf benefits; Notice as soon as practica (a)(6)Workmen's
inspectors; > Kentucky
Voluntary agreement approved
ble; claim in 1 year.
to widows and chil
hospital servico/or90days, maxi
disability; if temporary, 65 per
disability, not over 8 years;
Employees' Insurance
by board; disputed cases settled by
dren only.
mum $100, unless board fixes
cent of wage loss; not over 835
weekly maximum $15, mini
Association.
board,
a
member
of
same,
or
referee;
other period, when maximum is
weeks; maximum, $15, total not
mum $5; total not over $6,000.
weeL
review by foil board; appeal to
$200; same for hernia operation;
over $4,000. Specified injuries, 65
after 60 days or
courts.
charges limited to prevailing
l>cr cent of wages for fixed periods;
tion of disability,
rates.
maximum, $12; minimum, $5.
Compensation for disfigurement.
No
provision............................. (a) No commission, (b)
Notice in 6 months: firo- (a) Courts, (b) Voluntary agreement
(a) 65 per cent of wages for 400 65 per cent of wage loss for not over Reasonable medical, surgical, and No provision..,
New Orleans factory in
approved by court; disputed eases
ceedings must bo begun
hospital service; maximum,
300 weeks: maximum, $20. Speci
weeks; maximum, $20; mini
spector.1
settled
by
court.
within 1 year.
$290; charges governed by work
fied Injuries, 05 per cent of wages
mum, $3, or actual wages, <b)
man's station.
for fixed periods; maximum, $20;
Same for not over 300 weeks.
minimum, $3, or actual wages.
Disfigurement, not over 100
weeks.
assenting employers must re (a) No provision, (b) De Maine.
66ft per cent of wase loss, maximum, Reasonable medical and hospital Ono-half benefits Notice in 30 days; daim in (a) Industrial acddent commission, Allport
(«) (6) __
partment of labor and
all acddents promptly to
(b) Voluntary agreement approved
1 year.
except toresidentsof
service for 90 days, maximum,
$18 for not over 300 weeks. Speci
ing disability, not over 500
industry.1
Industrial
acddent commission;
by
commission;
disputed
cases
Canada.
$100; additional service in dis
fied injuries, 66# per cent of
weeks; maximum, $18; mini
Insurers
must
Airnish
informa
settled by commissioner; appeal to
cretion of commission.
wages for fixed periods; thereafter
mum, $6; total not over $0^)00.
tion
requested
by
commission
court
upon
questions
of
law.
a total or partial disability benefit,
or insurance commissioner.
not over 300 weeks in all.
i But includedby constructionof law.
i Provision hdd by court to be in conflict with treaty and with fourteenth amendment.
1005*—20f.
(Face p. 72.) No. 2
PINCIPAL FEATURES OF LAWS OF THE UNITED STATES RELATIVE TO WORKMEN’S COMPENSATION A
8tate
1930, 1922,1924.
Compulsory, as to “ cxtrahazardous'' Compulsory, as to all Employers must in
sure in State fund or
workmen employed
-employments for gain (list); act does
private companies,
for wages and en
not apply to casual employees, farm
or provide self-in*
gaged In extrahazlabor, domestic service, country
ardous
employ
blacksmiths, wheelwrights, or sim
ments, and State
ilar rural employments. Koitinmilitia. Voluntary,
fary, as to works not cxtrahazardous.
as to other employ-
Massachusetts. Ch. 752. Ap Elective, as to all employments, except
farm labor, domestic service, and
proved July 28,1011. In effect
persons not In usual course of cmJuly 1,1012. Amended, each
piojrar*s business. Voluntary, as to
year.
excepted employments.
Michigan. No. 10. Approved Elective, as to all
employees n o t___
Mar. 20,1012. In effect Sept.
employer's business.
1 .1 0 1 2 / Amended, lor
K
1017,1019, 1021.
, except
course of
Suits for damages
after election by
both employer and
employee
Special confcts
Injuries covered
Waiting timo
Per cent of wages
Permitted if employer Waivers forbiddcx.
failed to Insuro risk,
or accident caused
by his deliberate in
tention.
Waivers forbtddet..
Accidental personal injuries aris 3 days...
ing out or and in course of em
ployment, unless duo to willful
intention to Injure self or an
other, willful misconduct, or in
toxication as the sole causo.
Personal injuries arising out of and 7 days. None if disa 66% per cent.
bility co n tin ues
In course of employment, unless
more than 4 weeks.
duo to serious and willful mis
conduct. (Occupational diseases
included by decision of court.)
Electing employers Presumed in absence Presumed in absence Assumed risk, follow Not permitted.—
service, and contrib
of written notice to
of written notice
mustinsure in pri
utory neRlige:
posted in establish
employer and filed
vate companies or
with commissioner
ment and filed with
less willful.
provide self-insurcommissioner of la
of labor.
bor. Contractsmust
state rejection in
writing.
Employer may nlntatn Personal Injuries by accident aris 1 week. None If disa
bility continues 4
ing out of and in course of em
approved aches, but
weeks.
ployment, unless intentionally
may not reducdability
self-inflicted, duo to intoxica
fixed by law.
tion, or caused by fellow em
ployee for personal reason. Des
ignated occupational diseases in
cluded.
Compulsory, as to dl Electing employers
employees, includ
must insurein State
fond or private
ing those of publle
companies, or pro
contractors.
vide self-insurance;
nonhazardous emin State
66% per cent.
Maximum period
Death
[«) Dependents
Lb) No dependents
(•) 66% per cent of wages for life;
maximum, $18; minimum, $8, or
actual wages; total not over
$5*000. (b) 66% per cent of wages
for not over 6 years; maximum.
$18, minimum. $8, or actual
wages, total not over $3,750.
Death and specified in Death and total disabil (a) 66% per cent of wages for £0C
ity, 500 weeks; partial
juries: Maximum, $16;
weeks; maximum, $16; mini
disability, no limit.
minimum, $4. Otaers:
mum. $4; total not over $4,000.
(6) Expenses of burial, maxi
Maximum, $16; nlnimum, $7.
mum, $150; and $100 to second
Injury fond.
(a) (b) 66% per cent of wages for
not over 500 weeks; weekly maxImum, $16; minimum, $7; total
not over $4,000.
Mini- Death, 300 weeks. Dis (a) Expenses of last sickncss and
ability, 500 weeks.
burial, maximum, $200; 60 pei
cent of wages for 300 weeks;
maximum, $14; minimum, $7.
(b) Expenses of last sickness and
burial, maximum, $200.
(a) (b) 60 per cent of wages during
disability, for not over 500weeks;
weekly maximum, $14; mini*
mum, $7; total not over $7,000.
Maximum, $20. Mini
mum$8, oractual wiges.
during depend
ency. Permanent total
disability, life. Tempo
rary total and partial
disability, 300 weeks.
^Burial
$150; 30 to 66% per c
maximum, $20; minimum, $8, oi
actual wages; total not ovci
$7,500. (b) Expenses of burial
maximum, $150: and $200 to sec
ond injury fund.
Personal injuries by accident aris 8 days. None If disa 66% percent.
b i l i t y continues
ing out of and in course of eranont, not intentionallysclfmore than 4 weeks.
Maximum, 120. mini Temporary total disabil
ity, 400 w o t o p ^
mum, $5, or atual
nent, during 11
wages in case of tonporary disability.
CompuUory, as to all Electing employers Presumed in absence Presumed in absence Assumed risk, fellow Permitted if employer Existing schemes nay bo Personal injuries by accident aris lweek. None if disa 66% per cent..
bility continues for
ing out of and in course of em
continued it benes equal
employees except
service, and contrib
of notice posted in
of notice to em
must insure in pri
fails to insure risk.
6 weeks.
ployment, unless duo to willful
those of act. W f ere for
officials elected or
establishment and
vate companies, or
ployer and filedwith] utory negligenceun
negligence
(deliberate
and
reck
bidden.
less
willful.
compensation com
appointed for fixed
filed with compen
provide sdf-insurless indiffcrenco to safety, or in
terms.
missioner.
sation commis
toxication).
sioner.
EkcUte, as to all employments except
farm labor, domestic service, out
workers ana casual employees not in
the usual course of toe employer's
business. Voluntary, as to excepted
employments.
Nevada. Ch. 183. A]
Mar. 24,1011. In effect July 1,
1011. Now act, ch. Ill, 1013.
Amended, each session.
7 days. Then com
Elective, as to ail employments except Compulsory, as to all Electing employers Writing filed with Presumed in absence Assumed risk, fellow Permitted if employer Waivers forblddei Hos Personal lu ________________
pensation from date
ing out of and in courso of em
farm labor, domestic service, and
service, and contrib
pital ftmd may j main
of notice to employ
is in default on in
employees, indudmust insure in State
commission; notice
of injury.
ployment, unless duo to wfllfid
mmmJ employees not in usual course ‘ ins those of public
utory negligenceun
fund.
er and filed with
tained.
of rejection to be
surance premiums.
intention to injure self or an
of employer's business. Voluntary,
less willful.
contractors.
posted In establishother, or sustained while intoxi
as to exempted employments.
cated.
i Not providedforincompensationlaw.
Maximum. $15. Mnl- Death, 350 weeks. ^ Per (a) Expenses of burial, maximum
manent total disability,
mum, $6, or acual
$150; 66% per cent of wages fo
life. Temporary total
350 weeks; maximum, $15; mini
wages.
disability, during its
mum, $6, or actual wages, (b
continuance. Partial
Expenses of burial, maximug
disability, 300 weeks.
Death, 10 to 66% per Death: Maximum hsic Death, during life or until
cent. Total and
wage, $120 a mo.th.
remarriage of widow or
partial
dependent
widower.
Disability:
Manfaly
Total disability, during
maximum, $10 to 272;
ity, 60 per
mlplmtiiiij |30.
its continuance.
cent;
permanent
partial andspecified
Injuries, 50 per cent.
_____ expenses, maxhnurr
J150; widow or dependent wid
ower, 30 per cent of wages unt!
death or remarriage; 15 per cen
additional for each child; tote
not over 66% per cent; month!
maximum basic wage, $12(
Also burial expenses, maximur
8150, in case of death of depenc
ent. (b) Burial expenses, max:
i, $150.
Medical and surgical aid
Total disability
(a) Permanent
(b) Temporary
Maximum, $18; minimum, Death, 416 weeks. Per (a) Burial expenses, maximum,
$8, or actual wages.
manent total disability,
$125; 06% per cent of wages for 8
life. Temporary total
years; maximum,$18, minimum,
38, or full wages, not over ~
disability, 312 weeks.
nor less than $1,000. (5) ]
expenses, moximum18l25, i
estate sufficient to defray same.
(a) Burial expenses, maximum
$150; expenses of last sickness
maximum. $250; three hundrec
times 66% per cent of weekfc
earnings, payable weekly; 121
maximum, $6 minimum, (b
Expenses of last sickness am
burial, as above.
Death,
400
weeks.
Per
Burial
Maximum,
$15.
XiniDeath,
30
to
,50
per
2
weeks.
None
if
dis
Injuries
from
fortuitous
event
aris
Waivers
forbtddemospltal
Writing filed with Prosumed in absence Assumed risk, fellow Permitted if employer
manent total disability,
mum, $7, or a&ual
cent. Disability, 50
ability continues 6
ing out of and in courso of em
fund may be xnstafned.
service, and contrib
in State fund is in
board and posted in
of written notice to
500
weeks.
Temporary
wages.
percent.
ployment.
establishments.
utory
negligence
default
on
Insuranco
‘ oyer and filed
total disability. 300
minimum, $7, or actual wages
unless willful.
board.
premiums.
weeks. Partial disabil
(b) Burial c--------------- 1-----ity, 150 weeks.
$125.
employers Presumed in absence Presumed in absenco Assumed risk, fellow Permitted if employer Waivers forbidden.
____ isuie in pri
fails to secure pay
service, and contrib
of written notice
of written notice
ment of compensa
vate companies or
utory negligence.
filed with the comfiled with the comtion.
" ■
sdf-insur-
Nebraska. Ch. 196. A]
Apr. 21,1913. In effect Dec. 1,
1917, 1919,
------ ....................
—
1914. Amended,
1921.
66% per cent.
Ifmlnnim atii^ ynlnlmlim
weekly compensation
payments
1)0 Personal injuries arising out ofand 1 week. None if dis 60 per cent—----------- Maximum, $14.
Compulsory, as to all Electing employers Writing filed with in Presumed in absenco Assumed risk, fellow Permitted Ifemployer TfrfaHng
mum, $7.
ability continues 6
in courso of employment, unless
continued, but • reduc
is in default on in
service, and contrib
dustrial accident
of written notice, if
must insure in State
weeks.
due to intentional and willful
tion In liabllityllowcd;
surance premiums.
employer elccts.
board.
utory negligence.
fund or private
misconduct. (Court holds in
waivers forbiddc
companies, or pro
jury must bo accidental.)
vide self-insurance.
Elective, as to all employments where EUctive, acceptance by
enactment of law or
moro than 10 are regularly em
ployed, except farm and domestic
ordinance.
servants, casual employees, out
workers, and those whose earning
exceed 8,000 per year; also of 10 or
lew, if employment foundhazardous.
Montana. Ch. 9ft. Approved Elective, as to hazardous employments;
farm labor, domestic service, and
Mar. 8,1015. In effect Julyl,
employees (defined as not in
1415. Amended, 1019, lib ,
usual course of employer’s business)
1925.
excepted. Voluntary, as to nonhazardous employments.
By employee
Defenses abrogated if
employer does not
elect
Compulsory, ns to la Electing private em By subscribing to Presumed in absenco Assumed risk, fellow Not permitted.
ployers must insure
service, and contrib
State association or
of written notice, if
borers, workmen,
in Massachusetts
utory negligence.
in other
employer insures.
and mechanics of
Employees* Insur
State. Elective, as
ance Association or
to counties, cities,
other private camtowns, or districts
having power of tax-
Minnesota. Ch. 467. Approved Elccthe, as to all employments, except Elector, as toe
ees of count]
farm labor, domestic service, steam
Apr. 24,1013. In effect Oct. 1,
Jes, towns, v
railroads, casual employees not in
1013. Amended, 101$, 1017,1010.
ypfl ffffbOAl di__
usual course of employer's business.
New act, ch. 82,1021. Amend
except
Commercial threshing and baling
ed, 1921,1023,1025.
included. Voluntary, as to farm
Missouri.P.875. Approved Apr.
30, 1925. In effect: (Deferred
by referendum).
By employer
Publle
Private
Compensation benefits
How election is made
Employments covered
TO INSURANCE—Continued
(•) 66% per cent of wages; maxi
mum. $20; minimum, $8, or
actual wages: not over $10,000
in all. (b) 66% per cent of wages
for not over 360 weeks; maxi
mum, $20, minimum, $8, or
actual wages.
Partial disability
Nonresident alien
bcnefldaries
Time for notice and claim
(a) By whom administered
(b) How daims are sottled
Acddent-prevention work
by—(a) Compensation
commission, (b) Other
agencies
Acddent reports required
State
Such medical, surgical, or hospital Dependent widows, Notico of accident in 10 days; (a) Industrial accident commission, All employers must report all acd (a) Industrial acddent Maryland.
dcnts to industrial acddent com
commission, (b) Board
(b) Application by employee to com
of death in 30 days, unless
children, and par*
service, including artificial limbs
of labor and statistics;
mission at once. Commission
mission which may render award, or
sufficient reason; claim in
as may be required by commlscnts only; may com
may require additional reports.
mine inspector.!
Spodfied injuries, 66% per cent of
appoint arbitration committee, ap
30 days for injury, 1 year
■'
aximnm. 8500. Chorees
mute within one
peal to commission, then to courts.
wages for fixed periods; maximum,
death.
year at three-fourths
to prevailing rates.
$18; minimum, $8, or foil wages,
value, not over
In addition to temporary total; not
$2,400.
over $3,750 in oil.
Reasonable medical, surgical, and No provision *______ Notice as soon as practi (a) Industrial accident board. jb) All employers must report all in (a) No provision, (b) De Massachusetts.
juries to board within 48 hours;
partment of labor and
cable; claim in 0 months.
hospital service for t weeks. or
industries;! Massachu
supplementary report after 60
longer, at discretion of board.
setts Employees' Insur
days or termination of disabil
ance Association.
ity; insurers report compensa
board; certain cases tallendirect to
other compensation; maximum,
tion paid within 60 days after
board; appeal to court upon ques
$10; minimum, $4.
termination of disability.
tions of law.
m
iii
w
w |O W |
m
iv iu fju r u t jr .
0 per cent of wage loss during dis Reasonable medical and hospital Included.________ _
ability, for not over 500 weeks:
service, for today*.
weekly maximum, $14. Specified
injuries, 60 per cent of wages for
fixed neriods; weekly maximum,
$14; minimum, $7, in lieu of other
payments.
, Tll cent of wage loss during dis Reasonable medical and surgical Xnduded----ability, for not over 300 weeks;
treatment for $0 days; commis
maximum, $20. Specified injuries,
sion may allow additional treat
66% per cent of wages for fixed
ment, if need is shown. Charges
periods, in addition to temporary
limited to prevailing rates.
total; maximum, $20, minimum,
$8, or actual wages. Disfigure
ment, not over 75 weeks.
fe) 66% per cent of wages for 300 66%per cent of wage loss, maximum,
weeks; $20 maximum. $6 mini$20, not over 100 weeks if tempo
mum^ theni25
25 per ccent
__of wages
rary. Specified injuries, 66% per
______ (b) 66%
___per cent of
cent of wages; maximum 120,
wages for not over 400 weeks;
minimum, $6, for fixed periods,
$20
minimum $ffy or
in lieu of all other compensation.
actual wages.
Disfigurement, not over $1,000
additional.
«) 50 per cent of wages for 500 50per cent of wage loss, for not over
weeks; maximum, $15; mini
150 weeks If permanent, 50 weeks
mum, $7. (b) 50 per cent of
if temporary; maximum, $7.50.
wages for not over 300 weeks;
Specified injuries. 50 per cent of
maximum, $15; minimum, $7.
wages for fixed periods; maximum.
or actual wages, in lieu of 8li
$15; minimum, $7, or actual
other compensation.
wages. In lieu of all other compen
sation.
a) (b) 66% per cent ofwages for300 66% per cent of wage loss for not
weeks; maximum, $15; mini
over 300 weeks; maximum, $15.
mum, $6, or actual wages; there
Specified injuries, 66% per cent of
after 45 per cent of wages during
wages for fixed periods, in addi
disability; maximum, $12; mini
tion to temporary total; maxi
mum, $4.fiQ, or actual wages.
mum, $15; minimum, $q, or actual
wages; certain disfigurements
compensated.
a) 60 per cent of wages for life; 60 per cent of wage loss, for not over
monthly iwftttnmm. $60: mini
60 months; monthly maximum,
mum, $30; also $30 for services of
$40. If permanent, 50 per cent of
constant attendant, if required;
wages for periods proportioned to
(b) 60 per cent of wages, for not
disability, for not over 60 months;
over 100 months; total not over
monthly maximum, $60. Speci
$7,200; monthly maximum, $72;
fied injuries 50 per cent of wages
minimum. $30; $10 additional
for fixed periods in addition to
per . m
<
month
if dependents in
temporary total; monthly maxiUnited States.
minimum, $30. Dis;, not over 12 months.
Medical, surgical, and hospital No provision...
treatment as reasonablyrequired
for 00 days, not over $250, and
thereafter within one year, as
commission may determine.
Notice in3 months; daim in (a) Department of labor and Industry, All employers must report all in (e) No provision, (b) De Michigan.
partment of labor and
juries to department on eighth
(b) voluntary agreement approved
6 months; 2 years if dis
Industry.1
day after occurrence; supple
by deportment; disputed cases set
ability develops after o
mental reportof deathswithin 14
months after date ofinjury. tled by arbitration committee; ap
days.
peal to department; certain cases
taken direct to department; appeal
to court upon questions of law.
Notice in 14 days; if in 30 (a) Industrial commission, (b) Em All electingemployers must report (a) No provision, (b) De Minnesota.
partment of .labor and
fatal and serious acddent. with
ployers are directed to pay compen
days not barred except as
Industries:! county inin 48 hours, other tabulatable
sation according to terms of act,
to extent employer was
spectors of mines.!
acddcnts within 7 days to in
without agreement or order; may
prejudiced; bar absolute
dustrial commission.
not discontinue over protest of beneafter 90 days. Action
fidary without notice to commis
must bo brought within
sion. Orders issuo after hearing,
6 years.
subject to review and appeal to
courts.
Notice in 30 days; daim In (a) Workmen's compensation com All employers must report all (a) No provision. (b)8tate Missouri.
industrial inspector.!
injuries in 10 days; supplr-™
mission. (b) Agreements approved
6 months.
tary report in one month.
by commission; disputes settled by
commission; appeal tocourt on ques
tions of law.
Reasonable medical and hospital Exdudcdunlesstreaty Notice in 60 days; daim in
6 months.
to contrary, then
service for B months; maximum,
40 per cent benefits
$500, unless there is a hospital
if treaty permits;
fund; spccial operating feeof $50
in case of hernia.
none if law of na
tion excludes dtizens of United
States.
Reasonable medical and hospital Widowers, brothers, Notice as soon as practi
cable; claim in 6 months;
service not exceeding the regular
and sisters excluded;
bar absolute after l year.
charge in similar cases.
may commute with
in one year at twothirds valuo.
(a) Industrial acddent board, (b) Dis All employers and insurers must (a) Industrial acddent Montana.
board, (b) Department
report all acddcnts to industrial
puted cases determined by board
of labor and industries
acddent board: employers not
subject to rehearing on certain sped(mines and boilers
in
State
fond
must
report
fled grounds; limited appeal to
only).!
monthly on compensation and
courts.
mcdlcol aid paid.
(a) Commissioner of labor who is also Reports oracddcnts shall be made («) No provision, (b) Bu Nebraska.
reau of Labor.
as directed by compensation
compensation commissioner, (b)
commissioner.
Voluntary agreement filed with
commissioner; disputed cases settled
by commissioner; appoal to court.
Reasonable medical, surgical, or Sixty per cent of ben Notice of injury in 30 days; (a) Industrial commission, (b) By All dectlng employers, and physi
cians must report all acddents
commlstton under roles adopted by
death in 60 days; daim in
hospital treatment for 6 months,
efits.
to industrial commission.
which may bo extended anaddi
90 days for disability; 1
year for death.
tional year by commission.
T ra n sp o rta tio n tarnished.
Charges limited to prevailing
rates.
*But indudedby constructionoflaw.
r____ , (b) V1"
__ commissioner;! in
spectors of mines.!
1005°—20f.
(Fftce p. 72.)
Nevada.
No. 3
PRINCIPAL FEATURES OF LAWS OF THE UNITED STATES RELATIVE TO WORKMEN’S COMPENSATION AI
Private
New Hampshire. Ch. 10 . EUctint, as to "dangerous” eimflmu
rants -enumerated, except $31*21
Aggovjd Apr. tS, .19 11.. to
«r atwjps having less than 5 * 2
Jan. 1,1912. Amended,
plcowes
engaged in manual or
1923,
■chantafl la ta ; applies only t j
fabUe
Jgy employer
Electing employere 'Writing filed with
commissioner of
must give proof of
tfnancfal ability or
labor.
fflea bond.
By employee
By acceptingcompen
sation or beginning
proceedings under
act.
for damages
Defenses abrogated if Suits
after rtiwHim by
employer docs not
both
employer
and
elect
employee
Compensation bencl
Special contracts
Permitted in lieu of No provision___
compensation after
Injuries covered
Total disability
Waiting timo
Per cent of wages
Maximum and minimum
weekly compensation
Maximum period
New Mexico. Ch. 83. Ap
proved Mar. 13,1917. ^ In effect
June 8,1917. Amended, 1919,
192L
irk. Ch. (ML Approved
Now York.
lacOeetJutyH,
Dee. I10,1913b
f '
1914. Amended each jiear.
North Dakota. Ch. 182. Apnofed Mar. ^1919. In effect
Jujjr 1^!919 l Amended 1921,
Amended eadi session.
Oklahoma. Ch. 24(L Approved
Mar. 22,191* In effect wept 1,
1915. Amended 1919,1923.
Oregon. Ch. 112. Approved
Feb. 25,1913. In effect July 1,
1914. Deferredby refen —
■ Amended, each session.
Death
(a) Dependents
(ft) No dependents
Injuries by accident arising out of 1 week. Then com Disability, 50 per cent. Disability, maximum, $15. Disability, 300 weeks____ (a) 150 times weekly eoralnrc
total not over $3,000. (ft) Ex
and in course of employment,
pensation from date
Minimum, no provision.
penses of medical attendance
unless due to willful misconduct,
of injury.
and burial; maximum, $100.
intoxication, or violation of law.
g hrtjw, Mtq-Jjagptoymenti
1911. Amended, 1913, 1914,
1919,1921,1922,1923,1924,1925,
D INSURANCE—Continued
Compulsory, as to an AH employersmust in Presumed in absence Presumed in absence Assumed risk, fellow Not permitted......
<«) Burial expenses, madz
Personal injuries by accident aris 7 days. None if dis Death* 35 to 00 per Maximum. $17. Mini
No substitute
sure xnprivate comof written notice to
$150:35 to w per eent of
of written notice to
ability exceeds 7
ing out of and in course of em
mum, $8, or
service, and contrib
c e n t. Disability,
valid.
employer.
KSfcrSkSTg l>anies, or provide employees.
for 300 weeks; maximum, $17;
weeks.
ployment, unless intentionally
utory negligence
per cent.
thoso receiving a
minimum $8 or actual wages.
self-insurance; em
ability, ___ ____
solf-infllctcd, or due to intoxica
unless willful. Ab
salary over
ployersoffarmlabor
(5) Expenses of last sickness,
Temporary total and
tion. Designated -------------rogation does not
_____ am, $100, and burial <
and dot
partial disability, 500
depend upon rejec
ice
oxen
senses,
maximum, $150.'
.
tion
of
act.
J M t , as to a*'extrahazardoos*»
Electing employers Presumed in absence Presumed in absence Assumed risk, fellow Not permitted......
No provision except that Injuries by accident arising out of 10 days..
Death, 15 to 00 per Death: Basic weekly wage, Death, 900 weeks; total (a) Burial expenses, maximum,
pktyncoti Jbr rain tt 4 ornSw S E No provision_____
must insure in pri
$75; 15 to 60 per eent o fm p s
or written notice to
of written notice to
disability. 590 weeks;
maximum, $30. Disa
and in courso of employment,
service, and contrib
employer may maintain
cent. Disability, 90
ploywa; «wuT!m ploye«rSt^
employees.
vate 'companies or
employer.
for « 0 weeks; bade wage, maxipartial disability, no
unless duo to Intoxication or in
utory negligence.
bility: Maximum, $12;
percent.
hospital fund.
usual course of employer’s bushiM.
provide eelf-insurt
tentionally inflicted by himself
minimum, $6, or actual
provision.
excepted, numerical cx^tiondES
or
another.
not apply to structural wcrk lo fa?
above ground. Voluntary,
nonhazardous employments.
Compulsory, as to all Employers must in
Accidental personal injuries aris 1 week. None if dis Death, 15 to 66# per Death: Maximum bade Death, during life or until (a) Burial expenses, maximum,
Permitted if employer Waivers forbidden.
employees.
sure in State fund
$200; widow or dependent wid
remarriage of widow or
ability continues for
ing out or and In oouzso of em
wage, $150 a month.
eent. Disability,
foils to insure risk.
motheremployments having4eruM»
or private com
ower, 90 per cent of wages until
ployment, unless duo to wOUul
dependent
widower.
more than 7 weeks.
Disability: W e e k l y
66# per cent.
'workmen «r operatives, condnT!
panies, or provide
death or remarriage; 10_per cent
for-intin* ■farmand
'
mini*
Permanent
total
disa
Intention to injure self or an
ram, $2fc
self-insurance.
additional for caw child; total
bility.
life.
Others,
dur
other,
or
intoxication.
Desig
$8,
or
full
•» to as*
not trar «fGM per eent; maxi
ing disability.
nated occupational diseases in
mum bade ■wage, $150 a month,
cluded.
(ft) Burial expenses, maximum.
$200, and $1 j000to create special
funds.
‘Omtpttoom as to all employment, Compulsory, as to all
Employers must in
Injuries arising in course of em 1 week. None if dis Death, 20 to 66# per Death: B asie wcokly Death, during lifeor until <«) Burial expenses, maximum,
Permitted if<
Waivers forbidden.
-cxeopt .executive officers ncrivflz
employees.
sure in 8tate fund.
$150; 35 per eent ofweekly wages
ability continues for
remarriage. Disability,
ployment unless caused by will
wage; maximum, $30,
cent. Disability*
morethan 12,400 per year,
fails to
more than 1 week.
during its continuance. - to widow or dependent widower
minimum, $18, but com
ful intention to injure self or
68# per cent.
domestic service, casual emotor-E
until death or remarriage; 10
pensation not more than
another, including diseases
not in usual course of tmfioSS:
per cent additional for each
proximately caused by tho em
w a g e s . Disability:
business, and any common carrw
child, total not over €6# per
by steam railroad. Folasfar^JJ?
ployment.
Weekly maximum, $20.
cent: basic wage, maximum, $30,
m, $6. er actual
excepted employments.
1,0
minimum, $18, no compensation
lflessthan$6.
to exceed wages. (5) Burial exDenSCS. tnnTlmntn. $150.
Compulsory, as to all emplon&nit. Compulsory, as to all
Employers must in
Death, 416 weeks. Perma (a) liurial expenses, maximum.
66# per cent.
except those having less
Waivers forbidden except Injuries sustained In courae of em 1 week----Permitted
in
case
of
employees, except
sure in State fund
$150; 66# per cent of wages for (
ployment, unless purposely selfnent total disability.
ploycea, and casual employ*,
default oninsurance
in case of blind employees.
officials or firemen
or provide self-in
years; maximum, $18.75; total
Hfe. Temporary total
infficted. Designated occupain usual course of employer** bffi
premiums.
and policemen in
surance.
disability, 312 wwks.
not over $6,500 nor less thax
tional diseases included.
ness. loltta/aiv,a8 to emplQnnT^
cities having pen$2,000. (ft) Burial expenses
Partial disability, dur
having less than 3 em ploye*111*
sion funds.
muimum, $150.
ing its continuance.
Compulsory, as to "hazatdoos** m
Compulsory, as to all Employers must in
Maximum, $1& Mini Permanent total disabil Fatdaccidents not covered..— .
ployments (enumerated list
Permitted Ifemployer Approved schemes permit Accidental personal injuries, not 5 days___ ____ _____ 66# per cent----workmen in hazard
sure in private com*
ity, 500 weeks. Temiwfatal, arising out of and in course
mum, $8, or actual
general clause) conducted far nu!
ted. Waivers forbidden.
fails to insure risk.
ous employments
panics or provide
laqr total and partial
of employment, unless due to
employed far wages*
self-insurance.
disability, £00 weeks.
ployees, farm labor, and hiibu^ ;
willTul intention to injure self or
except when equiva
not engaged in manual or n i Z 7
another, intoxication, or willful
lent schemes are In
calwork.
failure to use statutory safefftTCP,
SUctire, as to enumerated Mh«ani
as to all em
loyers Presumed in hazard Presumed in absence Assumed risk, fellow Permitted if injury is Waivers forbidden.,
Personal injuries by accident None..--------------- - Monthly p e n s io n ; Monthly pension. Mini Death, during Hfeor until fa) Burial expenses, ’ maximum
ous” employments ciceptfcS Electee,
ployees.
remarriage of widow or
tate
ous employments in
gOO^widow or invalid widower
of written notice, if
labor. Voluntary, as to tttS S
mum: death, $15. per
service, and contrib
arising out of and m course of
due to willful act of
amounts not based
fund.
employer elects.
absence of notice
____t month until death or re
invalid widower. Total
employment.
***"
manent total disability,
employment, unless due to de
u to r y negligence
on wages, except
employer or in case
starring*;
$8 for each cfcild un
posted in establish
disability,
during
its
liberate
intention
to
injure
self.
except willful and
$30;
no
maximum.
Tem
for
temporary
total
of default on insur
S e r ju
expenses
ment and filed with
iler
16.f '(ft^Suriai
C conthmanoB. Tempoporary total disability,
with purpose of selfance premiums.
injury.
$30 to $97. Permanent
MMweeks.
partial disability, $25.
SNflt providedforIncompensationhtw.
Medical and saigbal aid
Partial disability
(«) ($) 50 per eent of wages, for 50 per cent of wage loss for not over
not over 9 » .weeks; maximum,
300 weeks; maximum, $15.
Reasonable medical and
for 14 days.
Nonresident alien
beneficiaries
No provision...
06# per cent of wages for periods Seasonable mcdical and hospital No provision_______
proportioned to disability, for not
service; maximum, $100; in
over 500 weeks. Specified in
cases requiring unusual treat
juries, 60# per cent of wages for
ment bureau may increase
fixed periods; maximum, $17:
amount; special operating fee
minimum, $8, or actual wages; all
of $150 in case of hernia.
in addition to temporary total.
to <9 50 per oentof wages for not If pennancnt, compensation meas Reasonable medical,surgical, and Excluded.,
erer 530 weeks; maximum, $12;
ured by extent of disability.
hospital service for 10 days;
wifdnann, $6, or actual wages.
Specified injuries, 50 per cent of
maximum, $150, unlessthere is a
wages for fixed periods, in addi
hospital fund; special oper
tion to temporary total; maxi
ating fee of $75 in case of hernia.
mum, $12; minimum. $6 or actual
wages. Disfigurement, maximum,
nnm, $8* oractual wages, (ft)
« # per cental wages, for not
over 500 weeks; maximum, $17;
minimum, $8, or actual wages.
Time for notice and claim
(a) By whom administered
(ft) Dow claims are settled
Accident reports required
Accident-prevention work
by—(0) Compensation
commission, (ft) Otlfcr
agencies
Notice as soon as practicable (a) Courts, (ft) Voluntary agreement, All employers subject to act must (a) No commission, (ft)
Bureau of labor.*
make such reports to commis
or by action in equity beforesuperior
and before leaving service;
sioner of labor as required by
claim in 6 months.
court.
State
New Hamp
shire.
Notice in 14 days; 30 days, (a) Department of labor, (ft) Volun Employers must make immediate (4) Department of labor, Now Jersey.
(ft) No provision.
report to department of all acci
except as employer is pre
tary agreement approved by de
dents and occupational diseases.*
judiced; bar absolute after
partment; disputed esses settled by
90 days; claim in 1 year.
department or referee; appeal to
courts.
Notice of occupational
disease In 5 months after
last exposure.
(a) Noprovision.(ft) Mino New Mexico.
Notice in 14 days; if pre (a) Courts, (ft) By interestedparties; No provision-..
vented, not later than 60
disputed cases settled by district
days. Claim in 60 days
court. Appeal to supreme court.
after compensation re
fused; 1 year in case of
death.
(•)
per cent of wages for life; 66# perjDent of wage loss; total not Such medical, surgical, and hos Widow, chndren, and Notice of injury in 30 days, (a) Industrial
commissioner, (ft) All employers must report all acci (a) Department of labor,
mBamum,$20; minimum,$&or
(ft) Noprovision.
over $3^00 if temporary. Speci
dents to industrial commission
pital service as nature of injury
dependent parents
death in 30 days unless
Claim submitted to employer or
fall wages, (ft) 66# per cent of
fied injuries, 66# per cent of wages
within 10 days; commissioner
requires. Charges limited to
only; may be com
excused for cause; claim
commissioner after 7 days after In
wages during disability; maxi
for fixed periods, plus fixed heal
may
require
any
information.
prevailing rates.
muted at one-half
in 1 year.
jury; hearing by commissioner or
mum, $20; minimum, $8, or full
ing time in certain cases; maxi
present worth.
board on request; appeal to court
------i; total not over $3,500.
mum, $20: minimum, $8, or actual
upon questions of law.
wages. Disfigurement, maximum,
.«) (ft) 66# per cent of weekly If temporary, 66# per cent of wage Such mcdical, suigicn], and hos No provision. In Claim In 60 days; 1 year if (a) Workmen's compensationbureau, AH employers must report all
wages during disability; maxiloss; maximum, $20. If permanent
accidents to bureau within 1
pital service as thenature of the
reasonable cause shown.
cluded by adminis
(ft) Bureau has full power to deter
munij $20; minimum, 16, or
for fixed periods according to
Injury requires.
week.
tration.
mine an questions within its Juris
schedule of pcrcentage of disa
diction; appeal to courts.
bility. Disfigurement compcn-
New York.
(a) Workmen's compen North Dakota.
sation bureau, (ft) No
provision.
a) 66# per cent of wages for life; 66# per cent of wage loss; maxi Such mcdical and hopsltal service Included............... .... Claim for injury or death, in (e) Industrial commission, (ft) Com All employers must report all acci (a) Industrial commission Ohio.
maximum, $18.75; minimum,
(ft) Noprovision.
mum, $18.7$ total not over $3,75a
dents to industrial commission
as commission deems proper:
2 years; far occupational
mission determines all questions
$5, or actual wages, (ft) 66# per
Specified injuries, 66# per cent of
maximum $200 except in un
within 1 week.
discaso, 4 months.
within its jurisdiction; appeal to
cent of wages for not over 0
wages for fixed periods in addi
usual cases.
court.
yean; maximum, $18.75; mini
tion to temporary total; maxi
mum, $5, or actual wages; total
mum, $18.75. Disfigurement, not
not over $$,750.
over $3,750.
i) 66# per cent of wages for 500 66# per cent of wage less for not Necessary medical, surgical, and Fatal accidents not Notico in 30 days; daim in (a) Industrial commission, (ft) Volun All employers must report all acci- (a) Noprovision. (ft) De Oklahoma.
weeks; maximum. $18; mini
partment of labor,1 in
over 300 weeks. Specified inhospital service /or eo days:
donts to industrial commission
lycar.
covered.
tary agreement, after 5 days, ap
mum $8, or actual wages, (ft)
spectors of mines, oil,
imfes» W # per cent of wages for
$100; period and
within 10 days or reasonable
proved by commission; disputed
66# per cent of wages, for not
,n» m ucww, TimTfrptmi, *18: maximum,
and
gas.1
amount may be increased at
time:
commission
may
require
cases may be submitted to arbitra
over 300 weeks; maximum, $18;
mlnlmuSiTIK or actual wages.
discretionof commission; charges
any information.
tion committee, or commission may
minimum, $8, or actual
Disfigurement, maximum, $3,000.
limited to prevailing rates.
act; appeal to courts.
Special provision for hernia.
\$30 a month If single. $35 if If temporary* benefits proportion Medical, surgical and hospital Parents, spouse,
Claim for disability in 8 (a) Industrial accident commission, All employers must report all acd- (a) Industrial accident Oregon.
commission, (ft) Bureau
ate to those for totaldisability
dents to industrial accident
service and transportation;
child only, un
months; death, 1 year.
(ft) Commission settles all ques
for not over 2 years. Specified
of labor statistics.1
maximum, $250; commission
commission ct once.
treaty
to
contrary.
tions; appeal to courts.
wages according to number ofde
permanent injuries $25 a month
may
allow
additional
service.
pendents, maximum $07; minifor fixed periods, in addition to
im $30, $40ifdependentspouso
temporary total; others in pro
J
Ain wages, during disability.
portion, but not over 90 months.
1905°— SOf.
(Facdp. 72.)
No. 4
PRINCIPAL FEATURES OP LAWS OF THE UNITED STATES RELATIVE TO WORKMEN’S COMPENSATION A. <D INSURANCE—Continued
Employments covered
IIow election is made
Insurance
State
Private
Pennsylvania. No. 338. Ap EUctire. as to all employments except
form labor, domestic service, casual
proved June % 1915. In effect
Jan. l, 1916. Amended, 1917,
employees not in usual course of
employer's business, and out
1919,1921,1933.
workers.
Porto Rico. No. 19. Al ..____
Apr. 13.1916. In effect July 1,
1916. Amended, 1917. New
act, No. 10,1918; in effect Jubr
1, 1918; amended, 1919, 1939,
1921,1925.
Compulsory, os to all employments
except domestic service, nonhazardous clerical occupations, and em
ployees receiving more than $1,500 a
year.
Rhode Island. Ch. 831. Ap
proved Apr. 29,1912. In effect
Oct. 1, 1912. Amended, 1913,
191ft, 1917,191% 1920,1921,1926.
Eleciire, as to all employments except
those having less than 6 employees,
farm labor, domestic service, casual
employees not in usual courso of em
ployers business, and employees
receiving over $3,000 a year. Vol
untary, as to excepted employments.
Elective, as to all employments exccpt
farm and domestic service and em
ployees not in usual course of em
ployer's business. Compulsory, as
to threshing grain.* Voluntary, as
to excepted employments.
South Dakota. Ch. 376. Ap
proved Mar. 10, 1917. In
effect June 1,1917. Amended,
each session.
By employer.
Public
Compulsory, as to all
employees. Includ
ing public contrac
tors.
ptecUng _
must insurein Stato
fund orprivatecom
panies or provide
sdf-insurance.
Compulsory, as to em Employers must in
sure in State fund,
ployees engaged on
public works per
formed by adminis
tration under direcand members __
municipal Are corps.
Compulsory, as to em
must insure in pri
ployees of State.
vate companies or
Elective, as to em
provide self-lnsur*
ployees of cities and
towns, except lire
and pdico depart*
mcnts.
Compulsory, as to all Electing employers
must Insure in pri
employees.
vate companies or
provide selMnsur-
Voluntary, as to State
and subdivisions.
Tennessee. Ch. 123. Approved
Apr. 15,1919. In effect July 1,
1919. Amended, 1923.
Electee, as to all employments except
those employing less than 5 em
ployees, farm labor, domestic
service, and casual employees (not
in usual course of employer's busi
ness). Voluntary, as to employ
ments having less than 5 employees.
Texas. Ch. 179. Approved
Apr. 16,1913. In effect S<
1,1913. Amended, 1917, If
Elective, as to all employments cxcept No provision.......__ Electing employers
these having less than 3 employees,
must insurein Texas
form and ranch labor, domestic
Employers' Insur■auce Association or
service, railways used as common
carriers, and employees not in usual
other private comcourse of employer’s business.
Utah. Ch. 100. Approved
Mar. 15,1917. Inefltat July 1,
1917. Amended, each session.
Compulsory, as to all employments
except those having less than 3 em
ployees, form labor, domestic serv
ice, casual employees not in usual
course of employer's business. Feluntary, as to excoptcd employments.
Compulsory, as to all
employees, includ
ing elective officials.
___
sure m pri
vate companies or
provide self-insur
ance; State fund for
coalmining.
Employera must in
sure in State fund or
private companies
or provide self-in-
By employee
Compensation benefits
for damages
Defenses abrogated If Suits
after election by
employer dues not
both
employer
and
elect
employee
Special contracts
Presumed in absence Presumed in ahsenco Assumed risk, fellow Permitted if employer Waivers forbidden.
of notice posted in
of written notice to
foils to insure risk.
service, and con
establlshmcnt.given
tributory ncgigence
employer and filed
employee, and filed
unless due to in
with compensation
with compensation
bureau.
toxication or reck
bureau.
lessness. Abroga
tion does not depend
upon rejectionoilact.
Injuries covered
Waiting time
Per cent of wages
Personal injuries by accident In 10 days.
course of employment, unless
intentionally self-inflicted, or
duo to intentional act of third
party for reasons not connected
with the employment.
Maximum and minimum
weekly compensation
payments
Maximum period
Death
(a) Dependents
(b) No dependents
Death, 15 to 00 per Death: Basic wage, maxi Death, 300 weeks. Total | (a) Expenses of burial, maxi
mum, $100; 15 to 60 per cent of
disability. 500 weeks.
mum, $20; minimum,
cent. Disability, 00
wages for 300 weeks; basic wage,
Partial disability, 300
$10. Disability: Maxipercent.
maximum, $20; minimum, $10.
weeks.
mum, $12; minimum,
(b) Expenses of burial, maxi
$6, or actual wages.
mum, $100.
Temporary total dis Temporary total disabil Temporary total disabil (a) Compensation proportioned
Personal injuries by accident or 7 days.
to earning capacity, number
ity, 101 weeks.
ity: Maximum, $15;
ability, 50 per cent.
sickncss occurring during and
and needs of dependents of
Tninlmtim, $3.
because of employment, unless
deceased; maximum, $1,000;
due to intent to commit a crime,
minimum, $1,000. (b) No
to injure one's self or another,
provision.
to intoxication, the willful crim
inal act of another, or solely to
gross negligence.
Total disability: Maxi Death, 300 weeks. Total (a) 50 per cent of wages for 300
Writing filed with Presumed in abscneo Assumed risk, fellow Permitted if employer Approved schemes permit Personal injuries by accident aris 1 week. None if dis 50 per cent..
weeks; maximum, $14; mini
disability. 500 weeks.
mum, $16; minimum,
ability continues for
ing out of and in course or em
commissioner o f
ted if benefits equal those
of written notice to
foils to insure risk.
service, and con
mum, $0. (b) Expenses of last
Partial disability, 300
$7. £arthu disability:
moio than 4 weeks.
ployment. unless due to willful
labor.
of act; waivers forbidden.
employer, copy to
tributory ncgligence.
sickncss and burial, maximum,
weeks.
Maximum $10: mini
intent to injure self or another,
be filed with com
$200.
m
um
,^
Death:
Max
or intoxication.
missioner of labor.
imum $14, minimum $6.
disability, during (a) 50 per cent of wages to equal
Presumed in absence Presumed in absence Assumed risk, fellow Probably permitted Approved s u b s t i t u t e Personal injuries by accident aris None (administrative Total disability, 55 Permanent total dis Total
four times annual earnings;
its continuance. Partial
ability: Maximum, $15;
per cent. Partial
construction of con
ing out of and in course of em
of written notice to
Fchemos
permitted;
of written notice to
service, and con
if employer foils to
maximum. $3,000; minimum,
disability,
312 weekst
mi n i mu m, $7.50.
disability, 50 per
flicting provisions).
ployment, unless duo to willful
employees and filed
waivers forbidden.
insure risk.
employer and filed
tributory negligence.
$1,650. (6) Burial expenses:
Other disability: Maxi
cent.
misconduct, intoxication, fail
with c
with commissioner.
maximum, $150.
mum,
$15;
minimum,
ure to use safeguards, violation
$7.50, or actual wages.
of law, or intentionally selfinflicted.
Burial expenses, maximum.
Personal injuries by accident aris 1 week. Nono if dis Death, 20 to 50 per Maximum, $15: minimum, Death, 400 weeks. Per (a)$100;
Presumed in absence Presumed in absence Assumed risk, follow Permitted if employer Waivers forbidden.,
20 to 50 per cent of wages
manent total disability,
$5, or actual wages.
cent. Disability, 50
ability continues for
ing out of and in course of em
of notice pasted in
of noticetoemployer
service, and con
foils to insure risk.
for
not over 400 weeks; maxi
550
weeks.
Others,
300
percent
ployment,
unless
duo
to
willful
6
weeks
or
more.
establishment and
and bureau of work
tributory negligence.
mum.
$15; minimum, $5, oi
weeks.
filed with bureau of
misconduct, intentional selfshop end factory
actual wages. (5) Burial ex
inflicted injury, intoxication, or
workshop and fac
inspection.
penses,
maximum, $100.
tory inspection.
willful failure to use safety ap
pliances or perform statutory
Maximum, $20; mini Death, 300 weeks. Total (a) 00 per cent of wages for 3G(
GOper cent..
By subscribing to Presumed in absence Assumed risk, fellow Permitted if employ Waivers forbidden..
Personal* injuries sustained in 1 week..,
weeks; maximum, $20; mini
disability. 401 weeks.
mum, $7.
course of employment unless
State association or
of written notice to
service, and con
er's willful or gross
mum, $7. (b) Expenses of las*
Partial disability, 300
insuring in other
due to willful intent to injure
employer.
tributory negligence,
negligence causes
sickness, and funeral beneii:
weeks.
company and notiunless willful or due
self
or
another,
intoxication,
death; damages, in
of $100.
act of Qod, or caused by act of
to intoxication.
addition to com
industri
third party for personal reasons.
pensation, if part
board.
of Insurance pre
miums is charged
against employee.
Burial expenses, maximum
60 per cent_________ Death: Maximum, $10. Permanent total disabil (a)$150;
Permitted if em A p p r o v e d substitute Personal injuries by accident aris 3 days...
60 per cent of wages for i
ity, life. Others, 312
Disability: Maximum,
schemes permitted if
ing out of or in course of em
ployer foils to In
years;
maximum, $16; total no
weeks;
may
be
extend
$16; minimum, $7, or
benefits equal those of
ployment. except those pur
sure risk, or if injury
over $5,000 nor less than $2,000
ed from special fund,
actual wages.
posely sell-inflicted.
isdueto employers
act; waivers forbidden.
(b) Burial expenses, maximum
in
case
of
total
de
willful misconduct.
$150; and 20 per cent of a deatl
pendents.
benefit to a second injury an<
total dependents' fund.
Permitted If injury is No provision..,
caused by illegal act
or gross negligence
of employer.
l Not provided for In compensation law.
Total disability
(а) Permanent
(б) Temporary
(a) (b) 60 per cent of wages for
not over 500 weeks; maximum.
$12; minimum, $0, or actual
wages; total not over $5,000.
'Medical and surgical aid
Partial disability
Nonresident alien
bencficiaries
Time for notice and claim
(a) By whom administered
(b) llow claims are settled
Accident reports required
Accidcnt-prcvention work
by—(a) Compensation
commission, (b) Other
agencies
8tato
(a) Workmen's compensation board, All subscribers to State fund must (a) Workmen's insurance Pennsylvania.
report all accidents to work
(b) Voluntary agreement, after 10
board as to subscribers
days, approved by board; dis
mens insurance board within
to State fund, (b) De
7 days; commissioner of insur
puted cases settled by referee,
partment of labor and
appeal to board; cases involving
ance may require insurers to
industry;1 department
file annunl statement of loss
agreed focts settled by board direct;
of mlnes.>
appeal to court upon questions of
experience. All employers (ex
cept casual employments) must
report all accidents of 2 days'
disability to department of labor
and Industry within 30 days.*
Claim must be made in 90 (a) Workmen's relief commission, (b) All employers must report all ac (a) No provision.
(b) Porto Rico.
Investigation and awards by com
days, 120 days if delay due
Department of agricul
cidents to commission within 5
mission; appeal to court.
to ignorance or cause out
days.
ture and labor.1
of claimants' control.
! loss for not over ! Reasonable medical, surgical, and Two-thirds benefits; Notice in 14 days; claim in
to widows and chil
l year.
hospital service for 80 days;
300 weeks: maximum, $12. Speci
dren only.
maximum, $100. except in hos
fied injuries, 60 per cent of wages
pital eases. Charges limited
for fixed periods in lieu of other
to prevailing rates.
payments; maximum, $12; mini
mum, $6, or actual wages. Dis
figurement, 60 per cent of wages,
not over 150 weeks.
Necessary medical attendance No provision...
(a) Compensation proportioned If pfrwmnewty
and sustenance as prescribed
portioned to degree of disability
to ago and rate of wages; maxi
by commission.
and rate of wages in addition
mum, $4,000; minimum, $2,000.
to temporary total; maximum
(b) 50 per cent of wages during
$2,000.
disability, for not over 101
weeks; maximum, $15; mini
mum, $3.
(a) (b) 50 per cent of wages for 50 per cent of wage loss for net over Reasonable medical and hospital No provision___. . . . . . Notice in 30 days; claim in
lyear.
scrvice for 8 iwk«r maximum,
300 weeks; maximum, $10. Speci
not over 500 weeks; maximum,
$150. or $200, including burial, in
fied injuries. 50 per cent of wages
$16; minimum, $7; total not
fotal cases Involving no depend
for fixed periods in addition to ail
orer $5,000.
other compensation; maximum,
ents.
$10; minimum, $1.
(a) Courts; commissioner of labor All assenting employers (except (o) No commission, (b)
cxcrcises certain functions, (b) Vol
public utilities) must report all
Factory inspector.1
untary agreement approvedby com
injuries of 1 week's disability to
missioner of labor; disputed coses
bureau of labor within 2 weeks,
settled by court; appeal to supreme
fotal within 48 hows.
court upon questions of law or
equity.
Notice in 30 days unless (a) Industrial commissioner, (b) Vol All assenting employers must re (a) No provision, (i Inexcused for cause; claim
untary agreement approved by
port all accidents to industrial
spector of mines.1
in l year.
commissioner; disputed cases set
commissioner within 48 hours;
tled by arbitration committee;
supplementary report after 60
review by commissioner; appeal to
days, or upon termination of
court upon questions of law.
disability.
Rhode Island.
8outh Dakota.
(a) 55 per cent of wages during 50 per cent of wage loss for not over Necessary medical, surgical, and Excluded.
hospital service for 12 weeks;
disability; maximum, $15,
0 years; maximum, $15. Speci
maximum, $150.
fied injuries, 55 per cent of wages
minimum, $7.50, total not more
for fixed periods in addition to
than death benefits, (b) 55 per
temporary total; maximum, $15;
cent of wages for not over 6
minimum, $7.50, or actual wages.
years; weekly maximum, $15;
Disfigurement, maximum, oneminimum, $7.50,’ or actual
fourth death benefits.
, wages.
Notice as soon as
(a) Courts. Department of labor Subscribers to coal operators* («) No provision, (b)
(a) 50 per cent of wages for 400 50 per cent of wage loss for not over Reasonable medical, surgical, and Included..,
cable; barred after:
Department of labor.1
hospital service for 90 days,
State fund must report all acci
300 weeks; maximum, $12; mini
supervises,
(b) Voluntary agree
weeks; maximum, $15; mini
longer at option of einr*
unless causeshown;
dents to commissioner of labor.
ments approved by court; disputed
mum, $5, or actual wages. Speci
mum, $5, or actual wages; not
maximum, $100; chi
in 1 year.
cases settled by courts.
fied injuries, 50 per cent of wages
over $5 thereafter for 150 weeks;
to prevailing rates.
for fixed periods; others propor
total not over $5,000. (b) 50
tionate; maximum, $12; mini
per cent of wages for not over
mum, $5, or actual wages.
300 weeks; maximum, $15;
minimum, $5, or actual wages,
Notice in 90 days; claim In (o) Industrial accident beard.
(b) All employers must report all acci (a) No provision, (b) Texas.
(s) (b) 60 per cent of wages during 60 per cent of wage loss for not over Reasonable medical and hospital
Bureau of labor statis
service/or 4 weeks. Two weeks
dents of more than 1 day's (Us
6 months
Voluntary agreement or by board;
300 weeks (401 weeks if partial
disability, for not over 401
tics;* mine Inspector,1
additional in cases requiring
appeal to court.
ability to board within 8 days;
follows total disability); maxi
weeks; maximum, $20; mini
Texas Employers' In
hospital confinement. Charges
supplementary report after 6
mum, $20. Specified injuries. 60
mum, $7.
surance Association.
limited to prevailing rates.
days, or upon termination of
per cent of wages for fixed periods,
disability.
In lieu of all other compensation;
proportionate for others, includ
ing disfigurement; maximum, $20;
miptftniTn, $7.
\a) 60 per cent of wages for 5 years; 60 per cent of wage loss for not over Reasonable medical and hospital One-half benefits ex Notice in 48 hours, or pen (a) Industrial commission* (b) Com All employers must report all (a) Industrial commission, Utah.
(b) No provision.
alty; barred after 1 year;
service; maximum, $500; more
accidents to commission within
cept to residents of
mission has full power to determine
thereafter, 45 per cent for life;
0 years; maximum, $16; total not
death claims barred after
if found necessary; hospital
1 week.
weekly maximum, $16; mini
all questions relating to compensa
oxer $5,000. Siiedfled injuries.
lyear.
benefit fund permitted in lieu
mum, $7. (b) 60 per cent of
tion; limited appeal to court.
60 per cent of wages for fixed
wages for not over 6 years;
of above.
periods, in addition to temporary
maximum, $16; minimum, $7,
total; maximum, $16. Disfigure
or actual wages; total not over
ment or loss of bodily function;
$5,000.
maximum, 200 weeks.
100.V— 2fit. (Face p. 72.) No. 5
PRINCIPAL FEATURES OF LAWS OF THE tJNITED STATES RELATIVE TO WORKMEN’S COMPENSATION A
Employments covered
Private
Vermont. Ch. 161. Appro' _
Apr. 1, 1915. In effect July 1,
1915. Amended each session.
Compensation benefits
How election is made
Public
Elective, as toall employments for gain, Eleethe, as to all emexcept those having less than 11 em
------------ Bbto,
ployees, domestic service, casual
employees, those not in usual course
or receiving moro
of employer’s business or receiving
than $2,000 a year.
over $2,000 a year. Voluntary, as to
other employments.
By employer
mustInsure in pri
vate companies or
provide sdMnsur-
By emidoyee
for __
Defenses abrogated If Suits
after election by
employer does not
both
em
ployer and
elect
employee
Presumed in absence Presumed in absence Assumed risk, follow Not permitted— .
service, and con
of written agreement
of written agreement
tributory negligence.
or notice to em
or notice to em
ployees and board;
ployer and board.
municipalities vote.
Virginia. Ch. 400. Became law Elective, as to all employments except Compulsory, as to all Electiot employers Presumed in absence Presumed in absence Assumed risk, fellow Not permitted..
over governor's veto Mar. 21,
those employing less than 11 em
service, and contrib
employees except
must insure in pri
of written or printed
of written notice to
1918. In effect Jan. l, 1919.
ployees, farmlabor, domestic service,
administrative of
vate companies or
utory ncgligcnoe.
notice to employees
employer and comAmended each session.
steamrailroads, casual employees, or
ficers and employees
and commission.
provids self-insur
those not in usual course of em
elected or appointed
ance. ployer's business. Voftcntorv, as to
for definite terms.
excepted employments.
Washington. Cli. 74. Approved Compulsory, as to “ extrahazardous” Compulsory, as to all Emplopis must in
Suit for excess donj
Mar. 14.1911. In effect Oct. lf
employees In “ extrasure mState fund.
1911. Amended each session.
list.,, V ^n to ^ as toTmpioynknts
hazardous” work in
a§dit£ntocompei^
not “ extrahazardous.”
which workmen are
sation, if injury re
employed Corwages,
sulted fromdeliber
and salaried peace
ate intention of em
officers. Voluntary,
ployer.
as to employments
not “ extrahazardous.”
West Virginia. Ch. 10. Ap
Elective, as to all em
oyeis By paying premiums Remaining In service Assumed risk, fellow Suit for excess dam
proved Feb. 22; 1913. In effect
_____ _____i State
service, contribu
ployees except el
and posting notice.
with notice of em
ages permitted, in
Oct. 1/1913. Amended 1915,
fundorprovide Selfployer’s election.
tory negligence, and
tive
officials.
addition to compen
1919; 1923* 1925.
Voluntary, as to employees' not
negligence of per
sation if injury is
regularly employed.
sons "whose duties
due to employer's
intent toinjury; also
are prescribed by
statute.**
permitted if em
ployer is in default
on
premiums.
Wisconsin. Ch. 50. Approved Elective, as to all emi
Compulsory, as to all Electing employers Presumed as to em Presumed in absence Assumed risk, follow Not permitted........
May 3, 1911. In effect same
tboso having less than 3 employees,*
ployers of 3 or more
must
insure
in
pri
of
written
notice
to
service,
and
eontribemployees
except
of
date. Amended each session.
form labor, and employees not In
persons in absence
employer, if em
ficials.
vate companies or
usual course of employer’s business.
less wi
provide self-insurof notice filed with
ployer elects.
Kofawf^^qoint election), as to
Wyoming. Ch. 121. Approved Compulsory, as to “ extrehazaidous” Compulsory, as to all Employere must in
Feb. 27.1915. In effect Apr. 1,
employmentsenumeratedconducted
employees in “extrasurein State fund.
1915. Amended 1917,1919; 19B&.
forgain, except casual employees not
hazardous” work in
In usual course of employer’s busi
which workmen are
ness, clerical ttnployees not subject
employed for wages
to hazard of employment, and
unless otherwise
provided for.
United States. 35Stat.556. Ap.
Compulsory, as to all
proved May 30,1908. In effect
civil
employees of
Aug. 1,1908. Amended 1911-12.
the United States
*ew act. No. 267, approved
and
of
the Govern
Sept. 7, 1916. In effect same
ment of the District
dale. Amended 1919; 1922,1824,
of Columbia, except
police and firemen
having pension
*D INSURANCE—Continued
Special contracts
Waivers forbidden..
Injuries covered
Waiting time
Per cent of wages
1 week.,
Personal ___ . . _________
ing outtf and in course of em
ployment, unless due to willful
intention to Injure self or an
other, intoxication, or failure to
use safety devices.
Death, 15 to 45 per
cent. Disability, 50
percent.
Maximum and minimum
weekly compensation
payments
Death
[а) Dependents
[б) No dependents
Maximum period
Death: Minimum basic 2G0 weeks..
wage, $5. Total dis
ability: Maximum,
$15, minimum, $0, or
actual wages if ^ less.
Partial disability: Maxi
mum, $10.
Maximum, $12, mini Death. 300 weeks. Total
disability. 500 weeks.
mum, $6.
Partial (Usability, 300
weeks.
expenses, maximum,
00; 15 to 45 per cent of wages
%Burial
for 260 weeks; minimum basic
Personal injuries by accident aris 10 days. None if dis 50 per cent...
ability continues
ing out or and in course of em
more than 0 weeks.
ployment, unless duo to will
ful misconduct, intent to injure
self or another, intoxication, or
willful failure to use safety ap
pliances or obey safety rules.
Monthly pension: Monthly pension: Death, Death, during life or until
Waivers forbidden; hospital Personal injuries resulting from a 3 days..
remarriage of widow or
$20. permanent total dis
amounts not based
fortuitous event, sustained on
fund may bo maintained.
invalid widower. Total
ability, minimum $35;
on wages.
premises of plant or in course of
disability, during its
no fixed maximum.
employment away from
continuance.
not deliberately self- ’
Approved schemes _____
ted. Waivers forbidden.
t) Burial expenses, maximum,
$100:50 per cent of wages for 300
weeks; maximum, $12, mini
mum, $6; total not over $4,500.
(6) Burial expenses, maximum,
$150.
Burial expenses, maximum.
if single, $120 if married; $33
%a 100
month to widow or invalid
widower until death or remar
riage; and $12.50 for 1 child, $7.0.'
for next youngest, and $5 toeach
other child under 16; S250 «lditional to widow, (b) Burial ex
penses, maximum, $100.
Burial expenses, maximum,
Death, monthly pen Disability: Maximum, $16, Death, during lifo or until (a)$150;
widow or invalid widower,
remarriage of widow or
minimum, $8.
sion.
Disability,
$30
a month until death or re
invalid
widower.
Per
06ft per cent.
marriage; $5 additional for each
manent total disability
child under 16. (5) Burial ex
lifo. Temporary total
penses, maximum, $150.
disability, 78 weeks.
Permanent partial disa
bility, 310 weeks.
Burial expenses, maximum,
Maximum, $18.20; mini Permanent total disability,
Insurance or other schemes Personal injuries growing out of 1 week. None if dis 65 per cent..
_00;
cent of wages tc
1,000 weeks.
%equal
S 654 per
mum, $0^3.
ability continues for
and incidental to employment,
may provide added bene
years' earnings, but
more than 3 weeks.
unlessintentionally self-inflicted
fits. waivers forbidden.
not to exceed a total disability
Occupational diseases included.
benefit: maximum annual earn
ings, $1,400; minimum, $525
(6) Burial expenses, maximum
$200, and 4 years' earnings,maxi
mum, $1,00% to special depend
ency fond.
Benefit funds permitted Personal injuries sustained in 1 week..
course of and resulting fromem
ployment, unless seu-intiictcd
contribute and benefits
or due to willful misconduct,
equal thosc.ofact. Waivers
disobedience to rules, intoxi
forbidden.
cation, or failure to use safety
appliances.
total disabil No provision.......
Permitted if employer Waivers forbidden. No re Injuries sustained as a result of 7 days. None if disa Amounts not based Temporary
ity: Monthly pension,
bility continues for
on wages.
employment, unless due to cul
duction of liability al
does not contribute
$50 to $90. Fixed lump
moro than 21 days.
pable negligence of employee or
lowed.
to State hind.’
sums in other cases.
willful act of a third patty.
Government can not No provision.....
be sued.
1 Not provided for in compensation law.
wage, $5; total not over $3,500;
(^Burial expenses, maximum,
Personal injuries sustained while 3 days. Compensa Death, 10 to
cent.
Dl„
tionbeginsonfourth
in performance of duty unless
66% per cent.
day after disability
due to willful misconduct, in
or exhaustion of sick
tention to injure self or another,
and annual leave.
or intoxication, including any
disease praximatciy caused by
the employment.
Dea t h : B a s i c wago, Death, during life or until
remarriage of widow or
m o n t h l y maximum,
widower; other depend
$100: minimum, $50.
ents, 416 weeks. Disa
Total disability:
bility, during its conMonthly
maximum,
$66.67; minimum, $33.33,
or actual wapes f less
than $33.33. Partial dis
ability: Monthly maxi
mum, $66.67*
(a) Burial expenses* maximum
$150, lump sum of $2,000 t*
widow or invalid widower; ato
$120ayear for each boy under 1C
or girl under 18; total not ove
$3,G00. (6) Burial expenses
maximum, $150.
■ Burial expenses, maximum
and transportation; 35 pe
%J100
cent of wages to widow or dt
pendent widower until death c
remarriage and 10 per cent fc
each child under 18, not ovc
66K per cent in all; other d<
pendents, 10 to 40 per cent fc
not over 8 years; basic wagi
maximum, $100 a month; min
mum, $50. (6) Burial expenses
maximum, $100 and transport*
ton.
Total disability
(a) Permanent
(ft; Temporary
Medical and surgical aid
Partial disability
Nonrcsident alien
beneficiaries
Time for notice and claim
(a) By whom administered
(5) How claims are settled
Accident reports required
Acddcnt-preventlan work
by—(e) Compensation
commission. (6) Other
8goncios
State
All assenting emidoycrs must re-! (a) Commissioner of in- Vermont.
(a) (6) 50 per cent of wages for 50 per cent of wage loss for not over Reasonable medical, surgical, and No provision...
Notice as soonas practicable;
port all injuries^of l_day's dls- ! dustries. (6) No provi
260 weeks; maximum, $15; mini
claim in 6 months.
hospital service /or 14 days,
2fl0 weeks: maximum, $10. Speci
ability or requiring medical at-!
mum $6, or actual wages if less
fied injuries, 50 per cent of wages
maximum, $100. Charges lim
tendance
to commissioner with
by commissioner, appeal to courts.
than $3; total not over§4,000.
for fixed periods, in addition to
ited to prevailing rates.
in 72 hours; supplementary re
temporary total; others propor
port
after
each GO days or tei>
tionate; maximum, $15, minimum,
initiation of disability.
$6 or full wages if less. Compensa
tion for disfigurement.
[a) (6) 50 per cent of wages for not 50 per cent of wage loss for not over Necessary medical, surgical, and $1,000 maximum ex Notice in 30 days. Claim In (a) Industrial commission, (b) Vol All employers must report all in (a) No provision. (5) Bu Virginia.
reau of labor and indus
juries of over 1 week's disability
over 500 weeks; maximum, $12,
untary agreement after 10 days ap
lyear.
300 weeks; maximum, $12. Speci
hospital service /or 90 days,
cept to residents of
trial statistics.1
to commission within 10 days;
minimum, $6; total not over
proved by commission; disputed
Canada.
fied injuries, 50 per cent of wages
longer at option of employer,
supplementary report after 60
$1,500.
cases settled by commission or
for fixed periods; maximum, $12,
employee must accept unless
days
or
upon
termination
of
dis
member thereof; reviewby full com
minimum, $0. Disfigurement, not
otherwiso ordered by commis
ability.
mission; appeal to courts.
over 60 weeks.
sion; charges limited to prevail
ing rates.
No provision; (b) Divi Washington.
$35 a month if single* $40 if Proportionate amounts based upon Necessary medical, surgical, and One-half benefits; to Claim In 1 year...,
(a) Division of industrial Insurance, All employees must report all acci (a)sion
of safety;1 State
dents to division of Industrial
. or invalid husband, and
(b) All questions relating tocompen
parents only, unless
loss of earning capacity; maxi hospital service and transporta
mining
board.1
insurance at once.
$12.50 for one child. $7.50 for
sation determined by division; ap
mum, $2,400. Fixed sums for tion. Employees bear one-half
treaty to contrary;
next youngest, and $5 for each
peal to courts.
certain specified injuries.
cost.
nothing if law of
other child under 16. If tem
nation exdudes citi
porary, above schedule increased
zens of U n i t e d
far first 6 months in certain casts.
States.
(a) 66K per cent of wages for life; If permanent, 66K per cent of wages Reasonable medical, soigical, and Widow, invaud wid Claim In 6 months; proof of (a) Compensation commissioner. (5) All employers must report any in (a) Commissioner may re West Virginia.
quire e m p l o y e e s
formation required by compen
weekly maximum. $16, mini
dependency in 9 months.
Commissioner has tail power to de
hospital treatment; maximum,
for fixed periods; for life if over 85
ower, and children
to adopt and post safety,
sation commissioner for purpose
mum, $8. (6) 66H per cent of
termineall questionsrelatingtocom
per cent of disability; weekly
$800; in permanent disability
only.
rules, (b) Bureau of La
of
act
upon
request.
wages for not over 52 weeks (78
pensation; appeal to courts.
maximum, $10, minimum, $8.
cases where disability can bo
bor;1 Department of
weeks in special cases); maxi
materially reduced, special treat
mum, $16, minimum, $3.
ment up to $600.
(a) Industrial commission, Wisconsin.
(a) 65 per cent of wans for 260 to Specified major injuries, fixed per Reasonable medical, surgical, and Included..
Notice in 30 days; daim in (a) Industrial commission, (b) Vol AUcvm~~*~---- ----------(b) No provision.
and insurers must report all
1,000weeks, depending on age of
untary agreement approved by com
2 years.
centages of total disability, speci
hospital treatment for SOdays;
ddents to commission within
employee. Maximum, $18.20,
mission; disputed cases settled by
fied lesser injuries, 65 per cent of
longer if disability periodcan be
first
5
days
of
cach
months
minimum, $6.83. (6) 65 per
commission; appeal to courts.
wages for fixed periods, subject to
decreased; also necessary arti
cent of wages during disability;
extension; others proportionate,
ficial members. Ch r i s t i a n
maximum, 4 years* earnings.
based on SOper cent of schedule,
Science treatment permitted
Maximum annual earnings,
all in addition to temporary total.
unless employer refusesby filing
$1,400, minimum, $525
Disfigurement, not to exceed one
written notice.
year's earnings. On loss of a
major member, $150 must bo paid
into second Injury fund.
Wyoming.
(a) Lump sum of $4,000 plus $120 Fixed lump sums for specified in In nonfatal coses, medical andhos One-third benefits; to Claim in 6 months, but if (a) Courts; fund supervised by State All emidoyers engaged in extra- (al No commission,
inspector of mines.1
hazardous employments must
a year for each boy under 10 or
noticewas given within 20
juries, in addition to temporary
treasurer. (A) Claims and disputed
parents, widow and
pital service: maximum, $300,
report all accidents to district
girl under 18; total not over
cases settled by district courts of
days, claim may be made
total; others in proportion; maxiunless there is a hospital fund.
children only.
court within 20 days.
$8,000. (6) $50 a month if single,
within 9 months.
county; appeal to supreme court.
num, $1,500.
$60 If married; $7.50 a month for
each child under 16; maximum,
$90; total not over S8.000.
No provision, (b) Bu United States.
(a) (6) 66ft per cent of wages 66K per cent of wage loss during Reasonable medical, surgical, and Included..
Notice in 48 hours, 1 year (a) United States Employees’ Com Immediato superiors must report (a)reau
of Mines;1 Bureau
such information as required by
during disability; monthly maxi disability; monthly — 1-----for reasonablecause; claim
pensation Commission. (5) Com
hospital service, and transjwrof Standards;1 Intercommission immediately; sup
mum, $66.67; minimum, $33.33,
$66.67.
for disability in 60 days,
mission decides all questions arising
tulion if necessary, for a reason
*
state
Commerce Com
plementary
reports
as
required
or actual wages if less than
under act.
1 year for reasonable cause;
able period unless emidoyee romission.1
by commission.
$33.33.
death, 1 year.
1 But employers having less than 3 employees lose defense of assumed risk If they do not elect
1005°—2Gt.
(Face p. 72.)
No. 6
TEXT OF WORKMEN’S COMPENSATION LAWS OF THE
UNITED STATES
ALABAMA
CODE OF 1923
Compensation of workmen for injui'ies
[Following are sections of the said code relating to violations of the work
men’s compensation act.]
S ection 3‘.)92. False verification of complaint.— [False statements in verifying
complaints are punishable as perjury,]
S kc. 8!H)3. Accepting compensation after dependency.— [Knowingly accept
ing benefits after marriage or attaining the age of 18 or after disability has
ceased is a misdemeanor.]
S ecs. 3994-3996. Fraudulent claims9 etc.— [The knowing presentation of a
fraudulent claim or fraud in making or perfecting a settlement or knowingly
testifying falsely as to material facts are, as to the first two, misdemeanors,
and as to the last, perjury.]
Sec. 3997. False statements by physicians.— [Physicians knowingly making
false statements or certifications as to compensation claimed are guilty of a
misdemeanor.]
Sr;es. 3998, 3999. Solicitation by attorney.— [Attorneys soliciting employment
to act for a consideration in claims by employees or accepting claims that
have been solicited by others, or who employ solicitors are guilty of a mis
demeanor and are to be disbarred. It is also a misdemeanor for any person not
authorized to practice as an attorney to solicit claims to be represented by him
for a consideration.]
Sec. 4000. False affidavits.— [Making false affidavits is perjury.]
Swo. 4001. Soliciting insurance.— [Insurance companies and their repre
sentatives must comply with the law as to filing their classifications of risks
and premiums, and securing approval of their plan of business from the super
intendent of insurance. Failure to comply is a misdemeanor.]
Sec. 4002. Failure to make reports.— [Any willful failure to make written
reports as required by the compensation law is a misdemeanor.]
S ec. 4003. Accepting assignment of claims.— [Any person other than a bene
ficiary who, for a consideration, takes or accepts an assignment from an em
ployee of his claim or award for compensation or accepts the same as security
or cakes power of attorney to collect the same for an interest therein is guilty
of a misdemeanor.]
[The following are the sections of the compensation act presented as part of
the Civil Code.]
Article 1
S ection 7534. Compensation payable, when.—When personal injury or death is
caused to an employee by an accident arising out of and in the course of his
employment, of which injury the actual or lawfully ijnputed negligence of the
employer is the natural and proximate cause, he, or in case of death, his per
sonal representative, for the exclusive benefits of the surviving spouse and
pext of kin, shall receive compensation by way of damages therefor from the
employer, provided the injury or death was not caused by the willful miscon
duct of the employee or was not due to misconduct on his part, as defined in
section 7544.
Srocs. 7535-7537. Defenses.— [In proceedings under article 1, the common
law defenses are excluded unless the negligence of the employee was willful,
and so in an action at law against an employer rejecting article 2 : but if an
employee rejects and sues an employer who has accepted article 2, such suit
shall be at common law only, with all defenses available to the employer.]
73
74
w o r k m e n ’s COMPENSATION LAWS— UNITED STATES
Secs. 7538, 7539. Scope.— [The provisions of secs. 7534-7537 apply to cases
o f an employee’s death or personal injury under other statutes, and to minors,
whether lawfully or unlawfully employed.]
Sec. 7510. Contracts made within State.—When an accident occurs while
the employee is employed elsewhere than in this State which would entitle
him or his dependents to compensation had it happened in this State, the em
ployee or his dependents shall be entitled to compensation under articles 1 and 2
of this chapter if the contract of employment was made in this State unless
otherwise expressly provided by said contract, and such compensation shall be
in lieu of auy right of action and compensation for injury or death by the laws
of any other State.
Sec. 7541. Burden of proof.—In all actions of law brought pursuant to
article 1 of this chapter, the burden of proof to establish willful misconduct,
or other misconduct as defined in section 7544 of the injured employees shall
be upon the defendant.
Sec. 7542. Attorney's fees.— [No part of the compensation payable under this
act may be paid for legal services except on application by a claimant and
approval by a judge of the circuit court, and may not exceed 10 per cent of
the award.]
Article 2
Section 7543. Scope of act.—Articles 1 and 2 of this chapter shall not be con
strued or held to apply to any common carrier, doing an interstate business
while engaged in interstate conimercc, or to domestic servants, farm laborers
or persons whose employment at the time of the injury is casual, and not in
the usual course of the trade, business, profession, or occupation of the em
ployer or to any employer who regularly employs less than 16 employees in
any one business, or to any county, city, town village, or school district. Any
employer who regularly employs less than sixteen employees in any one busi
ness of any county, city, town, village, or school district may accept the pro
visions of articles 1 and 2 of this chapter by filing written notice thereof with
the probate judge of each county in which said employer is located or does
business, said notice to be recorded by the judge of probate for which he shall
receive the usual fee for recording conveyances, and copies thereof to be posted
at the places of business of said employers. Said employers who have so
elected to accept the provisions of articles 1 and 2 of this chapter may at any
time withdraw the acceptance by giving like notice of withdrawal. Tn no event
nor under any circumstances shall articles 1 and 2 of this chapter apply to
farmers and their employees.
Sec. 7514. Effect of agreement.—If both employer and employee shall by
agreement expressed or implied or otherwise as herein provided become sub
ject to article 2 of this chapter, compensation, according to the schedules here
inafter contained, shall be paid by every such employer in every case of personal
injury or death of his employee caused by an accident arising out of and in
the course of his employment, without regard to any question of negligence,
except no compensation shall be allowed for any injury or death caused by
the willful misconduct of the employee or by the employee’s intention to bring
about the injury or death of himself or of another or due to his own intoxica
tion or his willful failure or willful refusal to use safety appliances provided
by the employer or due to the 'willful refusal or willful neglect, of the employee
or servant to perform a statutory duty or due to any other willful violation of
the law by the employee or his willful breach of a reasonable rule or regula
tion of his employer of which rule or regulation the employee has knowledge.
If the employer defends on the ground that the injury arose in any or all of
the last above-stated ways, the burden of proof shall be on the employer to
establish such defense.
Secs. 7545, 7546. Remedy exclusive.— [Such agreement effects a surrender of
other rights of action or recovery and is binding on survivors, personal repre
sentatives, receivers, etc., and all other rights and remedies are barred; but
criminal liability for violation of law is not affected.]
Skcs. 7547, 7548. Klection.— [Contracts of employment are presumed to have
been made with reference to this act unless otherwise expressly stated in
writing, or unless written or printed notice to the contrary has been given by
either party to the other. Employers* notices must be posted, and those by
employees served on the employer. In either case, a copy must be filed with
TEXT OF LAWS----ALABAMA
75
the probate judge of the comity. Acceptance or rejection may be terminated 011
30 days’ notice lo the other party, a copy, with proof of service, to be filed with
the probate judge.]
Sec. 7549. Minoru*— IMinors have the cuime pow er as adults as to election,
settlements, and the receipt of compensation, subject lo the power of the court
in its discretion, to require the appointment of a guardian.]
S ec. 7550. Settlements.—The interested parties shall have the right to settle
all matters of compensation and all questions arising hereunder between them
selves, but all {settlements made hereunder must be in amount substantially
the same as the amounts or benefits stipulated in this article, unless a judge of
the circuit court of the county where the claim for compensation under this
chapter is entitled to be made or upon the written consent of ibe parties a
judge of the circuit court 01* a judge of the probate court of any county deter
mines that it is for the interest of the employee to accept a le:-wer sum and
approves such .settlement. Any settlements hereunder may be vacated for
fraud, undue influence or coercion upon application made to the judge approv
ing the settlement at any time not later than six months after the date of the
settlement. T'pon such settlements being approved judgment shall be rendered
thereon and duly entered 011 the records of said court in the same manner and
to have the same effect as other judgments or as an award if the settlement
is not for a lump sum. The costs of the proceedings which shall not exceed
$2, shall be borne by the employer. Ail moneys voluntarily paid by the em
ployer 01* insurance carrier to an injured employee in advance of agreement or
award or under an approved or vacated agreement or award shall be treated as
advance payments 011 account of the compensation due.
S ec. 7551. Temporary total disability.— Following is the schedule of compen
sation: (a) For injury producing temporary total disability. 5<j per cent of the
average weekly earnings received at the time of injury, subject io a maximum
compensation of #12 per week, except as otherwise provided herein, and a mini
mum of #5 per week, but if at the time of injury the employee receives average
weekly earnings of less than Jj>5 per week, then he shaii receive the full amount
of such average weekly earnings per week. This compensation shall be paid
during the time of such disability, not, however, beyond 300 weeks. Payments
to be mode at the intervals when the earnings were payable, as nearly as
may be.
(b) Partial disability.—In all cases of temporary partial disability the com
pensation shall be 50 per cent of the difference between the average weekly
earnings of the workmen at the time of the injury and the average weekly
earnings he is able to earn in his partially disabled condition. This com
pensation shall be paid during the period of such disability, not. however,
beyond £00 weeks, payments to be made at the intervals when Ilie earnings
were payable as nearly as may be and subject to the same maximum as stated
in subsection (a). If the injured employee who is receiving such compensa
tion for temporary partial (Usability should leave the employment of the
employer by whom he was employed at the time of the accident for which
such compensation is being paid, he shall, upon securing employment else
where. give to such former employer an allidavit iu writing containing the
name of his new employer, the place of the employment, and the amount of
wages being received at such new employment, and until he gives such affidavit
the compensation for temporary partial disability shall cease. The employer
by whom such employee was employed at the time of the accident for which
such compensation is being paid may also at any time demand of such
employee, additional affidavit in writing containing the name of his employer,
the place of his employment and the amount of wages he is receiving and if
the employee, upon such demand, fails or refuses to make and furnish snch
affidavit his right for compensation for temporary partial disability shall cease
until such affidavit is made and furnished.
(c) Schedule for apceiflcd Injuries.—For permanent partial disability the
compensation shall be based upon the extent of such disability. In cases
included by the following schedule the compensation shall be that named in
the schedule, to wit: For the loss of a thumb, 50 per cent of the average
weekly earnings during 60 weeks. For the loss of a first finger, commonly
called index linger, 50 per cent of the average weekly earnings during 35
weeks. For the loss of a second finger, 50 per cent of the average weekly
earnings during 30 weeks. For the loss of a third finger, 50 per cent of the
1965°—26----- 6
76
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
average weekly earnings during 20 weeks. For the loss of a fourth finger,
commonly called little linger, 50 per cent of the average weekly earnings dur
ing 15 weeks. The loss of the first phalange of the tiiuuib. or of any finger,
shall be considered as equal to the loss of one-half of such thumb or finger,
and compensation shall be paid at the prescribed rate during one-half of the
time specified above for such thumb or finger. The loss of two or more
phalanges shall be considered as the loss of (he entire finger or thumb; but iu 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 grout too.
50 per cent of the average weekly earnings during 30 weeks. For’ the Joss
of one of the toes other than Hie great toe, 50 per cent of the average weekly
earnings during 10 weeks. The loss of the first phalauge of any toe shall be
considered to be equal to the loss of one-half of such toe. and compensation
shall be paid at the prescribed rate during one-hulf the time prescribed above
for such too. The loss of two or more phalanges .shall be considered as the loss
of the entire toe. For the loss of a hand. 50 per ceut of the average weekly
earnings during 150 weeks. For the loss of an arm, 50 per cent of the aver
age weekly earnings during 200 weeks. For the loss of a foot, 50 per cent of
the average weekly earnings during J25 weeks. Fur the loss of a leg 50 per
cent of the average weekly earnings during 175 weeks. For the leys of an eye.
50 per cent of the average weekly earnings during 100 weeks. For the com
plete and permanent loss of hearing in both ears, 50 per cent of the average
weekly earnings during 150 weeks. For the loss of an eye and a leg, 50 per cent
of the average weekly earnings during 350 weeks. For the loss of an eye
and an arm, 50 per cent of the average weekly earnings during 350 weeks. For
the loss of an eye and a hand, 50 per cent of rlie average weekly earnings dur
ing 325 weeks. For the loss of an eye and a foot, 50 per cent of the average
weekly earnings during 300 weeks. For the loss of two arms other than at
the shoulder, 50 per cent of the average weekly earnings during 400 weeks.
For the loss of two hands. 50 per cent of the average weekly earnings during
4(H) weeks. For the loss of two legs, 50 per cent of the average weekly earnings
during 400 weeks. For the loss of two feet, 50 per cent of the average weekly
earnings during 400 weeks. For the loss of one arm and the other hand. 50 per
cent of the average weekly earnings during 400 weeks. For the loss of one
hand and one foot, 50 per cent of the average weekly earnings during 400
weeks. For the loss of one leg and the other foot. 50 per cent, of the average
weekly earnings during 400 weeks. For the loss of one leg and one hand, 50
per cent of the average weekly earnings during 400 weeks. For the loss of one
arm and one foot. 50 per cent of the average weekly earnings during 400
weeks. For the loss of one arm and one leg, 50 per cent of the average weekly
earnings during 400 weeks: Concurrent injuries^ Where an employee sustains
concurrent injuries resulting in concurrent disabilities he shall receive com
pensation only for the injury which produced the longest period of disability,
but this section shall not effect liability for the concurrent loss of more than
one member, for which member compensation is provided in the specific
schedule in subsection (d) below: Loss of w*e, In all cases the permanent and
total loss of the use of a member shall be considered as equivalent to the loss
of that member, but in such cases the compensation in and by said schedule
shall be in lieu of all other compensations. In cases of permanent disability
due to injury to a member resulting in less than total loss of use of such mem
ber not otherwise compensated in this schedule, compensation shall be naid
at the prescribed rate during that part of the time specified in the schedule
for the total loss or total loss of use of the respective member, whirli the
extent of the injury to the member bears to its total loss: Refuting employ
ment, If an injured employee refuses employment suitable to his capacity,
offered to or procured for him, he shall not be entitled to any compensation
at any time during the continuance of such refusal, unless at any time in the
opinion of the judge of the circuit court of the county of his residence such
refusal is justifiable. All compensations provided in clause (r) of this section
for loss of members, or loss of use of members, are subject to the same limita
tions as to maximum and minimum as are stated in clause (a). In all other
cases of permanent partial disability not above enumerated, the compensation
shi'll he 50 per cent of the difference between the average weekly earnings
of the workman at fhe time of the injury and the average weekly earnings he
is able to earn in his partially disabled condition, subject to a maximum of
$12 per week as otherwise provided herein. Compensation shall continue dur
ing disability, not, however, beyond 300 weeks. In case the injured employee
leaves the services of the employer for whom he was working at the time of
TEXT OP LAWS— ALABAMA
77
the accident and accepts employment elsewhere lie shall mnk? and furnish
affidavit as to his new employment in the manner as required in subsection
(h) hereof.
(d) Permanent total disability.—For permanent total disability as defined iu
subsection (c) 50 per cent of the average weekly earnings received at the
time of the injury subject to a maximum compensation of $12 per week except
as otherwise provided herein and a minimum compensation of $3 per week.
If ac the time of injury the employee was receiving earnings of less than $3
per week, then he shall receive the full amount of his earnings per week.
This compensation shall be paid during such permanent total disability, not
exceeding 5f>0 weeks; but in all such cases drawing more compensation chan
$5 per week, the payment after the first 400 weeks .shall be red-.iced to $5
per week for the remainder of the 550 weeks, while the permanent total
disability continues; payment to be made at the intervals when the earnings
were payable as nearly as may be. Such payments with the approval of i
circuit judge may be made monthly or quai-re.iy. The total amount of com
pensation payable under this subsection shall not exceed $5,000 in any ease.
In case an employee, who is permanently and totally disabled becomes an
inmate of a public institution, then no compensation shall be payable unless
he has wholly dependeut on him for support a person or persons named in
subsection (1), (2), and (3) of sections Y552, 7558, whose dependency shall
be determined as if the employee were deceased, in which case the compensa
tion provided for in this subsection shall be paid for the benefit of such
person so dependent, during dependency, in the manner ordered by the court,
while the employee is an inmate of such institution.
(e) The total and permanent loss of the sight of both eyes, or the loss
of both arms at the shoulder, or complete and permanent paralysis or total
and permanent loss of mental faculties, which totally incapacitates the em
ployee from working at an occupation which brings him an income shall
constitute permanent total disability.
( .) 3. Second injuries.—If an employee has a permanent disability or has
previously sustained another injury than that iu which he received a subse
quent permanent injury by accident such as is specified in the sections herein
defining permanent injury he shall be entitled to compensation only for the
degree of injury that would have resulted from the latter accident if the
earlier disability or injury had not existed.
(c)
l l/o. If an employee has previously lost the sight of one eye or lost
one leg or lost one arm, and thereafter in the same employment or in the
employment of another he should by accident receive additional injuries so
as to proximately cause the loss of the sight of both eyes or the loss of both
legs or the loss of both arms said employee shall receive three-fourths of
the amount provided hereunder for one who has received a permanent total
disability and there shall be credited on said three-fourtlis amount any pay
ments which said employee had received or may receive for his first disability.
2.
For permanent total disability other than as defined hi subsection {e)
50 per cent of the average weekly earnings received at the time of injury
subject to a maximum compensation of $12 per week and a minimum com
pensation of $5 per week; but if at the time of injury the employee was
receiving earnings of less than $5 per week, then he shall receive the full
amount of his earnings per week. This compensation shall be paid during
the period of such permanent disability not exceeding 400 weeks; payments
to be made at the intervals when the earnings were payable as nearly as may
be. Such payments with the consent of the circuit judge may be made
monthly or quarterly.
(e)
3. If an employee received an injury for which compensation is payable
while he is still receiving or entitled to compensation for a previous injury in
the same employment, he shall not at the same time be entitled to compensa
tion for both injuries, unless the later injury be a permanent injury, such as
specified in section 13; but he shall be entitled to compensation for that injury
and from the time of that injury which will cover the longest period and the
largest amount payable under articles 1 and 2 of this chapter.
(e )
4. If an employee receives a permanent injury as specified in this section
after having sustained another permanent injury in the same employment, he
shall be entitled to compensation for both injuries, but the total compensation
shall be paid by extending the period and not by increasing the amount of
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w o r k m e n ’s COMPENSATION LAWS— UNITED STATES
weekly compensation, and in 110 case exceeding 500 weeks. When the previous
and subsequent permanent injuries received in the same employment result in
total disability compensation shall be payable for permanent total disability,
but payments made for the previous injury shall be deducted from the total
payment of compensation due.
if) Subsequent death.— In case a workman sustains an injury occasioned by
an accident arising out of and in the course of his employment and during the
period of disability caused thereby death results proximately therefrom, all
payments previously made as compensation for such injury shall be deducted
from the compensation, if any, due on account of death.
(f)
1. Hernia.—In all claims for compensation for hernia resulting from
injury by an accident arising out of and in the course of his employment it
must be definitely proved to the satisfaction of the court:
First. That there was an injury resulting in hernia.
Second. That the hernia appeared suddenly.
Third. That it was accompanied by pain.
Fourth. That the hernia immediately followed an accident.
Fifth. That the hernia did not exist prior to the accident for which compen
sation is chiimed.
All hernia, inguinal, femoral, or otherwise, so proved to be the result of an
injury by accident arising out of and in the course of the employment shall be
treated in a surgical manner by radical operation. In case the injured employee
refuses to undergo the radical operation for the cure of said hernia, no com
pensation will be allowed during the time such refusal continues. If, however,
it is shown that the employee has some chronic disease, or is otherwise in such
physical condition that the court considers it unsafe for the employee to
undergo said operation, the employee shall be paid as otherwise provided in
this chapter.
(ff) Wage basis.—Compensation hereunder shall be computed 011 the basis of
the average weekly earnings. “ Average weekly earnings " shall mean the earn
ings of the injured employee in the employment in which he was working at
the time of the injury during the period of 52 weeks immediately preceding the
date of the injury divided by 52; blit if the injured employee lost more than
seven consecutive calendar days during such period although not in the same
week, then the earnings for the remainder of such 52 weeks shall be divided by
the number of weeks remaining after the time so lost has been deducted.
Where the employment prior to the injury extended over a period of less than
52 weeks, the method of dividing the earnings during that period by the number
of weeks and parts thereof which the employee earned wages shall be followed,
provided results just and fair to both parties will thereby be obtained. Where
by reason of the shortness of the time during which the employee has been in
the employment of his employer, or the casual nature or terms of the employ
ment, it is impracticable to compute the average weekly earnings as above
defined, regard shall be had to the average weekly amount, which during the
52 weeks prior to the injury was being earned by a person in the same grade,
employed at the same work by the same employer, and if there is no such
]>erson so employed, by a person in the same grade employed in the same class
of employment in the same district Wherever allowance of any character
made to an employee in lieu of wages are specified as part of the wage contract,
they shall be deemed a part of his earnings.
(h)
Additional allowance for children.— Wherever in this section there is a
provision for 50 per cent such per cent shall be increased 5 per cent for each
totally dependent child of the employee under the age of 18 years at the
time of the injury to the employee until such per cent shall reach a maxi
mum of 60 per cent. Wherever in this section a weekly maximum compen
sation of $12 is provided such maximum compensation shall be increased in
the following cases to the following amounts: Thirteen dollars in case of an
employee with one totally dependent child under the age of 18 years at the
time of the injury to the employee. Fourteen dollars in case of an employee
with two totally dependent children under the age of 18 years at the time of
the injury to the employee. Fifteen dollars in case of an employee with three
or more totally dependent children under the age of* 18 years at the time of
the injury to the employee. The increase in the above per cent and in the
maximum amount shall be paid only so long as the child upon which the in
crease is based remains under the age of 18 years.
Sec. 7552. Dependents.—For the purposes of this chapter the following de
scribed persons shall be conclusively presumed to be wholly dependent:
TEXT OF LAWS— ALABAMA
79
(a) Wife, unless it be known that she was voluntarily living apart from her
husband at the time of his injury or death or unless it be shown that she was
not married to the deceased at the time of the accident or for a reasonable
period prior to his death, or unless it be shown that the husband was not in any
way contributing to her support.
(b) Children between 10 and 18 years of age or those over 18, if physically
or mentally incapacitated from earning shall prima facie be considered de
pendent.
Sec. 7553. Total dependents.—Wife, child, husband, mother, father, grand
mother, grandfather, sister, brother, mother-in-law, and father-in-law who were
wholly supported by the deceased workman at the time of his death and for a
reasonable period of time immediately prior thereto shall be considered his
total dependents, and payment of compensation shall be made to them in the
order named.
Sec. 7554. Partial dependents; death benefits.—Any member of a class named
in the preceding section, who regularly derived part of his support from the earn
ings of the deceased workman at the time of his death and for a reasonable
period of time immediately prior thereto, shall be considered his partial de
pendent and payment of compensation shall be made to such partial dependents
in the order named. In death cases, where the death results proximately from
the accident within three years, compensation payable to dependents shall be
computed on the following basis and shall be paid bo the persons entitled there
to without administration. If the deceased employee leave a dependent
widow or dependent husband and no dependent child, there shall be paid to the
widow’ 30 per cent of the average weekly earnings of deceased. If the de
ceased employee leave a dependent widow or dependent husband and one de
pendent child, there shall be paid to the widow for the beneiit of herself and
such child 40 per cent of the average weekly earnings of the deceased. If the
deceased employee leave a dependent widow or dependent husband and either
two or three dependent children, there shall be paid to the widow for the
benefit of herself and such children 50 per cent of the average weekly earnings
of the deceased. If the deceased employee leave a dependent widow or de
pendent husband and four or more dependent children, there shall be paid
to the widow for the benefit of herself and such children 00 per cent of the
average weekly earnings of the deceased. In all cases where compensation is
payable to a widow for the benefit of herself and dependent child or children
the court shall have power to determine in its discretion what portion of the
compensation shall be applied for the benefit of any such child or children and
may order the same paid to a guardian.
Seo. 7555. Remarriage.—In case of remarriage of a widow of an employee
who had dependent children, the unpaid balance of compensation, which would
otherwise become due to her, shall be paid to such children.
Sec. 7550. Dependents.—If the deceased employee leave a dependent orphan,
there shall be paid 30 per cent of the average weekly earnings of deceased, with
10 per cent additional for each additional orphan with a maximum of 00 per cent
of such wages. If the deceased employee leave a dependent husband and no de
pendent child, there shall be paid to the husband 25 per cent of the average
weekly earnings of the deceased. If the deceased employee leave no widow or
child or husband entitled to any payment hereunder, but should leave a parent
or pa rents, either or both of whom are wholly dependent on the deceased, there
shall be paid if only one parent, 25 per cent of the average weekly earnings of
the deceased and if both parents, 35 per cent of the average weekly earnings of
the deceased to such parent or parents. If the deceased leave no dependent
widow or dependent child or husband or parent entitled to any payment here
under, but leaves a grandparent, brother, sister, mother-in-law or father-in-law
wholly dependent on him for support, there shall be paid such dependent, if but
one, 20 per cent of the average weekly earnings of the deceased, or if more than
one, 25 per cent of the average weekly earnings of the deceased, divided between
or among them share and share alike. If compensation is being paid under
article 2 of this chapter to any dependent, such compensation shall cease uinm
the death or marriage of such dependent, and the dependency of a child shall
terminate with the age of 18 unless otherwise provided herein. Partial depend
ents shall be entitled to receive only that proportion of the benefits provided for
actual dependents which the average amount of the earnings regularly con
tributed by the deceased to such partial dependent, at and for a reasonable time
immediately prior to the injury, bore to the total income of the dependent
during the same time.
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w o r k m e n 's COMPENSATION LAWS— UNITED STATES
Sec. 7557. Burial, etc.—In all cases where death resulted to an employee
caused by an accident arising out of and in the course of his employment the
employer shall pay, in addition to the medical and hospital excuses provided
for in section 7507 the expense of last sickness, and burial, not exceeding in
amount $100, except in cases where an insurer of the deceased or a benefit
association is liable therefor, or for a part thereof, in such case the employer
shall not be required to pay any part of such expense, for which such insurer
or benefit association is liable unless such nonpayment by the employer would
diminish the benefits received by the dependent of the deceased from any such
insurer or benefit association. In case dispute arises as to the reasonable value
of the services rendered in connection with the last sickness and burial, the
game shall be approved by the court before payment, after such reasonable
notice to interested parties as the court may require. If the deceased leaves
no dependents no compensation shall be payable, except as provided by this
subsection.
Sec. 7558. Limitation on payments.—The compensation payable in case of
death wholly dependent shall be subject to maximum compensation of $12 per
week and a minimum of $5 per week; but if at the time of injury the employee
receives earnings of less than $5 per week, then the compensation shall be the
full amount of such earnings per week. The compensation payable to partial
dependents shall be subject to a maximum of $12 per week and a minimum of
$5 per week; if the income loss of the said partial dependents by such death is
less than $5 per week, then the dependents shall receive the full amount of their
income loss. This comr>ensation shall be paid during dependency not exceeding
800 weeks, payments to be made at the interval when the earnings were payable
as nearly as may be.
Sec. 7559. Orphans.—In computing and paying compensation to orphans or
other children, in all cases, only those under 18 years of age. or those over 18
years of age, who are physically or mentally incapacitated from earning, shall
be included; the former to receive compensation only during the time they are
under 18. the latter for the time they are so incapacitated, within the period
of 300 weeks.
Sec. 7500. Total dependent*.—Total dependents shall be entitled to take com
pensation in the order named in section 7553 above, until the per cent of the
average weekly earnings of the deceased during the time and as specified in
section 7558 shall have been exhausted; but the total compensation to be paid
to all total dependents of a deceased employee shall not exceed in the aggregate
$12 per week, except as otherwise provided herein.
Sicc. 7501. Preexisting conditions.—If the degree or duration of disability
resulting from an accident is increased or prolonged because of a preexisting
injury or infirmity the employer shall be liable only for the disability that would
have resulted from the accident had the earlier injury or infirmity not existed.
Sec. 7562. Additional allowance for children.—Wherever in the nine preced
ing sections there is a provision for 50 per cent such per cent shall be increased
5 per cent for each totally dependent child of the deceased employee under the
age of 18 years at the time of the death of the employee until such per cent
shall reach a maximum of 60 per cent. Wherever in the nine preceding sections
a weekly maximum compensation of $12 is provided such maximum compensa
tion shall be increased in the following cases to the following amounts: Thir
teen dollars in case the deceased employee leaves one totally dependent child
under the age of 18 years at the time of the injury to the deceased employee.
Fourteen dollars in case the deceased employee leaves two totally dependent
children under the age of 18 years at the time of the injury to the deceased
employee. Fifteen dollars in case the deceased employee leaves three or more
totally dependent children under 18 years of age at the time of the injury
to the deceased employee. The increase in the above per cent and in the
maximum amount shall be paid only so long as the child upon which the in
crease is based remains under the age of 38 years.
Sec. 7563. Limit on payments.—In no case hereunder except as otherwise
provided herein shall the compensation paid hereunder be more than $12 per
week, nor less than $5 per week, and in no case shall the total amount of com
pensation exceed $5,000.
Sec. 7564. Payments.—If compensation is being paid under this article to any
dependent, such compensation shall cease upon the death or marriage of such
dependent. Where compensation is being paid under this chapter to any de
TEXT OF LAWS— ALABAMA
81
pendent, in no event shall sueli dependents receive more than the proportion
which the amount received of the deceased employee's income during his life
bears to the compensation provided hereunder.
Sec. 7565. Joint employers.—In case any employee for whose injury or death
compensation is payable under article 2 of this chapter shall, at the time of
the injury, be employed and paid jointly by two or more employers subject to
this chapter, such employers sliftll contribute the payment of such compensation
in the proportion of their several earnings liability to such employee. If one
or more but not all of such employers should be subject to article 2 of this
chapter, and otherwise subject to liability for compensation hereunder, then
the liability of such of them as are so subject, shall be to pay the proportion
of the entire compensation which their proportionate earnings liability bears
to the entire earnings of the employee. Nothing in this section shall prevent
any arrangement between such employers for a different distribution, as
between themselves, of the ultimate burden of such compensation.
Skc. 7560. n ait ing time.—In ease of temporary total or temporary partial
disability no compensation shall be allowed for the first two weeks after dis
ability except as provided by section 7567, nor in any case unless the employer
has actual knowledge of the injury or is notified thereof within the period
specified iu section 7568. Compensation shall begin with the third week and
in ihe event the disability from the injury exists for a period as much as four
weeks’ compensation for the first two weeks after the injury shall be added
to and payable with the first installment due the employee after the expira
tion of the four weeks.
Skc. 7*507. Medical, etc., aid.—In addition to the compensation herein pro
vided the employer shall pay the actual cost of reasonably necessary medical
and surgical treatment and attention, medicine, medical, and surgical supplies,
crutches and apparatus, as may be obtained by the injured employee during
the first 60 days of disability, or in case of death within said 60 days, obtained
during the period occurring between the time of the injury and his death
therefrom. The total liability of the employer under this section shall not
exceed the aggregate of $.100, and further, that the pecuniary liability of the
employer for such services rendered the employee shall be limited to such
charges as prevail for similar treatment in the community where the injured
employee resides. All cases of dispute as to the value of such services shall
be determined by the tribunal having jurisdiction of the claim of the injured
employee for compensation. Except in an emergency it is necessary, or in
the event medical and surgical service and attention is not readily obtainable,
under contract for same; or the employer does not promptly furnish the same,
as hereinafter provided, if the employer shall furnish, free of charge to the
injured employee such medical and surgical treatment and attention, medical
and surgical supplies, crutches and apparatus, he shall not be liable under this
section, except for that he may fail to furnish, and in the event the injured
employee obtains the same under a contract between him and another, or
the employer, existing at the time of the injury, the employer shall be liable
to pay, or repay, as the case may be, only the cost of the same under the
terms of said contract, but in no event to exceed the aggregate of $100 as hereinabove provided. The employer may. if he so elects, furnish prot>er and
efficient, medical and surgical treatment and attention and services herein pro
vided for, free of charge to the injured employee during such 60 days or such
time thereafter as he desires to furnish the same, and such employee shall
acifept the same. The injured employee must submit himself to the examina
tion by the employer’s physician at all reasonable times if requested to do so
by the employer, but the employee shall have the right to have a physician
of his own selection present at such examination, in which case the employee
shall be liable to such physician, for his services. The employer shall pay
for the services of the physician making the examination at the instance of
the employer. And in case of dispute as to the injury, the court may, at the
instance of either party or of its own motion, appoint a neutral physician of
good standing and ability to make an examination of the injured person and
report his findings to the court, the expense of which examination shall be
borne equally by the parties. If the injured employee refuses to comply with
any reasonable request for examination, or refuses to submit to medical and
surgical treatment and attention or refuses to accept the medical service which
the employer elects to furnish under the provisions of this act, his right to
compensation shall be suspended, and no compensation shall be payable for
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w o r k m e n 's COMPENSATION LAWS— UNITED STATES
the period of such refusal. Any physician whose services are furnished or
paid for by the employer, or any physician of the injured employee, and who
treats or makes or is present, at any examination of an injured employee may
be required to testify as to any knowledge by him in the course of such treat
ment or examination as same relates to the injury or disability arising there
from. In all death claims where the cause of death is obscure or is disputed,
any interested party may require an autopsy, the cost of which is to be borne
by the party demanding the same.
Sec. 7568. Notice of accident.—Every injured employee or his representative
shiiil within live days after the occurrence of an accident give or cause to be
given to the employer written notice of the accident and the employee if he
fails to give such notice shall not be entitled to physicians or medical fees nor
any condensation which may have accrued under the terms of articles 1 and 2
of this chapter unless it can be shown that the party required to give such
notice had been prevented from doing so by reason of physical or mental in
capacity, other than minority, or fraud, or deceit, or equal good reason, but
no eomr>ensation shall be payable unless such written notice is given within
90 days after the occurrence of the accident, or where death results within
90 days after the accident.
Sec. 7569. Nervicc of notice.— rNotice may be served personally or by reg
istered mail, substantially in the form prescribed.]
Sbc. 7570. Limitations.— [Claims are forever barred unless an agreement is
made or a verified complaint filed within one year after the accident, or. in
ca<e of death, within one year after the death resulting proximately from the
accident within three years thereafter. If compensation payments have been
made the limitation runs from the last payment. In case of mental or physical
incapacity other than minority, the period of limitation dates from its cesi-atian. I
Sec. 7571. Disputes.— [Disputes are within the jurisdiction of the circuit
courts of the county that would have jurisdiction of a civil case iu tort between
the parties, to be heard and determined in n summary manner. Appeals may
be taken to the supreme court by certiorari within 30 days.]
Sec. 7572. Alien beneficiaries.— [Compensation for the death of an employee
shall be paid only to dependents who at the time of the death of the injured
employee were actually residents of the United States. No right of action to
recover damages for the death of an employee shall exist in favor or for the
benefit of any person who was not a resident of the United States at the time
of the death of such employee.]
S«o. 7573. Lump sums.— rThe amounts of compensation payable periodically
hereunder, either by agreement of the parties, approved by the court, or by
decision of the court, may be commuted to one or more lump sum payments,
except compensation due for death or permanent total disability, or for
permanent partial disability resulting from total loss of hearing or from the
loss of an arm or a hand or a foot or a leg or an eye or more than one such
member. These may be commuted oirty with the consent of the circuit court.
In making such commutations, the lump sum payments shall, in the aggregate,
amount to a sum equal to the present value of all future installments of com
pensation calculated on a 6 per cent basis.]
Sec. 7574. Rcrieic of awards.— [All amounts paid by the employer and re
ceived by the employee or his dependents under settlements made under section
7549, shall be final: but the amount of any award payable periodically for
more than six months may be modified as follows: (« ) At any lime by agree
ment of the parties and approved by the court, (ft) If the parties can not
agree, then at any time after six months froip the date of the award an ap
plication may be made to the court by either party on the ground of increase
or decrease of incapacity due solely to the injury. In such case the same
procedure shall be followed as in section 7549 in ease of disputed claim for
compensation.)
S ec. 7575. Payment to trustee.— [After award made or agreed upon, the
employer may deposit the present worth of the same, calculated on a 0 per cent
basis, in an approved bank, to be held in trust for the beneficiaries and paid as
the law provides, such action to relieve the employer of further liability. If
a beneficiary's right terminates before the sum is exhausted, the balance
reverts to the employer.]
S ecs. 7576-7583. Remedies, procedure, etc.— [These sections provide remedies
in ease of an employer’s default in payments, declare a preference for awards
TEXT OF LAWS----ALABAMA
83
the same as for wage debts, prescribe procedure in cases of dispute, authorize
an allowance of eo.>ts, and prescribe methods of payment of judgments and of
recording their discharge. No costs will be allowed if an employer has made
a written offer of compensation prior to the commencement of action, in terms
according with the provisions of the act.]
Sec. 7584. Insurance.— [The employer may insure his liability to pay com
pensation in any approved stock or mutual insurance company or reciprocal
exchange or association, to cover all employees or only certain classes or risks.
Provisions of policies are prescribed, one being the giving of an equitable lien
to the injured workman 011 amounts due under the policy, and making the com
pany directly liable in case of the employer’s insolvency. Companies are to
file rates, submit reports, and conform to the requirements of the State super
intendent of insurance. Employees may not contribute to costs of insurance
unless there is provision for other benefits than those fixed by this act. If the
employer posts notices of full insurance in an approved company, suits and
actions for injuries shall be brought directly against such company, and the
employer is released from liability; but if the insurance company becomes
insolvent or (ran not be reached by due diligence by process in the State, the
employer is not. released, and is in any case liable for any recovery in excess of
the amount of insurance carried.]
Sko. 7585. Evading provisions of act.— (1) Any person who creates or carries
into operation any fraudulent scheme, artifice, or device to enable him to
execute work without himself being responsible to the workman for the pro
visions of this act, shall himself be included in the term “ employer,” and be
subject lo all the liabilities of employers under this chapter. But rliis section
shall not be construed to cover or mean an owner who lets a contract to a
contractor in good faith, nor to a contractor who, in good faith, lets to a sub
contractor a portion of his contract; but no person shall be deemed a contractor
or subcontractor so as to make him liable to pay compensation within the mean
ing of this section, who performs his work upon the employer's premises, and
with the employers’ tools or appliances and under the employer's direction; nor
one who does what is commonly known as “ piecework,” or in any way where
the system of employment used merely provides a method of fixing the work
man's wages. (2) When compensation is claimed from, or proceedings taken
against, a person under subdivision 1 of this sod ion, the compensation shall be
calculated with reference to the wage the workman was receiving from the
person by whom he was immediately employed at the time of the injury.
(3) The employer Khali not be liable or required to pay compensation lor
injuries due to the acts or omissions of third persons not at the time in the
service of the employer, nor engaged in the work in which the injury occurs,
except as provided in the succeeding section.
S ecs. 7580,7587. Third-party injuries.— [If a party other than the employer
is liable for injuries or death of an employee, and such party is himself under
this act. the injured man, or his dependents, in case of death, may sue such
third party, or make claim against the employer. Liability to damages shall
be in a sum within the terms of this act. and if a claim is made against the
employer, he is subrogated to the rights of the workman or his dependents. If
such third party is not under the compensation act, he may be sued notwith
standing recovery of the award against the employer, but the employer is
entitled to deduct from the compensation payable by him any sum obtained as
a judgment 011 the suit. An employer from whom compensation has been
claimed may proceed either in his own name or in the name of the employee
to recover damages against such third party, any excess over the compensation
award, costs, etc.. to go to the injured employee or his dependents.]
Sec. 7588. Rules.— [The chief justice of the supreme court is to make rules
for the guidance of circuit courts and judges.]
Sec. 7589. Commissioner.— [See eh. 464, Acts of 1923, below.]
Sec. 7590. Forms, etc.— [The compensation commissioner is to prepare and
supply needed blank forms and literature for employers and employees.]
Sec. 7591. Records of accidents.—Every employer shall hereafter keep a
record of all injuries, fatal or otherwise, for which compensation is claimed or
paid, received by his employees in the course of their employment, on blanks
approved by the compensation commissioner of the State. Within 15 days
after the occurrence and knowledge thereof by the employer of an injury to
an employe, causing his absence from work for more than 14 days, for which
compensation is claimed or paid a report shall be made in writing and mailed
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WORKMEN#S COMPKNSATfON LAWS— UNITED STATES
to the compensation commissioner of the Stato on blanks to be procured from
such commissioner for this purpose.
Sec. 7592. Settlements to be reported.—Such employer shall within 10 days
after the settlement of any cause make a report in writing giving the details
of such settlement and mail the same to the compensation commissioner on
blanks to be procured from the commissioner for such purpose.
Sec. 7593. Courts to make reports.—The clerk of the circuit court shall,
within 10 days after the disposition of any case in his court, make a report
in writing, giving the details of such disposition, and mail the same to the
compensation commissioner of Alabama on blanks to be procured from the
commissioner for such purpose.
Sbc. 7594. Supplementary reports.—Upon the termination of the disability
of the injured employee, or if the disability extends beyoud a period of 60 days,
then also at the expiration of such period, the employer shall make a supple*
mentary report to the compensation commissioner of the State on blanks to
be procured from the commissioner for such purpose.
Sec. 7595. Report to legislature.— [The compensation commissioner is directed
to report 44to the next regular session of the legislature ” the operations of the
act, from the records of the .superintendent ot* insurance and other reports,
Fucli information as he may obtain.]
S ec. 7590. Words and phrases defined.—Throughout articles 1 and 2 of this
chapter the following words and phrases as used therein shall be considered
to have the following meaning, respectively, unless the context shall clearly
indicate a different meaning in the connection used, (a) The word 44com
pensation ” has been used both iu article 1 and article 2 of this chapter ro
indicate the money benefits to be paid on account of injury or death. Strictly
speaking, the benefit which an employee may receive by action at law under
article 1 of this chapter is damages, and this is indicated in section 7534. To
avoid confusion, the word 44compensation ” has been used in articles 1 and 2
of rhe chapter, but it should be understood that under article 1 the compensa
tion by way of damages is determined by an action at law. ( b) 44Child” or
44children” includes posthumous children and all other children entitled by
law to inherit as children of the deceased, also stepchildren who were mem
bers of the family of the deceased at the* time of his accident and dependent
upon him for support, (f?) A dependent child or orphan shall be considered
to mean an unmarried child uuder the age of 18 years, or one over that age
who is physically or mentally incapacitated from earning, (d) The term
44employer ” as used herein shall mean every person not excluded by section
7543, who employs another to perform a service for hire and to whom the
44employer ” directly pays wages, and shall include any person or corporation,
copartnership, or association, or group thereof, and shall, if the employer is
insured, include his insurer as far as applicable and snail not include one who
employs a less number than 16 in any one business. (<?) The term 44physi
cian ” shall include 44surgeon,” and in either case shall mean one authorized
by law to practice his profession within one of the United States and in guo*l
standing in his profession at the time, if) The term 44workman” shall in
clude the plural and all ages and both sexes, (j/) The term 44employee**
and 44workman ” are used interchangeably and have the same meaning
throughout, this chapter, and shall be construed to mean the same. (7<) The
terms 44wages,” “ weekly wages,” and such expressions shall in all cases,
unless the context clearly indicates a different meaning, be construed to mean
"average weekly earning.” Every person not excluded by section 75*3, 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 per
mitted to work under the laws of the State. Any reference herein to a work
man or employee shall where the employee is dead include a reference to his
dependents as herein defined if the context so require, (i) The word *•acci
dent ” as used in the phrases 44personal injuries due to accident ” or 44injuries
or death caused by accident ” in articles 1 and 2 of this chapter shall, unless
a different meaning is clearly indicated by the context, be construed to mean
an unexpected or unforeseen event, happening suddenly and violently, with
or without human fault, and producing at the time injury to the physical
structure of the body, by accidental means, (j) Personal injuries, etc.—
Without otherwise affecting either the meaning or interpretation of the
abridged clause, injuries by an accident arising out of and in the course of
his employment, it is hereby declared: Not to cover workmen except whil*
TEXT OP LAWS— ALABAMA
85
engaged in. on, or about the premises where their services are being per
formed, or where their service requires their presence as a part of such
service at the time of the accident, and during the hours of service as such
workmen, and shall not include an injury caused by the act of a third person
or fellow employee intended to injure the employee because of reasons per
sonal to him, and not directed against him as an employee, or because of his
employment, and it shall not include a disease unless the disease results proximately from the accident, (fc) Wherever in articles 1 and 2 of this chapter
the singular is used, the plural shall be included; where the masculine gender
is used, the feminine and neuter shall be included. (I) Amputation.—Amputa
tions between the elbow and wrist shall be considered as the equivalent to
the loss of a hand, and the amputation between the knee and the ankle shall
be considered as the equivalent of the loss of a foot, (m) “ The court*’ as
used herein shall mean the circuit court which would have jurisdiction in
an ordinary civil case involving a claim for the injuries or death in question,
and “ the judge ” shall mean a judge of said court. Article 1 of this chapter
shall not apply in cases where article 2 becomes operative in accordance with
the provisions thereof, but shall apply in all other cases, and in such cases shall
be in extension or modification of the common law.
Sec. 7597. Title.— [The act may be cited as the “ workmen's compensation
act.” ]
ACTS OP 1923
C hapter 404.—Bureau of insurance
[An independent bureau of insurance is created, in lieu of the department of
insurance, with a superintendent at its head and a designated staff. The su
perintendent is ex officio compensation commissioner, instead of the director
of archives and history, as originally provided.]
ALASKA
ACTS OF 1923
C h apter
98.—Compensation of employees for injuries
S e c t io n 1. Scope; benefits.—Any person, or persons, partnership, joint-stock
company, association or corporation employing five or more employees in con
nection with any business, occupation, work, employment, or industry carried
on in this Territory, except domestic service, agriculture, dairying, or the op
eration of railroads as common carriers who shall not have given notice of his,
her. their or its election to reject the provisions of this act in the manner here
inafter provided, or, who having given such notice shall, prior to the time that
an employee is injured, as hereinafter referred to, have waived the same in the
manner hereinafter provided, shall be liable to pay compensation, in accordance
with the schedule herein adopted, to each of his, her, their or its employees
who receives a i>ersonal injury by accident arising out of and in the course of
his or her employment, or to the beneliciaries named herein, as the same are
hereinafter designated and defined, in all cases where the employee shall be so
injured and such injuries shall result in his or her death: Provided, The em
ployee so injured had not, prior to the time of being so injured, given notice of
his or her election to reject the provisions of this act in the manner hereinafter
provided, or, having given such notice, had, prior to such time, waived the
same in the manner hereinafter provided.
The condensation to which such employee so injured, or, in case of his or her
death if death results from such injury, such beneliciaries, shall be entitled
and for which such employer shall be legally liable, shall be as follows:
(1) In the event of the death of any such employee resulting from such in
jury. where such employee at the time of his death was married, his widow
shall be entitled to receive the sum of $3,900.
(2) In those cases where such married employee had children under the
age of 16 years at the time of his death, his widow shall be entitled to receive
in addition to the sum above specified, the sum of $780 for each child uuder
the age of 16 years, or child wholly dependent upon his or her parents for sup
port by reason of mental or physical incompetency, or unborn or posthumous
child, which such employee left at the lime of his decease, but not to exceed
in all the sum of $7,800.
(3) In those cases where such employee left either father or mother or both,
dependent upon him for support at the time of his death, the sum of $780 shall
be paid to such father or mother or both, in addition to the sum provided for
and made payable to the widow. In no case however, is the total sum to be
paid hereunder to exceed the sum of $7,800 and the payments to which the
widow and children may be entitled shall be first paid out of said sum of
$7.«00.
(4) In those cases where such deceased employee was unmarried at the
time of his or her death survived by either his or her father or mother, who
was at the time of his or her death dependent upon him or her for support,
such father or mother shall be paid the sum of $1,560.
(5) Where such deceased employee was survived by his or her father and
mother both dependeut upon him or her for support at the time of his or her
death, such father and mother dependent upon him or her for support, shall
be paid the sum of $1,560 each.
(6) In those eases where such deceased employee was a widower at the
time of his death, but left one or more minor orphan children, there shall be
paid the sum of $3,900, and the further sum of $780 for each orphan child under
the age of 16 years, provided the total amount paid shall not exceed $7,800, and
the judge of the probate court of the precinct wherein such accident or in
jury occurred shall appoint a guardian, for all of said children, who shall be
entitled to, and who shall be paid, the amount specified in this paragraph,
for the benefit of said orphan children, and shall divide $3,900 thereof equally
among such children and divide the surplus, if any, among the children under
16 years of age.
86
TEXT OF LAWS— ALASKA
87
(6% ) Provided, however, That if such beneficiary or beneficiaries as de
scribed in [sub] sect ion 1 to 6, inclusive, immediately preceding this [sub]section
be neither resident nor a citizen of the United Slates of America, then the
amount due and payable to such beneficiary or beneficiaries shall be in an
amount equal to 75 per cent of the sum.? set forth in [sub]sections 1 to 6, imme
diately preceding, and such amount shall be in full settlement of all claims
under this act.
(7)
In those cases where such deceased employee is. at the time of his or
her death unmarried, and leaves no children nor father nor mother depend
ent upon him or her as above specified, the employer shall be required to pay
the funeral expenses of the deceased not to exceed the sum of $105. and such
other expenses, if any. arising after the injury and before the death, not to
exceed the further sum of $105.
Where any such employee receiving an injury arising out of. and in the
course of his or her employment, as the result of which he or she is totally
and permanently disabled, he or she shall be entitled to receive compensa
tion as follows:
(«) If such employee was at the time of his injury married he '••hall be
entitled to receive $0,240 with $780 additional for each child under the age of
10 years, but the total to be paid shall not exceed $7,800.
(ft) If such employee at the time of his injury had no wife or children,
but had a mother or father dependent upon him, $5,460.
(c) In case where such employee who at the time of his injury had both
father and mother dependent upon him, $6,240.
(d) In those cases; where such employee was at the time of his injury, a
widower, or was divorced, but had minor children, he shall receive the sum
of $4,080 with an additional sum of $780 for each child below the age of
16 years, provided that the total sum to be paid such employee shall not in
any case exceed the sum of $7,800.
(<*) In those eases where such employee so injured at the time of his
injury was unmarried and had no children nor father nor mother dependent
upun him, he shall receive the sum of $4,080.
Where any such employee received an injury arising out of, or in the course
of, his or her employment, resulting in his or her partial disability, he or
she shall be paid in accordance with the following schedule:
For the loss of a thumb:
(a) In case the employee was at the time of the injury unmarried. $024.
(ft) In case the employee was married but had no children, $780.
(c) In case the employee was either married or a widower, but had one
or more children, $030.
For the loss of an index finger:
(a) In case the employee was at the time of the injury unmarried, $300.
(ft) In case that the employee was married but had no children, $507.
(e) In case the employee was either married or a widower, but had one
or more children, $624.
For the loss of other finger than the index finger and thumb, $234.
For the loss of a great toe, $300.
For the loss of any other toes than the great toe, $150.
For the loss of a hand:
(a) Tn case the employee was at the time of the injury unmarried, $1,872.
(ft) In case the employee was married but had no children, $2,406.
(c)
In case the employee was either married or a widower and had one
child, $2,406 and $3.12 additional for each of said children, not to exceed, how
ever, the total sum of $3,120.
For the loss of an arm:
(a)
In case that the employee was at the time of the injury unmarried,
$2,340.
(ft) In case the employee was married but had no children, $3,120.
(<>) In case the employee was either married or a widower and had one
child, $3,120 and $300 additional for each additional child, the total amount
not to exceed, however, $3,000
For the loss of a foot:
(a)
In case that the employee was at the time of the injury unmarried,
$1,872.
(ft) In case that the employee was married but had no children, $2,340.
88
w o r k m e n ’s
COMPENSATION LAWS— UNITED STATES
(c)
In ease the employee was either married or n widower and had on#
child, $2,49(5 and $312 additional for each additional child, but not to exceed
the total sum of $3,120.
For the loss of a leg:
(а) In case the employee was, at the time of the injury, unmarried, $2,340.
(б) In case the employee was unrried but had no children, $3,120.
(c)
In case the employee was eiUier married or a widower and had but one
chIM, $3,120 with $390 for each additional child, not to exceed the total sum
of $3,900.
For the loss of au eye:
(а) In case the employee was, at the time of the injury, unmarried, $1,872.
(б) In case the employee was married but had no children, $2,496.
(c)
In case the employee was either married or a widower and had one
child, $2,490 plus $332 for each additional child, not to exceed, however, tho
total sum of $3,120.
For the loss of an ear, $332.
For the lows of the nose, $624.
For all oilier injuries causing temporary disability, the employer shall pay
to the employee, during the period of such disability, 50 per cent of his daily
average wages. And in all cases where the injury develops or proves u> be
such as to entitle the employee to compensation under some provision iu this
schedule, relating to cases other than temporary disability, and the employee
has been paid compensation for temporary disability, the amount so paid him
shall be deducted from the amount to which he shall be entitled under such
provision in this schedule.
The loss of both hands, or both arms, or both feet, or both legs, or both
eye.-?, or any two thereof, shall constitute total and permanent disability and
be compensated according to the provisions of this act with reference to total
and permanent disability.
Amputatiou between the elbow and the wrist shall be considered equivalent
to the loss of a hnnd, and amputation between the knee and the ankle shall be
considered equivalent to the loss of a foot.
Whenever such employee receives an injury, arising out of and in the course
of employiutut, as a result of which he or .she is partially disabled, and the
disability so received is such as to be permanent in character and such as
not to come whoily within any of the specific eases for which provision is here
in made, such employee shall be entitled to receive as compensation a sum
'which bears the same relation to the amount he or she would be entitled to
receive hereunder if he or she were totally and permanently disabled that
the loss of earning capacity of such employee, by reason of the accident, boars
to the earning capacity such employee would have had had he or she not been
injured, the amount to be paid in no case to exceed $6,240.
To illustrate: If said employee were of a class that would entitle him or
her to $6,240 under this schedule, if he or she were totally and permanently
disabled, and his or her injury would be such as to reduce his or her earning
capacity 25 per cent, he or .she would be entitled to receive $1,560, it being the
amount that bears the same relation to $6,240 that 25 per cent does to .100 per
cent. Should such employee receive an injury that would impair his or her
earning capacity 75 per cent, he or she would be entitled to receive $4,<5NO,
it being the amount that bears the same relation to $6,240 that 75 per cent
does to 100 per cent.
Sec. 1l/i (added 1925, ch. 63). Mmiieal, etc.. aitt.—And in addition to the
compensation for injured employees in this act otherwise provided, the employer
sh.ilI furnish to and for each injured employee such reasonably necessary
medical, surgical, and hospital treatment, including necessary transportation to
and from hospitals, as may be required by reason of the injury, for a period
not exceeding oae year from and after rlie date of injury to any such employee:
and the employer in order to create a fund out of which the expenses of such
treatment may be paid, may charge against and deduct from the wages of each
employee, as and when the same are paid, the sum of not to exceed $2.50 per
month: the money so deducted and withheld by the employer shall be kept
by him in a separate fund and used only to cover the services and treatment
in this section provided, and if the fund so created be insufficient, such de
ficiency as may reasonably arise, shall be paid by the employer without any
charge therefor against the injured employee or any other of the employees:
and the employer shall have the exclusive right, and it shall be his duty to
select and furnish the necessary physicians, surgeons, and hospitals, and to
TEXT OF LAWS— ALASKA
89
that end ho may enter into all necessary contracts with such physicians, sur
geons, and hospitals for the furnishing of such services and treatments.
Nothing contained in this section shall be construed to limit the right of the
employee to provide in any case, at his own expense, a consulting physician
or any attending physicians whom he may desire. The fund hereby created
by deductions herein allowed to be made by the employer from the wages of
employees shall be, and the same is hereby, made a trust fund which can be
used only for the purposes herein set. out. Whenever any employer shall cease
his business or operations and go out of ihe business in which such employer
has been theretofore engaged, any part of the fund created by this section
and remaining in the possession of such employer shall, by the employer, be
paid to the Territorial treasurer and by him covered into general Territorial
funds.
Sec. 2. Right to higher award.—If an injured employee entitled to compensa
tion hereunder shall be paid compensation under any subdivision or part of
this schedule and it shall afterwards develop that he or she is or was entitled
to a higher rate of compensation under some oilier part or subd Ivirion of this
schedule, then and in that event he or she shall receive sucli higher rate, after
first deducting the amount that has already been paid him or her: Provided,
however, That no compensation under such increased rate shall be paid unless
the disability entitling the employee thereto slufil develop within two years
after the injury.
Sec. 3. Settlement by agreement.—At any time subsequent to the injury the
employer and the employee shall have the right to compromise and settle any
claim for injury hereunder in accordance with schedule herein, and the em
ployee shall have the right to give full satisfaction and acquittance therefor
and thereby discharge the employer from further liability, and such satisfac
tion and acquittance shall be binding upon the said employer, employee bene
ficiaries under this act, and all other persons whatsoever.
Ssca 4. Willful intention.—No compensation shall be allowed or paid for the
injury or death of an employee in any case where such injury or death was
occasioned by his or her willful intention to bring about the injury or dentil
of himself or herself or of another, or where the employee's intoxication was
the proximate cause of the injury.
Sec. 5. Waiting time.—No compensation shall be paid under this act for an
injury which does not incapacitate the employee for a period of at least one
week from earning full wages, but if incapacity extends beyond the period of
one week, compensation shall begin on the eighth day after the injury: Pro
vided, however. That if such disability continues for eight weeks or longer,
such compensation shall be computed from the date of the injury.
Seo. 6. -Contractors.—No contractor or subcontractor shall be entitled to re
ceive compensation under this act, but shall be deemed to be an employer.
S.w. 7. Remedy exclusive.—The right to compensation for an injury aud the
remedy therefor granted by this act shall be in lieu of all rights and remedies
as to such injury now existing either at common law or otherwise, and no
rights or remedies, except those provided for by this act, shall accrue to em
ployees entitled to compensation under this act, while it is in effect, nor shall
any right or remedy, except those provided for by this act, accrue to the per
sonal or legal representative, dependents, beneficiaries under this act. or next
of kin of such employee.
Sec. 8. Step-parents, etc.—Step-parents shall be regarded in this act as
parents: and an adopted child, or adopted children, or a stepchild, or children,
shall be regarded in this act as issue of the body.
S*.c. (J. Statement of beneficiaries.— [Employees under the act must furnish
employers with a list of their potential beneficiaries under this act:, and keep
the addresses correctly on file. Employers must notify each beneficiary so
listed in event of the death of the employee in accordance with a prescribed
form, including notice of the time within which claims must be submitted.
Failure to furnish the list does not forfeit the rights of claimants, but re
lieves the employer of all obligation to give notice of death. If the employer
fails to notify beneficiaries whose names he has been furnished of the death
of the employee, they may prosecute their claims without regard to the 120day limitation fixed by the act. The statements made by employees as to de
pendents may be offered in evidence as to questions of relationship, and when
so offered shall be received.
Claims for death benefits must be submitted within 120 days from the death
of the employee; but failure to serve such notice will not be a bar to recovery
90
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
of benefits unless it is shown that the employer at no time prior to the ex
piration of 120 days had knowledge of the injury, or that, after the expiration
of 120 days, he had paid in good faith the compensation herein provided to
another claimant believed in good faith to bo entitled thereto.]
Sec. 10. Deposits for claims.— [An employer served with notice by one or
more claimants may deposit with the rlerk of the district court for the division
within which the employee was injured cash or a properly secured bond in the
amount of $7,800, such deposit to be made within the 10 days succeeding the
120 days during which notice may be served; but no action may be tried until
the expiration of the 120 days and the 10-day period.]
Secs. 11-15. Procedure.— [All claimants are to be notified of such deposit
by the employer, and any prior action by claimants then abates, and proceed
ings follow the course prescribed; but if such claimants are found ent itled to
compensation, costs are awarded*
Notice of deposit of the money or bond must be advertised in a local news
paper for four weeks, and a time stated within which claims are to be pre
sented. Claimants file their claims with the clerk of the district court, and a
copy is served on the employer. Hearings are to be had within 80 days from
the date set for the filing of claims, with a jury if demanded. If not, trial is
before the judge; the order of prpof to rest in his discretion, but to be such
as will give ail parties a full, fair, and complete hearing. Findings of fact
are to be filed, whether trial is with or without a jury, and judgment is to be
entered in accordance therewith.]
Swrs. 16-18. Awards.— [If no claim is filed or claimants fail to prove a
right to an award, the employer’s deposit is to be returned, less costs. Tf
claims are sustained the sums due are awarded without costs and without
interest. If any part is undistributed, it is to be returned to the employer, less
costs.]
Sec. 19. Appeal*.— [Appeals lie to the Vnited States Circuit Court of Ap
peals for the Ninth Circuit; but if an employer appeals and judgment against
him is affirmed, interest at 8 per cent and the costs on appeal are allowed
the claimant.]
S e c s . 20-28. Actions.— [Actions by two or more claimants are to be consoli
dated, and are to be in the courts of the Territory unless it is shown that
service on the defendant can not be had in the Territory. On the submission of
affidavits showing the facts necessary to sustain a claim, a writ of attachment
issues without the filing of bond or other security: but the defendant may file
a bond in double the amount sued for. in which case no writ will issue; or if
one has been issued, it will be dissolved and the attached property returned.}
Sice. 24. Mcdical examinations.— [Injured employees must at reasonable
times submit to medical examinations on the request and at the expense of
the employer. Refusing or obstructing examination suspends rights to eompensation; and such rights may be forfeited for the period of suspension, in
the discretion of the jury or court trying the action.]
Sko. 25. Waiver*.—No agreement by an employee to waive his or her rights
to compensation under this act shall be valid, except as herein elsewhere pro
vided, and no employer or employee shall exempt himself, herself, or itself,
except in the manner herein elsewhere provided, from the burden or waive the
benefits of this act by any contract, agreement, rule, regulation, or device, and
any such contract, agreement, rule, regulation, or device shall be absolutely
void.
Sec. 26. Limitation.—Any and ail claims for compensation under this act
shall be barred unless an action for the recovery of the same shall be com
menced within two years after the cause of action shall have accrued, or in the
event of mental incapacity, within two years after the removal of such mental
incapacity.
Skc. 27. Liability of third parties.—Where the injury for which compensation
is payable under this act was caused under circumstances creating a legal
liability in some one other than the employer to pay damages in respect thereof,
the employee may take proceedings both against the one so liable to recover
damages and against anyone liable to pay compensation under this act, but
shall not be entitled to receive both damages and compensation. And if the
employee has been paid compensation under this act, the employer by whom
the compensation was paid shall be entitled to indemnity from the person, firm,
or corporation so liable to pay damages as aforesaid and to the extent of such
indemnity shall be subrogated to the rights of the employee to recover damages
therefor.
TEXT OP LAWS— ALASKA
91
Sec. 28. Election presumed, when.—When five or more employees, as defined
by this act, are employed in the same general employment in conncction with
any business or industry carried on in this Territory, and in the usual and
ordinary conduct of such operations, it shall be presumed that the employer,
as defined by this act, has elected to pay compensation according to the terms,
conditions, and provisions of this act to such employees as may sustain per
sonal injury arising out of and in the course of the employment, and in such
case the employer shall be relieved from liability for a recovery of damnges
or other compensation for such personal injuries unless by the terms of this act
otherwise provided.
Sec. 29-31. Rejection by employer.— [Employees are presumed to have ac
cepted the act unless and until notice in writing is recorded with a United
States commissioner in a proscribed form. Such rejection effects an abroga
tion of the common-law defenses, and in actions for personal injuries the negli
gence of the employer is presumed to have been the proximate cause.]
Sec. 82. Terms of contract.—Where the employer and employee have not given
notice of an election to reject the terms of this act, this act shall constitute a
part of every contract of hire, express or implied, and the same shall be con
strued as an agreement on the part of the employer to pay, and on the part
of the employee to accept compensation in the manner as by this act provided
for all personal Injuries sustained, arising out of and. in (he course of the
employment.
Sec. 33. Rejection by employees.— [Acceptance by employees is presumed until
written notice in prescribed form is served on the employer and recorded in the
office of the commissioner for the precinct in which the employer’s operations
lie. (The text says “ mining operations,” but as the law is of general inclusiveness (see sec. 1), it seems that this is an overlooked retention of the provisions
of the earlier law.)
Rejection by the employee leaves the employer free to plead the common-law
defenses in case of a suit for damages; but if the injury is due to the em
ployer’s failure to comply with any safety law or regulation, the doctrine of
assumption of risk shall not apply.]
Secs. 34, 35. Term of election; waiver.— [Rejections are for a term of one
year, and must be renewed within 30 days of the expiration of that period.
Rejections may be waived at any time in the same manner as made.]
Sec. 36. If both reject.—Where the employer and employee elect to reject the
terms, conditions, and provisions of this act, the liability of the employer shall
be the same as though the employee had not rejected the terms and conditions
thereof and the employer had rejected the same.
Sec. 37. Assignments, etc.—No claim for compensation due under this act
shall be assignable, and all compensation due hereunder shall be exempt from
execution.
Skc. 38. Employer; employee.—Whenever the term “ employer ” is used in this
ac(: reference is had to any person or persons, partnership, joint-stock company,
association, or corporation employing five or more employees in connection with
any business or industry coming within the scope of this act and carried on in
this Territory, and whenever the term 44employee ” is used in this act reference
is had to an employee employed by an employer as above defined.
Sec. 30. Beneficiary.—The term “ beneficiary ” as used in this act refers to
any person entitled to compensation under the provisions hereof.
Sec. 40. Gender.—The masculine gender whenever used herein shall be held
to include the feminine and neuter.
Sec. 41 (as amended 1925, ch. 59). Costs.—If the court, before whom any
proceedings are brought under this act, determines that such proceedings have
been brought, prosecuted, or defended without reasonable ground, it may assess
the whole cost of the proceedings upon the party who has so brought, prose
cuted, or defended them, including a reasonable attorney’s fee to be fixed by
the court.
Sec. 42. Title.—This act may be cited as “ The workmen’s compensation act
of .Alaska.”
Sec. 43. Repeal.—All acts and parts of acts in conflict herewith are hereby
repealed to the extent of such conflict; but this repeal shall not affect any right
or claim which arose under any other act prior to the time when this act shall
go into eifect.
Approved May 4, 1923.
1965°—26------7
ARIZONA
CONSTITUTION
[The following section of the constitution of the State was amended by the
legislature of 1925, and adopted at a special election, September 29. 1925, so
as to read as follows. Its adoption effected the final step in the enactment
into lav/ of House Bill No. 227 (ch. S3, Acts of 1925), named in the amendment,
as the compensation law of the State.]
A r t i c l e XVJL11
SficrioK 8. Workmen's compensation law to be enacted.—The legislature shall
enact a workmen’s compensation law applicable to workmen engaged in manual
or mechanical labor in all public employment whether of the State, or auy
political subdivision or municipality thereof as may be defined by law and in
such private employments as the legislature may prescribe by which com
pensation shall be required to be paid to any such workman, in case of his
injury and to his dependents, as defined by law. in case of his death, by his
employer, if in the course of such employment personal injury to or death
of any such workman from any accident arising out of and in the course of,
such employment, is caused, in whole, or in part, or is contributed to, by a
necessary risk or danger of such employment, or a necessary risk or danger
inherent in the nature thereof, or by failure of such employer, of any of his
or its agents or employee or employees, to exercise due care, or to comply
wirli any law affecting such employment: Provided, That it shall be optional
with any employee engaged in any such private employment to settle for
such compensation, or to retain the right to sue stiid employer as provided by
thte constitution: And provided further, In order to assure and make certain
a just and humane compensation law iu the State of Arizona, for the relief
and protection of such workmen, their widows, children or dependents, as
defined by law, from the burdensome, expensive and litigious remedies for
injuries to or death of such workmen, now existing iu the State of Arizona,
and producing uncertain and unequal compensation therefor, such employee,
engaged in such private employment, may exercise the option to settle for
compensation by failing to reject the provisions of such workmen’s compensa
tion law prior to the injury.
The percentages and amounts provided in house bill No. 227 enacted by the
Seventh Legislature of the State of Arizona, shall never be reduced nor any
industry included within the provision of said house bill No. 227 eliminated
except by initiated or referred measure as provided by this constitution.
ACTS OF 1925
CnAPTEP. 83.—Industrial commission—Compensation of workmen for injuries
S e c tio n s 1-9. Industrial commission.— [A commission of three members is
appointed by the governor, by and with the consent of the senate, one term to
expire each two years. Not more than two members may belong to the same
political party; members may be removed for cause. Salaries are $5,000 per
annum, and bonds in the sum of $10,000 ore required, the premiums to be paid
fiv >m the State treasury. A majority constitutes a quorum, offices are to be
maintained at the State capitol, the commission has a seal, keeps records, and
its office is open for the transaction of business during the business hours of
every business day. Sessions are open to the public. Subject to the provisions
of this act, the commission may adopt and modify its own rules of procedure.]
Sec. 10. Employees. etc.— [The commission is authorized to employ actuaries,
accountants, inspectors, experts, physicians, clerks, etc.. and fix their compen
sation ; all subject to approval by the governor. Necessary traveling expenses
are to be paid out of the compensation fund.]
92
TEXT OF LAWS— ARIZONA
93
Secs. 11-20. General powers.— [Commissioners may enter any place of om*
ployment for the purpose of collecting facts and statistics, are charged with :lii?
enforcement of all laws relating to the safety and welfare of employees, and
may issue general orders to take effect within 30 days after publication.
Special orders to take effect as therein directed. Proceedings to amend, set
aside or vacate orders are regulated, the power of the commission to summon
witnesses, administer oaths, designate agents, etc., are prescribed, and penalties
fixed for noncompliance by employers and employees, and for failure of em
ployees to furnish the information required by the commission.]
S e c s . 30-43. State compensation fund.— [A State compensation fund is
created, consisting of premiums paid by employers accepting this form of
insurance, and of penalties, interest, etc.
The fund is to be administered by the commission without iiability on the
part of the State beyond the amount of such fund. The commission has full
authority to administer the fund, classify employments, and keep separate
accounts for convenience in determining equitable rates, which shall be the
lowest possible consistent with the maintenance of a solvent fund and the
creation of a surplus and reserve. For the purpose of paying compensation,
the fund is a unit. Individual risks may be taken into consideration in
adopting a system of schedule rating. Computations are to be made an
nually, and if there is an excess of assets over liabilities, including a neces
sary reserve in the sum of $100,000 for catastrophe hazards, either a credit
or cash dividend to individual members of a class showing excess contributions
over liabilities may be allowed. A reserve for reimbursing the general
fund of the State for the initial appropriation of $100,000 must be first
provided.
The commission may sue and be sued in its own name, make contracts of
insurance and such other contracts relating to the fund as are authorized or
permitted by the act, and reinsure any risk or part thereof as other rein
surance carriers. Contracts of insurance may fully protect employers not
only for compensation claims but for all liability claims whatsoever by em
ployees or their dependents, including the cost of defense in the event of
suit Employers insuriug hi the State fund receive a contract hi an ap
proved form, make semiannual payments of premiums, and may withdraw
from the fund, if not in arrears, and due notice of such withdrawal has
b^ou given. Ten per cent of the premiums must be set aside for the creation
of a surplus until the sum of $100,000 is accumulated, and thereafter 5 per
cent until a sufficient, surplus is accumulated to cover the catastrophe hazard
and all of her unanticipated losses. A reserve adequate to carry till claims
and policies to maturity must be provided. Readjustments of rates are
to he made at the end of each year, and nt. such other times as the com
mission may approve, and credits and dividends allowed if the commission
believes that it may safely and properly be done. Premiums may be re
duced for any class showing a .balance remaining after credits and expenses
of administering, etc., properly chargeable against the class have boon
met. The commission is to adopt rules and regulations as to cost, main
tenance and disbursements of the fund, requiring that adjustments shall be
made of the amount of premiums actually due at the end of any six months'
period for which estimated contributions have been paid, excess or payments
of insufficient amounts to be adjusted according to the actual pay roll for
the period.
The State treasurer is custodian of the fund, under a separate surety bond.
Sums not needed for immediate use may be deposited, with the consent of the
commission, interest to be credited to the fund. The surplus may be invested
In United States, State or municipal bonds or bonds of Federal land banks.]
Sec. 44. Who are employers.—The following shall constitute employers sub
ject to the provisions of this act:
(1) The Slate, and each county, city, town, municipal corporation, and school
district therein.
(2) Every person, firm and.private corporation, including every public utility,
that has in service three or more workmen or operatives regularly employed
in the same business, or in or about the same establishment, under any con
tract of hire, express or implied, oral or written, except agricultural workers
not employed in the use of machinery, and domestic servants: Provided, That
employers who have in service agricultural workers as designated and domestic
servants shall have the right to come under the terms of this act by complying
with the provisions thereof and all rules and regulations of the commission.
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WORKMEN’s OOMPJSNSATION LAWS— UNITED STATES
The term “ regularly ” as herein used, shall include all employments, whether
continuous throughout the year or for only a portion of the year. It means all
employments in the usual course of the trade, business, profession, or ov^pMtion
of an employer.
Where any employer procures any work to be done wholly or in part for him
by a contractor over whose work he retains supervision or control, and the
work so procured to be done is a part or process in the trade or business of
snid employer, then such contractor and all persons employed by him. mid nil
subcontractors under him, and all persons employed by any such subcontractors,
shall be deemed, within the meaning of this section, employees of such original
employer. Any person, firm or cori>oration engaged in the performance of work
as an independent contractor, shall be deemed an employer within the meaning
of this section. The words “ independent, contractor " as herein used, is defined
to be any person, association or corporation engaged in the performance of any
work for another, and while so engaged, is independent of the employer in all
that, pertains to the execution of the work, is not subject to Use rule or control
of the employer, is engaged only in the performance of a definite job or piece
of work, and is subordinate to the employer only in effecting a result in accord
ance with the employer's design.
Sec. 45. Who are employees.—The terms 44employee/’ 44 workman.” and
" operative,” as used in this act, shall be construed to mean:
(1) Every person in the service of the State, and every county, city, town,
municipal corporation, or school district, including regular members of lawfully
constituted police and fire departments of cities and towns, under any appoint
ment or contract of hire, express or implied, oral or written, except any elective
official of the State, or of any county, city, town, municipal corporation, or
school district therein, or other official receiving more than $2,400 per year
salary.
(2) Every person, except agricultural laborers as designated and domestic
servants in the service of any employer, as defined in subdivision 2 of section
44, who employs three or more workmen or operatives regularly in the same
business, or in or about the same establishment, under any contract o£ hire,
express or implied, oral or written, including aliens, and also including minors
who are legally or illegally permitted to work for hire under the laws of the
State, but not including any person whose employment is but casual and is
not in the usual course of trade, business, or occupation of his employer.
All lessees in mines or of mining property, and the employees and con
tractors of all such lessees who are engaged in the performance of work which
is a part of process in the business that is being actually conducted by the
lessor, and over whose work the lessor retains supervision or control, shall be
deemed, within the meaning of this section, employees of such lessor, draw
ing such wages as are paid employees for similar work: Provided. That the
lessor may deduct from the proceeds of ores mined by the lessees the premium
required to be paid.
Sec. 46. Definitions.—The following terms as used in this act shall be con
strued as follows:
(1) The term “ order” shall mean and include any decision, rule, regulation,
direction, requirement, or standard of the commission, or any other determina
tion arrived at or decision made by such commission.
(2) The term “ general order” shall mean and include such order as applied
generally throughout the State to all ]>crsons under the jurisdiction of the
commission. All other orders of the commission shall be considered special
orders.
(3) The words “ Personal injury by accident arising out of or in the course
of employment” shall include an injury caused by the willful act of a third
person directed against an employee because of his employment.
These shall not include a disease except as it shall result from the injury.
(4) The term “ compensation” shall mean the compensation and benefits
provided for in this act.
(5) The term “ award” shall mean the finding or decision of the commis
sion as to the amount of compensation or benefit due any injured or the
dependents of any deceased employee.
(6) The term “ hazardous employment” as used in this act shall be con
strued to mean and shall include the following:
(1)
The operation of steam railroads, electrical railroads, street railroads, by
locomotives, engines, trains, motors, or cars of any kind propelled by steam,
TEXT OP LAWS— ARIZONA
95
electricity, cable or other mechanical power, including the 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 proximity to
gunpowder, blasting powder, dynamite, compressed air, or any other explosive.
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 hoist
ing 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 20 feet or more
above the ground or floor beneath in the erection, construction, repair, painting
or alt era (ion of any building, bridge, structure or other work in which the same
arc used.
(0)
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 tele
graph. telephone or other purposes.
18) All work in miues; and all work in quarries.
(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, ejectricity. or any other mechanical power is used to operate machinery
and appliances in and abour such premises.
Skc. 47. Compen-wt ion to he paid.—Every employee mentioned in section 45
who is injured and the dependents of every sucli employee who is killed by
accident arising out of, or in the course of his employment, wheresoever such
injury h«s occurred, provided the same was not purposely self-inflicted, shall
be entitled to receive, and shall be paid such compensation for loss sustained
on account of such injury or death, and such medical, nurse and hospital
services and medicines, and such amount of funeral expenses, in case of death,
as are herein provided.
Slits. 48-53. Insurance.— [Private employers must secure the payment of
benefits under the act either by insuring iu the State fund or in an authorized
stock or mutual insurance company, or by furnishing satisfactory proof of
finunciijl ability to make direct payments as they become due under the act.
Jn the last case. the commission may require the deposit; of security or bonds.
If self-insurers do not fully comply with the provisions of the act as to their
obligations, the claim of the injured workman or his dependents will be assumed
to hii ve been assigned to the commission for the benefit of the State fund, from
which benefits due will be paid, and the commission will have a right of action
against the employer to recover such amount, with necessary expenses of the
recovery, including a reasonable attorney’s fee. If a bond has been deposited,
recovery will be on the bond.
Stock and mutual companies will be subject to the rules and regulations of
the commission, including the subjects of rates, reserves, deposits, etc. Em
ployers insuring in other than the State fund must file notice of their insur
ance, with a copy of the policy. Policies must cover the entire liability of the
employer, and provide for the industrial commission or the State to enforce in
their own names the liability of the insurer for the payment of the compensa
tion insured, or any unpaid portion thereof. Policies must also contain a pro
vision that notice and jurisdiction of the employer bind the insurer, and that
the insolvency of the employer does not release the carrier from liability for
beneiits accruiug during the life of the policy. The State and its municipalities
must insure in the State fund.]
Sec. 54. Pay rolls to be furnished.— [Counties, cities, etc., are required to fur
nish pay rolls of their employees, classified as the commission may require, and
appropriate premiums are to be paid at once to the commission by the proper
officer.]
Sec. 55. Payments from State fund.— [This section provides that employees
covered by insurance in the State fund shall be paid therefrom compensation,
medical aid, and funeral expenses in case of death.]
Sec. 56. Premium payments.— [Every employer except the State who is in
sured in the State fund must make semiannual payments of premium accord-
96
WORKMEN 'g COMPENSATION LAWS— UNITED STATES
ing to the classes and rates fixed by the commission: also any adjustments
found due.]
Sec. 57. Benefits.— (a) Every injured employee within the provisions of
this act shall be entitled to receive, and shall receive promptly, such medical,
surgical and hospital or other treatment, nursing, medicines, medical and sur
gical supplies, crutches and apparatus, including artificial members, as may be
reasonably required at the time of the injury and within ninety days there
after, which may be extended to one year by the Arizona Industrial Commission.
The benefits conferred by this section upon the injured employee shall herein
after be termed “ accident benefits.”
(&)
For the purpose of providing a fund to take care of said accident bene
fits as in this act provided, the Arizona Industrial Commission is authorized
and directed to collect a premium upon the total pay roll of every employer,
including the State and its legal subdivisions, except as hereinafter provided,
in such a percentage as the commission shall by order fix ; every employer
paying such premium shall be relieved from furnishing accident benefits, and
the same shall l>e provided by the Arizona Industrial Commission. Every
employer paying such premium for accident benefits may collect one-half there
of, not to exceed $1 per month, from each employee, and may deduct the same
from the wages of such employee.
The Arizona Industrial Commission shall have the authority to adopt such
reasonable rules and regulations as may be necessary to carry out the pro
visions of this subdivision of this section. All fees and charges for such acci
dent benefits shall be subject to regulation by the commission, and shall be
limited to such charges as prevail in the same community for similar treatment
of injured persons of like standard of living.
The State compensation fund provided for in this act shall not be liable
for any accident benefits provided by this section, but the fund provided for
accident benefits shall be a separate and distinct fund, and shall be so kept.
(c) It shall be the duty of every employer operating under the provisions
of this act. immediately upon the occurrence of any injury to any of his
employees, to render to such employee all necessary first aid, including cost
of transportation of the injured employee from the place of injury to the
nearest place of proper treatment where the injury is such as to make it rea
sonably necessary for such transportation; such employer shall forthwith
notify the commission of such accident, giving the name of the injured em
ployee, the nature of the accident, and where and by whom the injured employee
Is being treated, and the date of the accident. Every employer paying acci
dent benefit premiums .to the Arizona Industrial Commission furnishing first
aid shall be entitled to receive from the commission the amount of such
expenditure reasonably made.
(d) Every employer, except the State and its legal subdivisions, operating
under this act, alone or together with other employers may, in lieu of making
premium payments to the accident benefit fund, make arrangements for the
purpose of providing accident benefits as defined in this act for injured em
ployees and such employer may collect one-half of the cost of such accident
benefits from their collective employees, not to exceed $1 per month from any
one employee, and may deduct the same from the wages of each employee.
Employers electing to make such arrangements for providing accident benefits
shall notify the Arizona Industrial Commission of such election and render a
detailed statement of the arrangements made. Every employer who main
tains a hospital of any kind for his employees, or who contracts with a physi
cian for the hospital care of injured employees, shall, on or before the SOtli
day of January of each year, make a written report to the Arizona Industrial
Commission for the preceding year, which report shall contain a statement
showing: (1) Total amount, of hospital fees collected, showing separately the
amount contributed by the employees and the amount contributed by the
employers; (2) an itemized account of the expenditures, investments, or
other disposition of such fees: and (3) a statement showing what balance, if
any. remains. Such reports shall be verified by the employer, if an individual,
by a member, if a partnership, by the secretary, president, general manager,
or other executive officer, if a corporation; by a physician, if contracted to a
physician.
Every employer who fails to so notify said Arizona Industrial Commission
of such election and arrangement, or who fails to render the financial report
required herein, shall be liable for accident benefits as heretofore provided by
subdivision (&) of this section.
TEXI Of LAWS— ARIZONA
97
(e)
If it be shown or the commission finds that the employer is furnish
ing the requirements of medical, surgical, or hospital aid or treatment pro
vided for in this act in such a manner that there are reasonable grounds for
believing that the health, life, or recovery of the employee is being endangered
or impaired thereby, the commission may, upon application of the employee
or upon its own motion, order a change in the physician or other requirements,
and if the employer fails to promptly compiy with such order, the injured
employee may elect to have such medical, surgical, or hospital aid or treatment
provided by or through the Arizona Industrial Commission, in which event the
cause of action of said injured employee against the employer or hospital asso
ciation shall be assigned to the Arizona Industrial Commission for the benefit
of the accident benefit fund, and the Arizona Industrial Commission shall fur
nish to said injured employee the medical, surgical, or hospital aid or treat
ment provided for in this act.
[The State and its subdivisions are to pay into the accident benefit fund such
premiums as are authorized by this section and the commission is to admin
ister such fund with the same power as is provided for the administration of
the State compensation fund; the State treasurer is its custodian.]
Sec. 58. Tax on noninsuHng employers.— [Employers who do not insure
must pay a tax based on the amount the employer would pay as premiums if
insured in the State fund, at the same rate as required by law on premiums
received by insurance companies.]
Sec. 59. Extraterritoriality.—If a workman who has been hired or is regu
larly employed in this State receives a personal injury by accident arising out
of and in the course of such employment, he shall be entitled to compensa
tion according to the law of this State as provided for in this act, even though
such injury was received outside of this State. If a workman who has been
hired outside of this State is injured while engaged in his employer's business,
and is entitled to compensation for such injury under the law of the State
where he was hired, he shall be entitled to enforce against his employer his
rights in this State if his rights are such that they can reasonably be deter
mined and dealt with by the commission and the courts in this State.
Sec. 60. Employees option.— [Employers complying with -the provisions of
seel ion 48 are exempt from other liability than that herein provided; but em
ployees may elect to reject the terms of the act by prior notice in writing, a
duplicate to be filed with the commission.1 Election is presumed iu the absence
of such notice and employers in hazardous occupations must post and keep
posted a notice to that effect, which failing, an injured employee may either
claim compensation or sue under other laws of the State.]
Sec. 61. Notice of self-insurance.—Each employer providing insurance or
electing directly to pay compensation to his injured or the dependents of his
killed employees as herein provided, other than the employers mentioned iu
subdivision 1 of section 44, shall post in conspicuous places about his place
of business typewritten or printed notices stating the fact that he has com
plied with the provisions of this act and of all the rules and regulations of
the commission made in pursuance thereof, and has been authorized by the
commission directly to compensate such employees or dependents, and the
same, when so posted, shall constitute sufficient notice of his employees of the
fact that he has complied with the law as to securing compensation to his
employees and their dependents.
S ecs. 62, 63. Employers failing to comply.— [Employers failing to comply
with the provisions of section 48 are not entitled to the benefits of this act
during the term of such noncompliance, but are liable in actions in damages
for the injury or death of employees, without the defenses of assumption of
risk or contributory negligence; and proof of injury shall be prima facie evi
dence of negligence. Instead of suing, the injured worker or his dependents
may apply for compensation in accordance with the terms of this act, and the
commission shall proceed to hear and determine the claim. An award filed in
the olGce of the clerk of the superior court must be docketed as a judgment
of that court, and is a lien on the real proi>erty of the employer in that county
for a period of eight years.]
Sec. 64. Default.— [E m p loy ers d efaultin g in paym ents due the S tate com
pensation fund or the accident benefit fund are required to pay the sam e with
1 As cnactcd, this option extended only to employees in occupations declared by section
46 to be hazarrioiiM; but the supreme court hold this restriction to be in conflict with the
constitution, and Invalid.
98
WORKMEN’S COMPENSATION LAWS— UNITED STATES
interest at 12 per cent per annum, to be collected by the commission in a
civil suit.]
S e c . 65. Right to recover; exceptions.—The right to recover compensation
pursuant to the provisions of this act for injuries sustained by an employee
shall be the exclusive remedy against the employer, except as provided in sec
tions 60 and 61 of this act, and except where the injury is caused by the em
ployer’s willful misconduct and such act causing such injury is the personal
act 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 indicates a willful disregard of the life, limb, or
bodily safety of employees, such injured employee may, at his option, either
claim compensation under this act or maintain an action at law for dam
ages. The term “ willful misconduct ” as employed in this section shall be con
strued to mean an act done knowingly and purposely with the direct object of
injuring another.
Sr.c. 66. Injuries by third parties.— [In case of third-party liability the in
jured employee or his dependents must elect between an action for damages
and a claim against the employer, i f the latter is chosen, the right to sue
passes to the person, fund, or association liable for the payment of compensa
tion; if suit is brought, the liability for compensation is limited to the ciinfer
ence, if any, between the amount recovered ur.d the benefits provided by the
act. Compromise settlements may be made by an employee only with written
approval of the person liable for compensation.]
Sec. 67. Choice of remedies.— [Applying for, or. with the consent of the com
mission, accepting compensation is a waiver of a right lo sue; and bringing
suit is a waiver of compensation rights.]
Sec. 68. xiatus of judgments.—All judgments obtained in any action prose
cuted by the commission or by the State tinder the authority of this act shall
have the same preference against the assets of the employer as claims for
taxes now have.
Sec. 69. Waiting time.—No compensation shall be allowed for the first seven
days after the injury is received: Provided, however, That this shall not pre
vent disbursement* from the accident: benefit fund and shall not apply to the
payment of funeral expenses.
S k c . 70. Average monthly wages; dependents.—Every employee in the employ
of an employer within the provisions of this act, who shall be injured by acci
dent arising out of and in the course of employment, or his dependents, as
hereinafter defined, in case of his death, shall be entitled to receive the follow
ing compensation on the basis of average monthly wage at time of injury.
The term 44average monthly wage *’ shall he construed to mean the average
wage paid during and over the month in which such employee shall be killed
or injured. In the event that such employee shall he working under a contract
with his employer under the terms of which said employee shall be guaranteed
any amount per diem or per month, notwithstanding the contract price for such
labor, then and in such event said employee or his subordinates or employees
working under the terms of said contract, or his or their dependents as here
inafter defined in case of death, shall be entitled to receive the following com
pensation on the basis only of the guaranteed wage as set out in said contract
of employment, whether such amount is paid on a per diem basis or on a
monthly basis, provided that in no event shall such basis be less than such
wages as are paid to employees for similar work not under contract.
(A) Death benefits
If the injury causes death, the compensation shall be known as a death benefit,
and shall be payable in the amount and to and for the benefit of the persons
following:
1. Burial expenses, not to exceed $150, in addition to the compensation pay
able under this act.
2. To the widow, if there is no child, 55 per cent of the average wage of
the deceased. This compensation shall be paid until her death or remarriage,
with two years’ compensation in one sum upon remarriage.
3. To the widower, if there is no child, 35 per cent of the average wage of
the deceased, if wholly deiyendent for support upon the deceased employee at
the time of her death. This compensation shall be paid until his death or
remarriage.
TEXT OF LAWS— ARIZONA
99
4. To the widow or widower, if there is a child or children, the compensa
tion payable under subdivision (1) or subdivision (2), and in addition the
additional amount of 15 per cent of such wage for each child until the age of
18 years, in no case including provision for widow or widower .and children,
to exceed 00% per cent of the average wage. In case of the subsequent death
of such surviving wife, or dependent husband, a single surviving child of the
deceased employee shall have his compensation increased to 25 per cent of such
wages; or in the event that there is more than one surviving child, 25 per
cent should be paid for one child under 18, and 15 per cent for each additional
such child, to be divided among such children share and share alike, but not
exceeding a total of 00% per cent of the average wage: Provided, That com
pensation on account of any such child ceases when it dies, marries, or reaches
the age of 18 years, or if over 18 years and incapable of self-support, becomes
capable of self-support.
5. If there be u surviving child or children of the deceased under the age
of 18 years, but no surviving wife (or dependent husband), then for the sup
port of each child until the age of 18 years, the provisions of the foregoing
subsection shall apply.
0. If there be no surviving wife (or dependent husband) or child under the
age of 18 years, there shall be paid to a parent, if wholly dependent for sup
port upon the deceased employee at the time of his death, 25 per cent of the
average monthly wage of the deceased during dependency, with an added
allowance of 15 per cent if two dependent parents survive; to the brothers or
sisters, under the age of 18 years, if one is wholly dependent, upon the de
ceased employee for support at the time of injury causing death, 25 per cent
of the average monthly wage for the support of such brother or sister, until
of the age of 18 years. If more than one brother or sister is wholly dependent,
85 per cent of the average monthly wage at the time of injury causing death,
divided among such dependents share and share alike. If there is no one of
them wholly dependent, but one or more partly dependent 15 per cent divided
among such dependents share and share alike.
7. In all other cases, questions of total or partial dependency shall be deter
mined in accordance with the facts as the facts may be at the time of the
injury. If the deceased employee leaves dependents only partially dependent
upon bis earnings for support at the time of the injury causing his death, the
monthly compensation to be paid shall be equal to the same proportion of
the monthly payments for the benefit of persons totally dependent as the amount
contributed by the employee to such partial dependents bears to the average
wago of deceased at the time of rlie injury resulting in his death. The
duration of such compensation to partial dependents shall be fixed by the
commission in accordance with the facts shown, but in no case exceed com
pensation for .100 months.
8. Compensation to the widow or widower shall be for the use and benefit
of such widow or widower and of the dependent children, and the commission
may, from time to time, apportion such compensation between them in such
way as it deems best for the interest of all beneficiaries.
If a dependent to whom a death benefit is to be paid is an alien not residing
in the United States, the compensation shall be only 00 per cent, of the amount
or amounts above specified,
9. If there be no dependents, the employer or insurance carrier, or the State
compensation fund, shall pay the burial expenses of the deceased, as provided
herein, and sliali pay into the State treasury the sum of $850. Such payments
shall be held in a special fund for the purpose of enabling the commission to
provide such additional awards as may be uecessary to enable injured em
ployees to accept the benefits of any act that may be passed by the Legislature
of Arizona, or the Congress of the United States, or both assemblies jointly,
to provide for the promotion of vocational rehabilitation of persons disabled
in industry or otherwise, and their return to safe employment.
.10. In case of the death of any dependent specified in the foregoing enumera
tion before the expiration of the time named in the award, funeral expenses
not to exceed $150 shall be paid.
( B) Total disability
1. Temporary total disability: For temporary total disability, if there be no
one residing in the United States totally dependent upon the workman at the
time of the injury, compensation of 05 per cent of the average monthly wage,
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WOEKMEN's COMPENSATION LAWS— UNITED STATES
but not exceeding 100 months, daring the period of such disability; If there be
persons residing in the United States totally dependent for support upon the
workman, compensation as provided herein with an additional allowance of
$10 per month for such dependents during the period of such disability.
2. Permanent total disability: Jn cases of total disability adjudged to be
permanent, compensation of 65 per cent of the average monthly wage, during
the life of the injured person.
In cases of the following specified injuries, in the absence of proof to the
contrary, the disability caused thereby shall be deemed total and permanent.
1. The total and permanent loss of sight of both eyes.
2. The loss by separation of both feet.
3. The loss by separation of both hands.
4. An injury to the spine resulting in permanent and complete paralysis of
both legs, or both arms, or one leg and one arm.
5. An injury to the skull resulting in incurable imbecility or insanity.
6. The loss by separation of one hand and one foot shall be deemed a per
manent total disability.
The above enumeration is not taken as exclusive; and in all other cases
permanent total disability shall be determined in accordance with the facts.
(C) Partial (Usability
1. Temporary partial disability: For temporary partial disability, 65 per
cent of the difference between the wages earned before the injury and the
wages which the injured person is able to earn thereafter, for a period not
to exceed 60 months during the period of said disability.
2. In case of any of the following specified injuries, the disability caused
thereby shall be deemed a permanent partial disability, and compensation of
55 per ccnt or* the average monthly wage shall be paid in addition to the
compensation paid for temporary total disability for the period named in
the following schedule:
( a ) For the loss of a thumb, 15 months.
(b) For the loss of a first finger, commonly called the index finger, nine
months.
(O For the loss of a second finger, seven months.
(d) For the loss of the third finger, five months.
( e ) For the loss of the fourth finger, commonly called the little finger, four
months.
(/') The loss of a distal, or second phalange, of the thumb, or the distal, or
third phalange, of the first, second, third, or fourth finger, shall be considered
thumb or linger, and compensation shall be one-half of the amount specified for
a permanent partial disability, and equal to the loss of one-half of such thumb
or finger, and comimitation shall be one-half of the amount specified for
the loss of the entire thumb or finger.
(//) The loss of more than one phalange of the thumb or finger, 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.
(h ) For the loss of a great toe, seven months.
(i) For the loss of one of the other toes other than the great toe, two and
one-luilf months.
( /) However, 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.
(A) The loss of more than one phalange shall be considered as the loss of
the entire toe.
(7)
For the loss of a major hand, 50 months; the loss of a minor hand, 40
months.
( m) For the loss of a major arm, 60 months; for the loss of a minor arm, 50
months.
( it) For the loss of a foot. 40 months.
(o) For the loss of a leg. 50 months.
(/>) For the loss of an eye by enucleation, 30 months.
(q) The permanent and complete loss of sight in one eye without enuclea
tion, 25 months.
(?•) For permanent and complete loss of hearing in one ear, 20 months.
(#) For permanent and complete loss of hearing in both ears, 60 mouths.
TEXT OF LAWS— ARIZONA
101
(t) Tlie permanent and complete loss of the use of a finger, toe. arm. hand,
l'oot, or leg may be deemed the same as the loss of any such member by
separation.
( m) For the partial loss of use of a finger, toe, arm, hand, foot, leg. or par
tial loss of sight or hearing. 50 per cent of the average monthly wage, during
that proportion of the number of months in the foregoing schedule provided
for the* complete loss of use of such member, or complete loss of sight or hear
ing, which the partial loss of use thereof bears to the total loss of use of such
member or total loss of sight or hearing.
(r) Facial disfigurement: For permanent disfigurement about the head or
face, which shall include injury to or loss of teeth, the commission may allow
such sum for compensation thereof as it may deem just, in accordance with
the proof submitted, for a period not to exceed 18 months.
(w) Where the injury causes partial disability for work, the employee shall
receive, during such disability, compensation equal to 55 per cent of the dif
ference between his average monthly wages before the accident and the
monthly wages he Is able to earn thereafter. In no case shall the payments
conti-Mie after the disability ends, or death of the injured person, and in case
the L'.t.iial disability begins after a period of total disability the period of total
disability shall be deducted from such total period of compensation.
In determining the percentage of disability, consideration shall be given,
among other things, to any previous disability, the occupation of the injured em
ployee, the nature of the physical injury, and the age of the employee at the
time of the injury.
(x ) Where there is a previous disability, as the loss of one eye, one hand,
one foot, or any other previous disability, the percentage of disability for a
subsequent injury shall be determined by computing the percentage of the entire
disability and deducting therefrom the percentage of the previous disability as
it existed at the time of the subsequent injury.
(//) The commission may adopt a schedule for rating permanent disabilities
and reasonable and proper rules to carry out the provisions of this subsection.
No compensation shall be payable for the death or disability of an employee,
if his death be caused by, or in so far as his disability may be aggravated,
caused or continued by an unreasonable refusal or neglect to submit to or follow
any competent and reasonable surgical treatment or medical aid.
(z) All hernias are considered to be injuries within the provisions of this
act causing incapacitating conditions, or permanent disability, and until other
wise ordered by the commission, the following rules for rating shall govern
hernia cases:
Sec. 71. Hernia.— (a) Real traumatic hernia is an injury to the abdominal
(belly) wall of sufficient severity to puncture or tear asunder said wall, and
permit the exposure or protruding of the abdominal viscera or some part
thereof. Such injury will be compensated as a temporary total disability, and
as a partial permanent disability, depending upon the lessening of the injured
individual's earning capacity.
(5)
All other hernias, whenever occurring or discovered and whatsoever the
cause, except as under (a), are considered to be diseases causing incapacitat
ing conditions, or permanent partial disability; but the permanent, partial dis
ability and the causes of such are considered to be as shown by medical facts
to have either existed from birth; to have been years in formation, or both,
and are not compensatory except as hereinafter provided.
(c)
All cases coming under (&) in which it can be proven, first, that the
immediate cause, which calls attention to the presence of the hernia, was a
sudden effort or severe strain or blow received while in the course of employ
ment; second, that the descent of the hernia occurred immediately following
the cause: third, that the cause was accompanied, or immediately followed, by
severe pain in the hernial region; fourth, that the above facts were of such
severity that the same were noticed by the claimant and communicated imme
diately to one or more persons; are considered to be aggravations of previous
ailments or diseases, and will be compensated as such for time lost only to a
limited extent, depending upon the nature of the proof submitted and tho
result of the local medical examination, but not to exceed two months.
Sec. 72. Dependents.— (a) The following persons shall be conclusively pre
sumed to be totally dependent for support upon a deceased employee:
1.
A wife upon a husband whom she has not voluntarily abandoned at the
time of the iujury.
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WOBKMEn's COMPENSATION LAWS— UNITED STATES
2. A husband, mentally or physically incapacitated from wage earning, upon
a wife whom he has not voluntarily abandoned at the time of the injury.
3. A natural, posthumous, or adopted child or children, whether legitimate
or illegitimate, under the age of 18 years, or over that age if physically or
mentally incapacitated from wage earning, upon the parent with whom he or
they are living at the time of the injury resulting in the death of such parent,
there being no surviving parent. Step-parents may be regarded in this act as
parents, if the fact of dependency is shown, and a stepchild or stepchildren
may be regarded in this act as a nalural child or children, if the existence and
fact of dependency is shown.
(&.) Questions as to who constitute dependents and the extent of their dependeRcy shall be determined as of the date of the accident or injury 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 bene
fits shall be directly recoverable by and payable to the dep< mlent or dependents
entitled thereto, or to their legal guardians or trustees.
Sec. 73. Waiting time.—No compensation, except accident benelits, shall be
paid under this act for an injury which does not incapacitate the employee
for a period of at least seven days from earning full wages, but if the in
capacity extends beyond the period of seven days, compensation shall begin
on the eighth day after the injury: Provided, however, That it’ such disability
continues for one week beyond the period of seven days, such compensation
shall be computed from the date of the injury.
Sec. 74. Assignments, etc.—Compensation payable under this act. whether
determined or due, or not, shall not. prior to the issuance and delivery of the
warrant therefor, be assignable; shall be exempt from attachment, garnish
ment and execution, and shall not pass to another person by operation of the
law: Provided, however, That the payments to the consul general, consul,
vice consul general, or vice consul, of the nation of which any dependent of
a deceased employee is a resident or subject, or a representative of such consul
general, consul, vice consul general, or vice consul, of any compensation due
under this act to any dependent residing outside of the United States, any
power of attorney to receive or receipt for the same to the contrary notwith
standing, shall be as full a discharge of the benefits or compensation payable
under this act as if payments were made directly to the beneficiary.
Sac. 75. Waiver.— [No waiver of rights under the act is valid, nor any agree
ment for an employee to pay any part of the employer’s premium except
premiums for accident benefits.]
SRC. 76. Lump sums.— [The commission may, in its discretion, commute any
compensation into a lump-sum payment not in excess of $6>500.]
Sec. 77. Medical examinations, etc.— [Workmen entitled to compensation must
submit to medical examinations from time to time at reasonably convenient
places, as may be provided by the rules of the commission, and may have
present a physician provided at their own expense. Refusal or obstruction
suspends benefits, “ and no compensation shall be payable during or for account
of such i>eriod.” The commission may suspend or reduce compensation in case
of persistence in insanitary or injurious practices or the refusal of reasonably
essential medical or surgical treatment. Making false statements to obtain
benefits is a misdemeanor and a claimant convicted thereof forfeits all right
to compensation under the act.l.
Skc. 78. Interstate commerce.—The provisions of this act shall apply to
employers and their employees engaged in intrastate and also is interstate and
foreign commerce for whom a rule of liability or method of compensation has
been or may be established by the Congress of the United States only to the
extent that their mutual connection with intrastate work may and shall be
clearly separate and distinguishable from interstate or foreign commerce.
Sec. 79. Reports.— [Employers under the act and physicians attending em
ployees within its scope are required to file with the commission full and
complete reports of all known injuries in such form as the commission may
prescribe. A schedule is to be fixed of physicians* fees, which shall not be
exceeded. Physicians may be required to testify, and information obtained
while in attendance on injured employees is not privileged if necessary to a
proper understanding of the case. On receipt of knowledge of an accident an
employer must at once send a physician chosen by him to examine the injured
TEXT OF LAWS— ARIZONA
103
man, and sucli examination must be permitted. It is tlie duty of tlie physician
to report the character and extent of the injury as ascertained.
If the employee or his physician fail to report the accident, or if the
employer’s physician is not permitted to make the examination above provided
for. no compensation shall he paid for the injury; hut ihe commission may in
its discretion relieve of such forfeiture if it appears that the circumstances
attending the failure of the employee or his physician to report the injury
were sufficient to excuse such failure and the failure will not result in an
unwarrantable charge against the State compensation fund or accident benefit
fund.J
Skc. *u. Claims.— [An injured employee or his dependents must file applica
tion for the compensation claimed, together with a certificate of the attending
physician, who shall render all necessary assistance in making the application
and necessary proof.
If change of circumstances warrants a modification of the award application
shall similarly be made therefor. No change will affect prior payments. No
appJication will be valid or claim thereunder enforceable unless filed within
one year after the date of the occurrence of the injury or the accrual of the
right to benefits.]
Skcs. 81,82. llramivjition of records, etc.— [All books, records, and pay rolls
of employers relating to wage expenditure must always be open for inspection
by the commission or its agents. Any misrepresentation of pay roll entails
a forfeiture of ten times the amount of the difference in the premium in
volved.!
Skch. 83-80. Enforcement, reports, eic.— [The attorney general or a county
attorney under his direction may be called on by the commission to prosecute
actions to enforce the law or recover money or penalties due. The State
auditor is to audit the books, fund*, etc., of the commission annually, or as
often as he may deem necessary. The commission is to make anuual reports
to the governor of accidents, administration, finances, etc., and to publish and
distribute to employers and employees general information as to its trans
actions.]
►Sec. 87. Classifications, etc., to be printed.—The commission shall cause to be
printed, in proper form for distribution to the public, its classifications, rates,
rules, regulations, and rules of procedure, and shall furnish the same to any
person upon application therefor.
Skc. 88. Suspension of orders, etc.—No injunction shall issue suspending or
restraining any order, award, classification, or rate adopted by the commis
sion or any action of any officer required to be taken by them or any of them
by and of the provisions of this act, except as herein provided; but nothing
herein shall affect any right of defense in any action brought by the com
mission or the Stale in pursuance of authority contained in this act.
S ec. 81). Construction.—If any employer shall be adjudicated to be outside
the lawful scope of this act. the act shall not apply to him or his workman,
or if any workman shall be adjudicated to be outside the lawful scope of this
act because of the remoteness of his work from the hazard of his employer's
work, any such adjudication shall not impair the validity of this act in other
respects, and in every such case an accounting in accordance with the justice
of the case shall be had of moneys received. Any adjudication or invalidity
of any part of this act shall not affect the validity of the act as a whole or
any part thereof.
Sec. 90. Appeals.— [Appeals to the supreme court may be taken within 30
days after a finding of the commission, limited to questions of action in excess
of power, and whether a finding of fact made supports the award under
review.]
Sec. 91. Procedure.—The commission shall not be bound by the usual com
mon law or statutory rules of evidence or by any technical or formal rules
of procedure, other than as herein provided; but may make the investigation
in such manner as in its judgment is best calculated to ascertain the sub
stantial rights of the parties and to carry out justly the spirit of this act.
Sec. 92. Payments to minors.—A minor working at an ago legally per
mitted under the laws of this State shall be deemed sui juris for the purpose
of this act, and no other person shall have any cause of action or right to
compensation for an injury to such minor workman, but in the event of the
104
w o r k m e n 's COMPENSATION IAWS— UNITED STATES
award of a lump sum of compensation to such minor employee, suclt sun;
tSljiili be paid only to tlie legally appoiuted guardian of sueli minor.
S ecs. 93-97. [These sections make provisions for contingencies of invalidity
or repeal of the law, repeal of the former law, and for its taking effect on
adoption of the amendment to the constitution.]
Sec. 98. Appropriations.— [The sum of $100,000 is appropriated, $90,000 to
the compensation fund and $10,000 to the accident benefit fund, with provi
sion for the return of these amounts by installments through a period not
exceeding 15 years. A salary and expense fund of $50,000, or so much thoreof
as may be necessary, was also appropriated for the year ending June 30, 1927.]
CALIFORNIA
CONSTITUTION
A rticle
XX
Section 21.—Compensation and insurance legislation
TAs amended in 1018, this section authorizes the legislature “ to create and
enforce a complete system of workmen’s compensation,” including provisions
for comfort, health, and safety, medical, surgical, and hospital treatment, the
payment of compensation and its security by insurance, the establishment of a
State fund, methods of adjusting disputes, and administration of such a
law generally by arbitration, a commission, or the courts, either, any, or all.
Findings of a commission are to be subject to review by the appellate courts
of the State.]
STATUTES
Workmen's compensation and insurance1
S e c tio n 1 (1917, ch. 586). Scope and intent.— [This section embodies the
declaration of public policy embodied in the amendment of 1918 of section 21 of
the State constitution, supra.]
Secs. 1, 2. Title.— rThese are taken from the acts of 1913 (ch. 176) and 1917
(ch. 586). respectively, and give the short title of the acts, “ Workmen's com
pensation, insurance, and safety.” ]
Sec. 3 (1917, ch. 586, as amended 1919, ch. 471). Definitions.—The following
terms as used in this act shall, unless a different meaning is plainly required by
the context, be construed as follows:
(1) The term “ commission ” means the Industrial Accident Commission of the
State of California as created under the provisions of chapter 176 of the laws
of 1913.
(2) The term “ commissioner ” means one of the members of the commission.
(8) The term “ compensation” means compensation under this act and
includes every benefit or payment conferred by sections 6 to 81. 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 “ injury” as used in this act, shall include any injury or dis
ease arising out of the employment, including injuries to artificial members.
In case of aggravation of any disease existing prior to such injury, compensa
tion shall be allowed only for such proportion of the disability due to the
aggravation of such prior disease as may reasonably be attributed to the injury.
(5) The term “ damages ” means the recovery allowed in an action at law as
contrasted with compensation under this act.
(6) The term “ person” includes an individual, firm, voluntary association,
or a public, quasi public, or private corporation.
(7) The term “ insurance carrier” includes the State compensation insurance
fund and any private company, corporation, mutual association, reciprocal
or interinsurance exchange authorized under the laws of this State to insure
employers against liability for compensation under this act and any employer
to whom a certificate of consent to self-insure has been issued.
(8) 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.
Sec. 3 (1913. ch. 176). Industrial accident commission.— rA board of three
members appointed by the governor is to serve four years at $5,000 per year,
not more than one member’s term expiring in any year.]
1 Tho originnl act of 1911 was superseded in 1013. ThLs second act was amended in
19J5 and largely recast iu 1917. other changes being made in 1919. 1023. and 1025.
The text of these laws has been compiled by the industrial accident commission of the
State, and while the form is .said to be without official sanction, it is followed as a careful
and complete presentation of existing law.
105
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WORKMEN^ COMPENSATION LAWS— UNITED STATES
Secs. 4-7 (1013, ch. 176). Organisation, powers, etc., of commission.— [The
commission selects its own chairman, has a seal, is to maintain offices at San
Francisco anti Los Angeles, may appoint an attorney, a secretary, a manager
of the State compensation insurance fund, and other officers, assistants, experts,
referees, nnd employees as it deems necessary.]
S ecs. 4, 5 (1917. ch. 586). Same.— [The commission may appoint an assistant
to its attorney and is vested with whatever additional powers the act of 1917
may confer.]
Secs. 8-11 (1913, ch. 176). Salaries, expenses, forms, etc.— [Salaries and
expenses are to be iixed by law or by the commission. Tlio commission is to
provide forms and record books, may charge fees for copies of papers, is to
make annual reports to the governor, and may make and distribute from time
to time reports and pamphlets relative to its work, and may make and collect
reasonable charges for the Kame.]
Sec. 6 (1917, ch. 586, a •>amended 1919, ch. 471; 1923, ch. 161). Compensation
payable, when.— (a) Liability for the compensation provided by this act, in
lien of any other liability whatsoever to any person, shall, without regard to
negligence, exist against an employer for any injury sustained by his employees
arising out of and in the course of the employment and for the death of any
such employee if the injury shall proximately cause death, in those cases where
the following conditions of compensation concur:
(1) Wlieiv. at the time of the injury, both the employer and employee are
subject to the compensation provisions of this act.
(2) Where, at the time of the injury, the employee is performing service
growing out of and incidental to his employment and is acting within The
course of his employment.
(3) Where ihe injury is proximately caused by the employment, either with
or without negligence, and is not caused by the intoxication of the injured
employee, or is not intentionally self-inflicted.
(4) Where the injury is caused by the serious and willful misconduct of the
injured employee, the compensation i.t her wise recoverable by him shall be
reduced one-lialf: Provided, ha in r<-r, That such misconduct of the employee
*hail not be a defense to the claim of the dependents of said employee, if the
injury results in death, or to the claim ol the employee, if the injury result**
in a permanent partial disability equaling or in excess of 70 per cent of total:
And provided further, That such misconduct of said employee shall not be a
defense where his injury is caused by the failure of the employer to comply
with any provision of law, or any safety order of the commission, with refer
ence to the safety of places of employment: -4 nd provided further, That in case
of an injury suffered by an employee under 16 years of age, it shall be conclu
sively presumed that such injury was not caused by serious and willful
misconduct.
(b) Where such conditions of compensation exist, the right to recover such
compensation, pursuant to the provisions of this act, shall be the exclusive
remedy agaisnt the employer for the injury or death: Provided, That where the
employee is injured by reason of the serious and willful misconduct of the
employer, or his managing representative, or if the employer be a partnership,
on the part of one of the partners (or a managing representative or general
superintendent thereof), or if a corporation, on the part of an executive or
managing officer or general superintendent thereof, the amount of compensation
otherwise recoverable for injury or death, as hereinafter provided, shall be
increased one-half, any of the provisions of this act as to maximum payments
or otherwise to the contrary notwithstanding: Provided, however, That said
increase of award shall in no event exceed $2,500.
(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.
Sec. 7 (1917, ch. 5S6, as amended 1919, ch. 471).
“Employer”—The term
“ employer ” as used in sections 6 to 31, inclusive, of this act shall be construed
to mean: The State, and each county, city and county, city, school district,
irrigation district, all other districts established by law, and all public corpora
tions and quasi-public corporations and public agencies therein, and every per
son, firm, voluntary association, and private corporation, including any public
service corporation, who has any person in service under any appointment or
contract of hire, or apprenticeship, express or implied, oral or written, and the
legal representative of any deceased employer.
TEXT OF LAWS— CALIFORNIA
107
Sec. 8 (1917, ch. 586). Employees included and excluded.— (a) The term
44employee ” as used in sections 6 to 31, inclusive, of this act shall be construed
to mean: Every person in the service of an employer as defined by section 7
hereof under any appointment or contract of hire or apprenticeship, express
or implied, oral or written, including aliens, and also including minors, whether
lawfully or unlawfully employed, and all elected and appointed paid public
officers, and all officers and members of boards of directors of qua si-public or
private corporations, while rendering actual service for such corporations fof
pay, but excluding any person whose employment is both casual and not in
the course of the trade, business, profession, or occupation of his employer, and
also excluding any employee engaged in household domestic service, farm, dairy,
agricultural, vitieuitural, or horticultural labor, in stock or poultry raising, and
any person holding an appointment as deputy clerk, deputy sheriff, or deputy
constable appointed for the convenience of such appointee, who receives no com
pensation from the county or municipal corporation or from the citizens thereof
lor services as such deputy: Proi>ided, That such last exclusion shall not de
prive any person so deputized from recourse against any private person employ
ing him for injury occurring in the course of and arising out of such employ
ment.
( b)
Any person rendering service for another, other than as an independent
contractor, or as expressly excluded herein, is presumed to be an employee
within the meaning of this act. The term “ independent contractor *’ shall be
taken to mean, for the purposes of this act, any person who renders service,
other than manual labor, for a specified recompense for a specified result, under
1he control of his principal as to the result of his work only and not as to the
means by which such result is accomplished. A working member of a partner
ship receiving wages irrespective of profits from such partnership shall be
deemed an employee within the meaning of this section.
(e) Tlie term “ casual ” as used in this section shall be taken to refer only
10 employments where the work contemplated is to be completed in not ex
ceeding 10 workingdays, without regard to the number of men employed, and
where the total labor cost of such work is less than $100. The phrase “ course
of the trade, business, profession, or occupation of his employer*’ shall be
taken to include all services tending toward the preservation, maintenance, or
operation of the business, business premises or business property of the em
ployer. The words 44trade, business, profession, or occupation of his employer ”
shall be taken to include any undertaking actually engaged in by him with some
degree of regularity, the trade names articles of incorporation, or principal busi
ness of the employer to the contrary notwithstanding.
(d)
Watchmen for nonindustrial establishments, paid by subscription by
several persons, shall not be held to be employees within the meaning of this
act. In other cases where watchmen, paid by subscription by several persons,
have at the time of the injury sustained by them taken out and maintained in
full force and effect insurance upon themselves as self-employing persons con
ferring benefits equal to those conferred by this act, the employer shall not be
liable under this act.
(©) It shall not be a defense to the State, or any political subdivision or
institution thereof, or public or quasi-public corporation, that a person injured
while rendering service for it was not lawfully employed by reason of the
violation of any civil service or other law, rule, or regulation respecting the
hiring of employees.
(f) Workmen associating themselves under a partnership agreement the
principal purpose of which is the performance of the labor on a particular
piece of work, shall be deemed employees of the person having such work
executed, and, in the event the average weekly earnings arc not otherwise
ascertainable, shall be deemed to be employed at an average weekly wage of
$12: Provided, however, That if such workmen shall have taken out and
maintained in full force and effect insurauce, in an insurance carrier as defined
in this act. insuring to themselves and all persons employed by them benefits
identical with those conferred by this act, the person for whom such work
is to be done shall not be liable as an employer under this act.
Sec. 9 (1917, ch. 586, as amended 1919, ch. 471; 1925, ch. 354). Jienefits.—
Where liability for compensation under this act exists, such compensation shall
1965°—26------8
108
w o r k m e n ’s
COMPENSATION I.AWS— UNITED STATES
bo furnished or paid by the employer and bo as provided in the following
schedule:
(a)
Such medical, surgical, and hospital treatment, including nursing,
medicines, medical and surgical supplies, crutches and apparatus, including
artificial members, as may reasonably be required 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 lie liable for the
reasonable expense incurred by or on behalf of the employee? in providing
the same: Provide*.!, That if the employee so requests, (be employer shall
tender him one change of physicians and shall nominate at least three addi
tional practicing physicians comjjetent to treat the particular case, or as many
as may be available if three can not reasonably be named, from whom the
employee may choose: the employee shall also be entitled, in any serious
case, upon request, to the services of a consulting physician to be provided
by the employer: all of said treatment to be at the expense or :he employer.
It* the employee so request.*, the employer must procure cer-liicniion by the
commission or a commissioner of the competency for the particular ca>*e of the
consulting or additional physicians: Prorbled further. Thai the foregoinir pro
visions regarding a change of physicians shall not apply lo those cases where
the employer maintains, for his own employees, a hospilai and hospiia! staff,
the adequacy and competency of which have been approved by the commission.
Nothing contained in this section shall be construed to limit the right, of the
employee to provide, in any case, at his own expense, a consulting physician
or any attending physicians whom he may desire. Controversies between
employer and employee, arising under this section, shall be determined by -he
commission, upon the request of either p;.rty.
(1>) If the injury causes temporary disability, a disability payment which
shall be payaWe for one week in advance as wages on the eighth day after th.a
injured employe*' leaves work as a result of the injury. Tf the injury <i\uses
permanent disability, a disability payment which shall be payable for one
week in advance as wages on the eighth day after ihe injury. Such indemnify
slinil thereafter be payable on the employer's regular pay day. but not less
frequently than twice in each calendar month, unless otherwise ordered by the
commission, subject, however, to the following limitations:
m If the period of disability does not last longer than seven days from
the ./jay the employee leaves work as the result of the injury, no disability
payment whatever *hnl! be recoverable.
(2)
Tf the period of disability lasts longer than seven days from the day
the employee leaves work as the result of the injury, no disability payment
shall he recoverable for the first seven days of disability suffered.
2. The disability payment shall be as follows:
(1) If: the injury causes temporary total disability, (55 per cent of the aver
age weekly earnings during the period of such disability, consideration being
given to the ability of the injured employee to compete In an open labor market.
(2 ) Tf the injury causes temporary partial disability. 65 j>er cent of the
weekly loss in wages during the period of such disability.
(3) If the temporary disability caused by the injury is at times total and
at times partial the weekly disability payment during the period of each such
total or partial disability shall be in accordance with paragraphs 1 and 2 of
thi* subdivision, respectively.
(4) Paragraphs 1, 2. and 3 of this subdivision shall be limited as follows:
Aggregate disability payments for a single injury causing temporary 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 240 weeks from the date of the injury.
(5) Tf the Injury causes permanent disability, the percentage of disability
to total disability shall be determined and the disability payment computed
and allowed as follows: For a 1 per cent disability, 65 per cent of the average
weekly earnings for a period of four weeks; for a 10 per ceut disability. 65
per cent of the average weekly earnings for a period of 40 weeks; for a 20
per cent disability. 65 per cent of the average weekly earnings for a period
of 80 weeks; for a 30 per cent disability, 65 per cent of the average weekly
earnings for a period of 120 weeks; for a 40 per cent disability. 65 per cent,
of the average weekly earnings for a period of 160 weeks: for a 50 per cent
disability, 65 per cent of the average weekly eafilings for a period of 200 weeks:
for a 60 per cent disability. 65 per cent of the average weekly earnings for a
period of 240 weeks; for a 70 per cent disability, 65 per cent of the average
TEXT OF LAWS— CALIFORNIA
109
weekly earnings for a period of 240 weeks, and thereafter 10 per cent of such
weekly earnings during the remainder of life; for an 80 per cent disability,
C5 per cent of the average weekly earuings for a period of 2i0 weeks and
thereafter 20 per cent of such weekly earnings during the remainder of life;
for a 00 per cent disability, 05 per cent of the average weekly earnings for a
period of 210 weeks and thereafter 30 per cent of such weekly earnings dur
ing the remainder of life; for a 100 per cent disability, 05 per cent of the
average weekly earnings for a period of 240 weeks and thereafter 40 per cent
of such weekly earnings during the remainder of life.
(0)
The payment for ]>ermanent disabilities intermediate to those fixed by
the foregoing schedule shall be computed and allowed as follows: If under
70 per cent. 05 per cent of the average weekly earnings for 4 weeks f>r each
1 per cent of disability; if 70 per cent or over. 05 per cent of the average
weekly earuiugs for 240 weeks and thereafter 1 per cent of such weekly ea/uings for frucli 1 per cent of disability In excess of GO per cent to be paid during
the remainder of life.
(7) In determining the iiercentages 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, consideration
being given to the diminished ability of such injured employee to compete in
an open labor market.
(8) Where an injury causes both temporary and permanent disability, the
injured employee shall not be entitled to both a temporary and permanent
disability payment, but only to the- greater of the two.
(0)
The following permanent disabilities shall be conclusively presumed to
be total in character: Loss of both eyes ur the sight Thereof; Jo.-rs of boi.ii
hands or the use thereof: an injury resulting in a practically total paraly^i*;
an injury to the brain resulting in incurable imbecility or insanity. In ail
other cases, permanent total disability shall be determined in accordance with
the fact.
(10) The percentage of permanent disability caused by any injury shall be
so computed as to cover the permanent disability caused by that particular
injury without reference to any injury previously suffered or any permanent
disability caused thereby.
(11) The commission may prepare, adopt, and from time to time amend,
a schedule for the determination of the percentages of permanent disabilities,
such table to be based upon the proper combinations of the factors lndi<*aied
in subdivision seven above. Such schedule shall be available for public in
spection and without formal introduction in evidence shall be prirna facie
evidence of the percentage of permanent disability to be attributed to each
injury covered by said schedule.
The death of an injured employee shall not affect the liability of the
employer under subsections (a) and (l>) of this section, so far as suel. liability
lias accrued and become payable at the date of the death, and any accrued
and unpaid compensation shall be paid to the dependents, if auy, or, if there
are no dependents, to the personal representative of the deceased employ*';?
or heirs or other persons entitled thereto, without administration, but *ueh
death shall be deemed to be the termination of the disability.
l&) If the injury causes death, either with or without disability, the burial
expense of the decensed employee as hereinafter limited and a death benefit
which shall be payable in installments equal to 05 per cent of the average
weekly earnlugn of the deceased employee, upon the employer's regular pay
day, but not less frequently than twice in each calendar month, unless other
wise ordered by the commission, which death benefit shall be as follows:
(1 > In case the deceased employee leaves a person or persons wholly depend
ent upon him for support, such dependents shall be allowed the reasonable
expense of his burial, not exceeding $150, and a death benefit, which shall be
a sum sufficient, when added to the disability indemnity which at the time of
death has accrued and become payable, under the provisions of subsection (b)
hereof, and the said burial expense, to make the total disability indemnity,
cost of burial and death benefit equal to three times his average annual earn
ings, such average annual earnings to be taken at not less than $333.33 nor
more than $1,660.06.
(2)
In case the deceased employee leaves no person wholly dependent upon
him for support, but one or more persons partially dependent therefor, the
said dependents shall be allowed the reasonable expense of his burial, not
110
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
to exceed $150, and in addition thereto, a death benefit which shall amount
to three times the annual amount devoted by the deceased to the support of the
person or persons so partially dependent: Provided, That the death beneAt
shall not be greater than the sum sufficient, when added to tlu? disability
indemnity which, at the time of the death, has accrued and become payable
under the provisions of subsection (ft) hereof, together with the cost of the
burial of such deceased employee, to make the total disability indemnity,
cost of burial and death benefit equal to three times his average annual earn
ings, such average annual earnings to be taken at not less than $333.33 nor
more than $1,066.66.
(3)
If the deceased employee leaves no person dependent upon him for
support, the employer shall be liable for the reasonable expense of his burial,
not exceeding $150 and such other benefit as may be provided by law.
(d) Payment of compensation in accordance with the order and direction
of the commission shall discharge the employer from all claims therefor.
Sec. 10 (1917, ch. 586). Employers’ hospitals.— [Hospitals maintained by
employers or by mutual associations of employees for the treatment of injuries
coming within the provisions of this act are subject to inspection by the com
mission. No contributions or deductions from employees’ wages for the main
tenance of hospital facilities may be used to pay any part of the compensation
provided by this act; but hospital associations may supply the treatment
required by the act free of charge. Such hospitals must report on demand and
at least once a year as to their operations, and may be declared inadequate and
other treatment required.]
Sec. 11 (1017, ch. 586). Claims.— (« ) Unless compensation is paid or an
agreement for its payment made within the time limited in this section for the
institution of proceedings for its collection, the right to Institute such proceed
ings shall be barred: Provided, That the filing of an application with the com
mission for any portion of the benefits prescribed by this act shall render this
section inoperative as to all further claims of any person or persons for com
pensation arising from the same transaction, and the right to present such
further claims shall be governed by the provisions of section 20 ( d) and sec
tion 65 (ft) of this act.
(ft) The periods within which proceedings for the collection of compensation
may be commenced are as follows:
(1) Proceedings for the collection of the benefit provided by subsection (a)
of section 0 or for the collection of the disability payment provided by subsec
tion (ft) of said section 9 must be commenced within six months from the date
of the injury, except as otherwise provided in this act.
(2) Proceedings for the collection of the death benefit provided by subsec
tion (o) of said sec*ion 9 must be commenced within one year from the date of
death, and in any event within 240 weeks from the date of the injury, and can
only be maintained when it appears that death ensued within one year from
the date of the injury, or that the injury causing death also caused disability
which continued to the date of the death and for which a disability payment
was made, or an agreement for its payment made, or proceedings for its collec
tion commenced within the time limited for the commencement of proceedings
for the recovery of the disability payment.
(o)
The payment of compensation, or any part thereof, or agreement there
for, shall have the effect of extending the period within which proceedings for
its collections may be commenced, six months from the date of the agreement
or last payment of such compensation, or any part thereof, or the expiration
of the period covered by any such payment: Provided, hoiccver, That nothing
contained in this section shall be construed to bar the right of any injured
employee to institute proceedings for the collection of compensation within
245 weeks after the date of the injury upon the grounds that the original
injury has caused new and further disability; aud the jurisdiction of the com
mission, in such cases, shall be a continuing jurisdiction at all times within
such period: Provided further, That the provisions of this section shall not
apply to an employee who is totally disabled and bedridden as a result of his
injury, during the continuance of such condition or until the expiration of six
months thereafter.
(d)
If an injured employee, or in the case of his death, one or more of his
dependents, shall be under 21 years of age 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 sucli
TEXT OF LAWS— CALIFORNIA
111
person, claim and exercise any such right or privilege 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 person under 21 years of nge or incompetent
unless and until such guardian or trustee is appointed. The commission shall
have power to determine the fact of the minority or incompetency of any
injured employee and may appoint a trustee to receive and disburse compensa
tion payments for the benefit of such minor or incompetent and his family.
(e) No compensation shall be payable in case of the death or disability of
an employee if his death is caused, or if and so far as his 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, based upon expert medical or surgical advice, inconsider
able in view of the seriousness of lhe injury.
(f) The fact that an employee has suffered a previous disability, or re
ceives compensation therefor, shall not preclude him from compensation for
a later injury, or his dependents from compensation for death resulting there
from, 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.
(y) Any payment, allowance, or benefit received by the injured employee
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 construed to be an admission of
liability for compensation ou the part of the employer, or the acceptance
thereof as a waiver of any right or claim which the employee or his dependents
may have against the employer, but any such payment, allowance, or benefit
may be taken into account by the commission in fixing the amount of the com
pensation to be paid.
(h) The running of the period of limitations prescribed by this section is
an affirmative defense and operates to bar the remedy and not to extinguish
the right of the employee. It may be waived, and failure to present such
defense prior to the submission of the cause for decision shall be a sufficient
waiver.
Sec. 12. (3017, ch. 586). Aver aye earnings.— (a) The average annual earn
ings referred lo in section 9 hereof shall be fifty-two times the average weekly
earnings referred to in said section; in computing such earnings the average
weekly earnings shall be taken at not less than $6.41 nor more than $32.05,
and three; times the average annual earnings shall be taken at not less than
$1,000 nor more than $5,000, and between said limits said average weekly
earnings 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 at least 260 days of the year preceding
his injury his average weekly earnings shall consist of 95 per cent of six times
the daily earnings at the time of such injury where the employment is for
six full working-days » week. Where his employment is for five, five and
one-half, six and one-lialf, or seven working-days a week the average weekly
earnings shall be 95 per cent of five, live and one-half, six and one-half, or
seven times the daily earnings at the time of the injury, as the case may be.
(2) If the injured employee has not so worked in such employment during
at least 260 days of such preceding year, his average weekly earnings shall be
based upon the daily earnings, wnge, or salary of an employee of the same
class working at least 260 days of such preceding year in the same or a
similar kind of employment in the same or a neighboring place, computed in
accordance with the provisions of the preceding subdivision.
(8) If the earnings be irregular or specified to be by the week, month, or
other period, then the average weekly earnings mentioned in subdivisions
(1) and (2) above shall be 95 per cent of the average earnings during such
period of time, not exceeding one year, as may conveniently be taken to de
termine an average weekly rate of pay.
(4)
Where the employment is for less than five days per week or is sea
sonal or where for any reason the foregoing methods of arriving at the
average weekly earnings of the injured employee can not reasonably and fairly
be applied, such average weekly earnings shall be taken at 95 per cent of
such sum as shall reasonably represent the average weekly earning capacity
112
w o r k m e n ’s
COMPENSATION IAWS— UNITED STATES
of the injured employee at the time of his injury, due consideration being
given to his actual earnings from all sources and employments during the
year preceding his injury: Provided, That the earnings from other occupa
tions shall not be allowed iu excess of the rate of wages paid at the time
of the injury.
(o> in determining such average weekly earnings, there shall be included
overiime and the market value of board, lodging, fuel, and other advantages
received by the injured employee as part of his remuneration which can be
estimated in money, but such average weekly earnings shall not iuclude any
sum which the employer may pay to the injured employee to cover any special
excuses entailed ou him by the nature of his employment.
(<•) If the injured employee is under 21 years of age and his incapacity is
permanent his average weekly earnings shall be deemed, within* the Ihnits
fixed, to be the weekly sum that under ordinary circumstances he would probabi; be able to earn after attaining the age of 21 years in the occupation in
which he was employed at the time of tiie injury or in any occupation io
which he would reasonably have been promoted if he had not been injured,
and if such probable earnings after attaining the age of 21 years can not
reasonably be determined, such average weekly earnings shall be based upon
S3 a day for a 6-day week.
LSt:c. 18 (3917, cli. 580). Waye loan.—The weekly loss in wages ii* case
of temporary partial disability shall consist of the difference herween the
average weekly earnings of the injured employee, computed according to the
provisions of section 9, and the weekly amount which i lie injured employee
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 given ro the ability of the injured employee to compete
in an open labor market. If evidence of exact loss of earnings be lacking,
such weekly loss in wages may he compiled from the proportionate loss of
physical ability or earning power caused by the injury.
tfEt. 1*1 ‘ 11)J7, cli. 5m:». as amended 191*?, ch. 471). Dependent*.—(a) The
following shall be conclusively presumed to be wholly dependent for
suj.porl upon a deceased employee: Provided, That these presumptions shall
not apply in favor of aliens who are nonresidents of the United States at
the time of the injury:
i.l) A wife upon a husband with whom she was living at the time of bis
injury or for whose support such husband was legally liable at the time
of his injury.
(2)
A child or children under the age of 18 years, or over said age. but
physically or mentally incapacitated from earning, upon the parent wicli
whom he or they are living at the time of the injury of such parent or for
whose maintenance such pareut was legally liable at the time of injury, there
being no surviving dependent parent.
lb) In all other cases, questions of entire or partial dependency and ques
tions 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 injury of the employee.
<c) No person shall be considered a dependent of any deceased employee
unless in good faith a member of the family or household of such employee,
or unless such person bears to such employee the relation of husband or wife,
child, xK>sthumous child, adopted child or stepchild, father or mother, father-inlaw or mother-in-law, grandfather or grandmother, brother or sister, uncle or
aunt, brother-in-law or sister-in-law, nephew or niece.
<(I) 1. If there is one or more persons wholly dependent for support upon a
deceased employee, such person or persons shall receive the entire death benefit,
and any jwnson or persons partially dependent snail receive no part thereof.
2. If there is more than one such person wholly dependent for support upon
a deceased employee, the death benefit shall be divided equally among them.
3. If there is more than one person partially dependent for support upon a
deceased employee, and no person wholly dependent for support, the amount
allowed as a death benefit shall be divided among the persons so partially
dependent in proportion to the relative extent of their dependency.
tcj The commission may, anything in this act contained to the contrary not
withstanding, set apart or reassign the death benefit to any one or more of the
dependents in accordance with their respective needs and as may he just and
equitable, and may order payment to a dependent subsequent in right, or not
iTEXT OF LAWS— CALTFORXIA
113
otherwise entitled, upon good cause being shown therefor. Such death benefit
shall be paid to such one or more of the dependents 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. The per
son 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 com
mission. In the event of the death of a dependent beneficiary of auy deceased
employee, if there be no surviving dependent, the death of such dei>endenl shall
terminate the death benefit, which shall not survive to the estate of su'-h de
ceased dependent, except that payments of such death benefit accrued anu pay
able at the time of the death of such sole remaining dependent shall be paid
upon the order of the commission to the heirs ot* such dependent or. if none. i.t»
the heirs of the deceased employee, without administration.
Sec. 15 (1017, ch. 580). Aotice of injury.—No claim to recover compensation
under this act shall be maintained unless within 30 days after the occurrence
of rhe injury which is claimed to have caused the disability or death, notice in
writing, stating the name and the address of the person injured, the time and
the place where the injury occurred, and the nature of the injury, and algned
by the person injured or some one in his behalf, or, in case of his death, by a
dependent or some one in his behalf, shall be served upon the employer:
Provided, however, That knowledge of such injury, obtained from auy source,
on the part of such employer, his managing agent, superintendent, foremau. or
oilier person in authority, or knowledge of the assertion of a claim of injury
suilicicnt to afford opportunity to the employer to make an investigation iiuo
the facts, shall be equivalent to such service: And provided further, That the
failure to give any such notice, or any defect or inaccuracy therein, shall not he
a bar to recovery under this act if it is found as a fact in the proceedings Tor
the collection of the claim that there was no intention to mislead or prejudice
the employer in makiug his defense and that he was not in fact so misled or
prei\idiced thereby.
Sko. 16 (1917, ch. 586). Mvdical examination.— [Employees entitled to com
pensation under this act mu:t Mibmifc to medical examination at reasonable
time, on request of the employer, or under the direction of the commission.
The employee may also have u physician present. Refusal or obstruction sus
pends the right to be^in or maintain proceeding.-: for the collection of o.nnpensation; and if the commission has directed the examination, payments ac
cruing during the period of such refusal or obstruction are barred, IMiy^icb.ns
making, or present at, such examinations may be required to testify as to the
results.]
Skos. 17 (1917, ch. 586, as amended 1919, ch. 471) ; 18 (1917, ch. 586, as
amended 1928, ch. 197) ; 19-23 (1917, ch. 586). Procedure.—[These s c io n s
prescribe the forms of hearings, the jurisdiction of the commission, declare
the right of a claimant to proceed against the estate of an employer in the
event of his death, provide for attachments to issue on application of a
claimant, in the discretion of the commission, etc. Formal pleadings are not
required; appearance may be in person or by au agent or attorney; cases may
be submitted on a basis of stipulated facts: the nature of evidence that may
be received is set forth; and the burden of proof is declared to iie on the party
holding the affirmative of an issue, and specifically where an employer claims
that the injured person was an independent contractor or otherwise outside
the act if he was at the time actually performing service for the alleged %mployer, or where intoxication, willful misconduct, aggravation of the Injury
by unreasonable conduct of the employee, or prejudice by failure to give the
required notice is offered as a defense. Autopsies may be ordered on a proper
representation.
Findings and award must be made in 30 days after final hearings. Juris
diction is continuing, and orders may, on proper notice and opportunity for
hearing, be rescinded, altered, or amended as good cause therefor may ap
pear. A certified copy of findings and award may be filed with a clerk of
court and constitute a judgment roll. Stay of execution may be allowed by
the commission or a member for good cause, and orders, awards, etc., are subjeer to review by the courts as specified in sections 67, 68. No fees are allowed
except for docketing and for certified copies of transcripts of awards as
judgments. Costs are in the discretion of the commission; if benefits have
been unreasonably delayed, the beneficiary may be allowed interest not ex
ceeding IV2 per cent per month during the period of delay.]
114
WORKMEN'S COMPENSATION LAWS— UNITED STATES
S ec . 24 (1917, ch. 580, a s » mended, 1919, ch. 471; 1923, ch. 881; 1925, ch.
255). Assignments; status of claims, etc.— (a) No claim for compensation shall
be assignable before payment, but this provision shall not affect the survival
thereof, nor shall any claim for compensation, or compensation awarded, ad
judged, or paid, be subject to be taken for the? debts of the party entitled to
such compensation, except as hereinafter provided. No compensation, whether
awarded or voluntarily paid, shall be paid to any attorney at law, or in fact,
or other agent, but shall be paid directly to the claimant entitled to the same,
unless otherwise ordered by the commission. Any payment made to such at
torney at law or in fact or other agent in violation of the provisions of this
section shall not bo credited 1o the employer.
[Other subsections authorize a lien against an award for a reasonable attor
ney’s fee, medical, etc., benefits, living expenses of the injured employee or his
dependents, burial expenses not above $150, and reasonable living expenses of
a desorted or neglected wife or minor children or both, subsequent to the in
jury; prescribe procedure as to such lien claims, limit legal and mcdical
charges thus enforceable to an amount declared reasonable by the commission,
authorize the exclusion of other representatives of claimants than recognized
attorneys at law, and give compensation claims find awards the same prefer
ence as is allowed claims for wages.]
Sec. 25 (19.17, ch. 580). Liability of principal and contracting employers.—
[This section undertook to give employees of contractors and subcontractors
recour.se to the principal employer in cases of injury occurring on the premises
of the latter or under his control uuless the immediate employer maintained
full compensation insurance; or proceedings might be against both the im
mediate employer and such principal, but payment in whole or in part by
either to that extent barred recovery against the other. It was declared
unconstitutional in so far as it attempted to award compensation against a
third person, not the employer of the injured employee (Pacific Gas & Electric
Co. v. Ind. Ac. Com. (1919), 180 Calif. 497, 181 Pae. 788).]
Sec. 26 (1917. ch. 586, as amended 1919, ch. 471). Injuries by third parties.—
The term ‘ employee,*' as used in this section, shall include the person injured
and any other person in whom a claim may arise by reason of the injury or
death of such injured person. The death of the employee, or of any other
person, shall not abate any right of action established by ihis section. The
claim of an employee for compensation shall not. affect his right of action for
damages arising out of injury or death against any person other than the
employer; and any employer having paid, or having become obligated to pay,
compensation, may likewise bring an action against such other i>erson to re
cover said damages. If either such employee or such employer shall bring
such action against such third person, he shall forthwith notify the other in
writing, by personal service or registered mail, of such fact and of the name of
the court in which such suit is brought, filing proof thereof in such action, and
if the action be brou/cht by either, the other may, at any time before trial on
the facts, join as party plaintiff or must consolidate his action, if brought
independently. If the suit be prosecuted by the employer alone evidence of
any expenditures which the employer has paid or become obligated to pay
by raison of said injury or death shall be admissible, and such expenditures
shall be deemed a part of the damages, including a reasonable attorney’s fee
to be fixed by the court; and if in such suit the employer shall recover more
than the amount he has paid or become obligated to pay as compensation he
shall pay the excess to the injured employee or other person entitled. If the
employee joius in or prosecutes such suit, evidence of the amount of disability
indemnity or death benefit paid by the employer shall not be admissible, but
proof of all other expenditures on account of said injury or death shall be
admissible and shall be deemed part of the damages. The court shall, on
application, allow as a first lien against any judgment recovered by the em
ployee the amount of the employer's expenditures for compensation. When
any injury or death shall have been suffered by an employee, no release or
settlement of any claim for damages by reason of such injury or death and no
satisfaction of judgment in such proceedings, shall be valid without the writ
ten consent of either both employer and employee, or one of them, together
with the consent of the commission or the court in which any such action
may be pending.
Sec. 27 (1917, ch. 586, as amended 1923, ch. 379). Waivers; compromises.—
[Contracts or rules exempting employers from the obligations of this act are
forbidden, but this does not prevent releases or compromises that provide for
TEXT OF LAWS— CALIFORNIA
116
full payment according to this act, or that are approved by the commission.
The agreement must stipulate its terms in detail and be duly executed and
attested.]
Sec. 28 (1917, ch. 586). Lump sums.— (a) At the time of making its award,
or at any time thereafter, the commission, on its own motion, either with or
without notice, 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 compensation paid forthwith or at some future time.
(b) The amount of the commuted payment shall be determined in accord
ance with the following provisions:
(1) If the injury causes temporary disability, the commission shall esti
mate the probable duration thereof and the probable amount of the temporary
disability payments therefor, in accordance with the provisions of section 9
hereof, and shall fix the lump sum payment at such amount so determined.
(2) If the injury causes permanent disability or death, the commission shall
fix the total amount of the permanent disability payment or death benefit
]>ayable therefor in accordance with the provisions of said section 9 and shall
estimate the present value thereof, assuming interest at the rate of 6 per cent
per annum, disregarding the probability of the beneficiary’s death in all cases
except where the percentage of permanent disability is such as to entitle the
beneficiary to a life pension, and then taking into consideration the probability
of the beueficiary’s death only in estimating the present value of such life
pension.
(c) The commission in its discretion may order the lump sum payment,
determined as hereinbefore provided, paid directly to the injured employee
or his dependents or deposited with any savings bank or trust company author
ized to transact business in this State that will agree to accept the same as
a deposit bearing interest, or the commission may order the same deposited with
the State compensation insurance fund. Any such amount so deposited, to
gether with all interest derived therefrom, shall thereafter be held in trust i'or
the injured employee or, in the event of his death, for his dependents, and
the latter 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 time as fixed by 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
payment, the employer shall present to the commission a proper receipt evidenc
ing the same, executed either by the injured employee or his dependents, or by
the trustee, and the commission shall thereupon issue its certificate in proper
form evidencing the same, and such certificate, 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.
{d) The commission may, where the employer is uninsured and the pay
ments of compensation awarded are to be paid for a considerable time in the
future, determine the present worth of said future payments, discounted at the
rate of 3 per cent per annum, and order the said present worth paid into
the State compensation insurance fund, which fund shall thereafter pay to the
beneficiaries of said award the future payments as they become due.
Sec. 29 (19.17, ch. 586, as amended 1919, ch. 47.1; 1925, ch. 800). Security of
payments.— [Employers except the State and its subdivisions and institutions
must secure the payment of compensation by insurance with an authorized
insurance carrier, or by obtaining from the commission a certificate permitting
self-insurance, in which ease a bond or securities may be required. Such cer
tificate may be revoked at any time for good cause shown.
Failure to secure the payment of compensation is a misdemeanor. The em
ployee may submit a claim under the act and may also sue such employer for
damages the same as if the act did not apply, and is thereupon entitled to an
attachment, in an amount fixed by the court, to secure the payment of any
judgment that may be obtained, to include also a reasonable attorney's fee.
116
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
]£ damages exceed the compensation award, such award shall he credited on
the judgment. In such action it will be presumed that the injury grew out
of the negligence of the employer, and the common-law defenses are barred.]
S e c s . 30. 31 (1017, ch. 586). Insurance.— [Insurance in mutual and other
companies Is permitted, but nothing may be received or taken from the earn
ings of any employee to cover the cost of compensation under this act; nor
may the liability therefor be reduced by reason of any insurance or other
benefit receivable by any person entitled to compensation. But the payment of
all or any part of the compensation provided for by the act by either the
employer or the insurer will to that extent relieve the other.
Policies must contain a provision for direct and primary liability to the em
ployee or his dependents, and that notice, knowledge, and jurisdiction of the
employer are binding on the insurer, as are also awards rendered against the
employer: also that the employee has a first lien on payments to the employer,
and if the employer is legally incapacitated to receive payments they shall be
paid directly to the beneficiary, the insolvency of the employer not relieving
the insurer for liabilities accruing during the period the policy remains in
operation.
Acceptance by the insurer of the liability to compensation arising out of an
Injury received relieves the employer of such liability, but the substitution does
not abate proceedings in respect of any claim instituted. If the insurer has
assumed or met the liabilities of an employer under the act, it is subrogated to
all rhe rights and duties of such employer, and may enforce the same in its
own name.
If any policy contains any limitation as to the compensation payable, it
shall be so stated in the policy, in bold-faced type, the words, “ limited compen
sation policy ” to be also printed on the top of the policy. No policy shall
protect the employer against the liability existing under the provisions of
section 8(6 ).]
S ec. 82 (1917, ch. 58G). State fund unaffected.—Nothing contained in rhis act
shall be taken or construed to limit, interfere with, disturb, or render ineffec
tive in any degree, the creation, existence, organization, control, management,
contracts, rights, powers, duties, and liabilities of the State compensation insur
ance fund, but all such matters and things are hereby expressly confirmed,
saved, and continued.
Sko. 36 (1913, ch. 176, as amended 1915, ch. 607). Creation of State fund.—
There is hereby created and established a fund to be known as the “ State
compensation Insurance fund,” to be administered by the industrial accident
commission of the State, without liability on the part of the State beyond the
amount of said fund, for the purpose of insuring employers against liability
for compensation under this act and against the expense of defending any suit
for damages under the optional provisions of section 12 hereof (subdivision
ft), and insuring to employees and other persons the compensation fixed by this
act for employees and their dependents.
S eo. 37 (.1913, ch. 176, as amended 1915, ch. 607). State insurance fund.—
(er) The State compensation insurance fund shall be a 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 compensation 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 ac
count of insurance and to the payment of the salaries and other expenses to
be charged against said fund in accordance with the provisions contained in
this act.
(c ) Said fund shall, after a reasonable time during which it may establish a
business, bo 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. In order that the State compensation insurance
fund shall ultimately become neither more nor less than self-support lug, the
actual loss experience and expense of the fund shall be ascertained on or about
the 1st of January in each year for the year preceding, and should it then be
shown that there exists an excess of assets over liabilities, such liabilities to
include the necessary reserves, and a reasonable surplus for the catastrophe
hazard, then, in the discretion of the commission, a cash dividend shall be
TEXT OF LAWS— CALIFORNIA.
117
declared to, or a credit allowed on the renewal premium of each employer who
has been insured with the fund, sueh cash dividend or credit to be such an
amount to which, as in the discretion of the commission, such employer may
be entitled as the employer's proportion of divisible surplus.
Sec. 38 (J918, <*h.
Power* of commix*ion.— (a) The commission is
hereby vested with full power, authority and jurisdiction over the Slate com*
pensation insurance fund and may do and perform any and all things whether
herein specifically designated, or in addition thereto, which are necessary op
coincident in the exercise of any power, authority or jurisdiction over said
fund in the administration thereof, or in connection with the insurance business
to be carried on by it under the provisions of this act, as fully rind completely
as the governing body of a private insurance carrier might or could do.
(b) The commission shall have full power and authority, and ic shall be
its duty, to fix and determine the rates to be charged by the State compensa
tion 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 ihai name, without any other mime or title, the comml.ttion 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,
manwMuenr or conduct o f the bJisine.'.* o r affairs relating therein.
(2) Make and enter into contract# of insurance as herein provided, and such
other contracts or obligations relating to the State compensation insurance fuud
as are authorized or permitted under the provisions of this act.
(3) Invest and reinvest the moneys belonging to said fund as hereinafter
provided.
(4) Conduct all business and affairs, relating to the State compensation in
surance fund, whether herein specifically designated or in addition Thereto,
(c) The commission may delegate i.o the manager of the State compensa
tion insurance fund, or to any other ofiVer, 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 commissi*.u under
the provisions of this act in connection with the State compensation insurance
fund, the administration, management and conduct of the business and a'Tuirs
relating thereto, and the officer or officers to whom such delegation is made
n11*.v exercise tho powers and functions and perform rhe duties delegated with
the seme force and cffect as the commission, but subject to its approval.
(d) The commission shall nor., nor shall any commissioner, officer or employee
thereof, be personally liable In his private capacity for or on account of any
act perfoim* d 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 in
surance fund, its business or other affairs relating thereto.
Skc. 5JI) (1913. eh. 176). Power* of nwnayer.—In conducting Ilie business
and affniis of the State compensation insurance fund, the manager of the said
fund or other officer to whom such power and authority may be deleiraled by
the commission, as provided by subsection (c) of section
thereof, shall have
full power and authority:
O)
To enter into contracts of insurance, insuring employers against lia
bility for compensation and insuring to employees and other persons the com
pensation fixed by this act.
(2) To sell annuities covering compensation benefits.
(3) To decline to insure any risk in which tho minimum requirements 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 ten
dered 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 compensation.
(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 compensa
tion are to be made.
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w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
(7) To contract witli physicians, surgeons, and hospitals for medical and
surgical treatment and the care and nursing of injured person* entitled to
benefits from said fund.
Sec. 40 (1917, ch. 176). Rates, hoiv fixed.— (a) It shall be the duty of the
commission to fix and determine the rate** to be charged hy the State com
pensation insurance 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 far as practi
cable, 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
name is conducted, together witli a reasonable 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 which the
employees in any particular 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 em
ployer which, in the long run and on the average, shall produce a sufficient
sum, when invested at 8% per cent interest:
(1) To carry ail 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;
(8) To produce a reasonable surplus to cover the catastrophe hazard.
S ec. 41 (1913. ch. 376). Forms of policy.—The insurance contracts entered
into between the State 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 than 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 contract:
Provided, That the rates charged 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 prevent any person applying for com
pensation insurance from being covered temporarily until the application is
finally acted upon, or to prevent the insured from surrendering any policy at
any time and having 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.
Sko. 42 (1913, ch. 176). Who may be insured.—The State compensation in
surance fund may issue policies, including with their employees, employers who
perform labor incidental to their occupations, and including also members of the
families of such employers engaged in the same occupation, such policies in
suring 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, respectively, 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 selfemploying persons and to casual employees, who, for the purpose of such in
surance, shall bo deemed to be employees within the meaning of sections 12 to
So. inclusive, of this act.
Skcs. 43-45 (1913, ch. 176). Custody of fund: invcxhnents.— [The treasurer
of the State is custodian of the fund, liable under his official bond for its
safe-keeping. No part of the fund may bo disbursed without first passing into
the State treasury, and being drawn therefrom. Monthly estimates of ex
penditures are to bo submitted by the commission to the State hoard of control,
and if approved, the controller draws his warrant therefor on the fund.
Monthly accounts are to be rendered, and semiannual valuations are required
of all properties and securities held. Moneys in excess of current requirments
are to be invested in authorized securities, or deposited in banks authorized
to receive State deposits.]
Secs. 46. 47 (3933, ch. 176, as amended, 1915, ch. 607). Municipalities.—
FCities, counties and other public or quasi-public corporations may insure only
in the State fund unless refused by it, and premiums therefor are a proper
charge against their general funds. When the premium rates have been estab*
TEXT OP LAWS— CALIFORNIA
119
lislied, the commission is to inform the proper officials thereof, and they shall
then make application for insurance in the fund, and transmit the premiums.]
Sec. 48 (1913, ch. 176). Reports.— [The commission is to make quarterly
reports to the governor of the business, assets and liabilities of the fund,
which reports are to be audited and published one or more times in at least
t:\vo newspapers of general circulation in the State.]
S ec. 49 (1913, ch. 176). Misrepresenting pan roll.—Any employer who shall
willfully misrepresent the amount of the pay roll 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 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 compensa
tion insurance fund and any amount so collected shall become a part of said
fund.
S ec . 50 (1913, ch. 176). Fraud.—Any person who willfully misrepresents any
fact in order to obtain insurance at less than the proper rate for such insurance,
or in order to obtain any payments out of such fund, shall be guilty of a misde
meanor.
[ Here follow sections 33 to 54 of chapter 586, Acts o f 1917. They relate to safety provjHlonst. inspections, accident reporting and investigation, and are printed in Bulletin
Xo. 370, Labor Laws of the United StaU*. pp. 214-219.1
S ecs . 55-66 (1917, ch. 586). Procedure.— [Injuries covered by the act are
within the exclusive jurisdiction of the industrial commission, subject only
to reveiw by the courts as provided herein. Notices, orders or decisions may be
served in accordance with the provisions of the Code of Civil Procedure, and
the secretary, assistant secretaries and inspectors appointed by the commis
sion have power as to arrests and warrants conferred by law upon peace
officers. The commission has full power and authority to establish its own
rules of practice and procedure, to provide for the appearance and representa
tion of minors and incompetents, to regulate and prescribe the nature and
extent of proofs and evidence, regulate notices, provide for joinder of parties,
etc. It has jurisdiction over all controversies arising out of injuries suffered
outside of the State where the contract of hire was made within the State.
(The act limited this provision to employees resident of the State at the time
of the injury, but this limitation was held unconstitutional as discriminating
between citizens of that State and other States. Quod? Ham Wah Co. v. Ind.
Ac. Com. (1920), 184 Cal. 26, 192 Pac. 1021.}
Applications may be referred to referees b> agreement ol the parties, on
application of either, or on motion of the commission; but a party may object
to the appointment of any person as referee on grounds specified in the Code
of Civil Procedure, and such objection must be heard and disposed of by the
commission. Referees are to have the powers and jurisdiction granted under
the lav/ and by the rules of the commission, and must report separately on
facts found and conclusions of law within 15 days after the testimony is closed *,
or they may be required to hold hearings and make return of testimony only.
Hearings are to be had in accordance with the rules adopted by the commis
sion, and are not bound by the common law or statutory rules of evidence and
procedure, but may follow methods best calculated to ascertain the substantial
rights of the parties and carry out justly the spirit and provisions of the act.
Depositions may be procured either within or without the State, witnesses sub
poenaed, oaths administered, etc. The local superior court has power to compel
the attendance of witnesses, the giving of testimony, and the production of
papers, books, accounts and documents. It may also issue orders relative to
contempts at the instance of the commission, ltehearings are provided for on
motion of a party affected by any final order, award, rule, etc., on compliance
with the specified requirements. A verified statement, must be made and served
on all adverse parties, who may file an answer within 10 days thereafter. The
commission may on such rehearing abrogate, change or modify the objectionable
award or order, but unless the application for rehearing is acted upon within
30 days from the date of filing it will be deemed to have been denied, though
an extension may be allowed for good cause shown. Application for rehearing
must be filed within 20 days after the service of the final order or decision,
objected to, and may be based on the grounds that the commission acted with
out or in excess of its powers, that the order or award was procured by fraud,
that the evidence does not justify the findings of fact, that new and material
evidence has been discovered, not with reasonable diligence discoverable by the
120
WORKMEN'S COMPENSATION LAWS— UNITED STATES
applicant at the time of the hearing, or that the findings of fact do not support
the order, decision or award.]
S k c s . 67, 68 (3917, ch. 586). Appeals to court.— [Within 30 days after denial
of rehearing or a rendition of the decision on a rehearing a party affected may
appeal to the appellate or supreme court of the State for a writ of certiorari
or review to secure a determination of the lawfulness of the original decision
or award. Such review is limited to a determination of whether or not the
commission acted in excess of its powers, whether the order or award was
secured by fraud, was unreasonable, or whether findings of fact made support
the order, decision, or award under review. Findings and conclusions of the
commission on questions of fact are not subject to review.
The filing of an application for rehearing stays proceedings, unless other
wise ordered by the commission, for a period of 10 days, and further stay or
suspension may be allowed duriug the pendency of the rehearing: but the filing
of an application for a writ of review, or the pendency of such writ does not
of itself stay or suspend the operation of the law. though such suspension may
be allowed in the discretion of the court on terms prescribed by it. However,
a written undertaking must be executed by the iietitioner, with sureties, to
secure the payment of the award, order, or judgment or such part thereof as
is affirmed, with all damages- and costs. The provisions of the Code of Civil
Procedure not inconsistent with this act are applicable to this undertaking.}
Skc. 09 (1917, ch. 586). (Jomtruciion of act.— (a) Whenever this act, or any
pan or section thereof, is interpreted by a court, it shall be liberally construed
by such court with the purpose of extending the benefits of the act for the
protection of persons injured in the course of their employment.
( h) If any section, subsection, subdivision, sentence, clause, or phrase of this
act is for any reasou held to be unconstitutional, such decision shall not affect
the validity of the remaining portions of this act. The legislature hereby de
clares that it would have passed this act, and each section, subsection, subdi
vision, sentence, clause, or phrase thereof, irrespective of the fact that any one
or more sections, subsections, subdivisions, sentences, clauses, or phrases is
declared - unconstitutional.
(a)
This act shall not be construed to apply to employers or employments
which, according to law. are so engaged in interstate commerce as wot to be
subject to the legislative power of the State, or to employees injured while
they 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.
Skc. 70 (1917, ch. 586). Excluded employments.— [Employers of employees
not entitled to compensation under this act may, by joint election, come within
Its provisions. Such election is made by the employer by writing filed with
the commission, valid for one year and for succeeding years unless withdrawn
at least 60 days prior to the termination of any year. Election by the employees
of an electing employer is presumed in the ahseuce of written notice to the
employer to the contrary.
The State and its subdivisions and institutions are conclusively presumed to
have elected to come wirbin the provisions of the net as to all employments
otherwise excluded therefrom. J
S kc . 88 (1913, ch. 176). Reports.— [The commission is required to m ake
annual reports of its operations, with such recommendations as it may deem
of value, the report to be printed and furnished to applicants within the State.]
COLORADO
ACTS OF 1915
C hapter
180.—Industrial commission
Section 5. Commission created.—There la hereby created a board which shail
be known as the “ Industrial Coin mission of Colorado/' Within 30 days after
the passage of this act the governor, by and with the consent. o€ the senate,
shall appoint one member whose term of office shall expire March 1, 1917; a
second member whose term of office shall expire March 1, 1919; and a third
member whose term of office shall expire March 1, 1921. Upon the ex pi ra
tion of each appointment the governor shall appoint meml>ers of the commis
sion, by and with the advice and consent of the senate, for terms of .six
years each. Vacancies shall be filled in the same manner for unexpired terms.
Not more than two of the commissioners shall be members of the samo
political party. Not more than one of the appoint?'1* to such commission -i, ni
be a person who, on account of ills piovioux tuCflUuii, ejii(ilo,»iuoiii. or Hii-n-itions, can be classed as a representative of employers, and not more than one
of such appointees shail be a person who, on account of his previous vocation,
employment, or affiliations, can he classed as a representative of eniplo\oes.
Each member of the commission, before entering upon the duties of ills
office, shall take the oath prescrib'd ;>y ihe constitution, and shall give Rond
and sufficient bond running to the pcopie of ihe Stare of Colorado, in ?he
penal sum of $10,000. conditioned that he shall faithfully discharge the d^k-s
of his office and shall account for and pay over to the person entitled thereto
such moneys as shall come into his possession; said bond shall he stoned »»y
a surety company only authorized to do business in this State or !> y iw> or
more individuals as surety or suteties' and shall ije suujcc*. «:o approval :>y
the {.governor and shall then be filed wi*h *in* secretary of slate. If surely
company bonds shall be furnished, the premium therefor shall be paid by the
State as other expenses of the commission are paid. In case of a vacancy
the remaining two members of the commission shall exercise all the powers
and authority of the commission until such vacancy is tilled. Each member
of the commission shall receive an annual salary of not to exceed $4,(tf>0 a?vi
actual expen.^s necessarily incurred In tr-- performance o’ isis duties. whu:ii
shall be in full for all services performed. The commissioners shall :.:»vo?e
their entire time to the duties of their office.
A majority of said commissioners shall constitute a quorum to trausnct
business and for the exercise of any of the powers or authority conferred
by this act.
ACTS OF 19.19
C hapter
210.—Compensation of workmen for injury
S ection 1. Title.—This act shall be known and may be cited as
Workmen’s
Compensation Act of Colorado/'
Sec. 2. Administration.—The industrial commission of Colorado, created by
the act of the General Assembly of Colorado, shall enforce and administer the
provisions of this act. The said commission, in the administration of this
act shall be governed by its provisions if there be conflict between the same
and the provisions of the act creating said commission.
Sec. 3. Definitions.—The terra “ commission ” when used in this act shall
mean the industrial commission of Colorado.
Sec. 4. Number mid vender.—Unless the context otherwise requires, a word
used in this act in the singular number shall also include the plural; and the
masculine gender shall include feminine and neuter.
Sec. 5. Order.—The term “ order” shall mean and include any decision,
finding and award, classification, rate, rule, regulation, direction, requirement
or standard of the commission, or any other determination arrived at or
decision made by such commission.
121
122
WOBKAIKn ’ s COMPENSATION LAWS— UNITED STATES
Sec. C. Place of employment.—The term ••place of employment ’* shall mean
and include every place whether indoors or outdoors or underground, and the
premises, work places, works and plants appertaining thereto or used in
connection therewith, where either temporarily or permanently any industry,
trade, or business is carried on, or where any process or operation directly
or indirectly relating to any industry, trade, or business is carried on, or
where any person is directly or indirectly employed by another tor direct or
indirect gain or profit, except as otherwise expressly provided in this act.
Sec.7. Employment.—The term “ employment” shall mean and include any
trade, occupation, job, or position, or process of manufacture, or a»y method of
carrying on any such trade, occupation, job. or position, or process of manu
facture in which any person may be engaged, except as otherwise expressly
provided in this act.
Sec. 8. Employer.—The term “ employer” shall mean and include:
(a) The State, and each county, city, town, irrigation, drainage, and school
district therein, and all public institutions and administrative boards thereof
without regard to the number of persons in the service of any such public
employer: And provided, That all such public employers shall be at all times
subject to the compensation provisions of this act.
(h)
Every person, association of persons, firm and private corporation (in
cluding any public service corporation), personal representative, assignee,
trustee, or receiver, who has four or more persons engaged in rhe same business
or employment (except as otherwise expressly provided in this act), in service
under any contract of hire, express or implied, and who, at or prior to the
time of the accident to the employee for which compensation is claimed under
this act, has 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 manner provided in this act.
(c)
This act is not intended to apply to employers of private domestic
servants or farm and ranch labor, nor to employers who employ less than four
employees in the same business, or in or about the same place of employment:
Provided, That any such employer may elect to accept the provisions of this
act in the manner herein provided.
Sec. 9 (as amended .1928, ch. 202). Employee.—The term 1employee " shall
mean and include:
(a) Every person in the service of the State, or of any county, city, town,
irrigation, drainage, or school district therein, or any public institution or
administrative board thereof, under any appointment or contract of hire,
express or implied, except an elective official of the State, or any county, city,
town, irrigation, drainage, or school district therein, or of any public institu
tion or administrative board thereof: except all officers and enlisted men of the
National Guard of the Stale of Colorado. Policemen and firemen shall be
deemed employee*;, within the meaning of this paragraph: Provided, That any
policeman or fireman, or if killed, any dependent, claiming compensation under
this act shall have deducted from such compensation any sum which such
policeman or fireman, or their dependent, may receive from any pension or
any benefit fund to which the State or municipality may contribute, except,
however, that in case such injury shall result in a permanent disability, includ
ing a loss, or loss of use, or partial loss of use of any member or members as
set forth in section 73 of this act, the compensation therefor shall be paid said
injured employee without deduction on account of any payment from such
pension or benefit fund.
(b) Every person in the service of any other person, association of persons,
firm, private corporations, including any public service corporation, personal
representative, assignee, trustee, or receiver, under any contract of hire, express
or implied, including aliens and also including minors, whether lawfully or
unlawfully employed (who for the purpose of this act shall be considered the
same, and shall have the same power of contracting with respect to their
employment, as adult employees), but not including any persons, who are
expressly excluded from this act or whose employment is but casual and not
in the usual course of trade, business, profession, or occupation of his employer.
Sec. 10. Interstate commerce.—The provisions of this act shall not apply to
common carriers engaged in interstate commerce nor to their employees.
Sec. 11. Loaned employees.—Where an employer, who has accepted the provi
sions of this act and has complied therewith, shall loan the service of any of
his employees who have accepted the provisions of this act, to any third person,
TKXT OF LAWS— COLORADO
123
he shall he liable for any comi>enKution thereafter for any injuries or death of
tsaid employee as in this act provided, unless it shall appear from the evidence
in said ease that said loaning constitutes a new contract of hire, express or
implied, between the employee whose services were loaned and the person to
whom he was loaned.
S ecs . 12, 18 (as amended 1923, ch. 201). 14. Abrogation of defenses.— [In
suits for damages for personal injuries to employees the defenses of assump
tion of risks and fellow service are abrogated, also that there was Jack of
ordinary care on the part of the injured employee if such want of care was
not willful. Employers accepting the provisions of this act are not subject
to the foregoing provision, nor to a n y other liability whatsoever for injuries
or death of employees other than as herein provided. If an accepting em
ployer is sued by an employee who rejects the provisions of this act he may
plead the common law defenses unaffected by this and other statutes.]
S ec . 15. Application of act.—The right to the compensation provided for in
this act, in lieu of any other liability whatsoever, to any and all persons whom
soever, for any personal injury accidentally sustained or death resulting there
from, on and after August 1. 1915, shall obtain in all eases where the following
conditions occur:
(a) Where, at the time of the accident, both employer and employee are
subject to the provisions of this act; and where the employe]* has complied
with the provisions thereof regarding insurance.
(b) Where, at the time of the accident, the employee is performing service
arising out of and in the course of his employment.
(c) Where the injury or death is proximately caused by accident arising
out of and in the course of his employment, and is not intentionally selfinflicted.
S ec. 16 (as amended 1923, ch. 201). Election presumed.-—Every employer of
four or more employees (not including private domestic servants and farm
and ranch laborers), engaged in a common employment, shall be conclusively
presumed to have accepted the provisions of this act, unless, prior to the
date such employer becomes the employer of four or more persons, he shall
have filed with the commission a notice in writing to the effect that he elects
not to accept the provisions of this act or unless said employer has rejected
the provisions of the workmen’s compensation act of Colorado in conformity
with the provisions of said act as heretofore existing.
S ec. 17 (as amended 1923, ch. 201). Voluntary election.— [Any employer, re
gardless of number of employees or of occupation, may come under the act by
insuring his liability thereunder as herein provided
Withdrawal may be
effected by notice given June 1, effective August 1 of any year, conspicuously
posted; an employer so withdrawing may at any time elect to come under the
act by filing notice or by insuring.]
S ec . 18 (as amended 1923, ch. 201). Employees' acceptance.— [Employees
of employers accepting the act are presumed to have accepted it, in the absence
of written notice to the employer and the commission.]
S ec . 19. Suits barred.— [Acceptance of the act is a waiver by both parties
of any other remedy or action at law, and is binding on personal representa
tives, next of kin, and those conducting an employer’s business in case of
bankruptcy or insolvency.]
S ec. 20. Notice of nonelection.— [Employers not coming under the act must
give notice thereof by conspicuously posting notices to that effect and give
similar notice of any change. J
S ecs . 21, 22 (as amended 1923, ch. 201), 23-26, 27 (as amended 1923, ch. 201),
28. Insurance.— [Employers accepting the act must secure the payment of
compensation by Insuring in the State fund, in an authorized stock or mutual
corporation, or by procuring a self-insurance permit from the commission. The
State and its subdivisions and agencies must insure in the State fund. In
surance contracts are subject to the provisions of this act, and inconsistent pro
visions are void. Forms of policies must be approved by the industrial com
mission of the State, which shall prescribe a standard or universal form as
nearly as possible for all contracts, indorsements, riders, etc. Companies must
file classifications of risks and premiums relative thereto, which are not effective
until approved. Such approval may be withdrawn at any time. Bebating and
the cutting of rates are forbidden.
1965°—20------9
124
WORKMEN'S COMPENSATION LAWS— UNITED STATES
Policies and contracts of insurance must provide that the company is di
rectly and primarily liable to the employee or his dependents, and that no
tice or knowledge on the part of the employer is notice to the insurance com
pany, which is bound by and subject to all orders, findings, or awards rendered
against the employer under the provisions of the act. Legal incapacity or in
solvency or bankruptcy of the employer shall not relieve the insurance carrier.
If an employer is not Insured, or has allowed his insurance to terminate, the
employee or his dependents may claim compensation under the act, the bene
fits to be increased 50 per cent. When compensation is awarded, the employer
shall be required to pay to a designated trustee the present value of all unpaid
benefits computed at the rate of 4 per cent per annum, or file a bond with
sureties guaranteeing the payment of the benefits awarded. In default of these,
a certified copy of t be award may be filed with the clerk of the district court of
any county in llie State, and when recorded shall have the effect of a judgment
on which execution may be issued.
Insurance carriers operating under the act may apply to the commission for
permission to examine books, pay rolls or other documents of employers in
sured by such carrier, or of contractors and others covered by the insurance, to
disopver the amount of wage expenditure of such insured persons.]
S ec . 29. Self-insurance.— [The right to self-insurance may be granted under
rules, regulations, and conditions prescribed by the commission, subject to re
vocation at any time.]
S ecs . 80-33. Notices and reports.— [Employers are required to keep a record
of all injuries to their employees and report the same to the commission within
10 days on prescribed forms. Employees must notify employers of injuries
received within 2 days if physically and mentally able to do so, unless the
employer or his representative has actual notice of the injury. Failure for
feits one day’s compensation for each day's delay, but if anyone reports the
accident for the employee within the time specified, he is relieved from re
porting the accident.
Employers must furnish all information required by the commission, which
shall be for its confidential use unless otherwise ordered, and shall not be
open to the public nor used in auy legal proceeding unless the commission is
a party thereto. The commission may require information requested by it to
be verified under oath.]
JSkcs. 34-40. General powers.— [The commission has general powers with re
gard to safety inspection, the collection of statistics, the examination of books
and pay rolls, and the enforcement of orders and subpoenas through the agency
of the district court. Order* are valid and prlma fade reasonable until found
otherwise in an action brought for the purpose, and shall not be declared
inoperative on technical grounds. Rules and regulations may be adopted with
regard to employers, employees and insurance carriers, effective within 10 days
after adoption and posting. The commission may employ deputies, experts,
actuaries, clerks, and other employees needed to (tarry out the provisions of
the act or for the performance of its duties, and may conduct any number of
investigations through agents and referees delegated to such work, who shall
have power to subpoena and swear witnesses and take all testimony necessary.
Officers and employees of the State and its subdivisions are required to enforce
in their respective departments all lawful orders of the commission applicable
and consistent with their general duties, also to make reports, furnish statistics
and other data relative to the purposes of the act and the duties of the com
mission.]
S ec . 47. Computation, of wages.— T h e average w eekly w age o f the in ju red
em ployee sh all be taken a s the basis upon which to com pute benefits and shall
be determ ined as f o llo w s :
(a)
Whenever the term “ wages” is used it shall be construed to mean the
money rate at which the services rendered are recompensed under the contract
of hire in foi^ce at the time of the accident, either express or implied, and shall
not include gratuities received from employers or others, nor shall it include
the amounts deducted by the employer under the contract of hire for material,
supplies, tools, and other things furnished and paid for by the employer and
necessary for the performance of such contract by the employee; but the term
“ wages ” shall include the reasonable value of board, rent, housing, lodg ng,
or any other similar advantages received from the employer, the reasonable
value of which shall be fixed and determined from the facts by the commission
in each particular case.
TEXT OF LAWS— COLORADO
125
(&) The total amount earned by the injured or killed employee in the six
months preceding the accident shall be computed, which sum shall be divided
by 20, and the result thus ascertained shall be considered as the average
weekly wage of said injured or deceased employee, for the purpose of computing
the benefits provided by this act, except as hereinafter provided.
(c) Provided further, however, That in any case where the foregoing method
of computing the average weekly wage of the employee by reason of the nature
of the employment or the fact that the injured employee has not worked a
sufficient length of time to enable his earnings to be fairly computed thereunder
or has been ill or in business for himself, or where for any other reason said
methods will not fairly compute the average weekly wage, the commission
may in each particular case compute the average weekly wage of said employee
by taking the daily earnings at the time of the accident or compute it in such
other manner and by such other method as will in the opinion of the commis
sion, based upon the facts presented, fairly determine such employee's average
weekly wage.
(d) Where an employee is a minor the average weekly wage of such minor
shall be determined by this commission on the basis of the earnings that such
minor, if not disabled or killed would probably have earned during the period
for which compensation is granted.
Sex;. 48. Second injuries.—The fact that an employee has suffered a previous
disability or received compensation therefor, shall not preclude compensation
for a later injury or for death; but in determining compensation for the later
injury or death his average weekly earnings shall be such sum as will reason*
ably represent his average weekly earning capacity at the time of the latter
injury and shall be arrived at according to and subject to the limitations in the
foregoing sections.
S ec. 49. Contractors and lessees.— [Persons, companies, and corporations leas
ing or contracting part or all their work are classed as employers of the con
tractors, subcontractors, lessees and their employees, all of whom are to be
classed as employees under the act. Such employers are entitled to recover
the cost of insurance from the lessees, contractors, subcontractors, etc., and
may deduct the same from the contract price, royalties, or other money due.
But if the contractor, subcontractor, lessee, or sublessee is himself an employer
within the terms of this act and has insured his liability thereunder, tlio
person, company or corporation is not subject to the provisions of this section.)
S e c . 50. Oumet s of real property.— [This section applies the same provisions
as above to owners of real property or improvements thereon contracting work
to a contractor or a subcontractor who hires four or more workmen, including
himself, in the peformance of such contract.]
S kc. 51. Medical, surgical, and hospital aid.—Every employer regardless of his
method of insurance shall furnish such medical, surgical, nursing and hospital
treatment, medical hospital and surgical supplies, crutches and apparatus,
as may reasonably be needed at the time of the injury and thereafter during
the disability, but not exceeding 60 days from the date of the accident and
$200 in value to cure and relieve from the effects of the injury: Provided, however, That every employer subject to the terms and provisions of this act must
injure his liability for the medical, surgical, and hospital expenses herein pro
vided for, unless permission is given by the industrial commission to such
employer to operate under a medical plan as hereinafter set forth.
Every plan which is iu force at the time of the adoption of this act, or which
is hereafter agreed to between employer and employee, for the furnishing of
medical, surgical, and hospital treatment whether the employee is to pay any
pa it of the expense of such treatment or not shall before being put into effect,
receive the approval of the industrial commission, which shall have full power
and authority to formulate the terms and conditions under which any such
plan may operate and the essentials thereof, and it may at any time order
modifications or changes in any said plan or withdraw its approval thereof:
Prmnded, however, That no plan shall be approved by the commission which
relieves the employer from the burden of assuming and paying for any part
of the medical, surgical, and hospital services and supplies hereinabove re
quired.
The commission shall have the power to establish a schedule fixing the fees
for which all medical, surgical, and hospital treatment rendered to employees
under this section shall be compensated.
126
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COMPENSATION LAWS— UNITED STATES
Skc. 52. Dependents.— For the purposes of this act the following described
persons shall be conclusively presumed to be wholly dependent:
(a) Wife, unless it be shown that she was voluntarily separated and living
apart from the husband at the time of his injury or death and was not depend
ent in whole or in part on him for support.
(b) Minor children of the deceased under the age of 18 years. The term
“ minor child” shall include posthumous children or a child legally adopted
prior to the injury.
S ec . 53 (as amended 1923, ch. 201). Degree of dependency.—Children 18 years
of age or over, husband, mother, father, grandmother, grandfather, sister, or
brother, who were wholly or partially supported by the deceased employee at
the time of his death and for a reasonable period of time immediately prior
thereto, shall be considered his actual dependents. If such dependents be a
son or brother 18 years of age or over, a husband, father, or grandfather, to
be entitled to compensation, they must prove that they were incapable of or
actually disabled from earning their own living during the said time: Pro
vided, however, If said incapacity or disability is temporary only, compensation
shall be paid only during the period of such temporary incapacity or dis
ability.
Sec. 54 (as amended 1923, ch. 200). Benefits for death.— In case of death,
the dependents of deceased entitled thereto shall receive as compensation
or death benefits 50 per cent of the deceased employee’s average weekly wages
not to exceed a maximum of $12 per week and not less than a minimum of
$5 per week, for a period not to exceed six years from the date of the death
of the injured employee, less any sums paid to tho employee prior to his
death as compensation for his disability as in this act provided.
S ec . 55. Remarriage.—In the case of remarriage of the husband or wife of
a deceased employee without children he or she shall receive at the time of
marriage, a lump sum settlement without commutation equal to one-half of
the amount of compensation then remaining unpaid: Provided, however, That
if such husband or wife has had a lump sum or lump sums granted to him or
her during a six months period immediately preceding said remarriage* the
lump sum settlement shall be determined by following basis:
The commission shall determine the amount of compensation which would
have been unpaid at the date of remarriage under the terms of the award if
a lump sum or lump sums had not been granted within said six months
period. From one-half of said sum the commission shall then deduct the
actual amount paid to such husband or wife on all lump sums granted during
said six months period and the balance of said one-half, if any, shall be
paid to said husband or wife at the time of remarriage without commutation.
In case of remarriage of husband or wife of a deceased employee, who has
a dependent child or children, the entire unpaid balance of compensation
shall be paid such child or children.
Sf.c. 50. Partial dependents.—Partial dependents shall be entitled to receive
only that portion of the benefits provided for those wholly dependent which
the average amount of the wages regularly contributed by the deceased to
such partial dependents at and for a reasonable time immediately prior to
the injury bore to the total income of the dependents during the same time.
The commission shall have the power and discretion to determine the proper
elements to be considered as income of said dependents in each particular
case. Where there are persons both wholly dependent, and partially depend
ent, only those wholly dependent shall be entitled to compensation.
Sec. 57 (as amended 1923, ch. 201). Dependency; payments.—The question
as to who constitute dependents and the extent of their dependency shall be
determined as of the date of the accident to the injured employee and the
right to death benefits shall become fixed as of said date irrespective of any
subsequent change in conditions, and such death benefits shall be directly
payable to the dependent or dependents entitled thereto or to such i>erson
legally entitled thereto as the commission may designate.
In case of the death of an employee or claimant entitled to compensation
leaving dependents, any accrued and unpaid portion of the compensation or
benefits up to the time of the death of such employee or claimant shall be
paid to such dependents as may be ordered by the commission and not to the
legal representative as such of said decedent. In case said injured employee
or claimant leaves no dependents the commission may order the application
of any accrued and unpaid benefits up to the time of the death of such em
TEXT OP LAWS— COLORADO
127
ployee or claimant paid upon the expenses of the last sickness or funeral of
such decedent as may be ordered by the commission, the preference in such
payment to be to funeral expenses. In case an injured employee or dependent
of a deceased employee entitled to benefits hereunder is declared incompetent
or insane, any benefits accrued or to accrue may be paid to the conservator
of his estate, if any, or to his dependents, if any, or to the party or institu
tion having custody of the person of such injured employee or dependent of a
deceased employee as may be ordered by the commission in its discretion.
Sko. 58 (as amended 1923. ch. 201). Lapse of benefits.—Death benefits shall
terminate upon the happening of any of the following contingencies and shall
thereupon survive to the remainiug dependents, if any, to w it:
(a) Upon marriage.
(b) Upon the death of any dependent.
(*?) When a son or brother of the deceased reaches the age of 18 years,
except as otherwise provided in section 53 hereof.
S ec . 59 (as amended 1923, ch. 200). Funeral expenses, etc.—When as a
proximate result or an accident death occurs to an injured employee, there
shall be paid in one lump sum within 30 days after his death the sum of $125
for his reasonable funeral and burial expenses. Said sum may be paid to
the undertaker, or to any other person who may have paid the undertaker, if
the commission so orders. If the employee leaves no dependents compensa
tion shall be limited to said sum, and the compensation, if any, which lias
accrued to date of death, and the medical, surgical, and hospital expenses
herein provided. If the deceased employee leaves dependents said sum shall
be paid in addition to all other sums of compensation herein provided for.
Sec. 60. Rights.—No dependent of an injured employee shall be deemed, dur
ing the life of the employee, a party in interest to any proceeding by him for
the enforcement of any claim for compensation nor as respects any settlement
thereof by said employee.
Sec. 01. Illegitimate children.—Illegitimate minor children of deceased puta
tive father shall be entitled to compensation in the same respect as a legiti
mate minor child of said decedent when it is proved to the satisfaction of the
commission that the father has, during his lifetime, acknowledged said child
or children to be his and has regularly contributed to its or their support and
maintenance for a reasonable period of time prior to his death.
Sec. 62. Death after two years.—In case death occurs more than two years
after the date of receiving of any injury such death shall be prima facte
presumed not to be due to such injury.
Sec. 03 (as amended 1923, ch. 200). Death within two years.—In case death
proximately results from the injury within a period of two years, the benefits
shall be in the amounts and to the persons following:
(a)
If there be no dependents compensation shall be limited to the expenses
provided for medical, hospital, and funeral of deceased, together with such
sums as may have accrued or been paid to deceased during his lifetime for
disability.
(&) If there are wholly dependent persons at the time of death the pay
ment shall be 50 per cent of the average weekly wages, subject to the limita
tions of this act as to maximum and minimum weekly amount, and to continue
lor the remainder of the period from the date of the death and not to exceed
six years after the date of injury, and not to amount to more than a maxi
mum of $3,750, less the sums, if any, paid to deceased during his lifetime.
(c) If there are partly dependent persons at the time of the death, the
payment shall be not to exceed 50 per cent of the average weekly wages
subject to the limitations of the minimum and maximum weekly amount and
to continue for such portion of six years after the date of the injury as
shall be required to pay at the said weekly rate, the total amount awarded
by the commissio.n to be paid to such partial dependent or partial dependents.
Seo. 64 (as amended 1923, ch. 200). Death from other cause.—If death
occurs to an injured employee other than as a proximate result of accident
before disability indemnity ceases, and the deceased leaves a person or
persons wholly dependent upon him for support, death benefits shall be as
follows:
(a)
Where the accident proximately caused permanent total disability, the
death benefit shall consist of the unpaid and unaccrued portion of the perma
nent total disability benefit which the employee would have received had he
lived until he had received the sum of $3,750.
128
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COMPENSATION LAWS— UNITED STATES
(b)
Where the accident proximately caused permanent partial disability,
the death benefit: shall consist of the unpaid and unaccrued portion of the
permanent partial disability benefit which the employee would have received
had he lived.
Sec. 05 (as amended 1923, ch. 200). Same.—If death occurs to an injured
employee other than as proximate result of the accident before disability in
demnity ceases, and the deceased leaves a person or persons partially de
pendent upon him for support, death benefits shall be as follows:
(</) Where the accident proximately caused permanent total disability, the
death benefit shall consist of that proportion of the unpaid and unaccrued
portion of the permanent total disability benefit which the employee would
have received had he lived until he had received the sum of $3,750 as the
amount devoted by the deceased for the support of such person or persons
for the year immediately prior to the accident bears to the total income of
the person or persons during said year.
(b)
Where the accident caused permanent partial disability the death
benefit shall consist of that proportion of the unpaid and unaccrued portion
of the permanent partial disability benefit which the employee would have re
ceived if he had lived, as the amount devoted by the deceased to the support
of such person or persons for the year immediately prior to the accident bears
to the total income of the person or persons during said year.
Sec. 60 (as amended 1928. ch. 201). Nonresident aliens.— [Payments to non
resident dependents are to be one-fourth the amounts provided in the act.
They may he made directly, or, at the direction of the commission, to a duly
accredited consul, vice consul or consular agent.]
S ec . 67. Mode of payment.—Death benefits shall be paid to such one or more
of the dependents of the decedent for the benefit of all the dependents entitled
to such compensation as may be determined by the commission who may appor
tion the benefits among such dependents in such manner as it may deem just
and equitable. Payment to a dependent subsequent in right may be made, if
the commission deems it proper, which payment shall operate to discharge all
other claims therefor. The dependents or persons to whom benefits are paid
shall apply the same to the use of the several beneficiaries thereof, according
to their respective claims upon the decedent for support in compliance with the
finding and direction of the commission.
S ec . 68. Minor children.— In all cases o f death w here the dependents are one
or m ore m inor children, it sh all be sufficient fo r the w idow or a friend to muke
application and claim on b eh alf o f said m inor children. T he com m ission, fo r
the purpose o f protecting the righ ts and in terests o f any dependent w hom it
m a y deem incapable o f fu lly protecting h is or her ow n interewrs. m a y provide
fo r the m anner and method o f safegu ard in g the paym ents due such dependent
or dependents in such m anner a s it m ay see fit.
S ec . 69. Payment as discharge.—Payment of death benefits o one <>r more
dependents shall protect and discharge to that extent all compensation under
this act, unless and until any other person claiming to be a dependent shall
have given the commission notice of bis claim and until the commission shall
have notified the employer or his insurance carrier of such claim. In such case
the commission shall determine the respective rights of the said rival claimants,
and thereafter such death benefits shall be paid to such dependents as it may
find so entitled, under the provisions of this act.
S ec . 70 (a s amended 1923, ch. 200). Disability benefits.—If the accident
causes disability, a disability indemnity shall be payable as wages, upon the
18th day after the injured employee leaves work as the result of the injury and
thereafter regularly but not less frequently than once in each calendar month,
unless otherwise ordered by the commission, subject, however, to the following
limitations:
( a ) If the period of disability does not last longer than 10 days from the
day the employee leaves work as the result of the injury, no disability indem
nity whatever shall be recoverable except the disbursement in this act provided
for medical, surgical, nursing, and hospital services, apparatus and supplies;
nor in any case unless the commission has actual knowledge of the injury or is
notified thereof within the period specified in this act.
(b) If the period of disability lasts longer than 10 days from the day the
injured employee leaves work as the result of the injury no disability indem
nity shall be recoverable for the first 10 days of disability.
S ec . 71 (as amended 1923, ch. 200). Temporary disability.—In case of tem
porary disability of more than 10 days* duration, the employee shall receive 50
129
TEXT OP LAWS— COLORADO
per cent of liia average weekly wages so long as such disability Is total not to
exceed a maximum of $12 per week and not less than a minimum of $5 per
week unless the employee’s wages shall be less than $5 per week, in which
event he shall receive compensation equal to his average weekly wages.
S ec . 72 (as amended 1923, ch. 200). Temporary partial disability.—In case
of injury resulting in temporary partial disability, the employee shall receive 50
per cent of the impairment of his earning capacity during the continuance
thereof, not to exceed the maximum sum of $12 per week, or the aggregate sum
of $1,560.
S ec. 73 (as amended 1923, ch. 201). Schedule.—In case an injury results in a
loss set forth in the following schedule the injured employee shall, in addition
to compensation to be paid for temporary disability receive compensation for
the period as specified, to wit:
Weeks
The loss of an arm between elbow and shoulder_____________ 208
The loss of forearm between wrist and elbow________________ :!39
The loss of a hand_________________________________________101
The loss of a thumb and the metacarpal bone thereof_______ 50
The loss of a thumb at the proximal joint___________________ 35
The loss of a thumb at the second or distal joint____________ 38
The loss of an in*?ox finger and the metacarpal bone thereof_2(»
The loss of an im-ex finger at the proximal joint____________ 18
Loss of an index linger at the second joint__________________ 13
Loss of an index linger at the distal joint___________________
9
Loss of a second linger and the metacarpal bone thereof------- 18
Loss of a middle finger at the proximal joint______________ 13
Loss of a middle linger at the second joint__________________
9
Loss of a middle linger at the distal joint___________________
5
Loss of a third or ring finger and the metacarpal bone thereof.. 11
Loss of a ring finger at the proximal joint_________________
7
Loss of a ring finger at the second joint--------------------------7
4
Loss of a ring finger at the distal joint____________________
Loss of a little finger and the metacarpal bone thereof-------- 13
Loss of a little finger at the proximal joint_________________
9
Loss of the little finger at the second joint---------------------------9
Loss of a little finger at the distal joint-----------------------------4
Loss of a leg at the hip joint or so near thereto as to preclude
the use of an artificial limb______________________________ 208
Loss of a leg at or above the knee, where the stump remains
sufficient to permit the use of an artificial limb----------------- 139
The loss of a foot at the ankle---------------------------------------- 104
The loss of a great toe with the metatarsal bone thereof-------- 20
The loss of a great toe at the proximal joint------------------------ 18
The loss of a great toe at the second or distal joint-------9
The loss of any other toe with the metatarsal bone thereof----- 11
The loss of any other toe at the proximal joint---------------------4
The loss of any other toe at the second or distal joint----------4
The loss of an eye by enucleation (including disfigurement re
sulting therefrom)______________________________________ 139
Total blindness of one eye------------------------------------------------ 104
Total deafness of both ears---------------------------------------------- 139
Total deafness of one ear---------------------------------------------------- 35
Where workman prior to injury has suffered a total loss of
hearing in one ear and as a result of the accident loses total
hearing in remaining ear------------------------------------------------- 139
(a) The commission shall determine the time when temporary disability
terminates as to injuries coming under any provision of this section.
( b) For the purpose of this schedule, permanent and complete paralysis
of any member as the proximate result of accidental injury shall be deemed
equivalent to the loss thereof.
(c) Whenever amputation is made between any two joints mentioned in
this schedule (except amputation between the knee and the hip-joint) the
resulting loss shall be estimated as if the amputation had been made at the
joint nearest thereto. In case of the amputation of any portion of the bone
of the distal joint of any finger, thumb, or toe the amount paid therefor shall
be the amount allowed for amputation at said distal joint.
130
W O H K M E N 's COMPENSATION LAWS— UNITED STATES
(<l) The amounts specified in this section are all subject to the limitation!!
us to weekly maximum and minimum benefits provided herein, for injuries
causing temporary total disability.
(e)
When an injured employee .sustains two or more injuries coming under
this schedule, the disabilities specified herein shall be added and the injured
employee shall receive the sum total thereof: Provided. That whore the injury
results in the loss or partial loss of use of the index linger and thumb and
of the same hand or of more than two digits of any one hand or foot, the
disability may, in the discretion of the commission, be compensated on the
basis of the partial loss of use of said hand or foot measured respectively from
the wrist or ankle.
if) Where an injury causes tho loss of use or partial loss of use of any
member or members specified in the foregoing schedule, the commission may
determine the disability suffered and the amount of compensation to be
awarded, by awarding compensation which shall bear such relation to the
amount stated in the above schedule for the loss of a member or members
as the disabilities bear to the loss produced by the injuries named in the
schedule and such amount, shall bo in addition to compensation for temporary
disability, or the commission may award compensation under the permanent
partial disability section of this statute as the commission in its discretion
may determine from the particular facts in each case.
Sisc. 74. Injury to teeth.—When an accident causes injury to the teeth of an
employee, he shall, in addition to receiving compensation for disability and the
medical, surgical, and hospital services provided herein, bo entitled with the
prior approval and consent of the commission to receive such dental treatment
and services as may reasonably be necessary to repair and alleviate the effects
of the injury, not: to exceed .$100 in value.
Sec. 75. Disfigurement
any employee is seriously permanently dis
figured about the head or face, the commission may allow, in addition to all
other compensation benefits provided herein, such sum for compensation on
account thereof as it may deem just, not exceeding $500.
Seo. 70. Second injuries.—Where an employee has previously suffered the
loss of one hand or one arm or one foot or one leg or the vision of one eye, and,
as a result of an accident arising out of and in the course of his employment, he
suffers the loss of another hand, arm, foot, leg, or the vision of an eye, he shall
be compensated as follows:
If the employee has previously lost vision of one eye and loses the vision of
the remaining eye, he shall receive compensation for 312 weeks.
If the employee previously lost the vision of one eye and loses a hand, arm,
foot, or leg, he shall be compensated by receiving the schedule number of
weeks for the loss of such member plus 50 per cent.
If the employee has previously lost the right hand and loses the left hand or
arm or vice versa, he shall receive the schedule number of weeks for the loss
of such member, plus 50 i>ei* cent.
If the employee has previously lost the right arm and loses tho left hand or
arm, or vice versa, he shall receive twice the number of scheduled weeks for
the loss of such member.
If the employee has previously lost a hand or arm and loses one foot or leg
or the vision of one eye, he shall receive as compensation the scheduled num
ber of weeks for the loss of such member or loss of vision, plus 50 per cent.
If the employee has previously lost the right foot and loses the left leg or
foot, or vice versa, he shall receive the scheduled number of weeks for the
loss of such member, plus 25 per cent.
If the employee has previously lost the right leg and loses the left log or foot,
or vice versa, he shall receive the scheduled number of weeks for the loss of
such member, plus 50 per cent.
If the employe has previously lost one leg or foot and loses one hand or arm
or the vision of one eye> he shall receive compensation for the scheduled number
of weeks for the loss of such member or loss of vision, plus 50 per cent.
Compensation awarded in this soction is subject to the maximum and mini
mum weekly amounts herein specified for accidents causing temporary total
disability.
Sec. 77 (as amended* 1923, ch. 201). Permanent total disability.—In cases of
permanent total disability, the award shall be 50 per cent of the average
weekly wages of the injured employee and shall continue until death of such
person so totally disabled but not in excess of the weekly maximum and not
TEXT OF U W S ---- COLORADO
131
less than the weekly minimum benefits specified herein for injuries causing
temporary total disability.
The loss of both hands or both arms or both feet or both legs or both eyes or
of any two thereof, by injury in or resulting from the same accident, shall prima
facie constitute total and permanent disability to be compensated according to
the provisions of this section: Provided, however, That where the disability
comes under this section and where the employer or the commission obtains
suitable employment for such disabled person which he can perform and which
in all cases shall be subject to the sole approval of the commission, the disa
bilities set out in this paragraph shall not constitute total disability during the
continuance of the commission’s approval of paid employment but such partial
disability as may be determined by the commission after a finding of the facts.
Sec. 78 (as amended 1023, ch. 200). Injuries not scheduled — Where an acci
dent causes injury resulting in permanent partial disability (except the sus
taining of any one of the specific injuries set forth in the schedule herein),
the injured employee shall be deemed to be permanently partially disabled from
the time he is so declared by the commission and from said time shall be
entitled to compensation for permanent partial disability in addition to any
compensation theretofore allowed. In determining permanent partial disability
the commission shall ascertain in terms of percentage the extent of general
permanent disability which the accident, has caused, taking into consideration
not only the general physical condition blit the mental training, ability, former
employment, and education of the injured employee. The commission shall
then determine the injured employee’s expectancy of life from recognized expec
tancy tables and such other evidence relating to his expectancy as may be
presented; it shall then ascertain the total amount which said employee would
receive during the balance of his expectancy if permanently totally disabled at
not more than the maximum nor less than the minimum weekly indemnity
specified in this act for temporary total disability and shall then take that
percentage of the total sum so arrived at as is indicated by the percentage of
general permanent disability found to exist in the manner as hereinabove set
forth, not to exceed in any event, however, the aggregate sum of .$3,120. Said
sum to be paid at a weekly rate not more than the maximum nor less than the
minimum herein si>ecified for injuries causing total disability.
Sec. 79. Multiple injuries.—Where an injured employee sustains a loss set
forth in the schedule herein, but in addition thereto receives other injuries
which are sufficient in their nature to alone cause temporary total disability,
said employee shall receive in addition to the amounts specified in said schedule,
compensation for temporary total disability as long as said disability may be
found to exist as a result of said other injuries.
Sec. 80 (as amended 1923, ch. 201). Hernia.—An employee in order to be
entitled to compensation for hernia must clearly prove: First, that its appear*
ance was accompanied by pain; second, that it was immediately preceded by
some accidental strain suffered in the course of the employment. If an em
ployee, after establishing his right to compensation for hernia as above pro*.
vided, elects to be and is operated therefor within a reasonable time as lixed
by the commission, he shall be entitled to medical, surgical, nursing and hos
pital treatment and supplies and apparatus as in this act provided irrespec
tive of the time limit therefor fixed. In case the employee does not ele**t to
be so operated and the hernia becomes strangulated after the date fixed by the
commission for said operation the results from said strangulation will not
be compensated.
Sec. 81. Medical examinations.—Whenever, in case of injury, the right to
compensation under this act would exist in favor of an employee, he shall upon
the written request of his employer, or the insurer carrying such risk, sub
mit himself from time to time to examination by a physician or surgeon, who
shall be provided and paid for by the employer or insurer, and shall likewise
submit to examination from time to time by any regular physician selected
and paid for by said commission, or a member or examiner thereof. The em
ployee 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 or insurer, shall refuse to submit himself to such
examination, or shall in any way obstruct the same, his right to collect or
to begin or to maintain any proceeding for the collection of compensation
shall be suspended; and if he shall refuse to submit to such examination,
132
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COMPENSATION LAWS— UNITED STATES
after direction by the commission, or any member or examiner thereof, or
shall, in any way obstruct the same, his right to weekly indemnity which shall
accrue and become payable during the period of such refusal or obstruction,
shall be barred. If any employee shall persist in any unsanitary or injurious
practice which tends to 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 commission may, in its discretion, reduce or suspend the compen
sation of any such injured employee. Any physician who shall make or be
present at any such examination may be required to testify as to the results
thereof. Any physician having attended an employee in a professional capacity
may be required to testify before the commission when it shall so direct. A
physician will not be required, however, to disclose confidential communica
tions imparted to him for the purpose of treatment and which are unnecessary
to a proper understanding of the case. In all cases of Injury the employer or
insurer, as the case may be, shall have the right in the first instance to select
the physician who shall attend said injured employee: Provided, however,
That if the services of a physician are not tendered at the time of injury, the
employee shall have the right to select his own physician, and may upon the
proper showing to the commission procure its permission at any time to have
a physician of his own selection attend him, and in any nonsurgical case the
employee with such permission in lieu of medical aid may procure any non
medical treatment recognized by the laws of this State as legal, the practi
tioner administering such treatment to receive such fees therefor under :he
medical provisions of this act as may be fixed by the commission.
Sec. 82 (as amended 1023, ch. 200). Lump sums.—At any time after <ix
months have elapsed from the date of the injury the commission may, in the
exercise of its discretion, after five days* prior notice to the parties, order
payment of all or any part of the compensation awarded in a lump sum, or in
such manner as it may determine to be for the best interests of the parties
concerned, and its discretion so exercised shall be final and not subject to re
view. When payment in a lump sum is ordered, the commission shall fix the
amount to be paid based on the present worth of partial payments, consider
ing interest at 4 per cent per annum, and less deductions for the contingencies
of death and remarriage.
The aggregate of all lump sums granted to a claimant who has been found
and declared by the commission to be permanently and totally disabled shall
not exceed $3,750.
S ec . 83. Willful acts.—The compensation provided for herein shall be re
duced 50 per cent:
(a) Where injury is caused by the willful failure of the employee to ise
safety devices provided by the employer.
(b) Where iujury results from the employee’s willful failure o obey *tny
reasonable rule adopted by the employer for the safety of the employee.
(c) Where injury results from the intoxication of the employee.
Sec. 84 (as amended 1923, ch. 201). Notice.— [Compensable injuries must be
liotified to the commission by the employer within ten days, or in case of death
immediately. If not given by the employer, notice may be given by another
person. Notices required to be given by employees may be given by another
and will be valid unless specifically disclaimed or objected to by the claimant
in writing within a reasonable time. On receipt of a notice from a claimant
the commission must immediately mail a copy to the employer, his agent or
insurance carrier.
Bight to compensation is barred unless claim is filed within six months after
an injury, or one year in case of death; this does not apply to any claimant
to whom compensation has been paid.]
Sec. 85 (as amended 1923, ch. 201). Disabilities not due to accident.—Any
disability beginning more than five years after the date of accident shall be
conclusively presumed not to be due to the accident.
Sec. 86. Assignments, etc.—(Haims for compensation or benefits due under
this act shall not be assigned, released, or commuted except as provided in
this act, and shall be exempt from all claims of creditors and from levy, execution. and attachment or other remedy or recovery or collection of a debt, which
exemption may not be waived.
The power given in any power of attorney or other authority from any
injured employee or the dependents of any killed employee, purporting to
authorize any other person to receive, be paid, or receipt for any compensa
TEXT OB' LAWS— COLOBADO
133
tion benefits awarded any such claimant shall be wholly void, illegal, and of
no force and effect.
S ec . 87. Injuries due to. third parties.— [In case of injuries by the negli
gence or wrong of a third party the claimant must elect in writing whether to
take compensation or sue. Taking compensation effects an assignment of the
right of action, and the person liable for the payment of compensation is subro
gated to the rights of the injured worker, or his dependents in case of death,
but not in excess of the amount of compensation for which such assignee is
actually liable. If the employee or his dependents sue, the insurance carrier is
liable only for the deficiency, if any, between the amount so recovered and the
compensation herein provided. A compromise may be made by the injured per
son only with the written approval of the party liable for compensation.]
Skc. 88 (as amended 1923, ch. 201). Preference.— [Compensation claims
and awards have the same preference, without limit, as is allowed wage debts.
Payments made on the date fixed by the commission bear interest at 8 per cent
unless relieved on satisfactory showing.]
Sec. 89. Failure to insure.—Any employer subject to the terms and provi
sions of this act who fails to insure or to keep the insurance required by this
act in force or who allows the same to lapse or fails to effect a renewal thereof,
shall not continue any of his business operations while such default in effective
insurance continues. The commission in its own name as party plaintiff may
institute the proper action to enjoin any such employer from continuing his
business operations during any such default.
Sec. 90. Attorneys’ fees.—Unless previously authorized by the commission,
no lien shall be allowed nor any contract be enforceable for any attorneys’
fees, contingent or otherwise, for services rendered for the enforcement or
collection of any claim for compensation or other proceedings under the work
men’s compensation act, and then only as provided by rules of the commission.
Sec. 91. Trust fund.—The commission may, in its discretion, at any time,
any provisions in this act to the contrary notwithstanding, by unanimous
consent of all the members thereof, and with the approval of a majority of
the State auditing board, compute and require to be paid to it to be held by it
iu trust, an amount equal to the present value of all unpaid compensation or
other benefits in any case, computed at the rate of 4 per cent per annum. Such
action may be taken after a finding by the commission as to the insolvency,
threatened insolvency, or any other condition or danger which may cause tho
loss of, or which has delayed or may impede, hinder or delay prompt payment
of compensation or benefits by any insurance carrier or employer. The action
and finding of the commission shall not be subject to review, nor shall the
commission be required to give any notice of hearing or hold any hearing prior
to taking such action or making its finding as aforesaid. The order of tho
commission requiring said payment shall be valid, effective, and in force from
and after the approval thereof by the State auditing board. All moneys so
paid in shall constitute a separate trust fund, and after any such payment
is so ordered the employer or insurance carrier shall thereupon be discharged
from any further liability under such .ward, for which payment is made, to
the extent of the payment made, and the payment of the award shall then bo
assumed to the extent of payment made by the special trust fund so created.
If, for any reason, a beneficiary’s right to the compensation awarded and
ordered paid into said special trust fund, ceases, lapses, or in any manner
terminates by virtue of the terms and provisions of this act so that a surplus
not surviviug or accruing to any other beneficiary remains in said trust fund
of the amount ordered paid into it on behalf of the beneficiary, the insurance
carrier, or employer who has made said payment shall be entitled to a refund
of the present value of said surplus, if any, computed at the rate of 4 per cent
per annum. Any portion of the special trust fund may pursuant to resolution
of the commission, be invested in any securities of the State of Colorado or
of the United States of America.
Sec. 92, 93-98 (as amended 1923, ch. 203), 99 (as amended 1923, ch 201),
100, 101 (as amended 1923, ch. 201), 102-121. Procedure.— [The employer or
his insurer is required to notify the commission and the injured employee or
his dependents, in case of his death, within 15 days after the injury, whether
he admits or contests the liability. If he admits it, he shall also specify
amounts and beneficiaries, and payments thereon shall be made at once. On a
proper showing an extension of time, not exceeding 10 days at any one time,
may be allowed. Hearings may be had, but shall not interfere with the con
tinuance of payments according to admitted liability; no settlement or receipt
134
w o r k m e n ’s
c o m p e n s a t io n
l a w s — u n it e d
statu s
is final unless in accordance with the act and rules of the commission, nor
until approved by the commission. Hearings may be had by the commission
on its own motion or on the application of either party. Notice must be given,
and the parties may be present either in person or by attorney or other agent.
The commission may receive, besides the testimony, the reports of physicians,
employers, its own investigators, and the records of hospitals. The hearing
may be either by the commission, a referee, or a commissioner designated for
the purpose. Iteferee.4 have power to conduct hearings, issue subpoenas, and to
make summary orders as to claims without making specific findings of fact.
Such order is final unless reviewed on petition filed. Oases may be referred to
any district or county judge or other person as special referee for the taking
of evidence, the same to be reduced to writing and certified to the commission
for its use. Recourse may also be had to the commission or other agency
administering the compensation law of another State, after notice to the
party in interest.
If any party is dissatisfied with the order of the referee he may petition
for a review, whereupon the referee may reopen the case and amend or
modify the order or refer the entire case to the commission. The order as
amended is final, or the commission’s approval of an unamended order, in the
absence of a petition to review. Such petition must be filed in 10 days unless
further time is granted. Proceedings to set aside, vacate, or amend an order or
to enjoin its enforcement may not. be brought unless a petition for review be
first presented. Such action must be commenced within 20 days after the
final finding on review. Any prison in interest, including the State insurance
fund, if dissatisfied with such final finding or award may commence an action
in the district court for modification or vacation of the same. Such actions
have precedence over civil causes of a different nature pending in the court.
The time and method for filing documents, making returns, and presenting
issues are prescribed. The coutt may affirm or set aside the award or order,
but only if it appears that the commission acted without or in excess of its
power, that the finding or award was procured by fraud, or that the findings
of fact by the commission did riot support it. Speedy action is provided for,
trial to be to the court without a jury and upon the record of the commission.
If an order is set aside the question may be remanded to the commission for
further hearings or proceedings, or the court may direct a proper award to
bi‘ entered. Appeal may be taken to the supreme court for summary review on
questions of law. No fee shall be charged by the clerk of any court for serv
ices required by this act, and costs shall be allowed or not in the discretion
of the court: but no costs shall be taxed against the commission.
The commission may on its own motion, on the ground of error, mistake or
change in conditions, after notice of hearing to the parties interested, review
any award and end, maintain or modify it for reasons set forth in its findings;
past payments are not affected by such a review.
The commission and its agents and referees have general powers as to the
issue of subpoenas, the attendance of witnesses, production of books, papers
and records, and to administer oaths. Depositions may be taken of witnesses
residing within or without the State, and a full and complete record of all
proceedings shall be kept.
Violations of provisions of the act or failure or refusal to perform duties
lawfully enjoined are punishable, each day constituting a separate offense.
The making of faise statements under oath is perjury, and a claimant convicted
of such offense forfeits all right to compensation under the act.]
Si:<\ 322. Stale fund.—There is hereby established a fund, to be known as
the State compensation insurance fund, for the benefit of injured and the de
pendents of killed employees, which shall be administered in accordance with
the following provisions, without liability on the part of the State, beyond the
amount of said fund, constituted as provided in this act.
Six*. 123. Power of commission.—The commission is hereby vested with full
power, authority, and jurisdiction over the State compensation insurance fund,
and may do and perform any and all things, whether herein specifically de
signated or in addition thereto, which are necessary or convenient in the
exercise of any power, authority, or jurisdiction over said fund in the adminis
tration thereof under the provisions of this act, as fully and completely as the
governing body of a private insurance company might or could do, subject, how
ever, to all the provisions of this act.
Se-o. 124. Same.—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
TEXT OF LAWS— COLORADO
135
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 commission, and in that name,
without any other name or title, the commission may:
(а) Sue and be sued in all the courts of the State and in 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 ad
ministration, management, or conduct of the business or affairs relating thereto.
(б) Make and enter into contracts of insurance with employers as herein
provided, and such other contracts or obligations relating to the State com
pensation insurance fund as are authorized or permitted under the provisions
of this act; but the commission shall not, nor shall any officer or employee
thereof be personally liable in his private capacity for or on account of any
act done or omitted or contract or other obligation entered into or undertaken
in an official capacity, in good faith and without intent to defraud in con
nection with the administration, management, or conduct of the State compesation insurance fund, its business, or other affairs relating thereto.
(c)
Contract with physicians, surgeons, and hospitals for medical and sur
gical treatment, services, and supplies, crutches and apparatus, and the care and
nursing of injured persons entitled to benefits from said fund, and may contract
for medical, surgical, hospital, and nursing services and supplies in excess of
the amount and period otherwise limited herein, whenever said commission may
determine that the contracting of such extra medical, surgical, hospital, and
nursing services and supplies might tend to reduce the period of disability for
which said fund would be liable for the payment and compensation.
S ec . 125 (as amended 1928, ch. 201). Fund to be continuing.—The State
compensation insurance fund shall be a continuing fund and shall consist of
all premiums received and paid into said fund for compensation insurance, all
properly 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. Said fund shall be applicable to the
payment of losses sustained or liabilities incurred under the contracts or
policies of insurance issued by said State compensation insurance fund in
accordance with the provisions of this act.
Sec. 120. Classifications.—The commission shall from time to time classify
the places of employment of employers insured in the State compensation in
surance fund; into classes in accordance with the nature of the business in
which they are engaged and the probable hazard of risk of injury to their
employees. It shall determine the amount of the premiums which such em
ployers shall pay to said State compensation insurance fund, and may prescribe
in what manner such premiums shall be paid, and may change the amount
thereof both in respect to any or all of such employers, from time to time, as
circumstances may require and the condition of their respective plants, estab
lish mo.’Jts, or places of work in respect to the safety of their employees may
justify, but all such premiums shall be levied on a basis that shall be fair,
equitable, and just as among such employers.
Sec. 127. Subclasses.—It shall also be its duty to divide each of such classes
under said classifications into as many subclasses as may be necessary, upon
such terms and conditions as will enable it to determine the risks and fix the
rates of premium of the different employers in the same class of employ
ment, with respect to the conditions of said places of employment as regards
the several requirements upon which the rates of premium or risks are based
and determined, as provided in this act.
Sue. 128. Maintenance rates only.—It shall be the duty of the commission, in
the exercise of the powers and discretion conferred upon it by this act, ulti
mately to fix and maintain for each class and subclass of occupation the
lowest possible rates of premium consistent with the maintenance of a solvent
State compensation insurance fund, and the creation and maintenance of a
reasonable surplus after the payment of legitimate claims for injury and
death that may be authorized to be paid from the State compensation insur
ance fund for the benefit of injured and dependents of killed employees.
Siflc. 129. Basis of rates.— Such rates shall take no account of the extent to
which the employees in any particular establishment have or have not persons
dependent upon them for support, nor of whether such employees have de
pendents who are nonresidents of the United States, nor of whether such em
ployees are married or single, nor the age of any such employees. The rates so
136
W O RK M E N 'S COMPENSATION LAWS— UNITED STATES
made shall be that percentage of the pay roll of any employer which, on the
average, shall produce a sufficient sum:
(а) To carry all claims to maturity; that is to say, the rates shall be based
upon the “ reserve ” and not upon the “ assessment ” plan;
(б) To produce a reasonable surplus as provided in this act and to cover
the catastrophe hazard and to insure the payment to employees and their de
pendents of the compensation herein provided.
(<*) In determining the amount of reserve to be laid aside to meet deferred
payments according to awards, such reserve shall be ascertained by finding
the present worth of such deferred payments calculated at a rate of interest
not higher than 4 per cent per annum, and such calculations shall be made
according to a table of mortality not lower than the American Experience
Table of Mortality, and, in the discretion of the commission, by such other arid
further methods as will result in the establishment of adequate reserves.
S k c s . 180-186, 187 (as amended 1025, ch. 182), 138-146. General provisions
as to fund.— [Separate accounts are to be kept of the premiums collected and
disbursements made for each of the different classes and subclasses of occupa
tions or industries, also for each employer insured in the State fund; but the
fund for the State and its subdivisions is to be treated as a unit. Rates are
to be so levied as to make the fund neither more nor less than self-supporting.
A surplus is to be maintained, at least 10 per cent of the earned premiums to
be contributed thereto until $500,000 is accumulated. Classifications may be
amended, and no policy shall be in effect until the proper premium has been
actually paid. Earned premiums and losses are to be tabulated semiannually
with adjustments according to the showings made.
Policies in arrears for more than 20 days are subject to cancellation, and if
any disbursements have been made during the 20-day period, the amount so
paid may be collected in a civil action against the employer; but the employer
himself is primarily liable.
Semiannual payments are made by employers insured in the fund on the
basis of the annual pay roil, according to classification, rules, and rates made
by the commission. The same rule applies to the State and its subdivisions
as to private employers. Public ofiicials must cause sufficient funds to be
raised and appropriated to meet the premium expenditures required by the
commission. The keeping of the necessary records by public officials is pre
scribed to be audited and examined by the public examiner of the State at least
annually. Other provisions permit reinsurance for catastrophe hazard, make
the State treasurer custodian of the fund, authorize the investment of such
portions of the fund as are not needed for immediate use, require separate bond
by the treasurer as custodian of the insurance fund, authorize investigation of
the fund by the State insurance commissioner, provide penalties for misrepre
sentation of employers as to pay rolls, direct the preparation and supply of
necesssjry blanks by the commission, and the promulgation of classifications,
rates, and regulations fixed by it ]
CONNECTICUT
GENERAL STATUTES, 1918
C h apter
284.—Compensation of workmen for injuries
P a r t A — E m p l o y e r s * L ia b l l it y
S e c t io n 5339. Abrogation of defenses.—In an action to recover damages for
personal injury sustained by an employee arising out of and in the course of
his employment, or for death resulting from injury so sustained, it shall not
be a defense— (a) that the injured employee was negligent; ( b) that the in
jury was caused by the negligence of a fellow employee; (o) that the injured
employee had assumed the risk of the Injury.
Sec. 5340. Does not apply, when.—The provisions of section 5339 shall not
apply to actions to recover damages for personal injuries sustained by em
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 chapter in the
manner hereinafter prescribed.
P a r t B — W o r k m e n 's C o m p e n s a t io n
S ectio n 5341 (as amended 1919, ch. 142; 1921, ch. 301). Election of compensa
tion.—When any persons in the mutual relation of employer and employee
shall have accepted part B of chapter 284 of the general statutes the employer
shall not be liable to any action for damages on account of personal injury
sustained by an employee arising out of and in the course of his employ alent
or on account of death resulting from injury so sustained; but the employer
shall pay compensation on account of such injury in accordance with the
scale hereinafter provided, except that no compensation shall be paid when
the injury shall have been caused by the willful and serious misconduct of
the injured employee or by his intoxication. If an injury arises out of and
in the course of the employment it shall be no bar to a claim for compensa
tion that it can not be traced to a definite occurrence which can be located in
point of time and place. In any case of aggravation of a disease existing
prior to such injury, compensation shall be allowed only for such proportion
of the disability due to the aggravation of such prior disease as may reason
ably be attributed to the injury. The acceptance of part B of chapter 284
of the general statutes 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 said chapter, including the right, of jury
trial on all questions affecting compensation and all right of appeal from the
compensation commissioners except as hereinafter established.
Skcs. 5342, 5343 (both as amended 1919, ch. 142). Election.— [Contracts of
employment between employers of five or more employees are conclusively pre
sumed to include an acceptance of the provisions of part B of this chapter in the
absence of written stipulation in the contract or written or printed notice by
either party to the other. Employers of less than five workmen may accept the
provisions of the act by insuring as prescribed in section 5309, and the em
ployees will be presumed to accept in the absence of written notice to the
contrary to the employer and also to the commissioner having jurisdiction.
Change of election may be made in the same manner as original action, notices
to be effective 30 days after service.]
Sec. 5344. 'Nonacceptance.—Every employer not accepting part B shall be
linble to action for damages on account of personal injury to his employees in
accordance with the provisions of part A, and every employee not accepting
part B shall lose all rights and benefits of part A with reference to any em
ployer who continues to accept *part B.
137
138
WORKMEN’s COMPENSATION LAWS— UNITED STATES
Sec. 5845. Contractors.—When any principal employer procures any work to
be done, wholly or in part for him, by a contractor, or through him by a sub
contractor, and the work so procured to be done is a part or process in the
trade or business of such principal employer, and is performed in, on. or about
premises under his control, then such principal employer shall be liable to pay
all compensation under this chapter to the same extent as ils the work were
done without the intervention of such contractor or subcontractor.
Sec. 534(5 (as amended 1021, ch. 306). Liability of third parties.— [Where
a third party is liable for damages for the injury the employee may receive
compensation and also proceed in an action at law against such party; and an
employer may sue to recover an amount paid or awarded. If either party sues
he must notify the other, who may then jioin in the action, which failing, his
right to sue will abate wiihin 30 days. The employer paying or liable to pay
compensation has a prior claim to the extent of such liability on any recovery;
but any excess over such liability and costs goes to the employee. Neither party
can compromise without the assent of the other.
Compensation as here used includes medical, hospital and burial costs.]
Sec. 5347 (as amended 1019, ch. 142; 1921, ch. 306). Notice, medical, etc.,
aid.—Any employee who has sustained an injury in the course of his employ
ment shall forthwith notify his employer, or some person representing him, of
such injury; and on his faiiure to give such notice, the commissioner may reduce
the award of compensation proportionately to any prejudice which he shall
iind the employer has sustained by reason of such failure; but the burden of
proof with respect to such prejudice shall rest upon the wnployer. The em
ployer, as soon as he has knowledge of any such injury, shall provide a com
petent physician or surgeon to attend the injured employee, and, in addition,
shall furnish such medical and surgical aid or hospital service as such physician
or surgeon shall deem reasonable or necessary. In the event of the faiiure of
the employer promptly to provide such physician or surgeon or medical, sur
gical or hospital service, the injured employee may provide such physician or
surgeon or medical, surgical or hospital service at the expense of the employer;
or, at his option, the injured employee. may refuse the medical, surgical and
hospital service provided by his employer and provide the same at his own ex
pense. The commissioner may, when he finds that good reasons exist therefor,
authorize or direct a change of such physician or surgeon, or such hospital
service. If it shall appear to the commissioner that, an injured employee lias
refused to accept and failed to provide such reasonable medical, surgical, or
hospital service, all rights of compensation under the provisions of chapter 284
of the General Statutes shall be suspended during such refusal and failure.
The pecuniary liability of the employer for the medical, surgical, or hospital
service herein required shall be limited to such charges as prevail in the same
community or similar communities for similar treatment of injured persons of
a like standard of living wheu such treatment is paid for by the injured per
sons; but the liability of the employer for hospital service shall be the amount
it actually costs the hospital to render the service, said amount to be determined
by the commissioner. In the case of a seaman employed upon any enrolled
vessel of the United States and entitled, by the provisions of any law of the
United States, to medical or surgical aid or hospital service without charge,
such medical or surgical aid or hospital service may be substituted for that
provided for in this section so far as it may answer the requirements of the
I)rovisions of this section, but nothing herein shall excuse the employer in such
cases from giving emergency treatment when required; and any employer de
siring to take advantage of this provision shall ascertain that such services as
are provided for by the laws of the United States are rendered. If, after due
knowledge that an employee has suffered injury arising out of and in the
course of his employment, an employer has failed to provide medical care
promptly, and the injured employee has provided such medical care, then the
employer shall not compel the employee to change his physician, surgeon, or
hospital, except upon the order or approval of the commissioner.
Sec. 5348 (as amended 1919, ch. 142). Waiting time.—No compensation
shall be payable for total or partial incapacity under the provisions of chapter
284 of the general statutes on account of any injury which does not incapaci
tate the injured employee for a period of more than seven days from earning
full wages at his customary employment; but if incapacity extends beyond a
period of seven days compensation shall begin.at the expiration of the first
seven days of total or partial incapacity: Provided, If such incapacity extends
TEXT OF LAWS— CONNECTICUT
139
beyond a period of four weeks, compensation shall begin from the day of the
injury. In all contracts between parties subject to part B, the injured em
ployee shall be entitled to full wages, for the entire day of the injury and said
day shall not be counted as a day of incapacity.
S e c . 5849 (as amended 1919, ch. 142; 1921, ch. 806).
Death benefits.—
Compensation shall be paid on account of death resulting from injuries within
two years from date of injury as follows: (a) For burial expenses, .$100; (b)
to those wholly 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 the injury; (<•) in case there is no one wholly
dependent upon the deceased employee, to those partially 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 the
injury: Provided, The amount so paid shall not be more than $18 weekly,
nor lms than $5 weekly, nor if the average weekly sum contributed by the
deceased at the time of the injury to those partially dependent be more than
$5 weekly, not more than said sum so contributed; but the compensation
payable on account of death resulting from injuries shall in no case be more
than $18 or less than $5 weekly, and such compensation shall not continue
longer than 312 weeks after death. The compensation on account of death
payable under the provisions of chapter 284 of the general statutes 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 (luring
which such compensation is payable, it shall continue to be paid for the re
mainder of such period to the other dependents of the deceased employee as
defined in section 5888 of the General Statutes.
Keo. 5350. (as amended 1921, ch. 306). Dependents,—The following persons
shall be conclusively presumed to be wholly dependent for support upon a
deceased employee: (a) A wife upon a husband with whom she lives 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 support regularly; (c) any child under the age of IS years,
or over said age but physically or mentally incapacitated from earning, upon
the parent with whom he is living or from whom he is receiving support
regularly at the time of the injury of such parent, there being no surviving
doi>en<lent parent. In case there is more than one child thus dependent the
death benefit shall be divided equally among them. In all other cases, ques
tions of dependency 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 iwrson wholly dependent, the compensation in case of death shall
be divided equally among them, and persons partially dependent, if any, shall
receive no part thereof. If there is no person wholly dependent and more
than one person partially dependent, the compensation in case of death shall
be divided among them according to the relative degree of their dependence.
For the purpose of this chapter the dependence of a widow or widower of a
deceased employee shall be construed to terminate with remarriage, but upon
remarriage within the period during which such compensation is payable,
it shall continue to be paid for the remainder of such period to other de
pendents of the deceased employee, as defined in section 53S8 of the General
Statutes, provided there are any such dependents. The presumptive de
pendence of a child as hereinbefore defined, except a child physically or
mentally incapacitated from earning, shall be construed to terminate at the
age of 18 years. When the sole dependents as herein defined shall at the
time of the injury be nonresident aliens and the deceased shall have in this
State some person or persons who are dependent in fact, then the commis
sioner having jurisdiction may in his discretion equitably apportion the sums
payable as compensation to the dependents.
Sec. 5351 (as amended 1921, ch. 306; 1925, ch. 247). Total disability.—-It
the injury results in total incapacity to work, there shall be paid to the in
jured 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 $21 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 520 weeks. The following injuries of any person shall be considered as
causing total incapacity and compensation shall be paid accordingly: {a)
Total and permanent loss of sight in both eyes, or the reduction to one-tenth or
1965°— 26-------10
140
WOBKMEN *S COMPENSATION LAWS— UNITED STATES
l e s s of normal vision with glasses; (6) the loss of both feet at or above the
ankle; (o) the loss of both hands at or above the wrist; (d) the loss of one foot
at or above the ankle and one hand at or above the wrist; (e) any injury re
sulting in permanent and complete paralysis of the legs or arms or of one leg
and one arm; ( /) any injury resulting in incurable imbecility or insanity.
S*x\ 5852 (as amended 1019, ch. 142; i921, ch. 300; 1925, ch. 247). Partial
disability.—If any injury for which compensation is provided unde/ the pro
visions of said chapter 284 shall result in partial incaimeity, there shall be
paid to the injured employee a weekiy compensation equal to half the differ
ence between his average weekly earnings before the injury and the amount
he is able to earn thereafter. Such compensation shall in no case be more
than $21 weekly and shall continue during the period of partiul Incapacity,
but no longer than 520 weeks. If the employer procure for an injured employee
employment suitable to his capacity tho wages offered in such employment
shall be taken as the earning capacity of the injured employee. Willi respect
to the following injuries the compensation, in addition to the usual compensa
tion for total incapacity, but in lieu of all other payments for compensation,
shall be half of the average weekly earnings of the injured employee, but in
no case more than $21 or less than five dollars weekly: (a) For the loss of
one arm at or above the elbow, or the complete and permanent loss of the use
of one arm, 208 weeks; (ft) for the loss of one hand at or above the wrist,
or the complete and permanent loss of the use of one hand, 156 weeks; (c)
for the loss of one leg at or above the knee, or the complete and permanent
loss of the use of one leg, 182 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, 130 weeks;
(e) for the complete and permanent loss of hearing in both ears, 156 weeks;
(f) for the complete and permanent loss of hearing in one ear, 52 weeks, (g)
for the complete and permanent loss of sight in one eye, or the reduction in one
eye to one-tenth or less of normal vision with glasses, 104 weeks; (h) for the
loss of, or the complete and permanent loss of the use of, a thumb, 38 weeks;
( i) for the loss of, or the complete and permanent loss of the use of, a first
linger or a great toe, 38 weeks; (/) for the loss of, or the complete and perma
nent Loss of the use of, a second finger, 30 weeks; a third finger, 25 weeks; a
fourth finger, 20 weeks; (k) tor the loss of, or the loss of the use of, any toe
except the great toe, 13 weeks. The loss of, or the loss of the use of, one
phalanx of a thumb shall be construed as half of the loss of the thumb: the
loss of, or the loss of the use of, one phalanx of a finger shall be construed as
onc-third of the loss of the linger; the loss of, or the loss of the use of, two
phalanges of a finger shall be construed as two-thirds of the loss of the finger;
the loss of, or the loss of the use of, one phalanx of a great toe shall be con
strued as half of the loss of a great toe; and the loss of the greater part of
a phalanx shall be construed as the loss of a phalanx; and shall be compen
sated accordingly. In case the injury shall consists of the loss of a substantial
part of a member resulting in a permanent partial loss of use of the member,
or in case the injury results in a permanent partial loss of function, the com
missioner may, in his discretion, in lieu of other compensation, award to the
injured person such a proportion of the sum herein provided for the total
loss or loss of use of such member or for incapacity or both as shall represent
tho proportion of total loss or loss of use found to exist, and any voluntary
agreement submitted in which the basis of settlement is such proportionate pay
ment may, if otherwise conformable to the chapter, be approved by the com
missioner in Ids discretion. The word “ member” shall include all portions of
the human body referred to in subsections (a) to (fc) inclusive. In
ca«e of an injury to any portion of the body, referred to in subsections
(a) to (fc), inclusive, or to a phalanx or phalanges of the thumb, finger, or
toe. the commissioner may in his discretion, in the manner hereinbefore pro
vided, award compensation for the proportionate loss or loss of use of the
member of the body affected by such injury.
Sec. 5353 (as amended, 1919, ch. 142). Computation of earnings.—For the
purposes of said chapter, the average weekly wage shall be ascertained by
dividing the total wages received by the injured workman from the employer
in whose service he is injured during the 26 calendar weeks immediately pre
ceding 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 said employer: Provided, Iu 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. When the employment commenced
TEXT OF T.AWS— CONNECTICUT
141
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 compu
tation. When the employment, previous to injury as provided above, is com
puted to be less than a net period of two calendar weeks, then his weekly wage
shall be considered to be equivalent to the average weekly wage prevailing in
the same or similar employment in the same locality at the time of injury.
For the purpose of determining the amount of compensation to be paid in the
case of a minor under the age of 18 years who has sustained an injury entitling
him to compensation for total or partial incapacity for a period of 52 or more
weeks, or to specific indemnity for any of the injuries enumerated in sub
sections (a) to (k ), inclusive, or in any other portion following subdivision
(k ), of the preceding section, the commissioner may add 50 per cent to his
average weekly wage.
Sec. 5354. Advance payments.—In fixing the amount of any compensation
under this chapter due allowance shall bo made for any sum which the em
ployer may have paid to any injured employee or to the dependents on account
of tlie injury, except such sums as the employer may have expended or directed
to be expended for medical, surgical, or hospital service.
Sec. 5355. Review.—Any award of, or voluntary agreement concerning com
pensation made under the provisions of this chapter shall be subject to modifi
cation, upon the request of either party and in accordance with the procedure
for original determinations, whenever it shall appear to the compensation com
missioner that the incapacity of an injured employee has increased, decreased
or ceased, or that the measure of dependence, on account of which the com
pensation is paid, has changed, or that changed conditions of fact have arisen
which necessitate a change of such agreement or award in order properly to
carry out the spirit of this chapter. The commissioner shall also have the
same power to open and modify an award as any court of the State has to open
and modify a judgment of such court. The compensation commissioner
shall retain jurisdiction over claifhs for compensation, awards, and voluntary
agreements, for any proper action thereon, during the whole compensation
period applicable to the injury in question.
Secs. 5356 (as amended 1919, ch. 142), 5357. Commissioners.— [The act is to
be administered by five commissioners, one for each congressional district of
the State. Terms are five years, subject to removal by the governor for cause.
Offices are to be maintained at Hartford, Norwich, New Haven, Bridgeport, and
Waterbury. Each commissioner has power to hear and decide cases, adminis
ter oaths, summon witnesses, require the production of books and papers,
certify official acts, and, in general, all powers necessary for the administration
of the act.]
Sec. 5358 (as amended 1919, ch. 142). Regulations.—Acting together, the
commissioners shall have power to adopt and change such common rules,
procedure, and forms as they shall deem expedient for the purposes of said
chapter. Biennially the commissioners shall prepare and submit to the gover
nor a report of their doings, including such recommendations as they shall
think proper for the improvement of said chapter or its administration.
Secs. 5359 (as amended 1919, ch. 142), 5360 (as amended 1921, ch. 306),
5361 (as amended 1919, ch. 142), 5362, 5363 (as amended 1921, ch. 306), 5364,
5365-5366 (as amended 1919, ch. 142). Claims; procedure.— [Employers under
part B of the act must keep a record of injuries to their employees and report
the same to the commissioner in duplicate weekly or oftener if so directed,
together with such notices of claims for compensation as have been served
upon him within the week. Notice of claim must be submitted within one
year from the date of the injury, unless for due cause shown the period is
extended not beyond two years. If there has been a hearing or a written
request for a hearing or an assignment for a hearing within one year from
the date of the injury, or a voluntary agreement submitted within that time,
no want of notice claimed shall be a bar to the maintenance of proceedings;
nor shall defects or inaccuracies invalidate the claim unless the employer
shows that he was ignorant of the injury and was prejudiced thereby.
If the parties reach an agreement between themselves in regard to com
pensation and such an agreement, together with a statement of facts, is sub
mitted by the employer to the commissioner and he approves* such agreement
shall be filed in the office of the clerk of the superior court of the county and is
thereafter binding upon both parties as an award by the commissioner. Before
payments are discontinued on account of total or partial incapacity under
142
WOBKMEN *8 COMPENSATION LAWS— UNITED STATES
such an agreement, if the injured person claims that his incapacity continues,
the employer must notify the commissioner ancl the employee of discontinuance
and the reason therefor, and until such notices are furnished the liability
for such a payment shall continue unless otherwise ordered by the com
missioner.
Persons claiming or receiving compensation must, on the reasonable request
of the employer or at the direction of the commissioner, submit to a medical
examination at which the injured employee may have his own physician in
attendance. Refusal to submit to a reasonable examination suspends the
right to compensation. In case of failure to agree, the commissioner shall,
upon notice, or upon his own knowledge, appoint a hearing, giving notice to
the parties with opportunity to make proper preparation for attendance at
the place appointed, which shall be convenient to the injured employee. Ap
pearance may be in person or by attorney or other accredited representative.
The hearing shall be informal, and as far as possible, in accordance with the
rules of equity, the purpose being to ascertain substantial rights and carry
out justly the spirit of the act. No fees except the cost of certified copies
of testimony, awards, etc., shall be charged. Witnesses subpoenaed by the
commissioner are allowed fees and traveling expenses to be paid by the party
in whose interest they are subpoenaed. The award made and filed in the office
of the clerk of the superior court of the county is final unless appealed from
within 10 days, and may be the basis of execution as in case of judgments ren
dered in the court. If payments are delayed unduly, interest at 0 per cent may
be added to the award. If there has been delay without fault or neglect, caused
by appeals or otherwise, a reasonable interest may be allowed not. to exceed
0 per cent per annum. Appeals may be brought: within 10 days, and are
privileged in resect of assignment for trial. Other provisions relate to
costs, which are reduced to a minimum unless it appears that an appeal is
frivolous or for purposes of vexation or delay. Notice is to be given the
commissioner from whose award the appeal is taken, and of the final dis
position of the case.]
S kc . 5367. Lump sums.— [The commissioner may commute weekly payments
into monthly or quarterly payments or into a single lump sum if found just
or necessary, based on the present worth of payments due in the future.
Lump sums may be paid into a savings bank or other repository to be held
in trust for the beneficiary or beneficiaries under the act..]
Skc. 5368. Substitute schemes.— [With the approval of the State insurance
commissioner a compensation system in lieu of that provided by this chapter
may be agreed upon by employer and his employees. It must confer at least
equivalent benefits, and membership therein must not be a condition of employ
ment. If contributions are required, added benefits commensurate therewith
must be provided. Equitable provision must be made for withdrawal and the
distribution of assets.]
Ke c r . 5369-5371. Insurance.— [Employers subject to part B who do not fur
nish satisfactory proof of solvency and ability to make direct payments of
benefits must file an acceptable security guaranteeing the performance of the
obligations of this chapter or insure in an authorized stock or mutual com
pany, or the methods may be combined. Policies must state that as between
the employee and the insurer notice and knowledge of the injury by the em
ployer shall be deemed notice and knowledge by the company, and that the
latter accepts the jurisdiction of the employer for th*> purposes of the act
The policy must cover the entire liability of the employer and provide for
the direct enforcement of the claimant’s right to compensation in case the
employer becomes Insolvent or bankrupt during the period that the policy is
in oj>eration. No limit is placed upon the power of an employer of less than
five employees to insure against such liability as he may incur by reason of
employing a larger number of employees at irregular intervals.]
Sec. 5372. Waivers.—No contract, expressed or implied, no rule, regulation,
or other device shall in any manner relieve any employer, in whole or in part,
of any obligation created by this chapter, except as herein set forth.
Sec. 5373. Incompetents.—When any employee affected by the provisions of
this chapter, 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 con
ferred by the provisions of this chapter with the same effect as if such person
were legally capable to act in his own behalf and bad so acted. The commit
TEXT OP LAWS— CONNECTICUT
143
sioner may, for just cause shown, authorize or direct the payment of compen
sation directly to a minor, or to some person nominated by the minor and
approved by the commissioner, which person shall act in behalf of such minor.
Sec. 6374. Fees.—All fees of attorneys, physicians, or other persons for serv
ices under this chapter shall be subject to the approval of the commissioner.
S e c . 5375. Status of payments.—All sums due for compensation under the
provisions of this chapter shall be exempt from levy, attachment, and execu
tion and shall be nonassignable before or after award. The rights of com
pensation granted by this chapter, reckoned at their present value, shall have
the same preference against the assets of an employer as may be allowed by
law to* a claim for the unpaid wages of workmen earned within three months.
Sec. 5370. Mode of payment.—Compensations payable under this chapter
r,liall 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.
Sec. 5377. Notice.—Any notice under this chapter required to be served upon
employer, employee, or commissioner may be served in the manner prescribed
in section 5343. unless the circumstances of the case of the rules of the com
mission shall direct otherwise.
Sec. 5378. Duty of town clerks.—The town clerks of the several towns are
authorized and directed to receive from the commission such blank forms as
may be prepared for use under this chapter and to distribute the same to
persons making proper application for them.
Sec. 5379. Interstate commerce.—This chapter shall not affect the liability
of employers to employees 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.
Sec. 5380 (as amended 1921, ch. 300). Default in insurance.— [Where an
employer fails to maintain insurance, an injured employee may either claim
his right to compensation or sue for damages. The same option may be exer
cised by dependents, and in the event of their failure to agree upon the election
the commissioner shall decide. The option must be exercised within six
months and action brought within one year. In the absence of notice to the
employer only the right to compensation remains. Where an employer has
accepted the provisions of the act and thereafter fails to conform thereto he
is subject to a fine of not more than $100 for each such failure.]
Sec. 5381 (as amended 1919, ch. 142). Certificates.— [Employers who have
made arrangements for substitute schemes, or secured payments by insurance
or otherwise as herein provided may file in the office of the commissioner hav
ing jurisdiction of any case of injury a certificate to that effect, issued by the
commissioner of insurance, which certificate shall then become a part of the
records of the office of the compensation commissioner.]
Sec. 5382. Attachments.— LPersons submitting compensation claims may ask
for a writ of attachment to secure their payment, and unless it appears that
the employer has secured their payment by insurance or otherwise the writ
will issue, and will be dissolved on the showing of compliance and the payment
of the expenses incurred, the commissioner having authority to dissolve such
attachments.]
Sec. 5383 (as amended 1918, ch. 142). Reference to supreme court.— [Pro
vision is made for submission to the supreme court by the superior court of all
questions of law held not to be free from reasonable doubt, which the public
interest requires shall be determined. In the meantime a pro forma award
may be made on the facts. Self insurers found dilatory in adjusting claims
or making payments, or otherwise failing to comply with the provisions of the
chapter and the rules of the commission may have their certificates revoked,
regardless of questions of solvency and financial conditions.]
Sec. 5384. Defective employees.—Whenever any person having a contract of
employment, or desiring to enter into a contract of employment, shall
have any physical defect which imposes upon his employer or prospec
tive employer an undue or unusual hazard, it shall be permissible for such
person to waive in writing for himself or his dependents, or both, any
rights to compensation under the provisions of this chapter for any per
sonal injury arising out of and in the course of his employment which may be
found by the commissioner having jurisdiction to be directly due to such phy
sical defect. No such waiver shali become effective unless the physical defect in
question shall be plainly described therein, nor until the commissioner having
144
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
Jurisdiction shall find that the person signing such waiver fully understands
the meaning thereof, nor until such commissioner shall, in writing, approve
thereof and furnish each of the parties thereto with a copy thereof. No such
waiver shall be a bar to a claim by the person signing the same, or his de
pendents, for compensation for any injury arising out of and in the course
of his employment, which injury shall not be found to be directly due to the
particular condition described therein.
Sec. 5385 (as amended 1919, ch. 142). Insurance companies.— [Insurance
companies found dilatory in investigating or adjusting claims and making pay
ments or complying with the law. etc., may. after hearing with due notice, have
their licenses revoked by action of the compensation commissioners or a
majority of them. This section contains also a provision as to the revoking
of the authority of self insurers by action of the commissioners or a majority
of them, similar to the provisions of section 5383. ]
Sec. 5386. Fees and expenses.—Whenever any fees or expenses are, under
the provisions of this chapter, to be paid by the employe)* or insurer, and not
by the employee, the commissioner may make an award directly in favor of
the person entitled, which award shall be filed in court, shall be subject to
appeal, and shall be enforceable by execution as in other cases. Such award
may be combined with an award for condensation in favor of or against the
injured employee or the dependent or dependents of a deceased employee or
be the subject of an award covering only such fees and expenses.
Sec. 5387 (as amended 1921, ch. 148). Digest of decisions.— [This section
provides for the compilation and distribution of decisions of the compensation
commissioners and the courts on questions of compensation. I
Sec. 5388 (as amended 1921. ch. 306). Definitions.—Terms in said chapter
are defined as follows: “ Commissioner ” shall mean that compensation com
missioner who has jurisdiction in the matter referred to in the context.
Com
mission ” shall mean the five commissioners, 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
employee at the time of the injury. “ Employee" shail mean any person who
has entered into or works under any contract of .service or apprenticeship with
an employer, whether such contract contemplated the performance of duties
within or without the State, and shall also include any salaried officer or paid
member of any police department or fire department of any municipal corpora*
tion in the State, irrespective of the manner in which he is api>ointed or em
ployed, which provision shall not be construed as affecting any existing rights
as to pensions which such persons or their dependents may now have, or as
preventing any existing custom of paying the full salary of any such person
during disability due to injury arising in the course of and out of his employ
ment; but said term shall not be coustrued to include either (a) an outworker,
or (b) one whose employment is of a casual nature, and who is employed
otherwise than for the purposes of the employer’s trade or business, or (c) a
member of the employer's family dwelling in his house: Provided, If in any
contract of insurance the wages or salary of a member of the employer’s family
dwelling in his house is included in the pay roll on which the premium is based,
then such person shail, in the event of his sustaining an injury arising out of
and in the course of his employment, be deemed an employee and compensated
accordingly. “ Employer” shall mean any person, corporation, firm, partner
ship, voluntary association, joint-stock association, the State, and any public
corporation within the State using the services of another for pay; it shall
include also the legal representatives of any such employer. “ Outworker ”
shall mean any person to whom articles or material are given to be treated in
any way on premises not under the control or management of the person who
gave them cut. The word “ injury,” as the same is used in said chapter, shall
be construed to include any disease which is due to causes peculiar to the occu
pation and which is not of a contagious, communicable, or mental nature.
Singular terms may be taken to include the plural and plural the singular, and
masculine terms to include males, females, and legal persons, as the natural
interpretation of the context may require.
Sec. 5389. [Repealed.]
Sec. 5390. Provisions severable.—In case any provision of this chapter shall
be held by the courts to be unconstitutional and invalid, the invalidity of such
provision shall not affect any other provision which can be given effect with
out the provision held invalid.
TEXT Otf LAWS— CONNECTICUT
145
P art O—E mployers’ Mutual I nsurance
S e c t i o n s 5891- 5402. Mutual associations.— [Employers under part B may,
with tlie approval of the insurance commissioner, and in accordance with the
law on the subject of corporations without capital stock, organize mutual asso
ciations to insure their liabilities under this chapter; but such associations
may not include employers not in the same or similar trades or business or
with substantially similar degrees of hazard of injury to employees. Provi
sions as to when policies may issue, organization of rules for safety, power to
fix premiums, questions of assessment, investment, and general regulations are
provided for.]
Part D—Workmen’ s Compensation I nsurance
Sections 5403-5409, 5414 (as amended 1919, ch. 142). Effect of contracts,
validity, etc.; duty of insurance companies.— [This part declares a contract of
insurance between an employer and an insurer to be a contract for the benefit of
an employee injured under or within the terms of the act. Policies must provide
for direct and primary liability to the employee or his dependents. Provision
is made for hearings and awards; the latter may be directly against the em
ployer or the insurer or both, and enforceable in all respects as against the
employer. No question may be raised by the insurance company against an
employee as to breach of warranty, coverage, or misrepresentation by the
employer; nor shall misrepresentation not materially affecting the acceptance
off the risk or the hazard assumed by the company vitiate such policy. Forms
of policies must be approved, and reports must be made by insurance com
panies as to persons insured, the policies, etc. An employer knowingly mak
ing a material misstatement to the damage of the insurer is liable in just
damages resulting therefrom.]
ACTS OF 1919
Chapter 251.—Claims of injured workmen against the State
Section 1. Compensation for State employees.—It shall be the duty of any
compensation commissioner, immediately upon receiving from any department
of the State notice .by any employee of said department, of claim for com
pensation, serve a copy of such notice by mail upon the attorney general, and
the awards of the commissioners shall be paid from the funds of the State
appropriated by the general assembly for such purpose.
DELAWARE
ACTS OF 1917
Chapteu 233.—Compensation of workmen for injuries
New article.—Chapter 90 of the Revised Code of the State of Delaware is
hereby amended by adding a new article thereto entitled “ Masters, apprentices,
and employees—Article 5—The Delaware workmen’s compensation law of
1917,” and the following new sections to be styled as 3193 a, section 94, to
3193 xx, section 143, inclusive.
3193a. Section #4. Title.—This act shall be called and cited as “ The Dela
ware workmen’s compensation law of 1917,*’ and shall apply to all accidents
occurring within this State, irrespective of the place where the contract of
hiring was made, renewed, or extended, and shall not apply to any accident
occurring outside of this State.
3193 b. Sec. 95. Defenses abrogated.—In any action instituted by any person
whatsoever on or after the 1st day of September, A. D. 191?, to recover dam
ages for personal injury sustained by an employee by accident arising out of
and in the course of his employment within this State on or after said date, or
for death resulting from injury so sustained, it shall not be a defense—
(a) That the injury or death was caused in whole or in part by the want of
ordinary or reasonable care of, or by the negligence of, a fellow employee; or
(b) That the employee had either expressly or impliedly assumed the risk
of the injury; or
(c) That injury was caused in any degree by the negligence of such em
ployee ; but the foregoing provisions of this section shall not apply to an action
instituted by any person whatsoever to recover damages for injuries to or
death of an employee who shall have elected not to operate under the compen
satory provisions of the subsequent sections of this article, nor to an action
instituted against any employer to recover damages for injuries to or death
oi an employee, when such employer shall have elected to operate under the
compensatory provisions of the subsequent sections of this article: Provided,
however, That when both the employer and the employee shall have elected not
to operate under the compensatory provisions of the subsequent sections of
this article, then and in such case the employ**.* shall be deprived of the right
of interposing the defenses mentioned in this section tho same as though he
alone had rejected the terms or the subsequent sections of this article.
3193 e. Sjcc. 9(>. Plaintiff to show status.—In any action at law contemplated
by the last preceding section the plaintiff shall be required to lile with his
declaration or other first pleading a certificate of the industrial accident board
showing the status of the injured employee and his employer at the time of
the injury, with respect to election or refusal of the employee and employer
to be bound by the compensatory provisions of this article.
3193 d. Sec. 97. Election prcmimvd.—Every employer and employee shall be
conclusively presumed to have elected to be bound by the compensatory provi
sions of this article and to have accepted the provisions of this article, respec
tively, to pay and to accept compensation for personal injury or death by acci
dent arising out of the course of the employment, regardless of the question of
negligence, and to the exclusion of all other rights and remedies, unless, prior to
such injury or death, either party shall have given notice to the other party
in the time and manner hereinafter specified. A like presumption shall exist
in the case of all minors employed unless the notice above referred to be given
by or to the parent or guardian of such minor. Every election to be bound
by the compensatory provisions of this article shall be conclusively presumed
to be coextensive with the contract of hire between the employer and employee.
3193 e. Sec. 98. Waivers.—Either an employer or an employee who has
excepted himself, by proper notice, from the operation of the compensatory pro
visions of this article may at any time waive such exemption and thereby
accept the compensatory provisions of this article by giving the notice provided
in 3193 f, section 99, hereof.
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TEXT OF LAWS— DELAWABB
147
3193 f. Sec. 99. Notice of rejection.— [Employers desiring not to be bound
by the act or to waive rejection, may post notices in conspicuous places in
their plants or serve notice personally on their employees, filing an affidavit
with regard thereto with the industrial accident board. Employees may reject
or waive prior rejection by notice in writing to the employer, also filing an
affidavit as to such notice with the board. Such notice to be effective must
be given 30 days before the injury or death, except notices given at the time
of employment. Acceptance by both parlies constitutes a surrender of any
other form of compensation or damages for injury.]
3193 g. Sec. 100. Waivers.—No agreement, rule, regulation, or other device
shall in any manner operate to relieve any employer or employee in whole
or in part from any liability created by this article, except as herein specified.
3103 h. Se<;. 101 (as amended 1919, ch. 203; 1921, ch. 186). Waiting lime;
medical aid, ctc.— (a) No comiiensation shall be paid 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, coml>eiisation shall begin on the fifteenth day after such incapacity: Provided,
however, That if such incapacity continues for four weeks or longer, such com
pensation shall be computed from the date of incapacity.
(6)
During the first 30 days after the injury the employer shall furnish
reasonable surgical, medical, and hospital services, medicines, and supplies
as and when needed, unless the employee refuse to allow them to be furnished
by the employer. The cost of such services, medicines, and supplies shall not
exceed $100.
If the employer shall, upon application made to him, refuse to furnish rea
sonable surgical, medical, and hospital services, medicines, and supplies, the
employee may procure the same and shall receive from the employer the rea
sonable cost thereof within the above limitations.
(c) Upon application made to the industrial accident board by the injured
employee or some one on his behalf the board may, in its discretion, require
the employer to furnish additional surgical, medical, and hospital services,
medicines, and supplies, as and when needed, for such further period as it
shall deem right and proper. The charges for such additional surgical, medi
cal, and hospital services, medicines, and supplies shall not exceed the rates
regularly charged to other individuals for like services and supplies: Providedt
however, The industrial accident board shall at all times have jurisdiction te
determine, and shall determine, the character of service and supplies to be
furnished.
(d) If any person, firm, or corporation charged with the payment of the
above-mentioned surgical, medical, and hospital services, medicines, and sup
plies, and the person, firm, or corporation to whom the same are due and pay
able, fall to reach an agreement in regard to said charges, either party may
notify the industrial accident board of the facts, and the said beard shall
thereupon, after notice of the time and place of hearing, sent by registered
mail to all parties in interest, hear and determine the matter and notify such
parties of its conclusions.
(r) If the employee shall refuse reasonable surgical, medical, and hospital
services, medicines, and supplies tendered to him by his employer, he shall
forfeit all right to compensation for any injury or any increase in his incapac
ity shown to have resulted from such refusal.
3193 i. Skc. 102. Funeral, ctc., expenses.—.If death results from the injurj'
within one year, the employer shall pay the reasonable expenses of the last
sickness and burial of an injured employee, not exceeding $100, but without
deduction of any amount theretofore paid for compensation or for medical
expenses.
3193 j. Sec. 103 (as amended 1919, ch. 203; 1921, ch. 186). Compensation.—
Tiie following schedule of compensation is hereby established for injuries
resulting in total disability:
(a)
For the first 475 weeks of total disability, 50 per cent of the wages of
the injured employee as defined by this aci as amended; but the compensation
shall not be more than $15 per week nor less than $5 per week, and shall not
exceed in the aggregate the sum of $4,000: Provided, That if at the time of
injury, the employee receives wages of less than $5 per week, then he shall
receive the full amount of such wages per week as compensation. Nothing
in this paragraph (a) shall require the payment of compensation after dis
ability shall cease. Should partial disability be followed by total disability,
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COMPENSATION LAWS----UNITED STATES
tlio period of 475 weeks mentioned in this paragraph (a) of this section shall
be reduced by the number of weeks during which compensation was paid for
such partial disability.
(ft) For disability for work partial in character (except the particular
ruses mentioned in the next succeeding subsection (c) of this section), 50
per cent of the difference between the wages received by the injured employee
before the injury and the earning power of the employee thereafter, but such
compensation shall not be more than $15 ]>er week. This compensation shall
be paid during the period of such partial disability for work; not, however,
beyond 285 weeks. Should total disability for work be followed by partial
disability for work, the period of 285 weeks mentioned in this subsection (ft)
shall be reduced by the number of weeks during which compensation was paid
for such total disability.
(e) For all permanent injuries of the following classes, the compensation,
. regardless of the earning power of such injured employee after such injury,
shall be «s follows:
For the loss of a hand, 50 per cent of wages during 158 weeks.
For the loss of an arm, 50 per cent of wages during 194 weeks.
For the loss of a foot, 50 per cent of wages during 135 weeks.
For the loss of a leg, 50 per cent of wages during 194 weeks.
For the loss of an eye, 50 per cent of wages during 113 weeks.
For the loss of two or more of such members, not constituting total dis
ability, 50 per cent of wages during the aggregate of the period specified for
each.
For the loss of a thumb, 50 per cent of wages during 60 weeks.
For the loss of a first finger, commonly called index finger, 50 per cent of
wages during 35 weeks.
For the loss of a second linger, 50 per cent of wages during 30 weeks.
For the loss of a third finger. 50 per cent of wages during 20 weeks.
For the loss of a fourth finger, commonly called little finger, 50 per cent
of wages during 15 weeks.
The loss of the first phalange of the thumb or of any finger shall be con
sidered to be equal to the loss of one-half of such thumb or finger, and com
pensation shall be for one-half of the period, and compensation for the loss
of one-half of the first phalauge shall be for one-fourth of the period.
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, 50 per cent of wages during 30 weeks;
For the loss of one of the toes, other than a great toe. 50 per cent of wages
during 10 weeks:
The loss of the first phalange of any toe shall be considered to be equal to
the loss of one-lialf of such toe. and compensation shall be for one-half of the
period.
The loss of more than one phalange shall be considered as the loss of the
entire toe.
For the loss of a fractional part of the vision of an eye the compensation
shall be for such percentage of the total number of weeks allowed for the
total loss of the use of an eye under this subsection (e) as the loss suffered
bears to the total loss of an eye.
In all other cases in this class, or when the usefulness of a member or any
physical function is permanently impaired, the compensation shall bear such
relation to the amount stated in the above schedule as the disabilities bear
to those produced by the injuries named in the schedule.
Unless the board shall otherwise determine from the facts, the loss of both
hands or both arms, or both feet, or both legs, or both eyes, or an injury to
the spine resulting in permanent and complete paralysis of both legs, or both
arms, or of one leg and one arm, or an injury to the skull resulting in incurable
imbecility or insanity, shall constitute total disability for work, to be compen
sated according to the provisions of subsection (a) of this section. Amputation
between the elbow and the wrist shall be considered as the equivalent of the
loss of a hand, and amputation between the knee and ankle shall be considered
q s the equivalent of the loss of a foot.
Amputation at or above the elbow shall
be considered as the loss of an arm, and amputation at or above the knee shall
be considered as the loss of a leg. Total loss of the use of a hand, arm, foot.
TEXT OF LAWS— DELAWARE
149
leg, or eye shall be considered as the equivalent of the loss of such hand, arm,
foot, leg. or eye.
This compensation shall not be more than $15 per week, nor less than $5
pet* week: Provided, That, if at the time of injury, the employee receives wages
of less than $5 per week, then he shall receive the full amount of such wages
per week as compensation.
*i ) Should the employee die as a result of the injury, the period during
which condensation shall be payable to his dependents under the next suc
ceeding section shall be reduced by the period during which compensation was
paid to him in his lifetime under this section of this article. No reduction
shall be made for the amount which may have been paid for medical, surgical,
and hospital services, and medicines, nor for the expenses of last sickness and
burial as hereinbefore provided. Should the employee die from some other
cause than the injury as herein defined, the liability for compensation, expenses
of last sickness, and burial of such employee shall cease.
3193 k. S ec. 104 (a s am ended, 1919, ch. 203). Benefits; distribution of.—In
ca^e o f death, com pensation shall be computed on the follow in g basis and dis
tributed to the follow in g p erson s:
1. To the child or children, if there be no widow nor widower entitled to
compensation, 25 per cent of wages of deceased, with 10 per cent additional for
each child in excess of two, with a maximum of 60 per cent, to be paid to
their guardian.
2. To the widow or widower, if there be no children, 25 per cent of wages.
3. To the widow or widower, if there be one child, 40 per cent of wages.
4. To the widow or widower, if there be two children, 45 per cent of wage*.
5. To the widow or widower, if there be three children, 50 per cent of wages.
6. To the widow or widower, if there be four children, 55 per cent of wages.
7. To the widow or widower, if there be five children or more, 60 per cent
of wages.
Such compensation to the widow or widower shall be for the use and benefit
of such widow or widower and of the dependent children, and the industrial
accident board may from time to time apportion such compensation between
them in such way as it deems best. The industrial accident board, in its dis
cretion, may require payments to be made direct to a minor who has been
injured, and may also require payments to be made to the person caring for any
dependent minor, when, in the opinion of the industrial accident board, the
expense of securing the appointment of a guardian would be disproportionate
to the amouut of compensation payable to such minor.
8. If there be neither widow, widower, nor children, then to the father and
mother, or the survivor of them, if dependent to any extent upon the employee
for support at the time of his death, 20 per cent of wages.
9. If there be neither widow, widower, children, nor dependent parent, then
to the brothers and sisters, if actually dependent to any extent upon the deco
dent for support at the time of his death, 15 per cent of wages for one broilier
or sister, and 5 per cent additional for each additional brother or sister, with
a maximum of 25 per cent; such compensation to be paid to their guardian.
Compensation shall be payable under this section to or on account of any
child, brother, or sister, only if and while such child, brother, or sister, is under
the age of 16 years. No compensation shall be payable under this section to a '
widow, unless she was living with her deceased husband at the time of his
death or was then actually dependent upon him for support, but in such case,
compensation shall be distributed to the persons who would be dependents in
case there were no widow. No compensation shall be payable under this section
to a widower, unless he be incapable of self-support at the time of his wife's
death, and bo at such time dependent upon her for support.
The terms “ child ” and “ children ” shall include stepchildren and adopted
children and children to whom the deceased stood in loco parentis, if members
oi: the decedent’s household at the time of his death, and shall include post
humous children, but shall not include married children.
Should any dependent of a deceased employee die, or should the widow or
widower remarry, or should the widower become capable of self-support, the
right of such dependent or such widow or widower to compensation under this
section shall cease.
If the compensation payable under this section to or on account of any per
son shall for any cause cease, the compensation of the remaining persons
entitled thereunder shall thereafter be the same as would have been payable
150
WOBKMEN's COMPENSATION LAWS— UNITED STATES
to them had they been the only persons entitled to compensation at . the time
of the death of the deceased: Provided, however, That the period shall be re
duced by the number of weeks during which payments were made to the
deceased or to any other person or class of persons entitled.
The wages upon which death compensation shall be based shall not in any
case be taken to exceed $30 per week nor to be less than $10 per week. Sub
ject to the provisions of subsection (d) of the last preceding section, this
compensation shall be paid during 285 weeks, and in the case of children
entitled to compensation under this section the compensation of each child
shall continue after such period of 285 weeks until such child shall reach
the age of 16 years, at the rate of 15 per cent of wages if there be but one
child, with 10 per cent additional for each additional child, with a maximum
of 60 per cent. Children are not entitled to compensation during the period
that compensation is payable to their mother or father, except as herein
provided.
3393 1. S ec. 105. Xoticc of accidents.—Unless the employer shall have actual
knowledge of the occurrence of the injury, or unless the employee or some one
on his behalf, or some of the dependents, or some one on their behalf, shall
give written or printed notice thereof to the employe^ within 14 days after the
accident, no compensation shall be due until such notice be given or knowledge
obtained. If such notice be given or the knowledge obtained after 14 days, but
within 30 days after the accident, the delay shall not bar compensation unless
the employer shall show that he was prejudiced thereby, and then only to the
extent of such prejudice. If such notice be given or the knowledge obtained
after 30 days, but within 90 days after the accident, and if the employee or
other beneficiary shall show that his delay in giving notice was due to his
mistake or ignorance of fact or of law, or to his physical or mental inability, or
to fraud, misrepresentation, or deceit, of the employer or some one authorized
to represent such employer, or to any other reasonable cause or excuse, then
compensation shall be allowed, except to the extent that the employer shall
show that he was prejudiced by such delay. Unless knowledge be obtained or
such notice given within 90 days after the accident no compensation shall be
allowed.
The notice referred to in this section shall be in writing and shall be sufficient
to inform the employer that a certain employee, by name and residence, received
an injury by accident (the character of which is described in ordinary lan
guage), arising out of and in the course of his employment on or about a time
specified and at or near a place specified.
3193 m. Sec. 106. Medical examinations.— [Standard provisions as to sub
mission and presence of own physician. Wages and traveling expenses must be
reimbursed for all examinations after the first. Refusal or obstruction deprives
of compensation absolutely for the period covered thereby. Facts learned by
physicians attending or examining injured employees are not privileged.]
3193 n. Sec. 107. Agreement*.—If the employer and the injured employee, or
his dependents in case of his death, reach an agreement in regard to compensa
tion in accordance with the provisions of this article, a memorandum of such
agreement, signed by the parties in interest, shall be filed with the industrial
accident board, and if approved by it shall be deemed final and binding unless
modified as provided in 3193 p, section 109. Such agreement shall be approved
by said board only when the terms thereof conform to the provisions of this
article.
3193 o. Sec. 108. Notice of disagreement.—If the employer and the employee,
or his dependents in case of his death, fail to reach an agreement in regard to
compensation under this article, or if, after they reach such an agreement, the
industrial accident board shall refuse to approve the same, either party may
notify the industrial accident board of the facts, and the said board shall there
upon, after notice of the time and place of hearing served on all parties in
interest, hear and determine the matter in accordance with the facts and the
law and state its conclusion of fact and rulings of law.
3193 p. Sec. 109. Review.—On the application of any party in interest on the
ground that the incapacity of the injured employee has subsequently ter
minated, increased, diminished, or recurred, or that the status of the dependent
lias changed, the board may at any time, but not oftener than once in six
mouths, review any agreement or award, and oi> such review may make au
award ending, diminishing, increasing, or renewing the compensation previously
agreed upon or awarded and designating the persons entitled thereto, subject to
TEXT OF LAWS— DELAWARE
151
the provisions of this article, and shall state its conclusions of fact and rulings
of law and immediately send to the parties a copy of the award, but this section
shall not apply to a commutation of payments under 8193 t, section 118.
3.193 q. S ec . 110 (as amended 1921, ch. 180), 3193 r. S ec. I l l (as
amended 1919, ch. 203). Procedure.— [The board is to make necessary
inquiries and investigations, hold its hearings in a reasonable place, file awards,
and furnish copies thereof to the parties. The superior court of the State is
to make rules and provide for the obtaining of evidence outside the State.
Subpoenas run throughout the State.
In the absence of fraud, awards are final except as provided in 3193 p. sec.
109, unless an appeal is taken to the superior court within 10 days after a copy
is sent to the parties. The court decides from the record, without a jury, and
may reverse, affirm, modify, or remand for rehearing. No deposit of costs
will be required, but costs may be awarded in the discretion of the court.
The court, on hearing an appeal, may appoint impartial physicians or surgeons
to examine the claimant, fix their compensation, and tax the same as costs.
Physicians’ reports are not to be conclusive of facts, but advisory only.]
3198 s. S ec . 112 (as. amended 1919, ch. 203). Alien beneficiaries.—Com
pensation under this article to alien dependent widows and children not
residents of the United States, shall be one-half of the amount provided in
each case for residents; and the employer may at any time commute all future
iiastall ments of compensation payable to alien dependents, not residents of the
United States, by paying to such alien dependents the then value thereof cal
culated in accordance with the provisions of 3193 t. section 1.13 of the act to
which this in an amendment. Alien widowers, parents, brothers, and sisters,
not residents of the United States, shall not be entitled to any compensation.
Nonresident alien dependents may be officially represented by the consular
officers of the nation of which such alien or aliens may be citizens or subjects,
and in sucli cases, the consular officers shall have the right to receive for
distribution to such nonresident alien dependents, all compensation awarded
hereunder, and the receipt of such consular officers shall be a full discharge
of all sums paid to and received by them.
8193 t. Sec. 113. Lump sums.—The condensation contemplated by this arti
cle may be commuted by said industrial accident board at its present value
when discounted at 5 per cent interest, with annual rests, disregarding (except
in commuting payments due under subsection (a) 3193 j, sec. 103, of this
article) the probability of the beneficiary’s death, upon application of either
party, with due notice to the other, if it appear that such commutation will
be for the best interest of the employee or the dependents of the deceased
employee, or that it will avoid undue expense or undue hardship to cither
party, or that such employee or dependent has removed or is about to remove
from the United States, or that the employer has sold or otherwise d’sposed of
the whole or the greater part of his business or assets.
Upon paying such amount the employer shall be discharged from all further
liability on account of the injury or death. Commutation shall not be allowed
for the purpose of enabling the injured employee or the dependents of a
deceased employee to satisfy a debt (other than a mortgage upon his or their
home or household furniture, created before the accident)
8193 u. S ec . 114 (as amended 1919, ch. 203). Deposits.— [Where the amount
of future payments awarded or agreed upon is certain, a sum equal to all
future installments may be deposited with a savings bauk or trust company
for disbursement, relieving the employer from further liability. If any sum
remains after liability ceases, it is to be returned to the employer.]
8193 v. S ec . 115. Limitation.— [Claims are barred unless within one year
after the injury or death an agreement has been made or application made
to the board. If payments have been made, the year begins to run from
the time of making the last payment.]
31.93 w. S ec . 110. Industrial accident board.— [An industrial accident board of
three competent persons is appointed by the governor for terms of six years
each, one term expiring every two years. Members hold office until their
successors are appointed and qualified, but may be removed at any time by
the governor with or without cause. Members take oath; the board has a
seal, elects its own president, may employ a secretary and such clerical and
other assistance as required, is entitled to traveling expenses, and must main
tain an office kept open at reasonable hours, keeping a record of its transac
tions. It hears disputes, makes its own rules of procedure, supplies blanks
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for information, aud issues subpoenas, administers oaths, requires the pro
duction of documents, etc. Process is served by county officials or employees
of the board. Disobedience or misbehavior, refusal to take the oath or to be
examined, or neglect to product; printed documents subjects the offender to
punishment for contempt on certification of the facts to any judge of the
supreme court of the State. Members receive $2,500 per aunum, and a ma
jority constitutes a quorum. The board may appoint physicians to make
medical examinations and testify in respect thereto, who may be allowed a
reasonable fee, not exceeding $5 for each examination, the same to be included
in its expense account. The board is to inquire into the causes and results of
industrial accidents and their prevention, also to study the operation of the
act and report its findings and recommendations at each session of the gen
eral assembly. It is also to furnish blanks to employers and employees, and
such literature as is deemed requisite to facilitate and promote the efficient
administration of the act.]
3198 x. Sec. 117. Reports of accidents.— [Employers under the act are re
quired to keep a record of all injuries to their employees in the course of
their employment and report the same within 10 days after knowledge of
their occurrence. A supplemental report is to be made on the termination of
disability. Name, age, sex, and occupation; time, nature, and cause of the
injury; and such other information as the board may require are to be in
cluded. Such reports are not to be used as evidence, but are exclusively for
the information of the board in securing data as the basis of recommendations
to the general assembly.]
3193 y. Sbc. 118, 3193 z. Seo. 119 (as amended 1919, ch. 203), 3193 aa. Skc.
120-3193 gg. Sec. 120. Insurance.— [Employers accepting the provisions of the
act must insure their liability thereunder. If satisfactory proof of financial
ability to pay direct compensation is given, the board may authorize selfinsurance. Sums awarded or agreed upon in case of injury to an employee of
a self-insurer must be paid into a savings bank or trust company in accord
ance with provisions of 3193 u, sec 114. Failure to make such payment within
80 days forthwith terminates the right to self-insurance. Employers must
file with the board, annually or as often as required, evidence of compliance
with the requirements as to insurance. Failure is punishable by fines, and
also leaves the employer liable to either a claim for compensation or an action
at law for damages. If suit is brought, the defenses of fellow service, con
tributory negligence, and assumed risks are not: allowed; and if default con
tinues for 30 days, the employer may be enjoined from carrying on his busi
ness while such default continues.
On evidence of compliance, the industrial board issues a certificate to author
ize self-insurance, which may be revoked on satisfactory evidence on at least
60 days* notice; a new certificate may be granted after the expiration of one
year from such revocation.
Employe vs may form mutual insurance associations, or enter into benefit
schemes with their employees, subject to the approval and control of the board.
No substitute system will be approved unless it provides at least equivalent
benefits, and, if contributions from employees are required, commensurate
added benefits must be allowed. The board may terminate such systems on
reasonable notice and hearing for cause shown.
All insurance policies covering compensation liabilities are subject to the
provisions of the act, and must contain a provision to the effect that as between
the employee and the insurer notice or knowledge on the part of the employer
is notice or knowledge on the part of the company and that the company accepts
the jurisdiction of the employer and is bound by awards against him. The
obligations of the policies are not to be affected by default of the employer
after the injury or by any default in the giving of notice required by the policy
or otherwise. Such agreement shall be construed to be direct promise by the
company to the person entitled to compensation enforceable in his name.]
3193 hh. S ec. 127. Payment of benefits.— [Except as otherwise provided bene
fits are to be paid as wages, but the. board may authorize payments monthly or
quarterly instead of weekly, with regard to the welfare of the employee and
the convenience of the employer.]
3193 ii. S ec . 128. Contractors.—No contractor or subcontractor shall receive
compensation under this article, but shall be deemed to be an employer, and
all rights of compensation of the employees of any such contractor or sub
contractor shall be against their said employer and not against any other
employer.
TEXT OF TAWS— DEIA WART!
153
8188 JJ. Sr.c. 129. Intoxication, etc.— I f any employee be injured as a result
of his intoxication, or because of his deliberate and reckless indifference to
danger, or because of his willful intention to bring about the injury or death
of himself or of another, or because of his willful failure or refusal to use a
reasonable safety appliance provided for him, or to perform a duty required by
statute, he shall not be entitled to recover damages in an action at law, or
compensation, or medical or hospital .service under the compensatory pro
visions of this article. The burden of proof under the provisions of this section
&hall be on the defendant employer.
3193 kk. Sec. 130. Joint employment.—Whenever an employee for whose in
jury or death compensation is payable under this article, at the time of the
injury, be in the joint service of two or more employers subject to this article,
such employers shall contribute to the payment of such comiiensation in pro
portion to their wage liability to such employee, regardless of the question for
whom such employee was actually working at the time of the injury.
3193 11. S ec . 131. Actions against third parties.— [If a third party is legally
liable for damages on account of the injury, the employee may either claim
compensation from the employer or sue such third party, but may not proceed
against both. If compensation is awarded, the employer is subrogated to the
rights of the injured employee or his dependents and may recover in his own
name or that of the injured employee damages for the injury, any excesa
recovery, less costs, to go to the employee or his dependents. )
3193 mm. S ec . 132. Status of paytnents.— [The right to compensation has the
same preference as unpaid wages for labor. Claims and awards are not
assignable, and are exempt from claims of creditors. If default is made in
payments for 30 days after demand, recovery may be had in the same manner
as claims for wages are now collectible.
Fees of attorneys and physicians are subject to the approval of the board. 1
3193 nn. Sec. 133. Sympension of payments.—If an injured employee refuses
employment suitable to his capacity, procured for him, he shall not be entitled
to any compensation at any time during the continuance of such refusal unless,
in the opinion of the industrial accident board, such refusal was justifiable;
and if an employee receives an injury for which compensation is payable, after
having received an injury in another employment, he shall be entitled to com
pensation by the subsequent employer (not being the employer for whom he
worked at the time of the former injury) for the subsequent injury in the
same amount as if the previous injury had not occurred.
3193 oo. S ec. 134. Construction.—Whenever in this article the singular is used,
the plural shall be included; where the masculine gender is used, the feminine
and neuter gender shall be included.
3193 pp. S ec . 135 (as amended 1923, ch. 200). Employers.— T h e following
shall constitute employers subject to the provisions of this article: Every
person, firm, association, and corporation, private, public, or municipal (except
ing the employers mentioned in 3193 vv. section 141. and 3193 ww. section 142
hereof) having in his or its service any employee defined In 3193 qq. section 136
of this article. If the employer is insured, it shall include his or its insurer
as far as practicable.
3193 qq. S ec. 130 (as amended 1923, ch. 206). Employees.—The term “ em
ployee” as used in this article shall be construed to mean: Every person in
the service of any person, firm, association, and corporation, private, public or
municipal (excepting the employees mentioned in 3193 vv. section 141 and
3193 ww. section 142 hereof) under any contract of hire, expressed or implied,
oral or written, or performing services for a valuable consideration, but not
including any person whose employment is casual and not in the regular course
of the trade, business, profession or occupation of his employer, and not includ
ing persons to whom articles or materials are given out to be made up, cleaned,
washed, altered, ornamented, finished or repaired, or adapted for sale in the
worker’s own home, or on other premises not under the control or manage
ment of the employer.
3193 rr. S ec . 137. Injury.—The terms “ injury” and “personal injury” as
used in this article shall be construed to mean only violence to the physical
structure of the body and such disease or infection as naturally results directly
therefrom when reasonably treated; and whenever death is mentioned as a
cause for compensation under this article it shall mean only death resulting
from such violence and its resultant effect when reasonably treated as afore
said, and occurring within 285 weeks after the accident.
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COMPENSATION LAWS— UNITED STATES
3103 ss. Skc. 138. Restrictive clause.—The term “ personal injury ” sustained
by accident arising out of and in the course of the employment:
(a) Shall not cover an employee except while he is engaged in, on, or about
the premises where his services are being performed, which are occupied by,
or under the control of, the employer (his presence being required by the
nature of his employment), or while he is engaged elsewhere in or about his
employer’s business where his services require his presence as a part of such
service at the time of the injury.
(b) It shall not include any injury caused by the willful act of another
directed against him by reasons personal to such employee and not directed
against him as an employee or because of his employment.
(c) It shall not include a disease or infection, except as it shall result from
the injury when reasonably treated.
3103 tt. S ec . 330. Dependent.—The term “ dependent ” shall include all per
sons other than the injured employee who are entitled to compensation under
the provisions of the elective schedule set forth in this article, and wherever
the context requires it shall be held to include the personal representatives,
and the widow or widower of the deceased, and guardians of infants or trustees
for incompetent persons.
3193 tt. Sex;. 139a (added 3921, ch. 380). Construction.— For the purpose
of making more clear certain of the provisions of the act to which this sec
tion is an amendment, provision is hereby made as follows:
(a) The term “ compensation” wherever used in this act and wherever
the context requires it shall be held to include surgical, medical, and hospital
services, medicines and supplies, and funeral benefits provided for in this act.
(b) The notice required to be served on all parties in interest under the
provisions of 3193 o, section 108, chapter 90, Revised Code, as amended by
chapter 233, volume 29, Laws of Delaware, may be served personally or sent
by registered mail.
(c) The provision in 3193 p, section 109, chapter 90, Revised Code, as amended
by chapter 233, volume 29, Laws of Delaware, that the industrial accident
board shall 44send to the parties a copy of the award ” shall be coustrued to
mean either personal delivery of such copy or the sending thereof by registered
mail.
(d) Proceedings for compensation may be instituted by the surviving parent,
guardian, or next friend in the case of minors claimiug to be entitled to com
pensation, and all notices thereafter shall be given in the manner provided in
this act to said parent, guardian, or next friend.
(c)
Compensation agreed upon or awarded to injured employee who shall
have died and which shall not have been paid at the time of his death, shall
be paid to his nearest dependent as indicated by 3193 k, section 104, chapter 90,
Revised Code of the State of Delaware, as amended by chapter 233, volume 29,
Laws of Delaware, and chapter 203, volume 30, Laws of Delaware.
(f)
In construing the words “ earning power of the employee thereafter
as the same appears in subsection (b) of 3193 j, section 103, chapter 90, of the
Revised Code of the State of Delaware, as amended by chapter 233, volume 29,
Laws of Delaware, the industrial accident board shall take into consideration
the value of gratuities, board, lodging, and similar advantages received by the
employee in a subsequent employment.
3193 uu. Seo. 340 (as amended 1939, ch. 203). Wages.—Wherever in this
act the term “ wages ” is used it shall be construed to mean the money rate at
which the service rendered is recompensed under the contract of hiring in
force at the time of the accident, and shall not include gratuities received from
the employer or others; nor shall it include board, lodging, or similar advant
ages received from the employer, unless the money value of such advantages
shall have been fixed by the parties at the time of hiring; nor shall it include
amounts deducted by the employer, under the contract of hiring, for labor,
material, supplies, tools, or other things furnished or paid for by the employer,
and necessary for the performance of such contract by the employee. In oc
cupations involving seasonal employment or employment dependent upon the
weather, the employee’s weekly wages shall be taken to be one-fiftieth of the
total wages which he has earned from all occupations during the year im
mediately preceding the accident, unless it be shown that during such year,
by reason of exceptional causes, such method of computation does not ascer
tain fairly the earnings of the employee, in which case the period for calcu
lation shall be extended so far as to give a basis for the fair ascertainment of
TEXT OF LAWS----DISTRICT OF COLUMBIA
155
his average weekly earnings. In continuous employments, If immediately prior
to the accident, the rate of wages was fixed by the day or hour, or by the out
put of tlie.employee, his weekly wages shall be taken to be five and one-half
times his average earnings at such rate for a working day of ordinary length,
excluding earnings from overtime, and using as a basis of calculation his
earnings during so much of the preceding six months as he worked for the
same employer.
811)8 vv. S e c . 141 (as amended 1923, ch. 206). Exemptions.—This article
shall not apply to the employers or employees in any employment in which
loss than five employees arc engaged; nor to farm laborers and domestic
servants or to their respective employers; nor to officers and servants of the
State or any governmental agency ercated by it, excepting officers and servants
of the mayor and council of Wilmington, a municipal corporation of the
St«ite of Delaware, who shall have been neither elected or appointed for a term
of office or fixed and definite duration or to complete the unexpired portion
of any yueh term: Provided, however, That the said the mayor and council of
Wilmington shall at all times apply to the industrial accident board for a
certificate for self-in.suranee.
8198 ww. S e c . 142. Interstate commerce.—This article shall not apply to
employees injured or killed while engaged in interstate or foreign commerce,
nor to their employers in case, and whenever, the laws of the United States
provide for compensation or for liability for such injury or death.
8193 xx. S e c . 143 (as amended 1919, ch. 203). Act in effect—This act shall
begin and take effect from the 1st day of January, A. D. 1918.
If any provision of this article shall be held to be void or unconstitutional
it is hereby provided that all other portions of the same, which are not ex
pressly held to be void or unconstitutional, shall continue in full force and
effect.
DISTRICT OF COLUMBIA
ACTS OF 1919— S i x t y - s i x t h
C o n g ress
PirBLic No. 6.—Compensation of workmen for injuries—Public employees
S e c t io n 11. Act extended; scope.—All the provisions of the act of Congress
approved September 7, 1916, entitled “An act to provide compensation for em
ployees of the United States suffering injuries while in the performance of
I heir duties and for other purposes," are hereby extended to employees of the
government of the District of Columbia so far as they may be applicable,
except to those members of the police and fire departments of the District of
Columbia who are pensioned or pensionable under the provisions of the Dis
trict. of Columbia appropriation act approved September 1, 1916. Such com
pensation as the commission provided for in said act may award to employees
of the government of the District of Columbia shall be paid in the manner
provided by law for the payment of the general expenses of the government
of the District of Columbia. For carrying out the provisions of this section
there is appropriated $5,000; and the commissioners of the District of Columbia
shall submit annually to Congress, through the Secretary of the Treasury,
estimates of appropriations necessary for the foregoing purpose.
Approved July 11, 1919.
1965°— 26-------11
GEORGIA
ACTS OF 1020
Compensation of workmen for injuries
( ! ’ag« 107)
S e c t i o n 1. Title.—This act shall be known as the Georgia workmen’s com
pensation act.
Sec. 2 (as amended, 1922. p. 185). Definition*.—in this act. unless the context
otherwise requires:
(a) ''Employers’* shall include any municipal corporation within the Stale
and any political division thereof, and any individual, linn, association, or
corporation engaged in any business operated for gain or profit, except as here
inafter excepted, and the receiver or tnuree of the same, and the kural repre
sentative of a deceased employer, using the service of another for pay. If
the employer is insured, it shall include his insurer so far as applicable.
(b) ••Employee” shall include every person, including a minor, in the service
of another under any contract of hire or apprenticeship, written or implied,
except one whose employment is not in the usual course of the trade, business,
occupation, or profession of th«> emp'over ami, except as hereinafter set out.
M?nors are included even though working in violation of any child'labor law
or other similar statute: Provided, That nothing herein contained shall be con
strued as repealing or altering any miicIi law or situuie. Any reference to any
employee who has been injured shall, when the e m p l o y e e is dead, include also
his legal representatives, dependents, and oilier persons to whom compensa
tion may be payable, pursuant to (he provisions of this act.
(c> The basis for computing the com].ensation provided for in this act
shall be as follows:
3,
The compensation of an injured person shall be computed on the basis
of the regular wage received by the employee on the date of the accident.
The compensation of the injured person who has not been receiving regular
wages and has been employed for such a short period of time, that it is imprac
ticable to accurately determine his wages, the wages of the employees of the
same class, in the same employment, in the same locality, or, If that be impracti;‘iii>ie, of neighboring employees of the same kind, shall be used as a basis for
deierminiug the wages of such injured employee.
(d) "in ju r y " and ‘‘ personal injury” shall mean an injury by accident
arising out of and in the course of employment and shall not include a disease
in any form except that resulting naturally and unavoidably from the acci
dent. Nor shall “ injury ” and “ personal injury ” include injury caused by the
willful act of the third person directed against the employee for reasons i>ersonal to such employee.
When an employee coming under provisions of this act receives 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 resi>ect thereto the employee, or beneliciar.v, may
take proceedings both against that j>erson to recover damages and against the
employer for compensation, but the amount of compensation to which he is
entitled under this act shall be reduced by the amount of damages recovered.
If the employee, or beuettciary of the employee, in such case recovers com
pensation under this act, the employer by whom the compensation was paid,
or the party who was 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 therefrom, to the extent
of the condensation.
(e) In all claims for compensation for hernia resulting from injury by acci
dent arising out of and in the course of the employee’s employment it must
156
TEXT OP LAWS— GEORGIA
157
be* definitely proven to the satisfaction of the industrial commission: First,
that, there was an injury resulting in hernia; second, that the hernia appeared
suddenly; third, that it was accompanied by pain; fourth, that the hernia im
mediately followed an accident; fifth, that tlie hernia did not exist prior to
the accident for which compensation is claimed. All hernia, inguinal, femoral,
or otherwise, so proven to be the result of an injury by accident arising out of
and in course of the employment shall be treated in a surgical manner by radi
cal operation. If death result from such operation, the death shall be con
sidered as a result: of the injury and compensation paid in accordance
w iili the provisions of section 38. In nonfatal cases time loss only shall be
paid, unless it is shown by special examination, as provided in section 28,
th:>t the injured employee has a permanent partial disability resulting after
the operation. If so, compensation shall be paid in accordance with the pro
visions or* section 38 with reference to partial disability. In case the injured
employee refuses to undergo the radical operation for the cure of such hernia,
n o
compensation shall be allowed during the time such refusal continues.
If, however, it is shown that the employee has some chronic disease, or is
otherwise in such physical condition that the commission considers it unsafe
for the employee to undergo said operation, the employee shall be puid as
provided in section 81.
Sw:. 3. Pending suits.—The provisions of this act shall not alTect pending
litigation.
Srccs. -I. 5. Election.— [Employers and employees are presumed to accept the
provisions of the act unless prior to the occurrence of the accident notice of
rejection has been given by the one to the other. Forms are prescribed, to he
substantially complied with; also for waivers of such rejection, which may be
made at any time. Copies are to be sent also to the industrial commission,
and if not so filed within 10 days after service, due and proper notice w*ll be
deemed not to have been given. Employers* notices are to be conspicuously
posted. Notices are valid after 30 days, except for accidents within 30 days
after employment if notice was given at the time of the employment.]
Sec. 6. Presumption as to contracts.— [In the absence of notice that the
provisions of the act other than sections 16, .17, and 18 do not apply, contracts
of service will be presumed to have been made subject to the provisions of this
act. This applies to minors.]
Ssc. 7. Waivers forbidden.—No contract or agreement, written or implied, no
rile, regulation, or other device, shall in any manner operate to relieve any
employer in whole or in part of any obligation created by this act, except as
herein otherwise expressly provided.
S k c . 8. Corporations.—Neither any municipal corporation within the State,
m.-r any political subdivision thereof, nor any employee of any such corpora
tion or subdivision shall have the right to reject the provisions of this act
relative to payment and acceptance of compensation; and the provisions of
sections 5, 6. 16. 17, and 18 shall not apply to them.
S k c . 0. Interstate carriers.—This act shall uot apply to any common carrier
by railroad engaging in commerce between any of the several States or Terri
tories. or between the District of Columbia and any of the States or Terri
t o r i e s and any foreign nation or nations, nor to any person suffering injury
or death while he i s employed by such carrier in such commerce, nor shall this
act he construed to lessen the liability of such common carrier or to diminish
or take away in any respect any right that any person so employed or the
personal representative or kindred or relation or dependent of such person
may have under the act of Congress relating to the liability of common carriers
by railroads to tlieir employees in certain cases, approved April 22, 1908.
Sec. 10. Prior injuries.—The provisions of this act shall not apply to in
juries or death, nor to accidents which occurred prior to the taking effect of
this act.
Sec. 11. Insurance.—Every employer who accepts the compensation provi
sions of this act shall insure the payment of compensation to his employees in
the manner hereinafter provided, and while such insurance remains in force
he or those conducting his business shall only be liable to any employee for
personal injury or death by accident to the extent and in the manner herein
specified.
Sec. 12. Remedies.—The rights and remedies herein granted to an employee
where he and his employer have accepted the provisions of this act respectively
to pay and accept compensation on account of personal injury or death by
158
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
accident shall exclude all other rights and remedies of such employee, his
personal representative, parents, dependents, or next of kin, at common law or
otherwise 011 account of such injury, loss of service, or death.
Sec. 13. Violation of statutes.—Nothing in this act shall be construed to
relieve any employer or employee from penalty for failure or neglect to per
form any statutory duty.
Sec. 14. Willful misconduct, etc.—No compensation shall be allowed for any
injury or death due to the employee's willful misconduct, including inten
tional self-inilicted injury, or growing out of his attempt to injure another, or
due to intoxication or willful failure or refusal to use a safety appliance or
perform a duty required by statute, or the willful breach of any rule or regu
lation adopted by the employer and approved by the industrial commission, and
brought prior to the accident to the knowledge of the employee. The burden
of proof shall be upon him who claims an exemption or forfeiture under this
section.
Srcc. 35 (as amended 1925, p. 282). Exempt employments.—This act shall not
apply to common carriers, engaged in interstate [intra.stale] trade Lor| com
merce, the motive power of which is steam, nor shall this act be construed to
lessen the liability of such common carriers or to take away or diminish any
right that any employee, or in case of his death, the personal representative
of such employee, of such common carrier may have, under the laws of this
Stale; employees not in the usual course of the trade, business, occupation or
profession of the employer or not incidental thereto; farm laborers or do
mestic servants; nor to employees of institutions maintained and operated as
public charities; nor to employers of such, persons: nor to any persons, linns or
private corporation, including any public servico corporation, that has regu
larly in servico less than ten employees in the same business within this Suite;
unless such employees and their employers voluntarily elect to be bound by this
act. When an employer and his employees elect to be bound by this act the
election shall continue until recalled by joint action of employer and employees
and shall be effective after notice is given to the industrial commission, and
shall include employees subsequently employed, unless they elect to reject the
act.
Skcs. 1G--1S. Common law defenses.— [Rejecting employers may not plead the
common law defenses, even though the employee also rejects; if Hie employer
accepts and the employee rejects, the employer may plead the defenses as at
common law..I
Skc. 19. Direct settlements.—Nothing herein contained shall be construed
so as to prevent settlements made by and between the employee and employer,
but rather to encourage them, so long as the amount of compensation and the
time and manner of payment are in accordance with the provisions of this
act. A copy of such settlement agreement shall be filed by he employer with
tJie commission, and no such settlement «hall be binding until approved by the
commission.
Sec. 20. Liability of principals.—A principal, intermediate, or subcontractor
shall be liable for compensation to any employee injured while in the employ
of his subcontractors and engaged upon the subject matter of the contract to
the same extent as the immediate employer.
Any principal, intermediate, or subcontractor, who shall pay compensation
under the foregoing provisions, may recover the amouut paid from any person
who, independently of this section, would have been liable to pay compensa
tion to the injured employee, or from any intermediate contractor.
Every claim for compensation under this section shall be in the first instance
presented to and instituted against the immediate employer, but such proceed
ings shall not constitute a waiver of the employee's rights to recover compen
sation under this act from the principal or intermediate contractor: Provided,
That the collection of full compensation from one employer shall bar recovery
by the employee against any others, nor shall he collect from all a total com
pensation in excess of the amount for which any of the said. contractors is
liable.
This section shall apply only in cases where the injury occurred on, in, or
about the premises on which the principal contractor has undertaken to exe
cute work or which are otherwise under his control or management.
Sec. 21. Compensation preferred.—All rights of compensation granted by this
act shall have the same preference or priority for the whole thereof against
the assets of the employer as is allowed by law for any unpaid wages for labor.
TEXT OF LAWS— GEORGIA
159
Sec. 22. Assignments, etc.—No claim for compensation under this act shall
be assignable, and all compensation and claims therefor shall be exempt from
all claims of creditors.
Secs. 23, 24 (both as amended 3923, p. 92). Notice.— [Employees must give
notice, either in person or by a representative of the occurrence of any acci
dent, immediately, or as soon as practicable, to the employer or his represen
tative, or to the immediate superior of the injured employee. No right to
medical aid or compensation accrues until such notice. If not given within 30
days, the notice must be in writing; nor will compensation be payable if no
tice is not given within 30 days after the accident or the death resulting there
from unless it appears that it was prevented by physical or mental incapacity,
fraud or deceit, or that the employer, his agent, representative, foreman, or
the immediate superior of the employee had knowledge of the accident, or a
reasonable excuse satisfies the commission, or it is reasonably proved that the
employer was not prejudiced by the delay. The written notice musfc state the
facts in ordinary language, nor will defects or inaccuracies be a bar to com
pensation unless the employer’s interest was prejudiced, and then only to the
extent of such prejudice. 1
Sec. 25 (as amended 3925, p. 282). Limitation>.— [Claims must be filed within
one year after the injury or death; but if proceedings are begun in good faith
against a corporation whose charter has expired, but is still doing business, the
claimant may proceed against the person or persons carrying on the business,
and the one-year limit will not apply.]
Sec. 2(5. Medical aid.—For a period of not exceeding 30 days alter an acci
dent the employer shall furnish or cause to be furnished, free of charge to the
injured employee, and the employee shall accept such necessary medical atten
tion as the nature of the accident may require. The industrial commission
may at any time, for good cause shown or in its discretion, order a change in
such medical attention so furnished by the employer: Provided, That the total
liability of the employer for necessary medical attention shall not exceed $100.
During llie whole or any part hi the remainder of disability resulting from the
injury the employer may, at his own option, continue to furnish or cause to be
furnished, free of charge to the employee, and the employee shall accept, an
attending physician, unless otherwise ordered by the industrial commission,
and in addition such surgical and hospital service and supplies as may be
deemed necessary by said attending physician or the industrial commission.
The refusal of the employee to accept any medical, hospital, or surgical service
when provided by the employer, or on order by the industrial commission, shall
bar said employee from further compensation until such refusal ceases, and no
compensation shall at any time be paid for the period of suspension unless in
the opinion of the industrial commission the circumstances justified the refusal,
in which case the industrial commission may order a change in the medical or
hospital service. If in an emergency on account of the employer's failure to
provide the medical care during the first 30 days, as herein specilied, a
physician other than provided by the employer is called to treat the injured
employee during the first 30 days, the reasonable cost of such service, not
to exceed $300, as above set out, shall be paid by the employer if ordered to do
so by the industrial commission.
S ec. 27. Cost of medical, etc., service.—The pecuniary liability of the em
ployer for medical, surgical, and hospital service herein required when ordered
by the commission shall be limited to such charges as prevail in the same com
munity for similar treatment of injured persons of a like standard of living
when such treatment is paid for by the injured persons, and shall not, in any
event, exceed the aggregate of $100 in amount. The employer shall not be
liable in damages for malpractice by a physician or surgeon furnished by him
pursuant to the provisions of this section, but the consequences of any such
malpractice shall be deemed part of the injury resulting from the accident and
shall be compensated for as such.
Sec. 28. Medical examinations.— [An injured employee must submit to med
ical examinations at reasonable times and places, on request and at the expense
of the employer, and may have his own physician present. Facts learned by
attending and examining physicians are not privileged. Refusing or obstruct
ing examinations suspends benefits, and no compensation shall be paid for the
period uuless the commission thinks the act justified. The employer or the
commission may require an autopsy, at the expense of the party requesting.
No compensation for death or disability will be payable in so far as caused by
160
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COMPENSATION M W S — UNTTEI> STATES
unreasonable refusal or neglect to submit to or follow competent or reasonable
surgical treatment.]
Sue. 29 (as amended 1022, p. 385). Waitiny time.—No compensation shall
be allowed for the first seven calendar days of incapacity resulting from an
injury, including the day of the injury, except the benefits provided for in
section 2(>.
Sec. 80 (as amended 1022, p. 185). Total disability.—When the incapacity
from work resulting from an injury is to'tal, the employer shall pay. or cause
to be paid, as hereinafter provided for, the employee during such total in
capacity, a weekly compensation equal to one-half of his average waxes, but
not more than $15 per week or less than $4 per week, except wh»n the weekly
wage is below $4. then the regular wages on the date of the accident shall
be the weekly amount paid; and in no case shall the period covered by such
compensation be greater than 350 ‘weeks, nor shall the total amount of com
pensation exceed $5,000.
Sec. 81. Ptrtiai disability.—Except as otherwise provided in the next
section hereafter, whore the incapacity for work resulting from the injury
is partial, the employer shall pay, or cause to be paid, as hereinafter provided,
to the injured employee during such incapacity a weekly compensation equal
to one-half the difference between his average weekly wages before the in
jury and the average weekly waues which he is able i:.' eirn thereafter, but
not more than S>1£ a week, and In no case shall the period covered by such
compensation be greater than ‘.00 weeks from the date of the injury. In
case the partial incapacity begins after a period of total incapacity, the
latter period shall be deducted 'from the maximum period herein allowed for
partial incapacity.
Sec. 82 (as amended 1928, p. 92). Schedule.—In the eases included by the
following schedule the permanent partial industrial handicap, in each case,
shall be compensated by paymeuts for the period specified, and the compen
sation so paid for *suoh handicap shall be as specified therein, and shali be
in lieu of all other compensation for the permanent partial handicap. In
addition to the compensation provided in the schedule for permanent partial
handicap, compensation for total incapacity for work, as provided in section
80, shali be paid, but compensation for total incapacity for work shall in no
case be paid for a period longer than 10 weeks.
(a) For the loss of a thumb. 50 per cent of the average weekly wa«res
during (SO weeks.
(b) For the loss of a first linger, commonly called the index finger, 50 per
cent of the average weekly wages during 85 weeks.
(0) For the loss of a second finger, 50 per cent of average .veekly wages
during 80 weeks
{d) For the loss of a third finger, 50 per cent of average weekly wages
during 20 weeks.
(6)
For the loss of a fourth finger, commonly called the little finger. 50
per cent of average weekly wages during 35 weeks.
(f)
The loss of the first phalange of the thumb, or any finger, shall be con
sidered to be equal to the loss of one-half of such thumb or linger and the
compensation shall be for one-half of the periods of time above specific d.
{y) The loss of more than one phalange shall be considered the Voss of the
entire finger or thumb: Provided, That in no case shall the amount received
for more than one finger exceed the amount provided In this schedule fer the
loss of a hand.
(h) For the loss of a great toe, 50 per cent of the average weekly wages
during 80 weeks.
(1) For the loss of one of the toes, other than a great toe. 50 per cent of
average weekly wages during 10 weeks.
(j) The loss of the first phalange of any toe shall be considered to be equal
to the loss of one-half such toe, and the compensation shall be for one-half of
the periods of time above specified.
(k) The loss of more than one phalange shall be considered as the loss of
the entire toe.
(I)
For the loss of a hand, 50 per cent of the average weekly wages during
150 weeks.
( m) For the loss of an arm, 50 per cent of average weekly wages during
200 weeks.
(a)
For the loss of a foot, 50 per cent of average weekly wages during 125
weeks.
TEXT OP LAWS— GEORGIA
161
(o) For the loss of a leg, 50 per cent of average weekly wages during 175
weeks.
(p) For the loss of an eye, 50 per cent of the average weekly wages during
100 weeks.
(q) For the complete loss of hearing in both ears, 50 per cent of the aver
age weekly wages during 150 weeks.
(r) Total loss of use of a member or loss of vision of an eye shall be con
sidered as equivalent to the loss of such member or eye. The compensation for
partial l o s s of or for partial loss of use of a member or for partial loss of
vision of an eye shall be such proportion of the i>ayments above provided for
total loss as such partial loss bears to total loss. Loss of both arms, hands,
legs, or feet, or of any two of these members, the permanent total loss of
vision in both eyes, shall be deemed permanent total incapacity and shall be
compensated under section 30.
The weekly compensation payments referred to in this section shall be sub
ject to the same limitations as to maximum aud minimum as set out in
section 30.
Sec. 83. Refuting employment.—If an injured employee refuses employment
procured for him suitable to his capacity he shall not be entitled to any com
pensation at any time during the continuance of such refusal unless, in the
opinion of the industrial commission, such refusal was justified.
Skc. 34. Second injuries.—If an employee who suffers an injury in his em
ployment. has a permanent disability or has sustained a permanent injury,
such as specified in section 32, suffered elsewhere, he shall be entitled to com
pensation only for the degree of incapacity which would have resulted from
the later accident, if the earlier disability or injury had not existed.
S ec. 35. Same.—If an employee receives an injury for which compensation
is payable while he is still receiving or entitled to compensation for a pre
vious injury in the same employment, he shall not at the same time be entitled
to compensation for both injuries, unless the later injury be a permanent in
jury, such as specified in section 32; but he shall be entitled to compensation
for that injury and from the time of that injury which will cover the longest
period and the largest amount payable under this act.
Skc. 3»». Same.—if an employee receives a permanent injury as specified in
section 32 after having sustained another permanent injury in the same em
ployment. he si»ali be entitled to compensation for both injuries, but the total
compensation shall be paid by extending the period, and not by increasing the
amount of weekly compensation, and in no case exceeding 350 weeks. When
:1k* previous and subsequent permanent injuries received in the same employ
ment result in total disability compensation shall be payable for permanent
total disability, but payments made for the previous injury shall be deducted
from the total payment of compensation due.
Hi:o. 87. Injuria* outside State.— (a) Where an accident happens while the
employee is employed elsewhere than in this State, which would entitle him
or his dependents to compensation if it happened in this State, the employee
or his dependents shall be entitled to compensation, if the contract of employ
ment was made in this State and if the employer’s place of business is in
this State or if the residence of the employee is in this State: Provided, His
contract of employment was not expressly for service exclusively outside of
the State, (b) Provided, hoicever, If an employee shall receive compensa
tion or damages under the laws of any other State, nothing herein contained
fchall be construed so as to permit a total compensation for the same injury
greater than is provided for in this act.
Sec. 38 (as amended 1922, p. 185; 1923, p. 92). Death.— When an employee
is entitled to compensation under this act for an injury received and death
ensues from any cause not resulting 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.
If death results instantly from an accident arising out of and in the course
of the employment, or if during the period of disability caused by an accident
death results proximately therefrom, the compensation under this act shall be
as follows:
(« ) The employer shall, in addition to any other compensation, pay the rea
sonable expenses of the employee’s last sickness and burial expenses not to
exceed $100. If the employee leaves no dependents, this shall be the only
compensation.
162
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
(b) The employer shall pay the dependents of the deceased employee wholly
dependent 011 his earnings for support at the time of the injury a weekly
compensation equal to 85 per cent of the compensation which is provided for in
section 30 for total disability for a period not exceeding 300 weeks from date
of injury.
(ct) If the employee leaves dependents only partially dependent on his earn
ings for support at the lime of his injury, the weekly compensation for those
dependent shall be in the same proportion to the compensation for persons
wholly dependent as the average amouut contributed weekly by the deceased
to the partial dependents bears to his average weekly wages at the time of his
injury.
(d) When weekly payments have been made to an injured employee before
his death the compensation to dependents shall begin on the date of the last
of such payments, but shall not continue more than 300 weeks from the date
of the iujury not except during dependency. The total compensation to be paid
to all dependents of a deceased employee shall not exceed in the aggregate
$ 12.75 per week.
(c) If the employee does not leave dependents, citizens of or residing at the
time of the accident in the United States or Dominion of Canada, the amount
of compensation shall not in any case exceed $1,000.
Sec. 39. Dependents.—The compensation provided for in section 38 shall
be payable only to dependents and only during dependency. The following
iwrsons shall be conclusively presumed to be the next of kin wholly dependent
for support upon the deceased employee:
(a) A wife upon a husband whom she had not voluntarily deserted or
abandoned at time of the accident.
( b) A husband upon a wife with whom he lived at the time of her accident
if he is then incapable of self-support and actually dependent, upon her.
(e) A boy under the age of 18. or a girl under the age of 18. upon a parent.
If a child is over the ages specilied above, but physically or mentally incapaci
tated from earning a livelihood, he or she shall be presumed to be totally
dependent.
As used in this section, the term 44boy,” “ girl," or “ child” shall include
stepchild, legally adopted children, posthumous children, acknowledged illegiti
mate children, but shall not include married children; the term “ parent" shall
includc step-parents and parents by adoption.
If the deceased employee leaves dependent surviving spouse, as above de
scribed and no dependent child or children, the full compensation shall be paid
to such spouse; if the deceased employee leaves dependent surviving spouse, as
above described, and also a dependent child or children, then the full compensa
tion shall be paid to such spouse for his or her use and that, of such child or
children, the commission, however, to have the power in proper cases, in its
discretion, to apportion the compensation: 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. If there be
no person or persons wholly dependent, then payment shall be made to partial
dependents.
In all other cases questions of dependency, in whole or in part, shall be de
termined in accordance with the facts as the facts may be at the time of the
accident, but no allowance shall be made for any payment made in lieu of
board and lodging or services, and no compensation shall be allowed, unless the
dependency existed for a period of three months or more prior to the accident;
and in such other cases if there is more than one person wholly dependent, the
death benefit shall be 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 dependency.
For the purpose of this act the dependence of a widow or widower of a de
ceased employee shall terminate with remarriage. The dependence of a child,
except a child physically or mentally incapacitated from earning a livelihood,
shall terminate with the attainment of 18 years of age. In all cases, except
such as are hereinbefore specifically provided for, where there are both total
and partial dependents, and the total dependents die, remarry, or cease to be
dependents the partial dependents shall be entitled to the balance of compen
sation, if any.
S ec. 40 (as amended 1923, p. 92). Maximum.—The total compensation pay
able under this act shall in no case exceed $5,000.
TEXT OP LAWS— GEORGIA
163
Sec. 41. Advancc payments.—Any payments made by the employer to the
injured employee during the period of his disability, or to his dependents,
which by the terms of this act were not due and payable when made, may,
subject to the approval of the industrial commission, be deducted from the
amount lo be paid as compensation: Provided, That in the case of disability
such deductions shall be made by shortening the period during which compen
sation must he paid and not by reducing the amount of the weekly payments.
Sec. 42. Times of payment.—'The industrial commission, upon application of
either parly, may, in its discretion, having reganl to the welfare O f the em
ployee and the convenience of the employer, authorize compensation to be paid
monthly or quarterly instead of weekly.
Secs. 4I>, 44. Lump sum*.— [After not less than 26 weekly installments have
been made the parties may agree, with the approval of the commission on the
grounds of the interests and convenience of the party, to commute the re
maining payments, in whole or in part, to a lump sum, representing their
present worth calculated at 5 per cent per annum. If the commission deems
it expedient the employer must pay such lump sum to a trustee to be admin
istered as provided by the commission, and the employer or other person liable
is thereby discharged.]
Sec. 45. Rerieiv.—Upon its own motion before judicial determination or
upon the application of any party in interest on the ground of a change in
condition, the industrial commission may at any time review any award or
any settlement made between the parties and fiied with the commission and,
on such review, may make an award ending, diminishing, or increasing the
compensation previously awarded or agreed upon, subject to the maximum or
minimum provided in this act, and shall immediately send to the parties a
copy of the award. No such review shall affect such award as regards any
moneys paid.
Seo. 40. Acquittances.— [Payment to a parent on behalf of children, or to
persons over 18, or to guardians of minors under 18 or incompetent, when
properly receipted, acquit the employer. Payments in good faith to a depend
ent subsequent in right are a discharge unless a dependent having prior right
gives notice of such right.]
Sec. 47. Incompetent s.—If an injured employee is mentally incompetent or
5s under 18 years of age at the time when any right or privilege accrues to
!i»im under this act, his guardian or trustee may, in his behalf, claim and
exercise such right or privilege.
Sec. 48 (as amended 1025, p. 282). Limitation.— [Limitations do not run
against incompetents so long as they have no guardian or trustee, nor against
oue who in good faith proceeds against a corporation found to be defunct by
reason of expiration of charter.]
Seo. 40. Joint employment.—Whenever any employee for whose injury or
death compensation is payable under this act shall at the time of the injury
be in the joint service of two or more employers subject to this act, such em
ployers shall contribute to the payment of such compensation in proportion
to their wage liability to such employee: Provided, however, That nothing in
this section shall prevent any reasonable arrangement between such employers
for a different distribution as between themselves of the ultimate burden of
compensation.
Secs. 50, 51 (as amended 1922, p. 77), 52, 53 (as amended 1925, p. 282), 54.
Industrial commission.— [An industrial commission is created consisting of
four persons, a commissioner of commerce and labor, being chairman ex
officio, the attorney general being also a member. The governor appoints two
other members for terms of four years each, one term expiring every two years.
Employers and employees are to be represented by these appointees who are
to give full time to their employment and receive salaries of $4,000 each. Thei
chairman receives an additional salary of $1,200 for his services on the com
mission. The commission may appoint a secretary-treasurer and such clerical
and other assistants as it may deem necessary, subject to the approval of the
governor. Offices are to be furnished at Atlanta, deputies may be appointed,
and sessions may be held by the commission or any member at any place within
tlie State as may be deemed necessary by the commission. The commission
has power to make rules in conformity with the act for carrying out its pro
visions, to subpoena witnesses, administer oaths, and examine books and records.
Processes and procedure are to be summary and as simple as reasonably may
be. Enforcement of attendance and the giving of testimony is in the hands
of the superior courts on application of the commission, a member or deputy
164
WOJRKMEN'3 COMPENSATION IAWS— UNITED STATES
thereof. Blank> are to be prepared and supplied free of charge from which
accident reports are to be tabulated, but the names of employers or employees
shall not appear, nor shall the employers’ reports be open for public inspec
tion, though the parties interested, to the extent of their interest may see
them.]
Sk<\s.‘ 5.VT)7, 58 (as amended 1025, p. 282), 59-64. Procedure.— [In case of
injury or death, parties interested may agree, after 14 days from the date of
a nontatal injury, or any time alter the death, and file a memorandum oi the
agreement witli the commission for approval. Otherwise it is voidable by
the employee or h:s dependents, but if approved the memorandum of agree
ment is enforceable as a decree or judgment of the superior court. If the
parties fail to agree, or if there is a disagreement as to the continuance of
payments under an agreement, either party may apply to the commission for
a hearing. Hearings and determination are to be summary and a copy of the
award shail be immediately sent to the parties to the dispute. Either party
may ask for a review within seven days from the date of the notice, where
upon the full commission shall review the evidence, or if deemed advisable,
hear the parties, their representatives and witnesses and enter their award
together with the rulings of law. Is: a single commif-tfoner has been delegated
the duty of taking additional evidence, the full commission must consider it
before rendering a decision.
Awards as above are final unless within 80 days an appeal is taken to the
superior court, stating the grounds on which the application is based. The
order will be ;*et aside if it is found that the commission acted without or in
excess of its powers, that the order or decree was procured by fraud, that the
facts do not support the order or decree, or that there was not sufficient com
petent evidence to warrant it, or finally, that it was contrary to law. If none
of these grounds apj>oar. the court must affirm the findings appealed from. If
set aside, the court may remand the case to the commission or may itself enter
judgment on the findings according to the nature of the case.
The commission may certify questions of law to the State court of appeals,
and an appeal may be taken from the superior court to thnt court. Tn ca<e of
such reference or apiteal to the court of appeals, such action operates as a su
persedeas if the employer ha* complied with the provisions o* the act as to
insurance, and no iwyments will be required until the questions are answered or
the appeal determined.
Awards on appeal, or those affirmed on appeal, mny be filed with the su
perior court of the county which shall thereupon render judgment in accord
ance therewith, such judgment to have the ;-;ame effect as if rendered in a
suit duly heard and determined by the court. If payment of compensation is
insured or provided for according to the terms of the act, no judgment shall
be entered or cx-vution issued except on application to the court and for
good cause shown. If it appear.* to the commission or the court that proceed
ings have been brought, prosecuted or defended without reasonable ground,
the whole cost of the proceedings may be assessed upon the moving party.
The commission may. on application of either party or on its own motion,
appoint a disinterested physician to examine and testify to the physical condi
tion of an injured employee at the expense of the State.
Attorneys’ and physicians* fees are to be reasonable, and subject to approval
by the commission, which h^r control of all questions in dispute, except as
otherwise heroin provided.]
Sec. 65 (as amended 1923, p. 92). Reports of injuries.— [Employers under
the act as required to keep records of all injuries to their employees on blanks
approved by the commission, forwarding a report of the same within 10 days
after the occurrence and knowledge thereof. Injuries to be reported are those
that require medical or surgical treatment or that cause absence from work
for more than seven days. A supplementary report must be made on the
termination of the disability. Failure to report is penalized but if the em
ployer has reported the injury to his insurance carrier for transmission to the
industrial commission, the penalty for failure will lie against the insurance
carrier, j
Sec. 66. Imurarwe.— [Employers under the act must fully insure and keep
insured their liability thereunder in an authorized corporation or organiza
tion, or by mutual insurance, unless otherwise ordered or permitted by the
commission. If self insurance is approved the commission may in its discre
tion require the deposit of acceptable security or bond covering the liabilities
TEXT OF LAWS— GEORGIA
165
that may be incurred. Nothing in this section is to bo construct! as requiring
an employer to place liis entire insurance with a single insurance carrier.!
Sec. 07 (as amended 192$, p. 92). Evidence of insurance.— [Employers are
required lo liitv annually, or as often as the commission deems necessary, satis
factory evidence of compliance with the provisions relative to insurance.]
S kc. 08. Nelf-inxurance.— [Certificates of self-insurance issued to approved
employers, to bo in force for a fixed period unless revoked on at least (50 days’
notice and hearing. New certificates may issue on petition after revocation.]
Skc*. *«>. Substitutes.— [Employers may enter into or continue any approved
agreement with their employees in lieu of the provisions of this act. Such
systems mn«t confer at least equivalent benefits, and if employees make con
tributions. there must be added benefits at least commensurate thereto. Such
system may be terminated by the commission on reasonable notice and hearing
if it apiiears that the scheme is not fairly administered, that there is danger of
insolvency, or if it fails to accomplish the purposes of the act. The proiier
distribution of assets is to be made by the commission subject to appeal to the
superior court of the county of the employer’s principal office or chief place
of business.]
Secs. 70-72. insurance policies*.— [Policies of insurance, including mutual,
reciprocal, and interinsurance contracts, must provide that notice or knowl
edge of an injury on the part of ihe employer is to be deemed notice or knowl
edge on the part of the insurer or insurers, also that they accept jurisdiction
and are bound by the awards, judgments, or decrees rendered against the em
ployer. Provision must also be made for direct liability of payments of com
pensation installments, not affected by any default in giving notice required
by such policy or otherwise, the policy to be enforceable in the name of the
person entitled to compensation. All policies and contracts are deemed to have
been made subject to the provisions of this act. The form of any such con
tract or policy must be approved by the commission. The act does not apply
to policies or insurance against loss from explosion of boilers or flywheel3
o.v other similar catastrophe hazards.]
Sec. 73. Premium rates.— [All premiums charged must be fair, reasonable,
and adequate, with duo allowance for merit rating; if covering risks of the
same kind and degree of hazard, they must be at the same rate by the same
carrier. Basic rates are to he f'led with the insurance commissioner and no
policy shall be valid until such tiling and approval. Modification plans based
on physical inspection or experience must also be filed and approved. Insur
ance carriers of all classes must make reports to the insurance commissioner
as provided by law. and for the purpose of determining solvency and adequacy
of rates and reserves the insurance commissioner may inspect all books and
records and examine agents, officers, and directors under oath.]
S ec. 74. Severability.— [The unconstitutional!ty or invalidity of any section is
not to affect the validity of other parts of the act.]
Sec. 75. Act in effect.— [The law came into effect March 1, 1921.]
Sec. 76 (as amended 1922, p. 77). Expenses to bo met.— [The total expenses
of the commission are to be prorated among the insurance companies writing
compensation insurance in the State, and self-insurers. The gross earned
premiums of the companies and the amount of premiums which a solf-insurer
will have to pay if insured are the basis, semiannual payment being required
subject to adjustment at the end of each year.]
HAWAII
R E V IS E D L A W S -1025
C h a p t e r 209.— W orkm en's compensation law
Suction 3604. Scope of law.—This# chapter shall apply to any and all indus
trial employment as hereinafter defined. If a workman receives personal injury
by accident arising out of and in the course of such employment, or by disease
proximately caused by such employment, or resulting from the nature of such
employment, his employer or the insurance carrier shall pay compensation in
the amounts and to the person or persons hereinafter specified.
Sec. 3005. Public employments.—This chapter shall apply to employees (other
than officials as hereinafter defined) of the Territory, and all counties, and all
other political subdivisions within the Territory.
Sec. 3606. Injuries not covered.—>\o compensation shall be allowed for an
injury caused (1) by the employee's willful intention to injure himself or to
injure another, or (2) by his intoxication. If the employer claims an exemp
tion or forfeiture under this section, the burden of proof shall be upon him.
Sec. 3607. Remedy exclusive.—The rights and remedies herein granted to an
employee on account of a i>ersonal injury for which he is entitled ro compensa
tion under this act shall exclude all other rights and remedies of such employee,
his personal representatives, dependents, or next of kin, at common law’ or
otherwise, on account of such injury.
Employers who hire workmen within this Territory to work outside of the
Territory may agree with such workmen that the remedies under this act shall
be exclusive as regards injuries received outside this Territory by accident
arising out of and in the course of such employment, and all contracts of hiring
in this Territory shall be presumed to include such an agreement.
Sec. 3608. Liability of third persons.— [If a third person is liable for injuries
suffered, the employee may sue him or claim compensation; if the latter, the
employer is subrogated to the employer's rights, but any excess recovery, less
costs, goes to the employee or his dependents. The amount of compensation
paid or payable shall not be put in evidence in an action for damages.]
Sec. 3609. Contracting out.—No contract, rule, regulation, or device what
soever shall operate to relieve the employer in whole or in part from any
liability created by this chapter.
Sec. 3630. Death benefits.—If death results from the injury within six
months, the employer or the insurance carrier shall pay to the persons entitled
to compensation; or if there be none, then to the personal representative of the
deceased employee, burial expenses not to exceed $100; and shall also pay to or
for the following persons for the following periods a weekly compensation equal
to the following percentages of the deceased employee’s average weekly wages
as defined in section 3618.
(a)
To the dependent widow or widower, if there be no dependent children,
40 per cent.
ib) To the dependent widow or widower, if there be one or two dependent
children. 50 per cent; or if there be three or more dependent children, 60 per
cent. Such compensation to the widow or widower shall be for the use and
benefit of such widow or widower and of the dependent children, and the indus
trial accident board may from time to time apportion such compensation
between them in such way as it deems best.
(c ) If there be no dependent widow or widower, but a dependent child or
children, then to such child or children 30 per cent, with 10 per cent additional
for each child in excess of two, with a maximum of 50 per cent, to be divided
equally among such children if more than one.
(d) If there be neither dependent widow, widower, nor child, but there be
a dependent father or mother, then to such parent, if wholly dependent 40
per cent, or if partially dependent 25 per cent, or if both parents be dependent
then one-half of the foregoing compensation to each of them; or, if there be
166
TEXT OP LAWS— HAWAII
167
no such parents, but a dependent grandparent, then to every such grandparent
the same compensation as to a parent.
(e)
If there be neither dependent widow, widower, child, parent, or grand
parent, but there be a dependent grandchild, brother, or sister, or two or more
of them, then to .such dependents 25 per cent for one such dependent and 5
per cent additional for each additional such dependent, with a maximum of
40 per cent to be divided equally among such dependents if more than one.
Sec. 3011. Dependent*.—The following persons, and they only, shall be
deemed dependents and entitled to compensation under the provisions of this
chapter.
A child if under 1C years of age, or incapable of self-support and unmarried,
whether ever actually dependent upon the deceased or not.
The widow only if living with the deceased, or actually dependent, wholly
or partially, upon him.
The widower only if incapable of self-support and actually dependent, wholly
or partially, upon the deceased at the time of her injury.
A parent or grandparent only if actually dependent, wholly or partially,
upon the deceased.
A grandchild, brother, or sister only if under 16 years of age. or incapable
of self-support, and wholly dependent upon the deceased. The relation of
dependency must exist at the time of the injury.
An alien shall not be considered a dependent within the meaning of this act
unless actually residing within the United States, and any alien dependent
leaving the United States shall thereupon lose all right to any benefits under
this chapter.
Si:e. 3012. Periods of compensation.—The compensation herein provided for
shall bo payable during the following periods:
To a widow, until death or remarriage, but in no case to exceed 312 weeks.
To a widower, during disability or until remarriage, but in no case to
exceed 312 weeks.
To or for a child, until 16 years of age, but in the case of a child incapable
of self-support and unmarried as long as so incapable, but in no case to exceed
104 weeks beyond said age of 16 years.
To a parent or grandparent, during the continuation of a condition of actual
dependency, but in no case to exceed 3.12 weeks.
To or for a grandchild, brother, or sister, during dependency as hereinbefore
defined, but in no case to exceed 312 weeks.
Upou the cessation of compensation under this section to or on account of
any person, the compensation of the remaining persons entitled to compensa
tion for the unexpired part of the period during which their compensation is
payable shall be that which such persons would have received if they had been
the only persons entitled to compensation at the time of the decedent’s death.
S ec. 3613. Who are dependents.—As used in this chapter the term “ child”
includes stepchildren, adopted children, posthumous children, and illegitimate
children, acknowledged previous to the injury, but does not include maiTied
children unless dependent. The terms “ brother” and “ sister*’ include step
brothers, and stepsisters, half-brothers and half-sisters, and brothers and sisters
by adoption, but do not include married brothers nor married sisters unless de
pendent. The term “ grandchild ” includes children of adopted children and
children of stepchildren, but does not include stepchildren of children, step
children of stepchildren, stepchildren of adopted children, nor married grand
children, unless dependent. The term “ parent” includes step-parents and
parents by adoption. The term “ grandparent ” includes parents of parents by
adoption, but does not include parents of step-parents, step-parents of parents,
nor step-parents of step-parents.
Sec. 3614. Basic wages, etc.—In computing death benefits the average weekly
wages of the deceased employee shall be considered not to be more than $36
nor less than $5: but the total weekly compensation shall not exceed in any
case the average weekly wages computed as provided in section 15, nor shall
the amount of compensation paid in any case exceed in the aggregate the sum
of $5,000.
Payment of death benefits by an employee in good faith to a dependent
subsequent in right to another or other dependent shall protect and discharge
the employer unless and until such dependent or dependents prior in right
shall have given him notice of his or their claim. In case the employer is in
doubt as to the respective rights of rival claimants he may apply to the in
dustrial accident board to decide between them.
168
w o r k m e n 's COMPENSATION IAWS— UNITED STATES
In case death occurs after a period of disability, either total or partial, the
period of disability shall be deducted from the total periods of compensation
respectively staled in section 9.
The compensation of a person who is insane shall be paid to his or her
guardian.
Wee. 361 i). Medical, etc., aid.— [The employer must immediately furnish an
injured employee such medical, surgical and hospital services and supplies as
the nature of the injury may require, costs to be according to prevailing
standards. If not so supplied, the employee may secure rhe same at the em
ployer's cost. Willful refusal of services or obstruction of treatment may. in
the discretion of the board, be construed as a waiver !n whole or in part of
the employee’s right to such aid. 1
Sec. 301C. Total d is a b i li t y Where the injury causes total disability for
work the employer during such disability, but not including the first seven days
thereof, shali pay the injured employee a weekly compensation equal to 60
per cent of his average weekly wages, but not more than $20 nor less than. $5
a week, except as in the next succeeding paragraph provided. In no case shall
the weekly payments continue after the disability ends, nor longer than 812
weeks, nor shall the amount of compensation paid in any case exceed in the
aggregate the sum of $5,000. But no adjudication of permanent disability shall
be made until after two weeks from the date of injury.
In case of an employee whose average weekly wages are less than $5 a week
the weekly compensation shall be the full amount of the average weekly wages,
but where the disability is permanent the weekly compensation in such eases
shali be $5. In case the total disability begins after a period or* partial dis
ability, tiie period of partial disability shall be deducted from the aforesaid
tola I period of 812 weeks.
In the case of the following injuries the disability caused thereby shall bo
deemed total and permanent, to w it:
(1) The total and permanent loss of sight in both eyes.
(2) The loss of both feet at or above the ankle.
(3) The loss of both hands at or above the wrist.
(4) The loss of one hand and one foot.
(5) An injury to the spine resulting in permanent and complete paralysis
of buth legs or both arms or oi* one leg and one arm.
(0) An injury to the skull result mg in incurable imbecility or insanity.
The above enuincrnch'u is not. to be taken as exclusive.
Sec. 3617. Partial dinabUity.— {a) Partial disability. Where the injury
causes partial disability for work, the employer, during such disability and for
a period of 312 weeks beginning with the first day of disability, shail pay the
inj mod workman a weekly compensation equal to 50 per cent of the difference
between his average weekly wages before the accident and the weekly wages
he will most probably be able to earn thereafter, but not more than $12 a week.
In no case shall the weekly payments continue after the disability ends, and in
case the partial disability begins after a period of total disability the period of
total disability shall be deducted from such total period of 312 weeks, nor shall
the amount of compensation paid in any case exceed in the aggregate the sum
of $5,000. But no adjudication of disability shali be made until after two
weeks from the dale of injury.
(b)
Permanent partial disability. In case of disability partial in character
but permanent in quality the compensation shall be 50 per cent of the average
weekly wages and shall be paid to the employee for the period named in the
schedule as follows:
Thumb. For the loss of a thumb, 60 weeks.
First finger. For the loss of a first finger, commonly called index finger,
46 weeks.
Second finger. For the loss of a second finger, 30 weeks.
Third finger. For the loss of a third finger, 25 weeks.
Fourth finger. For the loss of a fourth finger, commonly called the little
finger, 15 weeks.
Phalange of thumb or finger. The loss of the first phalange of the thumb
or finger shall be considered to be equal to the loss of one-half of such thumb
or finger, 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 en
tire thumb or linger: Provided, however, That in no case shall the amouut re
TEXT OP LAWS— HAWAII
169
ceived for more than one finger exceed the amount provided in this schedule
for the loss of a hand.
Great toe. For the loss of a great toe, 38 weeks.
Other toes. For the loss of one of the toes other than the great toe*
16 weeks.
Phalange of toe. The loss of the first phalange of any toe shall be considered
to be equal to the loss of one-half of said toe, and the compensation shall be
one-half of the amount specified. The loss of more than one phalange shall
be considered as the loss of the entire toe.
Hand. The loss of a hand, 244 weeks.
Arm. For the loss of an arm, 312 weeks.
Fool. For the loss of a foot, 205 weeks.
Leg. For the loss of a leg, 88 weeks.
Eye. For the loss of an eye, 128 weeks.
Ear. The permanent and complete loss of hearing in both ears, 312 weeks.
Tho permanent and complete loss of hearing in one ear, GO weeks. The loss of
both ears, 128 weeks. The loss of one ear, 60 weeks.
Loss of use. Permanent loss of the use of hand, arm, foot, leg, eye, thumb,
finder, toe, or phalange shall be considered as the equivalent of the loss of
such hand, arm, foot, leg, eye, thumb, finger, toe, or phalange.
In cases of permanent partial disability, due to injury to a member named
in this schedule, resulting in less than total loss of the member or in less than
total loss of use thereof, and where the disability is not otherwise compen
sated in this schedule, compensation shall be paid at the rate prescribed in
this schedule for the total loss of or the total loss of use of the member, and
for a period to be determined as follows: The percentage of permanent partial
disability to total disability for the same member in the schedule shall be
(letenniueu and the compensation hereinabove prescribed shall be paid for .such
portion of the period hereinabove prescribed for total loss or total loss of use
c-i i no mendier, as such percentage of disability bears to total disability of the
member.
Amputation. Amputation between the elbow and the wrist shall be considered
as (lie equivalent of the loss of a hand. Amputation between the knee and the
anfcie shali be considered as the equivalent of the loss of a foot. Amputation
at or ai:ove the elbow shall be considered as the loss of an arm. Amputation
at or above the knee shall be considered as the loss of a leg.
The compensation for the foregoing specific injuries shall be in lieu of
all other compensation, except the benefits provided in sections 3615 and
80i6: Provided, however, That payments of compensation under this section
shall not commence until after the period of total or partial disability shall
have terminated.
In ease oli an injury resulting in serious facial or head disfigurement the
board may. in its discretion, make such award or compensation as it may deem
proper and equitable in view of the nature of the disfigurement, but not to
exceed $5,000.
Other cases. In all other cases in this class of disability the compensation
shall i»e 50 per cent of the difference between his average weekly wages and his
wa^e-carnlng capacity thereafter in the same employment or otherwise, payable
during the continuance of such partial disability, but subject to reconsideration
oif Ihe degree of such impairment by the board on its own motion or upon
application of any party in interest: Provided, however, That in no case under
thi' paragraph shall the weekly payments continue for a longer period than
811? week*. The total compensation under this section and the total compen
sation under section 361.6, taken together, shall not exceed in the aggregate
llie sum of $5,000.
o>:c. 3618. Computation of wages,—Average weekly wages shall be computed
in such a manner as is best calculated to give the average weekly earnings of
the workman during the 12 months preceding his injury: Provided, That where,
by reason of the shortness of the time during which the workman has been
in the employment, or the casual nature of the employment, or the terms of the
employment, it is impracticable to compute the rate of remuneration, regard
may he had to the average weekly earnings, which, during the 12 months pre
vious to the injury, were being earned by a person in the same grade employed
at the same work by the employer of the injured workman, or if there is no
person so employed, by a person in the same grade employed in the same class
of employment and in the same district.
170
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COMPENSATION LAWS— UNITED STATES
If a workman at the time of the injury is regularly employed in a higher
grade of work than formerly during the year and with larger regular wages,
only such larger wages shall be taken into consideration in computing his aver
age weekly wages.
Sec. 3019. Advances.—Any payments made by the employer or his insurer to
the injured workman during the period of his disability, or to his dependents
which, by the terms of this act, were due and payable when made, may, sub
ject to tlio approval of the board, be deducted from the amount to be paid as
compensation: Provided, That in case of disability such deduction shall be
made by shortening the period during which compensation must be paid, and
not by reducing the amount of the weekly payments under sections 3610 and
3617.
Sec. 3020. Time of payments.—The board, upon the application of either
party, may, in its discretion, having regard to the welfare of the employee and
the convenience (if the employer, authorize compensation to be paid monthly
or quarterly instead of weekly.
S kc. 3021. Lump sums.—Whenever the board determines that it is for the
best interest of all parties, the liability of the employer for compensation may,
on application to the board by any parly interested, be discharged in whole or
in part by the payment of one or more lump sums to be fixed by the board.
S ec. 3022. Trustees.— ’Whenever for any purpose the hoard deems it expedient
any lump sum which is to be paid as provided in section 3021 shall be paid
by the employer to some suitable person or corporation appointed by the circuit
court in the jurisdiction of which the injury occurred as trustee to administer
or apply the same for the benefit of the person or persons entitled \hereto in the
manner provided by the board. The receipt of such trustee for the amount
so paid shall discharge the employer or any one else who is liable therefor.
S ec. 3023. Medical eraminulionx.— [During disability an injured workman,
whenever ordered by the board, must submit to examination by a physician
designated and paid by the employer, but may have lii«s own physician present.
Refusing or obstructing examination suspends benefits, and no compensation
shall be payable for the period of nicli refusal or obstruction.]
S e c s . 3024-3028. Notice and eh/im.— [Notice of injury must be given as
soon as practicable and claim pi ami within three month*, or in case of
death within three mouths after the death: death claims must he submitted
whether or not the employee himself has applied for compensation. If
medical, etc., benefits or compensation payments have been voluntarily made,
the making of claim as above is not required. Notice and claim are to be
made in writing, and may be made at the same time, either by the claimant
himself or someone in his behalf. Notice to one of the parties, or the
agent or officer of t\ corporation may be construed as notice to the employer
and shall be by delivery or by registered loiter. Inaccuracies not actually
misleading will not invalidate notice, nor will want or delay of notice be a
bar to the claim if it appears that the employer, the agent or representative
had knowledge of the accident, or that the employer was not prejudiced by
such delay or want of notice. Limitations of time do not: run against minors
or incompeteut persons so long as they have no guardian or next friend.]
Secs. 3029-3032. Industrial accident board.— [Boards of five members ap
pointed by the governor for each county of the territory are provided for.
Appointees hold office for terms of five years, one term expiring each year.
Each board has jurisdiction in its own county unless the principal business
or occupation of the employer is in another county, when the board of such
county has jurisdiction. No salary is provided for the members, though their
expenses arc to be paid. Salaried employees may be appointed as deemed
necessary.
Boards have power to make rules for carrying out the provisions of the
act, may subpoena witnesses, administer oaths, examine books and records, etc.
Process and procedure are to be summary and as simple as reasonably may
be. The circuit court has power to enforce attendance, the testimony of
witnesses, and the production and examination of books, papers, and records.
The board is to furnish free of charge necessary blanks for employers and
employees.]
Secs. 3633-3045. Procedure.— [The parties may agree as to compensation,
and file a memorandum with the board, which, if approved by it becomes
enforceable as an award. No agreement for a less sum than that found by
the board to be due will be a bar to a determination of the controversy upon
TEXT OF LAWS-rHAWAll
171
its merits, or to the award of a birger sum by the board. If the claim is not
settled by agreement, the board may provide for a full trial and an award,
stating conclusions of fact and rulings of law. Prior to the filing of the
claim either party may apply to the board for the formation of a committee
of arbitration of three members, one of whom shall be a member of the board,
the other two being named by the parties, or after seven days, the board
may fill the vacancy. Such arbitration committee proceeds the same as the
board.
Each board may appoint a duly qualified impartial physician to examine
the injured employee, fees and excuses of arbitrators to be paid out of the
funds appropriated by the legislature.
The board may review an award, or take action if the committee fails to
make an award within 80 days after its formation. It may at any time, either
on its own motion or on the application of any party, reopen any case on the
ground that fraud has been practiced; reviews may be had not oftener than
once in six mouths on the ground of a change of conditions. Modification may be
made, but does not affect, commutations of payments as provided in section 3621.
Awards of boards are conclusive unless within 20 days appeal is taken to the
circuit court, which may prescribe the procedure to bo followed. The right
of trial by jury shall be deemed to be waived unless claimed within 10 days
from the date the appeal was entered. Questions of law may be certified by
the board to the supreme court of the Territory.
A certified copy of an award not appealed from, or if appealed from not sus
pended by supersedeas or stay, or a certified copy of a memorandum of agree
ment approved by the board, may be filed with the circuit court and be enforce
able as a decree or judgment by the court. Where an award i3 appealed from,
but payments are not staid, it must be provided that the award will become null,
and void in the event of the court setting aside the decision or award of the
board.
If on any proceedings the committee or court finds that proceedings have
been brought, prosecuted, or defended without reasonable ground, the whole
cost may be assessed against the offending party.
In general all questions under the act not settled by an agreement of the
j tarlies are determinable by the board, except as otherwise herein provided.
Appeals do not operate as a supersedeas or stay unless so ordered. If awards
are revoked or modified, the court iu which they have been filed shall revoke
or modify its prior decree or judgment.]
Sec. 3646. Injuries outside the Territory.—If a workman who has been hired
in this Territory receives personal injury by accident arising out of and in the
course of such employment, he shall be entitled to compensation according
to the law of this Territory, even though such injury was received outside this
Territory.
If a workman who has been hired outside of this. Territory is injured while
engaged in his employer's business, and is entitled to compensation for such
injury under the law of the State or Territory whore he was hired, he shall be
entitled to enforce against his employer his rights in this Territory if his
rights are such that they can reasonably be determined and dealt with by
the board and the court in this Territory.
S ecs. 3647, 3648. Preferences and assignments.— [Claims for compensation
have the same preferences as unpaid wages. •They are not assignable, and
are exempt from the claims of creditors. Physicians and attorneys’ fees are
not a valid claim against the person unless and until approved by the board.]
S ecs. 3649-3657. Insurance.— [Private employers must secure compensation
for their employees by insuring, depositing securities, or furnishing satisfactory
proof of their ability as self-insurers. Questions of sufficient security or finan
cial ability are subject to review by the circuit court of appeals. Employers
must notify the hoard of insurance taken out under the above requirements.
Failure to comply entails a penalty of $1 a day for each employee, and after
30 days default, the employer may be enjoined from carrying on his business
until compensation is secured as required. Policies must cover the entire lia
bility of the employer and enable the employees to enforce in their own names
their individual rights. Policies must be of a standard form, approved by
the board, and must contain a provision that, as between the employee and
the insurance corner the employer’s notice or knowledge shall be deemed to
be notice or knowledge on the part of the carrier, and that it accepts juris1965°—26------12
172
w o r k m e n ’s COMPENSATION LAWS----UNITED STATES
diction in case of awards, etc., against him. The employer's insolvency does
not relieve the carrier as respects payments on aceount of injuries sustained
during the life of the policy. Cancellation of policies is not permitted during
a term without at least 10 days* notice. The Territory and its municipalities
may insure with any authorized carrier. No agreement by employees to pay
any portion or the insurauce premium, or to contribute to benefit funds is
valid; deductions from wages for such purposes arc a misdemeanor.]
S e c . 8058. inspections.—-The board shall have the right to inspect the plants
and establishments of all employers in the Territory, and the inspectors des
ignated by the b< ard shall have free access to such premises during regular
working hours, and at other reasonable times.
Sec. 36o9. Reports of accidents.— (Employers must keep records of all known
injuries to employees, and report those causing absence from work of one day
or more on blanks to be procured from the board. Supplemental reports are to
be made on the termination of disability, or within 60 days, if the disability
extends beyond that period, with a final supplemental report. Reports are to
give prescribed data, and such other information as the board may require.
Reports of total compensation paid, and of medical services are to be made
within 60 days after the termination of the disability.]
Seo. 3660. Interstate commerce.—This chapter shall affect the liability of
employers to employees engaged in interstate or foreign commerce or otherwise
only so far as the same is permissible under the laws of the United States.
Sec. 3661. Reports of boards,—Annually on or before the 1st day of February
the board of each county shall make a report to the governor, which shall
be transmitted to the legislature and which shall include a properly classified
statement of the expenses of the board, together with any other matters which
the board deems proper to report, including any recommendations it may desire
to make.
h»EC. 3662. Acts of majority.—Whenever under this chapter any award, order,
rule, regulation, or decision is required or authorized to be made by the board
or by a committee of arbitration the action of a majority of the members of
such board or committee shall be considered as the action of such board or
conmiiir.ce, respectively, as the case may be.
Seo. 3663. Definitions.—In this chapter, unless the context otherwise requires:
(a)
“ Employer,” unless otherwise stated, includes any body of persons,
corporate or unincorporated, public or private, and the legal representative of
a deceased employer. It includes the owner or lessee of premises, or other per
son who is virtually the proprietor or operator of the business there carried
on. but who, by reason of there being an independent contractor, or for any
other reason, is not the direct employer of the workmen there employed. If
the employer is insured it includes his insurer as far as applicable.
(ft) “ Workman” is used as synonymous with “ employee** and means any
person who has entered into the employment of. or works under contract of
service or apprenticeship with, an employer. It does not include a person whose
employment is purely casual or not for the purpose of the employer’s trade or
business, or whose remuneration from any one employer, excluding pay for
overtime, exceeds §36 a week. Any reference to a workman who has been
injured shall, where the workman is dead, include a reference to his deitendents
as herein defined, if the context so requires, or, where the employee is a minor
or incompetent, to his guardian or next friend.
(c) “ Injury” or “ personal injury” includes death resulting from injury
within six months.
(d) The words “ personal injury by accident arising out of and in the course
of such employment ” shall include an injury caused by the willful act of a third
person directed against an employee because of his employment.
(v ) “ Industrial employment,” in the case of private employers, includes
employment only in a trade, occupation, or profession which is carried on by
the employer for the sake of pecuniary gain.
Public employment means employment by the Territory, or by a county, or
by any political subdivision of the Territory.
It does not include the employment of public officials who are elected by
popular vote or who receive salaries exceeding $1,800 a year.
if) The word “ board” or words “ industrial accident board,” whenever used
in this chapter, unless the context shows otherwise, shall be taken to mean the
industrial accident board of the resi>ective county.
TEXT OP LAWS— HAWAII
173
(jj) “ Partial disability.” Diminished ability to obtain employment owing
to disfigurement result ing from an injury may be hold to constitute partial dis
ability.
(h) “ Wages” shall include the market value of board, lodging, fuel, and
other advantages which can be determined in money which the employee re
ceives from ilie employer as a part of his remuneration. “ Wages ” shall not
include any sums which the employer has paid to the employee to cover any
special expenses entailed on him by the nature of his employment.
(/) “ Insurance carrier” shall include stock corporation or mutual associa
tions from any of which employees have obtained workmen’s compensation in
surance or guaranty insurance in accordance with the provisions of this chapter.
(j) The word “ county” includes the city and county of Honolulu.
( k ) Any term shall include the singular and plural and both sexes where
the context so requires.
Sec. 3064. Provisions severable.—If any part or section of this chapter be
decided by the courts to be unconstitutional or invalid, the same shall not affect
the validity of the chapter as a whole or any part thereof which can be given
effect without the part so decided to be unconstitutional or invalid.
Sisc. 3G05. False representations.—If for the purpose of obtaining any benefit
or payment under the provisions of this chapter, either for himself or for any
other person, anyone willfully makes a false statement or representation, he
shall be guilty of a misdemeanor and liable to a fine of not exceeding $250.
Skc. 36GG. Rules of construction.— (a) The rule that statutes in derogation of
the common law are to be strictly construed shall have no application to this
act.
(?>) This act shall be so interpreted and construed as to effect its general
purpose to make uniform the law of those States which enact it.
S k c . 3067. Title.—This chapter may be cited as the “ Workmen’s compensa
tion law.”
IDAHO
COMPILED STATUTES—1919
Chapter 230.—Compensation of workmen for injuries
Article 1
Section C213. Employments covered.—This chapter shall apply to all public
employment as defined in section 0215 and to all private employment in a trade
or occupation which is carried on by (he employer for the sake of pecuniary
gain, not expressly excepted by the provisions of section 0210.
Sec. 0214. Common-law system abolished.— [The nature and effects of the
common-law system of action for injuries to employees are set forth, and the
redress for such injuries is “ withdrawn from private controversy,” all juris
diction of the courts over such causes is abolished except as in this chapter
provided.]
Sec. 0215. Public employment.—This chapter shall apply to emploj-ee.s of the
State and of all counties, cities, cities under special charter or commission form
of government, villages, school districts, irrigation districts, drainage districts,
highway districts, road districts, and other public and municipal corporations
within the State; but not to public officials who are elected by popular vote or
who receive salaries exceeding $2,400 a year. Policemen and firemen and
others entitled to pensions shall be deemed employees within the meaning of
this chapter. If, however, any policeman or fireman or other person entitled
to a pension claims compensation under this chapter there shall be deducted
from such compensation any sum which such policeman or fireman or other
person may be entitled to receive from any pension or other benefit fund to
which the State or municipal body may contribute.
Sec. 0210 (as amended 1921. ch. 220). Excluded employments.—None of
the provisions of this chapter shall apply to (1) Agricultural pursuits; (2)
household domestic service; (3) casual employment; (4) employment by chari
table organizations; or (5) employment of outworkers; or of (0) members of
the employer’s family dwelling in his house, unless the employer and employed
expressly agree in writing filed with the board that the provisions of the chap
ter shall apply. Any such agreement, may be terminated by either party upon
00 days’ notice to the other and to the board in writing prior to any accident.
Agricultural pursuits, as used herein, shall include the caretaking and
haudling of livestock on inclosed lands and public ranges.
Article 2
Section 0217. Right to oo-mpensation.—If a workman receives personal in
jury by accident arising out of and in the course of any employment covered
by this chapter his employer or the surety shall pay compensation in the
amounts and to the person or persons hereinafter specified.
Sec. 0218. Injuries not covered.—No compensation shall be allowed for an
injury caused (1) by the employee's willful intention to injure himself or to
injure another, or (2) by his intoxication. If the employer claims an exemp
tion or forfeiture under this section the burden of proof shall be upon him.
Skc. 0219. Remedy exclusive.— [Rights and remedies for injuries compensable
under this act are exclusive, and contracts involving service outside the State
will be presumed to include an agreement to that effect.]
Sec. 0220. Injuries by third persons.— [Where a person other than the em
ployer is liable in damages, the employee may either claim compensation or
sue; but if he claims compensation, the person liable therefor is subrogated
to the rights of the injured employee; but any excess recovery, less costs, goes
to such employee.]
Secs. 0221, 0222. Contracting out.— [Waivers of the obligations fixed by this
not are forbidden, but substitute schemes may be adopted, if approved by the
board, by which at least equivalent benefits will be secured; and if the em
ployees contribute, corresponding added benefits.]
174
TEXT OF LAWS— IDAHO
175
A rticle 3
S ectio n 6223 (as am ended 1921, ch. 217). Compensation for death.— I f death
results from the in ju ry w ithin tw o years, the em ployer or the surety shall pay
to the personal representative o f the deceased em ployee burial expenses not to
exceed $200, and shall also pay to or for the follow in g persons for the follow
in g periods a w eekly com pensation equal to the follow in g percentages o f the
deceased em ployee's average w eekly w ages as defined in section 6237.
(1) To the dependent widow or widower, if there be no dependent children,
45 per cent.
(2) To the dependent widow or widower, if there be a dependent child or
children, 55 per cent for such widow or widower and children. Such compen
sation to the widow or widower shall be for the use and benefit of such widow
or widower and of the dependent children, and the board may from time to
time apportion such compensation between them in such way as it deems best.
If a child has a guardian other than the surviving widow or widower, the com
pensation payable on account of such child shall be paid to such guardian.
(3) If there be no dependent widow or widower, but a dependent child or
children, 25 per cent for one child and 10 per cent for each additional child,
not to exceed a total ot 55 per cent to be divided equally among such children
if more than one.
(4) To the parents, if one be wholly dependent'for support upon the de
ceased employee at the time of his death and the other is not dependent to
any extent, 25 per cent; if both are wholly dependent, 20 per cent to each;
if one be or both are partly dependent, a proportionate amount in the discretion
of the board.
The above percentages shall be paid if there be no dependent widow, widower,
or child. If there be a widow, widower, or child, there shall be paid so much
of the above percentages as, when added to the total percentages payable to
the widow, widower, and children, will not exceed a total of 55 per cent.
(5) To the brothers, sisters, grandparents, and grandchildren, if one be
wholly dependent upon the deceased employee for support at the time of his
death, 20 per cent to such dependent; if more than one be wholly dependent,
30 per cent, divided among such dependents share and share alike; if there be
no one of them wholly dependent, but one or more partly dependent, 10 per cent
divided among such dependents share and share alike.
The above percentages shall be paid if there be no dependent widow, widower,
child, or parent. If there be a dependent widow, widower, child or parent,
there shall be paid so much of the above percentages as, when added to the
total percentage payable to the widow, widower, children, and dependent par
ents, will not exceed a total of 55 per cent.
(6) In case there are two or more classes of persons entitled to compensa
tion under this section and the apportionment of such compensation, above pro
vided, would result in injustice, the board may, in its discretion, modify the
apportionment to meet the requirements of the case. In case there are no de
pendents of deceased employee, the employer shall pay into the State treasury
to be deposited in the industrial administration fund the sum of $1,000.
Sec. 6224. Dependents.—The following persons, and they only, shall be
deemed dependents and entitled to compensation under the provisions of this
chapter:
A child if under 18 years of age. or incapable of self-support and unmarried,
whether actually dependent upon the deceased or not.
The widow only if living with the deceased, or actually dependent wholly or
partially, upon him.
The widower only if incapable of self-support and actually dependent, wholly
or partially, upon the deceased at the time of her injury.
A parent or grandparent only if actually dependent, wholly or partially,
upon the deceased.
A grandchild, brother, or sister only if under 18 years of age, or incapable
of self-support, and wholly dependent upon the deceased.
The relation of dependency must exist at the time of the injury.
Sec. 6225. Periods of compensation.—The compensation herein provided for
shall be payable during the following periods:
To a widow, until death or remarriage, but in no case to exceed 400 weeks.
To a widower, during disability or until remarriage, but in no case to exceed
400 weeks.
176
w o r k m e n 's COMPENSATION LAWS— UNITED STATES
To or for a child, until 18 years of age. but in the Cii.se of a child incapable
of self-support and unmarried as long as so incapable, but in no case to exceed
400 weeks beyond said age of 18 years.
To a parent or grandparent, during the continuation of a condition of actual
dependency, but in no case to exceed 400 weeks.
To or for a grandchild, brother, or sifter, daring dependency as hereinbefore
defined, but in no case to exceed 400 weeks.
Upon the cessation of compensation under this section to or on account of any
person, the compensation of the remaining persons entitled to compensation
for the unexpired part of the period, during which their compensation is pay
able shall be that which such persons would have received if they had been the
only persons entitled to compensation at the time of the decedent’s death.
Sec . (5226. Allens.—Except as otherwise provided by treaty, whenever, under
the provisions of this chapter, compensation is payable to a dependent who is
an alien not residing in the United Suites, the employer shall pay 50 per (tent
of the compensation herein otherwise provided to such dependent, and the
remaining 50 per cent into the State treasury to be deposited in the industrial
administration fund. But if a nonresident alien dependent is a citizen ot* a
government having a compensation law which excludes citizens of the United
States, either resident or nonresident, from partaking of the benefit of such law
in as favorable a degree as heroin extended to nonresident aliens, then all of
the compensation which would otherwise be payable to such dependent shall
be paid into the industrial administration fund.
Sec. 6227. Definitions.—As used in the foregoing sections the term “ child”
includes stepchildren, adopted children, posthumous children, and iicknmvledged
illegitimate children, but does not include married children unless dependent.
The terms “ brother” and “ sister” include stepbrothers and stepsisters, half
brothers and half sisters, and brothers and sisters by adoptiou. hut do n<»t in
clude married brothers nor married sisters unless dependent. The term “ grand
child ” includes children of adopted children and children of stepchildren: but
does not include stepchildren of children, stepchildren of stepchildren, stepchil
dren of adopted children, nor married grandchildren, unless dependent. The
term “ parent” includes step-parents and parents by adoption. The ierni
“ grandparent” includes parents of parents by adaption, but dues not include
parents of step-parents, step-parents of parents, nor step-parents of step-parents.
The words “ adopted ” and “ adoption ” as used in this act shall include eases
where persons are treated as adopted as well as those of legal adoption.
Sec. 6228. Death benefits.—In computing death benefits the total weekly com
pensation shall be subject to a maximum of $12 per week, and a minimum of
$6 per week, but if at the time of the injury the employee received wages of
less than $6 per week, then the compensation shall not exceed the full amount
of such wages.
Payment of death benefits by an employer in good faith to a dependent sub
sequent in right to another or other dependents shall protect and discharge the
employer unless and until such dependent or dependents prior in right shall
have given him notice of his or their claim. In case the employer is in doubt
as to the respective rights of rival claimants he may apply to the hoard to
decide between them.
In case death occurs after a period of disability, either total or partial, the
period of disability shall be deducted from the total periods of compensation
respectively stated in section 6225.
The compensation of a person who is insane shall be paid to his or her
guardian.
Sec. 6229. Medical attendance.—The employer shall provide for an iujured
employee such reasonable medical, surgical, or other attendance or treatment,
nurse and hospital service, medicines, crutches, and apparatus as may be
required or be requested by the employee immediately after an injury, and
for a reasonable time thereafter. Tf the employer fails to provide the same,
the injured employee may do so at the expense of the employer. All fees
and other charges for such treatment and services and compensation therefor
shall be subject to regulation by the board. The pecuniary liability of the
employer for the treatment and other 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 person. In determining what fees and charges are reasonable,
the board shall consider the increased security of payment afforded by this
chapter.
TEXT OP LAWS— IDAHO
177
S ec. 6230. Hospital contracts.—Nothing in this act shall be construed as pre
venting employers and workmen from waiving the provisions of section 6229
and entering into mutual contracts or agreements providing for hospital
bene/its and accommodations to be furnished to the employee.
Such hospital contracts or agreements must provide for medical, hospital,
and surgical attendance for such employee for sickness contracted during the
employment (except venereal diseases and sickness as a result of intoxica
tion), as well as for injuries received arising out of and in the course of the
employment.
No assessment of employee for such hospital contracts or benefits shall
exceed $1 per month for each employee, except in cases where it shall appear
to the satisfaction of the board, after a hearing had for that purpose, that
the actual cost of such service exceeds the said sum of $1 per month, and
any such finding of the board may be modified at any time when justified by
a change of conditions, or otherwise, either upon the board’s own motion, or
the application of any party in interest.
No profit, directly or indirectly, shall be made by any employer as a result
of such hospital contract or assessment. It is the purpose and intent of this
act to provide that each and every hospital maintained wholly or in part by
payments from workmen, which furnishes treatment and services to employees
for sickness and injury, as provided in this act shall be under the supervision
of the board as to services and treatment rendered such employees, and shall,
from time to time, make reports of such services, attendances, treatments,
receipts, and disbursements as the board may require.
Si-:c. 6230A (added 1921, ch. 217). Bonds.— [Before approving any such hospi
tal contract, the board may require a surety bond in the penal sum of $5,000
to secure the faithful performance of the obligation of the chapter as to
medical, etc., aid.]
Sec. 6231 (as amended 1921, ch. 217). Total disability.—Where the injury
causes total disability for work, the employer during such disability, but not
including the first seven days thereof, shall pay the injured employee weekly
compensation equal to 55 per cent of his average weekly wages, but not more
than $12 nor less than $0 per week for a period not exceeding 400 weeks, and
thereafter a weekly compensation of $6 a week.
If such employee have a wife but no dependent minor child, the employer
shall pay to such injured employee weekly compensation equal to 60 per cent
of his average weekly wages, but not more than $13.10 nor less than $6.55
per week, for. a period not exceeding 400 weeks.
If the injured employee have a wife and a dependent minor child or chil
dren. or. being a widower, having any such dependent minor child or children,
the weekly payments in the preceding paragraph shall be increased by 5 per
cent of the average weekly wage for each such child, but the total weekly
compensation shall not exceed $16 ]>er week. If such total disability shall
exceed a period of four weeks, then he shall receive compensation for three
weeks ami four days and for one day additional for each week after the
expiration of four weeks up to and including the seventh week. In no case
shall the weekly payments continue after the disability ends. In case the
total disability begins after a period of partial disability, the period of partial
disability shall be deducted from such total period of 400 weeks.
Sei . 6232. Presumptions.—In the case of the following injuries in the
absents, of conclusive proof to the contrary the disability caused thereby,
shall be deemed total and permanent, to wit:
(1) The total and permanent loss of sight in both eyes.
(2) The loss of both feet at or above the ankle.
(3) The loss of both hands at or above the wrist.
(4) The loss of one hand and one foot.
(5) An injury to the spine resulting in permanent and complete paralysis
of both legs or arms or of one leg and one arm.
(6) An injury to the skull resulting in incurable imbecility or insanity.
The above enumeration is not to be taken as exclusive.
Seo. 6233 (as amended 1921, ch. 217). Partial disability.—Where the in
jur.^ causes partial disability for work, the employer during such disability
and for a period not exceeding 150 weeks, shall pay the injured workman a
weekly compensation equal to 55 per cent of the difference between this
[his] average weekly wages before the accident and the weekly wages he is
able to earn thereafter, but not more than the weekly compensation provided
178
w o r k m e n 's COMPENSATION LAWS— UNITED STATES
in section G231. In no case shall the weekly payments continue after the (Us
ability ends, and in case the partial disability begins after a period of total
disability the period of total disability shall bo deducted from such total
period of 150 weeks.
S ec. 6234 (as amended 1921, ch. 217). Schedule.—Iu the case of the follow
ing injuries the compensation shall be 55 per cent of the average weekly
wages, but not more than the weekly compensation provided in Section 6231,
in addition to all other compensation, for the periods stated against such
injuries respectively, to wit:
For the loss of—
Weeks
One arm at or near the shoulder__________________________ 200
One arm at the elbow_____________________________________ 180
One arm between the wrist and elbow_____________________ 300
One hand________________________________________________ 150
One thumb and the metacarpal bone thereof________________ 60
One thumb at the proximal joint___________________________ 30
One thumb at the second distal joint---------------------------------- 20
One first finger and the metacarpal bone thereof------------------- 30
One first finger at the proximal joint_______________________ 20
One first finger at the second joint_________________________
15
One first finger at the distal joint_________________________
30
One second finger and the metacarpal bone thereof---------------- 30
One second finger at the proximal joint___________________
15
10
One second finger at the second joint_______________________
One second linger at the distal joint______________________
5
One third finger and the metacarpal bone thereof___________ 20
One third finger at the proximal joint____________________ 12
One third finger at the second joint_______________________
8
One third finger at the distal joint______________________ _
4
One fourth finger and the metacarpal bone thereof-------------- 12
One fourth finger at the proximal joint-----------------------------9
One fourth finger at the second joint______________________
0
One fourth finger at the distal joint_______________________
3
One leg at or near the hip joint as to preclude use of ariitieittl
limb____________________________________________________ 180
One leg at or above the knee where stump remains .sufficient
to permit the use of an artificial limb____________________ 150
One leg between the knee and ankle_______________________ 140
One foot at the ankle_____________________________________ 125
One great toe with the metatarsal bone thereof--------------------- 30
15
One great, toe at the proximal joiut______________________
One great toe at the second joint--------------------------------------- 30
One toe other than great toe with the metatarsal bone-------- 12
One toe other than great toe at proximal joint____________
6
One toe other than great toe at second or distal joint---------3
One eye by enucleation------------------------------------------------------ 120
Total blindness of one eye_______________________________ 300
Total deafness of one ear____ :___________________________ 35
Total deafness of second ear________________________________115
In all other cases in this class, compensation shall bear such relation to the
amount stated in the above schedule as the disabilities bear to those produced
by the injuries named in the schedule.
S kc. 6235. Ifcrnia.—In all cases of hernia resulting from injury alleged to
have been sustained in the course of and resulting from employee's employment,
it must be proven:
(1) That it was an injury resulting in hernia; (2) that the hernia appeared
suddenly and immediately following the injury; (3) that the hernia did not
exist in any degree prior to the injury for which compensation is claimed.
S ec. 6236. Malingering.—If a partially disabled employee refuses to seek
suitable work or refuses or neglects to work after suitable work is offered to,
procured by, or secured for him. he shall not be entitled to any compensation.
Sec. 6237. Compulation of wages.—Average weekly wages shall be com
puted in such a manner as is best calculated to give the average weekly earn
ings of the workman during the 12 months preceding his injury; Provided,
That where by reason of the shortness of the time during which the workman
has been in the employment, or the casual nature of the employment, it ia
TEXT OF LAWS----IDAHO
179
impracticable to compute the rate of remuneration, regard may be had to the
average weekly earnings which, during the 12 months previous to the
injury, were being earned by a person in the .same grade employed at the same
work by the employer of the injured workman, or if there is no person so
employed, by a person in the same grade employed in the same class of employ
ment and in the same district.
If a workman at the time of the injury is regularly employed in a higher
grade of work than formerly during the year and with large[r] regular wages,
only such larger wages shall be takeft into consideration in computing his
average weekly wages.
Sec. 6238. Voluntary payments.—Any payments made by the employer or his
insurer to the injured workman during the period of disability, or to his
dependents, which, by the terms of this chapter, were not due and payable when
made, may, subject to the approval of the board, be deducted from the
amount to be paid as compensation: Provided, That, in case of disability
such deduction shall be made by shortening the period during which compensa
tion must be paid, and not by reducing the amount of the weekly payments.
S ec. 6239. Times of payments.—The board, upon the application of eirher
party, may in its discretion.'having regard to the welfare of the employee
and the convenience of the employer, authorize compensation to be paid
monthly or quarterly instead of weekly.
S ecs. 6240, 6241. Lump sums.— Ilf the board determines that it is for the
best interest of all parties, awards may be commuted to one or more lump
sums, not exceeding the present worth computed at 4 per cent true discount,
compounded annually. Life expectancies are to- be determined according to
the American experience table of mortality, but lump sums allowed a widow
or widower shall not exceed 100 weeks’ compensation, and shall not be com
muted except at her or his request. If the board deems it expedient, it may
secure the appointment of a trustee to whom the lump sum may bo paid, to bo
administered as the board may provide.]
AimcLE 4
Section 6242. Medical examinations.— [During the period of disability the
injured workman must, if requested by the employer or ordered by the board,
submit to a medical examination at reasonable times and places. He may have
his own physician present. Refusal or obstruction to an examination bars
compensation for the period of such refusal or obstruction. Compensation
may also be suspended or reduced if sanitary or unreasonable practices tend
ing to prevent or retard recovery are practiced.!
S ecs. 6243-6247. Notice and claim.— [Notice of injury must be given as soon
as practicable after its occurrence, and claims submitted within one year
after date of injury or death, the latter whether compensation has been claimed
or not. Ordinary language is required and lack of accuracy not in effect
misleading does not invalidate. Notice and claim must be in writing signed
by the claimant or person in his behalf and may be rendered in person or by
registered letter. Limitations do not run against minors or meutally incom
petents so long as there is no committee, guardian or next friend.]
A rticle 5
S ections 6248-6260. Industrial accident board.— [A board of three members,
to be appointed by the governor and aproved by the senate, serves for terms
of six years. Employers and employees are to be represented, and not more
than two members of the board shall belong to the same political party. One
term expires every two years. The salary is $3,000. The board organizes
itself, a majority being a quorum. It has a seal and office in the capital,
may employ necessary assistants and employees and is to provide necessary
forms, publish and distribute an annual report and other reports and bulletins
as deemed advisable, and should be represented in its proceedings by the
attorney general of the State.]
A rticle 6
Sections 6261, 6262, 6263 (as amended 1921, ch. 217), 6265 (as amended 1921,
ch. 217), 6266, 6268 (as amended 1921, ch. 217), 6269, 6270, 6270A (added
1921, ch; 217), 6271 (amended 1921. ch. 217), 6272 (amended 1921, ch. 217),
180
w o r k m e n 's COMPENSATION LAWS— UNITED STATES
G272A (added 1021. ch. 217), 6273, 6274. Procedure.— [The board or any mem
ber may subpoena witnesses, administer oaths, examine books and records,
enforcement being by the district court by proper proceedings. Process and
procedure are to be summary and simple, following the rules of equity. Ap
proved agreements have the same force and effect as awards. In the absence
of agreement, hearing by a member of the board is provided for, the same to
be held in a convenient place within the county where the accident occurred.
The findings of fact, rulings of law, and a transcript of the evidence are to be
filed with the board by the member holding the hearing. In the absence of
claim for review the provision is enforceable the same as a decision of the
board. An impartial physician may be appointed by the board or any member
to examine the injured employee and report. The fee is fixed at $10 and travel
ing expenses, but reasonable amounts may be added in extraordinary cases.
Such costs are to be paid by the State, but either party may, at his own cost,
have his own physician present.
A claim for review must be filed within 30 days, whereupon the board shall
hear the parties and may revise the decision of the member or refer it back to
him for further findings of fact. Second hearings on questions of fact are not
allowed as a matter of right. The board may -also review any agreement or
award on the ground of change in conditions, or on its own motion or on the
application of either party, but not oftener than once in six months. Awards
are final and conclusive unless within 30 days either party appeals to the
district court, whose jurisdiction is limited to a review of the questions of law.
Such appeal is taken by tiling with the board and with the clerk of the court a
notice of appeal, with notice also to the adverse party or his attorney. "Within
10 days the board files a transcript of the evidence and the case thereafter
shall be tried by the court, a record of the case to be transmitted to the board
within 20 days after any order or judgment of the court unless appealed from,
or of a memorandum of agreement approved by the board entitles the party to
a decree without notice which shall have the same effect as a judgment of the
court. In case of proceedings brought, prosecuted, or defended without rea
sonable ground, the offending party may be charged with the whole cost of the
proceedings. If an employer appeals a case involving compensation, and the
court finds in favor of the employee in an amount equal to or greater than
the award of the board, interest shall be added on the whole amount of the
judgment at 7 per cent per annum from the date of the award by the board:
but if the award is reduced, interest is not required until the date of final
judgment of the court. The same rule applies where the employee or his
dependents made the appeal. Changes in awards must be filed with the district
court which shall modify its prior decree or judgment so as to conform thereto.]
Sec. 6275. Injuries outside of State.—If a workman who has been hired in
this State receives personal injury by accident arising out of and in the course
of such employment, he shall be entitled to compensation according to the law
of this State even though such injury was received outside of this State.
If a workman who has been hired outside of this State is injured while
engaged in his employer** business, and is entitled to compensation for such
injury under the law of the State where he was hired, he shall be entitled to
enforce against his employer his rights in this State if his rights are such that
they can reasonably be determined and dealt with by the board and the courts
in this State.
Article 7
S e c t io n s 6276, 6277. Status of awards.— [Rights to compensation under this
chapter have the same preference or priority as unpaid wages, and are not
assignable and are exempt from claims of creditors. Claims of attorneys and
physicians are subject to the approval of the board.]
A rticle 8
S ec t io n s 6278-6280. 6281 (as amended 1921, ch. 217), 6281A (added 1921;
ch. 217), 6281B (added 1921, ch. 217>, 6282-6287. Security of payments.—
[Private employers must secure compensation by insurance in the State insur
ance fund or deposit satisfactory security: if the latter, notice of the security
must be filed with the State insurance manager in a form prescribed by the
board. Notice of compliance must be posted conspicuously in and about the
place of the employer’s business. Failure to comply with the requirement as
to security is a misdemeanor punishable by fine or imprisonment, or both.
TEXT OF IjAWS— IDAHO
181
Insurance policies ami guarantee contracts must cover ttie entire liability o f
the employer and give to the employees a right to enforce rheir claims directly,
notice to The employer being also notice to the insurer, who accepts the juris
diction of the employer as to orders, findings, and awards. The i>olicy must
also provide that insolvency or bankruptcy of an employer does not discharge
the surety as to liabilities accruing during the life of the policy or contract.
Ten days’ notice of cancellation is required. Insurance costs for municipali
ties are considered part of Ihe ordinary and necessary expenses of the corportion.
No agreement by which an employee is to pay any i>ortion of the premiums
of insurance or to contribute to a benefit fund, except as authorized by the
board, or the cost of security to guarantee compensation payments is valid.]
S ec. 0287A (added 1021. ch. 217). Contractors, etc.—An employer subject to
the provisions of this act shall be liable for condensation to an employee of a
contractor or subcontractor under him or who has not complied with the pro
visions of section 6278 in any case where such employer would have been liable
for compensation if such employee had been working directly for such em
ployer. The contractor or subcontractor shall also be liable for such com
pensation, but the employee shall not recover compensation for the same injury
from more than one party. The employer who shall become liable for and
pay such compensation may recover the same from the contractor or subcon
tractor for whom the employee was working at the time of the accident. Sec
tion 0287A shall be in force as to all contracts made subsequent to March 15,
1021.
A rticle 0
S e c tio n
0288 (as amended 1021, ch. 104). Btaic in*uranee fund.—There i s
hereby created a fund, to be known as the State insurance fund, for the pur
pose of insuring employers against liability for compensation under this work
men’s compensation act and of assuring to the persons entitled thereto the
compensation provided by said law. Such fund shall consist of all premiums
and penalties received and paid into the fund, of property and securities ac
quired by and through the use of moneys belonging to the fund, and of interest
earned upon moneys belonging to the fund and deposited or invested as herein
provided.
Such fund shall be administered by the department of finance without lia
bility on the part the State beyond the amount of such fund. Such fund shall
be applicable to the payment of losses sustained on account of insurance and
to the payment of compensation under the workmen’s compensation act and
of expenses of administering this article.
Skcs. 0280-0200 (all as amended 1921, ch. 104). Duties of department of
finance.— [The department of finance is vested with full authority over the
State insurance fund, determines the rates to be charged, and may conduct
all business in relation thereto. The department may sue in its official name
and he sued in the State courts, may make contract of insurance and employ
necessary assistants, experts, accountants, clerks, etc. No personal liability
will be incurred for or on account of any act performed or contract eniered
into in an official capacity in good faith and without intent to defraud. The
department may act through proper deputies and delegate to them such
powers as are deemed necessary or expedieut, including the making of con
tract. of insurance, making agreements as to the settlements of claims subject
to the approval of the industrial accident board, and contracting with physi
cians, surgeons, and hospitals for medical and surgical treatment and care of
injured persons entitled to compensation from the fund.]
S ec. 0297. Custody.— [The State treasurer is custodian of the fund, giving
separate bond, and making payments on warrants or vouchers authorized and
signed by the proper authorities. Portions of the fund not needed for imme
diate use may be deposited, interest earned to be placed to the credit of the
fund. I
Sec. 0298 (as amended 1921, ch. 104).* Surplus and reserve.—Ten per
cenvum of the premiums collected from employers insured in the fund shall
be set. aside by the department of finance for the creation of a surplus until
* T h is a c t a m e n d s th e a d m in is t r a t iv e la w o f t h e S ta te , a b o lis h in g th e d e p a r tm e n t o f
com m erce and
in d u s tr y a n d
t r a n s fe r r in g it s d u tie s
to a n e w ly c r e a te d
d ep a rtm en t o f
fin a n c e .
T he
s u b s t it u t io n
its m a d e
in
su bsequ en t
s e c tio n s
w it h o u t
r e fe r e n c e
to
tiiia
a m e n d in g a c t .
182
w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES
sucli surplus shall amount to the sum of $100,000, and thereafter 5 per centum
of such premiums, until such time as in the judgment of the department such
surplus shall be sufficiently large to cover the catastrophe hazard and all
other unanticipated losses. The department shall also set up and maintain
a reserve adequate to meet anticipated losses and carry all claims and policies
to maturity.
Sec. 6299 (as amended 1925, ch. 129). Investments.— [This section specifies
the nature of investments that may be made with any surplus or reserve fund
belonging to the State insurance fund, as United States bouds and those
issued by Federal farm loan banks or warrants of the State, and its munici
palities, other States and their municipalities and first mortgage security on
Idaho real estate.]
S ec . 6301. Classifications.—Employments insured in the State insurance fund
shall be divided by the department of finance, for the purpose of the said
fund, into classes. Separate accounts shall be kept of the amounts collected
and expended in respect to each such class for convenience in determining
equitable rates; but for the purpose of paying compensation the State insur
ance fund shall be deemed one and indivisible. The department of finance
shall have power to rearrauge any of the classes by withdrawing any em
ployment embraced in it and transferring it wholly or in part to any other
class, and from such employment to set up new classes in its discretion. The
department of finance shall determine the hazards of the different classes
and fix the rates of premiums therefor based upon the total pay roll and
number of employees in each of such classcs of employment at the lowest
possible rate consistent with the maintenance of a solvent State insurance
fund and the creation of a reasonable surplus and reserve; and for such
purpose may a^opt a system of schedule rating in such a manner *as to take
account of the peculiar hazard of each individual risk.
S ec . 6302. Separate accounts.—The department of finance shall keep an
account of the money paid in premiums by each of the several classes of
employments, and the expense of administering the State insurance fund and
the disbursements on account of injuries and deaths of employees in each of
said classes, including the setting up of reserves adequate to meet anticipated
and unexpected losses and to carry the claims to maturity; and also an
account of the money received from each individual employer; and of the
amount disbursed from the State insurance fuud for expenses, and on account
of injuries and death of the employees of such employer, including the re
serves so set up.
S ecs . 6303-6307. Dividends: premium*: policies.— [Annually, and at such
other times as the department may determine, a readjustment of rates shall
be made, and any balance to any class may be credited to the individual
members of such class. If the premiums fixed have been too small, added
assessments may be made, payable 30 days after notice. Premiums based on
estimated pay roll expenditures are subject to readjustment at the end of
the period for which the estimate was made.
Employers receive policies of insurance from the department of finance, on
which premium payments are to be made semiannually, or at such times as
may be prescribed. If an employer is in default the amount due may be
collected in a civil action in the name of the State or of the department, and
the date of such payment shall be the date of the employer's compliance with
the law. Default for 10 days entails liability to a penalty of $1 per day for
each employee, which penalty may be waived in the discretion of the depart
ment, for good cause shown, if the employer pays the premium.]
Sec. 6308 (as amended 3921, ch. 217). Withdrawals.— [Employers not in
arrears may withdraw from the fund by d e b itin g satisfactory security for
the payment of compensation that may become due; but payments must con
tinue until all liabilities are terminated.]
Sec. 6309. Reinsurance.—The department of finance may reinsure any risk,
or any part thereof, and may enter into agreements of reinsurance in the
same way and to the same extent as other insurance carriers.
S ec s . 6310-6314. Duty of employers; inspections.— [Employers in the State
fund must keep accurate records of employees and wages paid, and. on de
mand, furnish a sworn statement of the same to the department of finance.
Such records and the plants of employers may be inspected to verify such
statements. Falsification entails a penalty of ten times the difference be
tween the premium paid and the amount that should have been paid, to be
TEXT OF LAWS— IDAHO
183
collected in a civil action in the name of the State. Willful misrepresentation
is a misdemeanor.
Information acquired by the department in pursuance of the provisions of
this chapter is not to be open to public inspection, and uulawful disclosure is
fl misdemeanor.]
S ec . 6315. Pat/men t of com pen fiat ion.— [Payments from the treasury are to
be made on approved monthly estimates as to current expenditures.]
S ec . 681.6. Public corporations.— A public corporation m ay insure ag ain st
its liab ility fo r com pensation w iili the State insurance fund and not w ith any
other insurance carrier, unless such fund shall refuse to acccpt the risk when
the application fo r insurance is m ade.
A rticle
10
S ec . 6817. Reports of accidents.— [Employers are to keep a record of all
injuries to their employees received in the course of employment, and report
the same within 48 hours, not including Sundays and holidays, if they cause
absence from work of one day or more. A supplemental report is to be
made on the termination of disability, or within 60 days if still disabled, with
a final report on recovery. Prescribed data are to be presented in such
reports, with such other information as the board may require. Within 60
days after the termination of disability a report must be filed with the board
showing the total payments made or to be made for compensation and medical
services.]
S ec . 6817A (ad ded 1921. ch. 217). Sanies of employers.— LTlie departm ent
o f finance is required to file m onthly a list o f all em ployers insured in the
State fund during the calendar m onth preceding.]
S ec . 6817B (added 1921, ch. 217). Employers* reports.— [Employers under
the act are to make semiannual reports of the average number of employees
on their pay roll.]
S ec . 6818. Interstate commerce.— T h is chapter shall affect the liab ility o f
em ployers to em ployees engaged in interstate or foreign com m erce, or other
w ise, only so fa r as the sam e is perm issible under the law s o f the U nited
States.
S ec . 6819. Definitions.— In this chapter, unless the context otherw ise requires,
w ords and phrases shall h ave the m eanings defined in the sections follow ing.
S ec . 6820. Employer.—“ Employer" unless otherwise slated, includes any
body of persons, corporate or unincorporated, public or private, and the legal
representative of a deceased employer. It includes the owner or lessee of
premises, or other person who is virtually the proprietor or operator of the
business there carried on, but who, by reason of there being an independent
contractor, or for any other reason, is not the direct employer of the workmen
there employed. If the employer is secured it includes his surety so far as
applicable.
S kc. 6821 (as amended 1921, ch. 217). Workman.—“ Workman’’ is used as
synonymous with “ employee ” and means any person who has entered into
the employment of, or works under contract of service or apprenticeship with,
an employer. It does not include any person engaged in any of the excepted
employments enumerated in section 6216, unless an agreement as provided in
said section is in force between employer and employee making the provisions
hereof applicable. Any reference to a workman who has been injured shall,
where the workman is dead, include a reference to his dependents as herein
defined, if the context so requires, or, where the employee is a minor or incom
petent, to his committee or guardian or next friend.
A minor working at an age legally permitted under the laws of this State
shall be deemed sui juris for the purpose of this act, and no other person shall
have any cause of action or right to compensation for an injury to such
minor workman except as expressly provided in this chapter, but in the event
of a lump-sum payment becoming due under this chapter to such minor work
man, the management of the sum shall be within the probate jurisdiction of
the courts the same as other property of minors.
S ec . 6822. Outworkers.—An “ outworker” is a person to whom articles or
materials are given to be treated in any way on premises not under the con
trol or management of the person who gave them out.
S ec . 6823. Injury.—“ Injury ” or “ personal injury ” includes death resulting
from injury within two years.
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w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES
S ec . 6324. Scope.—The words “ personal injury by accident arising out of
and in the course of such employment ” shall include an injury caused by .the
willful act of a third person directed against an employee because of his em
ployment. They shail not include a disease except as it shall result from the
injury.
Sec. 6325. Employment.—“ Employment.” in the case of private employers,
includes employment only in a trade or occupation which is carried on by the
employer for the sake of pecuniary gain. it shall also include any of the
pursuits spcciiied in section 6210 when the employer and the employee shall have
elected to come under the chapter as in said section provided.
S ec . 6326. Hoard.— T h e word “ board.” whenever used in this chapter, unless
the context show s otherw ise, shall be taken ro mean the ind ustrial accident
board.
S ec .
6327. Partial disability.—“ Partial disability.”
Diminished ability to
obtain employment owing to disfigurement resulting from an injury may be held
to constitute partial disability.
Sec. 6328. Wages.—**Wages ” shall include the market value of board, lodg
ing, fuel, and other advantages which can be estimated in money which
the employee receives from the employer as a part of his remuneration.
“ Wages ” shall not include any sums which the employer ha.s paid to the em
ployee to cover any special expenses entailed on him by the nature of his
employment.
Sko. 6329. Surety.—“ Surety ” shall include the State insurance manager,
representing the State insurance fund, and also any companies from any of
which employers have obtained surety bonds or guaranty contracts in ac
cordance with the provisions of this act.
S ec . 6330. X umber and se.r.—Any terms shall include the singular and both
sexes where the context so requires.
S kc. 6331. Provisions severahlr.—If any part or section of this chapter be
decided by the courts to be unconstitutional or invalid, the same shall not affect
the validity of the chapter as a whole, or any part thereof which can be given
effect without the part so decided to be unconstitutional or invalid.
Skc. 6332. False statements.—If for the purpose of obtaining any benefit, or
payment under the provisions of this chapter, either for himself or for any other
person, any one willfully makes a false statement or representation, he shall
be guilty of a misdemeanor and he shall forfeit all right to compensation under
this ohapler after conviction for such offense.
Sec. 0333. Prior injuries.—The provisions of this chapter shall not apply to
injuries sustained, or accidents which occur, prior to the taking effect hereof.
S e c . 6334. Construction.—This chapter shall be so interpreted and construed
as to effect its general purpose to make uniform the law of those States which
enact, it.
Sec. 6335. Appropriation.—For the purpose of carrying out article 9 of this
chapter there is hereby appropriated out of the funds in the State treasury
not otherwise appropriated, the sum of $20,000 or so much thereof as may be
necessary to be placed in the State insurance fund and to be refunded as pro
vided in section (5300 of this act. There is also hereby appropriated out of the
funds in the State treasury not otherwise appropriated the sum of $15,000. or so
much thereof as may be necessary, to be placed in the industrial administra
tion fund.
Sec. 6336. Title.—This chapter may be cited as the workman’s condensation
law.
ILLINOIS
ACTS OF 1013
Workmen'8 Compensation Act
(Page 335)
S ection 1 (as amended 191.7, p. 505; 1921. p. 446). Employer's election.— An
employer In this Slate, who does not c;>me within the classes enumerated by
section 3 of this act, may dect to provide and pay compensation for accidental
Injuries sustained by any employee arising out of and in the course of the
employment according to the provisions of this act, and thereby relieve himself
from any liability for the recovery of damages, except as herein provided.
(a)
Election by any employer to provide and pay compensation according to
the provisions of this act shall be made by the employer filing notice of such
election with the industrial board.
( 0)
Every emplo>er within the provision* of this act who has elected to
provided (.provide] and pay compensation according to the provisions of this
act shall be bound thereby as to all ins employees until January 1 of tlie next
succeeding year and for terms of each year thereafter: Provided, Any such
employer who may have once elected, may elect not to provide and pay the
compensation herein provided for accidents resulting in either injury or death
and occur ring after the expiration of any such calendar year by filing notice of
such election with the industrial board at least 60 days prior to the expiration
of any such calendar year, and by posting 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 employees, at least 60
days prior to the expiration of any such calendar year.
t o In the event any employer mentioned in this section elects to provide and
pay the compensation provided in this act, then every employee of such
employer, 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 such
employer, shall be deemed to have accepted all the provisions of this act and
shall be bound thereby unless within 30 days after such hiring or after the
taking effect of this ac!. and its acceptance by such employee, he shai* file a
notice to the contrary with the industrial board, whose duty It shall i>e to
immediately notify the employer, and until such notice to the contrary is given
to the employer, the measure of liability of such employer shall be determined
according to the compensation provisions of this a ct: Provided, however, That
any employee may withdraw from the operation of this act upon filing a
written notice of withdrawal at least 10 days prior to January 1, of any year
with the industrial board, whose duty it shall be to immediately notify such
employer by registered mail, and, until such notice to the contrary is given to
such employer, the measure of liability of such employer shall be determined
according to the compensation provisions of this act.
(d)
Any such employer or employees may, without prejudice to any existing
right or claim, withdraw his election to reject this act by giving 30 days*
written notice in such manner and form as may be provided by the industrial
board.
S ec:. 2. [Repealed.]
S ec . 3. (as amended 1925, p. 378). Application of the a ct—The provisions of
this act hereinafter following shall apply automatically and without election
to the Slate, county, city, town, township, incorporated village or school dis
trict. body politic or municipal corporation, and to all employers and all their
employees engaged in any department of the following enterprises or businesses
which are declared to be extra hazardous, namely:
1. The erection, maintaining, removing, remodeling, altering, or demolishing
of any structure, except as provided in subparagraph 8 of this section.
2. Construction, excavating, or electrical work, except as provided in subparagraph 8 of this section.
185
186
w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES
3. Carriage by land, water, or aerial service and loading or unloading in con
nection therewith, including the distribution of any commodity by horse-drawn
or motor-driven vehicle where the employer employs more than three employees
it> the enterprise or business, except as provided in subparagraph 8 of this
section.
4. The operation of any warehouse or general or terminal storehouses.
5. Mining, surface mining, or quarrying.
0. 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 ii> dangerous quantities.
7%. Any enterprise in which sharp-edged cutting tools, grinders, or imple
ments are used, except as provided in subparagraph 8 of this section.
8. In any enterprise in which statutory or municipal ordinance regulations
are now or shall hereafter be imposed for the regulating, guarding use or the
placing of machinery or appliances or for the protection and safeguarding of
the employees or the public therein, each of which occupations, enterprises, or
businesses are hereby declared to be extra hazardous: Provided, Nothing
contained herein shall be construed to apply to any work, employment, or opera
tions done, had, or conducted by farmers and others engaged in farming, tillage
of the soil, or stock raising, or to those who rent, demise, or lease land for any
such purposes, or to anyone in their employ, or to any work done on a farm or
country place, i*o matter what kind of work or service is being done or ren
dered.
Seo. 3 !,6 (added 1917, p. 490). Pleadings.— (« ) If the plaintiff in any action
mentioned in section 3 shall in his declaration or in his other pleading allege
that the employer has filed notice of his election not to provide and pay com
pensation according to the provisions of the workmen’s comi>ensalion act and
such allegation be not denied by a verified pleading, then such employer shall
for the purpose of that action be conclusively presumed to have filed his notice
of nonelection.
(b)
A certificate of the fact of the filing by an employer of the notice of nonelectioi* provided in section 2 and of the nonwithdrawal thereof shall be prima
facie proof in any action mentioned in section 3 of the fact of the filing of such
notice of nonelection and of the nonwithdrawal thereof. Such certificate* may
be under the seal of the industrial board and signed by any member or the
secretary thereof, of which seal and signature as such officer the court shall
take judicial notice. Said certificate may be in substantially the following
form :
This is to certify that the attached is a correct copy of notice filed with the
industrial board b y ---------on th e -------day o f ---------- , 19—, electing not to pro-.
vide and pay compensation according to the provisions of the workmen’s com
pensation act of Illinois, and that the original of said notice is now on file in
the office of the industrial board and has not been withdrawn since the date of
the filing thereof.
In witness whereof this certificate has been subscribed and the seal of the
industrial board affixed th is------day o f ---------- , 19—.
'
»
---------of Industrial Itoard.
Skc. 4 (as amended 1917, p. 505). Employers.—The term “ employer ” as used
in this act shall be construed to be:
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 corporations or associa
tions who has any person in service or under any contract for hire, express or
implied, oral or written, and who is engaged in any of the enterprises or busi
nesses enumerated in section 3 of this act, or 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 maimer provided in this act 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 manner provided in this act.
Sec. 5 (as amended 1925, p. 378). Employees defined.—The term “ employee”
as used in this act, shall be construed to mean:
First. Every person in the service of the State, county, city, town,
township, incorporated village, school district, body politic or municipal
TEXT OP LAWS— ILLINOIS
187
corporations therein, under appointment or contract of hire, express or
implied, oral or written, except any oliicial of the State, or of any county,
city, town, township, incorporated village, school district, body politic or munici
pal corporation therein and except any duly appointed member of the fire
department in any city whose population exceeds 200,000 according
to the last Federal or State census: Provided, That any such employee,
his personal representative, beneficiaries or heirs, who is, are or shall be
entitled to receive a pension or benefit for or on account of disability or death
arising out of or in the course of his employment from a pension or benefit
fund to which the State or any county, town, township, incorporated village,
school district, body politic or municipal corporation therein is a contributor,
in whole or in part, shall be entitled to receive only such part of such pension
or benefit as is in excess of the amount of compensation recovered and received
by such employee, his personal representative, beneficiaries or heirs under this
act. And, provided, further, That one employed by a contractor who has con
tracted with the State, or a county, city, town, township, incorporated village
school district, body politic or municipal corporation, therein, through its re
presentatives, 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 persons whose employment is
outside of the State of Illinois, where the contract of hire is made within
the State of Illinois, and including aliens, and minors who are legally per
mitted to work under the laws of the State, who, for the purpose of this
act, shall be considered the same and iiave the same power to contract, receive
payments and give quittances therefor, as adult employees, but not including
any person who is not engaged in the usual course of the trade, business,
profession or occupation of his employer: Provided, That employees shall not
be included within the provisions of this act when excluded by the laws of
the United States relating to liability of employers to their employees for
personal injuries where such law’s are held to be exclusive.
Sbc. 6. iSuits abolished.—No common law or statutory ri^ht to recover dam
ages for injury or death sustained by an employee while engaged in the line
of his duty as such employee other than the compensation herein provided
shall be available to any employee who is covered by the provisions of this
act, to any one wholly or partially dependent upon him, the legal representatives
of his estate, or any one otherwise entitled to rccover damages for such injury.
S ec . 7 (a s am ended 1925, p. 378). Compensation for death.— T h e am ount o f
com pensation w hich sh all be paid fo r an in jury to the em ployee resulting in
death shall b e :
4
(a) If the employee leaves any widow, child or children whom he was under
legal obligations 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
$'1,650 and not more in any event than $3,750. Any compensation payments
other than necessary medical, surgical or hospital fees or services shall be
deducted in ascertaining the amount payable on death.
( b) If no amount is payable under paragraph (« ) of this section and
the employee leaves any parent, husband, child, or children who at the time
of injury were totally dependent upon the earnings of the employee, then
a sum equal to four times the average annual earnings of the employee, but not
less in any event than $1,650, and not more iu any event than $3,750. Any com
pensation 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 paragraphs (a) or (b) of this section
and the employee leaves any parent, child or children, grandparent, or grand
child, who at the time of injury were dependent upon the earnings of the
employee, tlieu such proportion of a sum equal to four times the average
annual earnings of the employee as such dependency bears to total dependency,
but not less in any event than $1,650 and not more in any event than $3,750.
Any compensation payments other than necessary medical, surgical, or hospital
:fees or services shall be deducted in ascertaining the amounts payable on
death.
(<Z) i t no amount is payable under paragraphs (a), (b) or (o) of this
section and the employee leaves collateral heirs dependent at the time of the
injury to the employee upon his earnings, such a percentage of the sum pro
19650— 26-------13
188
w o r k m e n 's COMPENSATION LAWS— UNITED STATES
vided in paragraph (a) of this section as the average annual contributions
which the deceased made to the support of such dependent collateral heirs
during the two years preceding the injury bears to his average annual earn
ings during such two years. Any compensation payments other than neces
sary medical, surgical, or hospital fees or services shall be deducted in ascer
taining the amounts payable on death.
(c)
If no amount is payable under paragraphs (a). (&), (o), or (<J) of this
section, a sum not to exceed $150 for burial expenses to be paid by the employer
to the undertaker or to the person or persons incurring the expense of burial,
and the further sum of $300 which shall be paid into a special fund, of
which the State treasurer shall be ex-officio custodian, such special fund to be
held and disbursed for the purposes hereinafter stated in paragraph (f) of
section 8, either upon the order ol’ the industrial commission or of a compe
tent court.
(f) All compensation, except for burial expenses provided in this section
to be paid in case injury results iu death, shall be paid in installments equal
to the percentage of the average earnings as provided for in section 8 of
this act, at the same intervals at which the wages or earnings of the
employees were paid; or if this shall not he feasible, then the installments shall
be paid weekly: Provided, Such compensation may be paid in a lump sum
upon petition as provided in section 9 of this act.
(g) The compensation to be paid for injury which results in death, as pro
vided in this section, shall be paid to the persons who form the basis for de
termining the amount of compensation to be paid by the employer, the re
spective shares to be in the proportion of their respective dependency at the
time of the injury on the earnings of the deceased: Provided, That the in
dustrial commission or an arbitrator thereof may. in its or his discretion, order
or award the payment to the parent or grandparent of a child for the latter's
support the amount of compensation which but for such order or award would
have been paid to such child as its share of the compensation payable, which
order or award may be modified from time to time by the commission in its
discretion with respect to the person to whom shall be paid the amount of
said order or award remaining unpaid at the time of said modification.
The payments of compensation by the employer in accordance with the order
or award of the industrial commission shall discharge such employer from all
further obligation as to such compensation.
In a case whore any of the persons who would be entitled to compensation
is living at any place outside of the United States, then payment shall he
made to the personal representative of the deceased employee. The distribu
tion by such personal representative to the persons entitled shall bo made to
such persons and in such manner as the commission shall order.
(h) 1. Whenever in paragraph ( a) of this section a minimum of $1,650 is
provided, such minimum shall be increased in the following cases to the fol
lowing amounts:
Two thousand dollars in case of one child under the age of 16 years at
the time of the death of the employee.
Two thousand one hundred dollars in case of two or more children under
the age of 16 years at the time of the death of the employee.
2. Whenever in paragraph (a) of this section a maximum of $3,750 is pro
vided. such maximum shall be increased in the following cases to the following
amounts:
Four thousand one hundred dollars in cases of one child under the age of 16
years at the time of the death of the employee.
Four thousand three hundred fifty dollars in case of two or more children
under the age of 16 years at the time of the death of the employee.
S ec . 8 (as amended 1925, p. 378). Nonfatal injuries.—The amount of com
pensation which shall be paid to the employee for an injury not resulting
in death shall be:
(a)
The employer shall provide the necessary first-aid medical and surgical
services, and all necessary medical, surgical, and hospital services thereafter,
limited, however, to that which is reasonably required to cure or relieve from
the effects of the injury. The employee may elect to secure his own physi
cian, surgeon, and hospital services at his own expense. Any injury resulting
in the amputation of an arm, hand, leg, or foot, or the enucleation of an eye,
the employer shall furnish an artificial of any such member lost in accidental
injury arising out of and in the course of the employment, and shall also
TEXT OF LAWS— ILLINOIS
189
furnish the necessary braces in all proper and necessary cases, provided the
furnishing by the employer of any such services or appliances shall not be
construed to admit liability on the part of the employer to pay compensation,
and the furnishing of any such services or appliances by the employer shall
not be construed as the payment of compensation.
(ft) If the period of temporary total incapacity for work lasts more than six
working-days, compensation equal to 50 per cent of the earnings, but not less
than $7.50 nor more than $14 per week, beginning on the eighth day of such
temporary total incapacity and continuing as long as the temporary total in
capacity lasts, but not after the amount of compensation paid equals the
mount 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 in the case where the temporary total incapacity for work continues for
a period of four weeks from the day of the injury, then compensation shall com
mence on the day after the injury.
(c) For any serious and permanent disfigurement to the hand, head, or face,
the employee shall be entitled to compensation for such disfigurement, the
amount 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 para
graph (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 ), sec
tion 7: Provided, That no compensation shall be payable under this paragraph
where compensation is payable under paragraph (d), (e), or (f) of this sec
tion: And provided further, That when the disfigurement is to the hand, head,
or face, as a result of any injury, for which injury compensation is not pay
able under paragraph (d ), (e), or (f) of this section, compensation for such
disfigurement-may be had under this paragraph.
(d) if, after the injury has been sustained, the employee as a result thereof
becomes partially incapacitated from pursuing his usual and customary line
of employment, he shall, except in the cases covered by the specific schedule
sot forth in paragraph (e) of this section, receive compensation, subject to the
limitations as to time and maximum amounts fixed in paragraphs (ft) and (h)
of this section, equal to 50 per cent 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.
{dr-1) An injured employee, to be entitled to compensation for hernia, must
prove:
1. The hernia was of recent origin;
2. Its appearance was accompanied by i>ain;
3. That it was immediately preceded by trauma arising out of and in the
course of the employment:
4. That the hernia did not exist prior to the injury.
(e) For injuries in the following schedule, the employee shall receive in
addition to compensation during the period of temporary total incapacity for
work resulting from such injury, in accordance with the provisions of para
graphs (a) and (6) of this section, compensation, for a further period, subject
to the limitations as to time and amounts fixed in paragraphs (ft) and (h) of
this section, for the specific loss herein mentioned, as follows, but shall not
receive any compensation for such injuries under any other provisions of
this act:
1. For the loss of a thumb, or the permanent and complete loss of its use, 50
per cent of the average weekly wage during 66 weeks.
2. Fer the loss of a first finger, commonly called the index finger, or the per
manent and complete loss of its use, 50 per cent of the average weekly wage
during 39 weeks.
3. For the loss of a second finger, or the permanent and complete loss of its
use, 50 per cent of the average weekly wage during 33 weeks.
4. For the loss of a third finger, or the permanent and complete loss of its
use, 50 per cent of the average weekly wage during 22 weeks.
5. For the loss of a fourth finger, commonly called the little finger, or the
permanent and complete loss of its use, 50 per cent of the average weekly wage
during 16 weeks.
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WORKMEN 'S COMPENSATION LAWS— UNITED STATES
6. 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.
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, 50 per cent of the average weekly wage during
33 weeks.
0.
For the loss of one toe other than the great toe, 50 per cent of the average
weekly wage during 11 weeks, and for the additional loss of one or more toes
other than the great toe, 50 per cent of the average weekly wage during an
additional 11 weeks.
10. The loss of the first phalange of any toe shall be considered to be the
equal to the loss of one-half of such toe, and 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, or the permanent and complete loss of its use,
50 per cent of the average weekly wage during 165 weeks.
13. For the loss of an arm, or the permanent and complete loss of its use, 50
per cent of the average weekly wage during 220 weeks.
14. For the loss of a foot, or the permanent and complete loss of its use, 50
per cent of the average w^pkly wage during 135 weeks.
15. For the loss of a leg, or the permanent and complete loss of its use, 50
per cent of the average weekly wage during 180 weeks.
16. For the loss of the sight of an eye, or for the permanent and complete
loss of its use, 50 per cent of the average weekly wage during 110 weeks.
17. For the permanent partial loss of use of a member or sight of an eye,
50 per cent of the average weekly wage during that portion of the number of
weeks in the foregoing schedule provided for the loss of such member or sight
of an eye which the partial loss of use thereof bears to the total loss of use of
such member or sight of eye.
18. The loss of both hands, or both arms, or both feet, or both legs, or both
eyes, or of any two thereof, suffered in one accident, or the permanent and com
plete loss of use thereof, suffered in one accident, shall constitute total and per
manent disability, 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: Provided
further, That any employee who has in a previous and independent accident suf
fered the loss or permanent and complete loss of the use of any one of said mem
bers, and in a subsequent independent accident loses another or suffers the per
manent and complete loss of the use of any one of said members, the employer
for whom the injured employee is working at the time of said last independent
accident shall be liable to pay compensation only for the loss or permanent and
complete loss of the use of the member occasioned by said last independent
accideut.
if) In case of complete disability, which renders the employee wholly and
permanently incapable of work, compensation equal to 50 per cent of his earn
ings but not less than $7.50 nor more than $14 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 surviving as provided in said paragraph (a ), section 7, and thereafter a
pension during life annually equal to 8 per cent of 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
surviving, as provided in said paragraph (a ), section 7. Such pension shall
not be less than $10 per month and shall be payable monthly: Provided, Any
employee who receives an award under this paragraph and afterwards returns
to work, or is able to do so, and who earns or is able to earn as much as before
the injury, payments under such award shall cease; if such employee returns
to work, or is able to return to do so and earns or is able to earn part but not
as much as before the injury, such award shall be modified so as to conform to
an award under paragraph id) of this section: Provided further, That dis
ability as enumerated in subdivision 18, paragraph (e) of this section shall be
considered complete disability. If an employee who had previously incurred
TEXT OF DAWS— ILLINOIS
191
loss or the permanent and complete loss of the use of one member, through the
loss or the permanent and complete loss of the use of one hand, one arm, one
foot, one leg, or one eye, incurs permanent and complete disability through the
loss or the permanent and complete loss of the use of another member, he shall
receive, in addition to the compensation payable by the employer and after such
payments have ceased, an amount from the special fund provided for in para
graph (e) of section 7, which, together with the compensation payable from the
employer in whose employ he was when the last injury was incurred, will
equal the amount payable for permanent and complete disability as provided
in this paragraph of this section.
(g) In case death occurs as a result of the injury before the total of the
payments made equals th<? amount payable as a death benelit, then in case the
employee leaves any widow, child or children, parents, grandparents, or other
lineal heirs, entitled to compensation under section 7, the difference between the
compensation for death and the sum of the payments made to the employee,
shall be paid to the beneficiaries of the deceased employee, and distributed as
provided in paragraph (f) of section 7, but in no case shall the amount pay
able under this paragraph be less than $500.
(h) In no event shall the compensation to be paid exceed 50 per cent of the
average weekly wage, or exceed $14 per week in amount; nor, except in case
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 incompetent at the time when any right or privilege
accrues to him uuder the provisions of this act, a conservator or guardian
may be appointed pursuant to law, and may, on behalf of such incompetent,
claim and exercise 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 a
guardian.
(i) 1. All compensation provided for in paragraphs (ft), (c), (d), (e), and
(f) of this section, other than in case 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 if this shall not be feasible,
then the installments shall be paid weekly:
2. Provided, That any payments of compensation by the employer to an
injured employee prior to the filing of application for adjustment of claim, shall
not be construed against the employer as admitting liability to pay com
pensation; and
3. Provided, further, That all compensation payments named and provided
for in paragraphs (ft), (c), (d), ( e ), and (f) of this section, shall mean and be
defined to be for injuries and only such injuries as are proven by competent
evidence, of which there are or have been objective conditions or symptoms
proven, not within the physical or mental control of the injured employee
himself.
(/) 1. Wherever in this section there is a provision for 50 per cent, such
per cent shall be increased 5 per cent for each child of the employee, includ
ing children who have been legally adopted, under 16 years of age at the time
of the injury to the employee until such per cent shall reach a maximum of
65 per cent.
2. Wherever in this section a weekly minimum of $7.50 is provided, such
minimum shall be increased in the following cases to the following amounts:
Eleven dollars in case of an employee having one child under the age of 16
years at the time of the injury to the employee;
Twelve dollars in. case of an employee having two children under the age
of 16 years at the time of the injury to the employee;
Thirteen dollars in case of an employee having three children under the
age of 16 years at the time of the injury to the employee;
Fourteen dollars in case of an employee having four or more children under
the age of 16 years at the time of the injury to the employee.
3. Wherever in this section a weekly maximum of $14 is provided, such
maximum shall be increased in the following cases to the following amount:
Fifteen dollars in case of an employee with one child under the age of 16
years at the time of the injury to the employee.
Sixteen dollars in case of an employee with two children under the age of
16 years at the time of the injury to the employee.
Eighteen dollars in case of an employee with three children under the age
of 16 years at the time of the injury to the employee.
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w o r k m e n ’s COMPENSATION LAWS— UNITED STATES
Nineteen dollars in case of an employee with four or more children under the
age of 16 years at the time of the injury to the employee.
Sec. 9 (as amended 1915, p. 400). Lump aunts.— [If it appears to be to the
interest of the parties, the board may, on application, afler hearing, commute
future payments on a basis of their present worth calculated at interest of 3
per cent per annum with annual rests; but in cases of complete disability, no
petition for commutation will be entertained until after the expiration of six
months from the date of the injury. Arrangements may be made for the
appointment of a conservator or guardian of a person under disability. Either
party may reject a lump sum award except an award under section 7 or para
graph (e) of section 8.]
S ec . 10. Basis for computing compensation-.—The basis for computing the
compensation provided for in sections 7 and 8 of the act shall be as follows:
(a) The compensation shall be computed on the basis of the annual earn
ings which the injured person received as salary, wages, or earnings if in the
employment of the same employer continuously during the year next pre
ceding the injury.
( b) Employment by the same employer shall be taken to mean employment
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) If the injured person has not been engaged in the employment of the
same employer for the full year immediately precediug the accidont, the com
pensation 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 employment of the same kind) have earned
during such period.
(d) As to employees in employments in which it is the custom to operate
throughout the working days of the year, the annual earnings,‘ if not other
wise determinable, shall be regarded as three hundred times the average 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 num
ber of days which shall be so used for the basis of the year’s work shall not
be less than 200.
( f ) 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 local
ity, the yearly wage shall be reckoned according to the average annual earn
ing of adults of the same class in the same (or if that is impracticable then
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 em
ployment, and shall exclude overtime earnings. The earnings shall not in
clude 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, be
fore the accident for which he claims compensation, was disabled and draw
ing compensation under the terms of this act, the compensation for each sub
sequent injury shall be apportioned according to the proportion of incapacity
and disability caused by the respective injuries which he may have suffered.
(O To determine the 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 (as amended 1917, p. 505). Responsibility of employer.—The com
pensation herein provided, together with the provisions of this act shall be
the measure of the responsibility of any employer engaged in any of the en
terprises or businesses enumerated in section 3 of this act, or of any employer
who is not engaged in any such enterprises or businesses, but who has elected
to provide and pay compensation for accidental injuries sustained by any em
ployee arising out of and in the course of the employment according to the
provision of this act, and whose election to continue under this act, has not been
nullified by any action of his employees as provided for in this act.
Sec. 12. Medical examination-.—An employee entitled to receive disability
payments shall be required, if requested by the employer, to submit himself,
TEXT OF LAWS— ILLINOIS
193
at the expense of the employer, for examination to a duly qualified medical
practitioner or surgeon selected by the employer, at any time and place reason
ably convenient for the employee, 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 employee 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: Provided, further, That such
examination shall not be made on the day of the hearing. In all cases where
the examination is made by a surgeon engaged by the employer, and the in
jured employee has no surgeon present at such examination, it shall be the
duty of the surgeon making the examination at the instance of the employer
to deliver to the injured employee, or his representative, a statement in writing
of the condition and extent of the injury to the same extent that said surgeon
reports to the employer. I f the employee refuses so to submit himself to exami
nation or unnecessarily obstructs the same, his right to compensation payments
shall be temi>orarily susi>ended until such examination shall have taken pi nee,
and no compensation shall be payable under this act for such period. It shall
be the duty of surgeons treating an injured employee who is likely to die, and
treating him at the instance of the employer, to have called in another surgeon
to be designated and paid for by either the injured employee or by the person
or persons who would become his beneficiary or beneficiaries, to make an ex
amination before the death of such injured employed. [As amended 1925,
p. 378.]
S ecs . 13 (as amended 1917, p. 505), 14 (both as amended 1925, p. 378), 15, 16
(as amended 1925, p. 37tt), 17, 18. Industrial board.— [A board of five members,
two representing the employing class, two representing employees, and one
a representative citizen identified with neither class who shall act as chair
man, is to be appoint'd by the governor by and with the consent of the
senate. The salaries are to be $6,000 per year, the chairman receiving $7,500.
A secretary, arbitrator, and such assistants and clerical help as may be neces
sary may be appointed by the commission. The board has jurisdiction over
the operation and administration of the act, and may make rules and orders,
summon witnesses, admiuister oaths, require the production of books, papers,
and records, and secure punishment for contempt on application to the county
court. It also has the power to fix attorneys’ and physicians’ fees, and hospital
co.sts. It is to print and furnish free of charge upon request such blank forms
as are necessary for the efficient administration of the act and keep records of
employers and employees who file notices of declination or withdrawal; also
of proceedings and awards by the board or by arbitration committees, all such
records to be kept in the office of the board. All questions under the act if
not settled by agreement are to be determined by the board except as other
wise provided.]
Sko. 19 (as amended 1925, p. 378). Arbitration.— [On notification that the
parlies have failed to reach an agreement, the industrial commission designntes an arbitrator, unless in case of permanent disability or death, then
cither party may procure the determination by a committee of arbitration on
which each party is to be represented by its appointee, the commission to
designate an arbitrator to act as chairman. The party filing a petition for a
committee of arbitration must deposit with the commission the sum of $20 to
be paid to the arbitrators for their services. If no such deposit is made, the
election for a committee is void and an arbitrator designated by the commis
sion will act. The arbitrator or committee is to make necessary inquiries and
investigations, hear evidence, and file its decision with the industrial commis
si cm. which notifies the parties or their attorneys thereof, sending a copy of
the same. Unless a petition of review is filed within 15 days after such notifi
cation, and within 20 days (or 30 days if the commission allows) a statement
of facts is submitted the decision becomes a decision of the commission, and in
the absence of fraud is conclusive. The commission may appoint an impartial
physician to examine and report on the condition of the injured employee, for
which service not more than $5 will be allowed except in extraordinary cases.
Attorneys’ and physicians’ fees are, upon the request of any party in interest,
subject to review by the commission.
Persistence in unsanitary or injurious practices tending to Imperil or
retard recovery or rejection of medical, etc., treatment necessary to promote
recovery gives the commission power to reduce or suspend compensation.
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w o r k m e n 's COMPENSATION U W S — UNITED STATES
If the petition for review is properly submitted, the commission considers
questions of both law and fact, and such additional evidence as the parties
may submit. Hearings may be had at such places as seem advisable, due
notice being given of places of taking testimony and hearing arguments. De
cisions of the commission acting within its powers and in accordance with
prescribed procedure are, in the abscnce of fraud, conclusive unless by a writ
of certiorari the circuit court brings up the claim for review on questions of
law and fact presented in the record, no additional evidence to be heard.
Findings of the commission are not to be set aside unless contrary to the
manifest weight of the evidence except where the decision of the arbitrator or
the committee of arbitrators has become automatically the decision of the
commission. Provisions for prompt action and due notice to the parties are
made. The writ is not to issue in the absence of a bond conditioned to pay the
award if the writ be unsuccessfully prosecuted. Decisions may be confirmed,
set aside, or remanded to the commission. Judgments and orders of the cir
cuit court may be reviewed only by the supreme court on a writ of error.
On presentation of a certified copy of a decision of the industrial commis
sion, against which no proceedings for review have been taken, to the circuit
court of the county, such court shall render judgment in accordance there
with, and unless proceedings for review are taken, the court may enter judg
ment, taxing costs, with the same effect as though the judgment were ren
dered in an action by the court. Awards for continuing payments may be
reviewed at any time within 18 months after the agreement or award on
grounds of change of physical condition, 15 days’ notice of hearing being
required. Added time is allowed for attendance from a distance, together
with travel costs. This provision for review does not apply where lump-sum
settlements have been made.
In case of the death of an employee during proceedings, the testimony taken
may be subsequently introduced with the same force .and effect as though he
were present testifying in person. If unreasonable or vexatious delay of pay
ments or intentional underpayment or frivolous conditions appear to have been
made, the commission may award additional compensation equal to 50 per cent
of the normal amount payable.]
Sec. 20. Reports.— [Annual reports to the governor covering the details and
results of the administration of the act are required, and such other bulletins
and reports as the board deems advisable.]
Sec. 21 (as amended 1919, p. 538). Exemption, etc., of payments.—No pay
ment, 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. A decision or award of the industrial com
mission against an employer for compensation under this act, or a written
agreement by an employer to pay such compensation shall, upon the filing
of a certified copy of the decision or said agreement, as the case may be, with
the recorder of deeds of the county, constitute a lien upon all property of
the employer within said county, paramount to all other claims or liens, except
mortgages, trust deeds, or for wages or taxes, and such liens may be enforced
in the manner provided for the foreclosure of mortgages under the laws of
this State. Any right to receive compensation hereunder shall 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 em
ployment: Provided, That upon the death of a beneficiary, who is receiving
compensation provided for in section 7, leaving surviving a parent, sister, or
brother of the deceased employee, at the time of his death dependent upon
him for support, who were receiving from such beneficiary a contribution to
support, then that proportion of the compensation of the beneficiary which
would have been paid but for the death of the beneficiary, but in no event
exceeding said unpaid compensation, which the contribution of the beneficiary
to the dependent’s support within one year prior to the death of the bene
ficiary bears to the compensation of the beneficiary within that year, shall be
continued for the benefit of such dependents, notwithstanding the death of
the beneficiary.
Sec. 22. Agreements within seven days.—Any contract or agreement made
by any employer or his agent or attorney with any employee or any other
beneficiary of any claim under the provisions of this act within seven days
after the injury shall be presumed to be fraudulent.
Sec. 23. Waivers.—No employee, personal representative, or beneficiary shall
have power to waive any of the provisions of this act in regard to the amount
TEXT OP LAWS— ILLINOIS
195
of compensation which may be payable to such employee’s personal repre
sentative or beneficiary hereunder except after approval by the industrial
commission.
Sec. 24 (as amended 1919, :p. 538; 1921, p. 446; 1925, p. 37$). Notice; claim.—
[Notice of action must be given to the employer, as soon as practicable, not
later than 30 days, or in cases of hernia not less than 15 days after the
accident. In case of mental incapacity, six months is allowed. Claim must
be submitted within six months after the accident, or if payments have been
made, within six months after their cessation. The bar is absolute unless
a written claim for compensation is filed within one year after the date of
the injury or at the date of the last payment of compensation.]
Sec. 25 (as amended 1921, p. 440). Release from liability.— [An employer
may be relieved from liability under an order of the industrial commission
by depositing the commuted value of the total unpaid compensation computed
at its present worth at 3 per cent per annum in some approved depository, or
by purchasing an annuity for the proper amount.]
Sbc. 20 (as amended 1919, p. 538). Security.— [Employers under the act must
furnish proof of financial ability to pay compensation, furnish security, in
demnity or both, insure their liability in some authorized organization or
corporation, or make other provision for securing payment. Evidence of com
pliancy with the foregoing may be required as often as the commission thinks
necessary. I f an insurer is found to be insolvent or financially unsound, or
practices a policy of delay or unfairness in the adjustment of payments of
benefits, the commission may, after reasonable notice and hearing, order it
to discontinue writing workmen’s compensation insurance in the State. Such
order is subject to review by the courts. Failure on the part of an employer
to comply with the provisions of this section is punishable by a fine for each
day’s failure or neglect of not less than $1 nor more than $50 per day.]
S ec . 27. Existing and additional insurance.— [This act is not to affect or
disturb existing forms of insurance or benefits, nor prevent the organization
of mutual aid, benefit, or relief associations among employees, nor are such
existing mutual associations or departments to be discontinued without first
discharging the obligations thereunder. No wages may be withheld as pre
mium payments.]
S ec . 28 (as amended 1919, p. 538). Direct liability.— [In cose of employer’s
failure to pay the compensation for which he is liable, his insurer becomes
primarily liable to pay to the employee, his personal representative, or bene
ficiary, the compensation provided by the act to be paid by the employer.]
Sec. 29 (as amended 1917, p. 505). Liability of third party.— [Where the
injury occurs under circumstances involving the liability of a third party,
if such party is an employer under the act, he becomes liable to the injured
workman in an amount not exceeding the compensation payable under the
act; but if the third party was not under the act, a suit for damages may
be instituted, and on recovery of any judgment, the employer is*to be reim
bursed to the extent of any compensation paid by him for the injury; but
where the employee or his personal representative accepts compensation or
proceeds therefor against the employer, the latter becomes subrogated to all
rights against such third party, or may continue an action already instituted,
but from any recovery made by him, the excess over the outlay iu compensa
tion and costs goes to the injured man or his personal representative.]
S ec . 30. Reports of accidents.— [Employers are to make immediate report of
all accidental injuries to their employees resulting in death, and monthly
reports of all accidental injuries on which compensation has been paid. If
permanent disability results, a further report must be made as soon as its
nature is determined. Prescribed details are to be given as to the nature of the
injury, term of disability, wages, compensation paid, and other items of cost.]
Sec. 31 (as amended 1919, p. 538). Contractors.—Anyone engaging in any
business or enterprise referred to in subsections 1 and 2 of section 3 of this
act who undertakes to do any work enumerated therein, shall be liable to
pay compensation to his own immediate employees in accordance with the
provisions of this act, and in addition thereto if he directly or indirectly
engages any contractor, whether principal or subcontractor, to do any such
work, he shall be liable to pay compensation to the employees of any such
contractor or subcontractor unless such contractor or subcontractor shall have
insured, in any company or association authorized under the laws of this State
to insure the liability to pay compensation under this act, or guaranteed his
liability to pay such compensation.
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WORKMENCOMPENSATION LAWS— UNITED STATES
In the event any such person shall pay compensation under this section he
may recover the amount thereof from the* contractor or subcontractor, if any,
and in the event the contractor shall pay compensation under this section he
may recover the amount thereof from the subcontractor, if any.
This section shall not apply in any case where the accident occurs elsewhere
than on, in, or about the immediate premises on which the principal has con
tracted that the work shall be done.
Sec. 32 (as amended 1919, p. 505). Constitutionality; current cases.— [This
section provides for possible findings of unconstitutionality, existing claims,
etc.]
S ec . 33. Penalties.— [Willful noncompliance with the terms of the act or its
administration is a misdemeanor.]
S ec . 33% (added 1915, p. 400). Title.—This act may be cited as the Work
men's compensation act.
Sec. 34. Provisions severable.—The invalidity of any portion of this act
shall in no way affect the validity of any other portion thereof which can be
given effect without such invalid part.
Occupational diseases
[An act of 1911, page 330, enumerates certain dangerous processes of manu
facture and labor, requiring protective devices, medical examinations, and
factory equipment adapted to the circumstances. A right of action for
injuries to health caused by violation of these provisions was given.
As amended in 1923, page 351, compensation is payable for the disability
or death by occupational disease of any person employed in the occupations cov
ered by the act, in the same manner as provided for accidental injuries.
The occupations covered are those involving the use or handling of lead
in its various forms, including smelting; also the smelting of zinc or use of
Paris green.]
INDIANA
ACTS OF 1915
C hapter
106.—Compensation of workmen for injuries
Part
I
S e c tio n 1. Title.—This act shall be known as “ The Indiana workmen’s com
pensation act.”
Sec. 2 (as amended, 1917, ch. 165). Acceptance presumed.—From and after
the taking effect of this act every employer and every employee, except as
herein stated, shall be presumed to have accepted the provisions of this act
respectively to pay and accept compensation for personal injury or death by
accident arising out of and in the course of the employment, and shall be
bound thereby, unless he shall have given prior to any accident resulting in
injury or death notice to the contrary in the manner herein provided. This act
shall not apply to railroad employees engaged in train service.
S ec . 3. Waiver.—Either an employer or an employee, who has excepted him
self, by proper notice, from the operation of this act, may at any time waive
such exemption and thereby accept the provisions of this act by giving notice
as herein provided.
The notice of exemption and the notice of acceptance heretofore referred to
shall be given 30 days prior to any accident resulting in injury or death:
Provided, That if any such injury occurrcd less than 30 days after the date of
employment, notice of such exemption or acceptance given at the time of em
ployment shall be sufficient notice thereof. The notice shall be in writing or
print in a substantial form prescribed by the industrial board and shall be
given by the employer by posting the same in a conspicuous place in the plant,
shop, oiiice, room, or place where the employee is employed, or by serving it
personally upon him; and shall be given by the employed by sending the same
in registered letter addressed to the employer at his last known residence or
place of business, or by giving it personally to the employer, or any of his
agents upon whom a summons in civil action may be served under the laws of
the State.
A copy of the notice in prescribed form shall also be filed with the industrial
board.
Sko. 4. Contracts of service.—Every contract of service between any em
ployer and employee covered by this act, written or implied, now in operation or
made or implied prior to the taking effect of this act, shall, after the act has
taken effect, be presumed to continue; and every such contract made subsequent
to the taking effect of this act shall be presumed to have been made subject to
the provisions of this act, unless either party shall give notice, as provided in
section 3, to the other party to such contract that the provisions of this act
other than sections 10, 11, and 67 are not intended to apply.
A like presumption shall exist equally in the case of all minors unless notice
of the same character be given by or to the parent or guardian of the minor.
Sec. 5 (as amended, 1919, ch. 57). Insurance.—Every employer who accepts
the compensation provisions of this act shall insure the payment of compensa
tion to his employees and their dependents in the manner hereinafter pro
vided, or procure from the industrial board a certificate authorizing him to
carry such risk without insurance, and while such insurance or such certificate
remains in force he or those conducting his business shall be liable to any
employee and his dependents for personal injury or death by accident arising
out of and in the course of employment only to the extent and in the manner
herein specified.
S ec. 6. Remedy.—The rights and remedies herein granted to an employee
subject to this act on account of personal injury or death by accident shall
exclude all other rights and remedies of such employee, his personal repre
197
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w o r k m e n ’s COMPENSATION LAWS— UNITED STATES
sentatives, dependents, or next of kin, at common law or otherwise on account
of such injury or death.
Sec. 7. Violation of statute.—Nothing in this act shall be construed to re
lieve any employer or employee from penalty for failure or neglect to perform
«ny statutory duty.
Sec. 8 (as amended 1019, ch. 57). Willful misconduct, etc.—No compensa
tion shall be allowed for an injury or death due to the employee’s inten
tionally self-inflicted injury, his intoxication, his commission of a felony or
misdemeanor, his willful failure or refusal to use a safety appliance, his
willful failure or refusal to obey a reasonable written or printed rule of the
employer which has been posted in a conspicuous place, his willful failure or
refusal to perform any statutory duty or to any other willful misconduct on
his part. The burden of proof shall be on the defendant.
Sec. 9 (as amended 1919, ch. 57). Exemptions.—This act, except section 67,
shall not apply to casual laborers, as defined in clause (6) of section 76, nor
to farm or agricultural employees, nor to domestic servants, nor to the em
ployers of such persons, unless such employees and their employers file with
the industrial board their voluntary joint election to be so bound.
Sec. 10. Defenses abrogated.—Every employer who elects not to operate
under this act shall not in any suit at law by an employee to recover damages
for personal injury or death by accident be permitted to defend any such
suit at law upon any one or all of the following grounds:
(a) That the employee was negligent.
(ft) That the injury was caused by the negligence of a fellow employee.
(c) That the employee had assumed the risk of the injury.
Sec. 11. Employee rejecting act.—Every employee who elects not to operate
under this act shall, in any action to recover damages for personal injury or
death brought against an employer accepting the compensation provisions of
this act, proceed at common law, and the employer may avail himself of the
defenses of contributory negligence, negligence of a fellow servant and assump
tion of risk, as such defenses exist at common law.
Sec. 12. Rejection by both parties.—When both the employer and employee
elect not to operate under this act, the liability of the employer shall be the
same as though he alone had rejected the terms of this act, and in any suit
brought against him the employer shall not be permitted to avail himself of
any of the common-law defenses cited in section 11.
Sec. 13 (as amended 1919, ch. 57). Liability of third persons.—Whenever
an injury or death, for which compensation is payable under 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, or his defendants, in case of death, at his or their option,
may claim compensation from the employer or proceed at law against such
other person to recover damages or may proceed against both the employer
and such other person at the same time, but he or they shall not collect from
both: and, if compensation is awarded and accepted under this act, the em
ployer, having paid compensation or having become liable therefor, may collcct
in his own name or in the name of the injured employee, or, in ease of death,
in the name of his dependents from the other person in whom legal liability
for damage exists, the compensation paid or payable to the injured employee
or his dependents.
Sue. 14 (as amended 1919, ch. 57). Principals and contractors.—The State,
any political division thereof, any municipal corporation, any corporation,
partnership, or person, contracting for the performance of any work without
exacting from the contractor a certificate from the industrial board showing
that such contractor has complied with section 68 of this act, shall be liable
to the same extent as the contractor for compensation, physician’s fees, hospital
fees, nurse’s charges, and burial expenses on account of the injury or death
of any employee of such contractor, due to an accident arising out of and in
the course of the performance of the work covered by such contract.
Any principal contractor, intermediate contractor, or subcontractor, who
shall sublet any contract for the performance of any work, without requir
ing from such subcontractor a certificate from the industrial board, showing
that such subcontractor has complied with section 68 hereof, shall be liable to
the same extent as such subcontractor for the payment of compensation,
physician’s fees, hospital fees, nurse's charges, and burial expenses on account
TEXT OF I>AWS^-IN DIANA
199
of the injury or death of any' employee of such subcontractor due to an ac
cident arising out of and in the course of the performance of the work cov
ered by such subcontract.
The State, any political division thereof, any municipal corporation, any cor
poration, partnership, person, principal contractor, intermediate contractor, or
subcontractor, paying compensation, physician’s fees, hospital foes, nurse’s
charges, or burial expenses under the foregoing provisions of this section, may
recover the amount paid from any person who, independently of such provis
ions, would have been liable for the payment thereof.
Every claim, filed with the industrial board under this section, shall be in
stituted against all parties liable for payment, and said board, in its award,
shall fix the order in which said parties shall be exhausted, beginning with the
immediate employer.
Sec. 15 (as amended 3919, ch. 57). Waivers.—No contract or agreement,
written or implied, no rule, regulation or other device, shall in any manner
operate to relieve any employer in whole or in part of any obligation created by
this act.
S ec . 16. Preferences.—All rights of compensation granted by thi* act shall
have the same preference or priority for the whole thereof against the assets
of the employer as is allowed by law for any unpaid wages for labor.
Sec. 17. Assignments, etc.—No claim for compensation under this act shall be
assignable, and all compensation and claims therefor shall be exempt from all
claims of creditors
S ec . 18 (as amended 1919, ch. 57). Public employments.—The provisions of
this act except sections 3, 4, 10, 11, and 12, shall apply to the State, to all
political divisions thereof, to all municipal corporations within the State, to
persons, partnerships, and corporations engaged in mining coal, and to the
employees thereof.
S ec . 19. Interstate commerce.—That act, except section 67 (shall not apply
to employees engaged in interstate or foreign commerce, nor to their employers,
in case the laws of the United States provide for compensation or for liability
for injury or death by accident of such employees.
S ec . 20. Injuries outside State.—Every employer and employee under this
act, except as provided in section 19, shall be bound by the provisions of the
act whether injury by accident or death resulting from such injury occurs
within the State or in some other State or in a foreign country.
Sec. 21. PHor injuries.—The provisions of this act shall not apply to injuries
or death nor to accidents which occurred prior to"the taking effect of the act
P a r t IJ
Secs. 22, 23 (both as amended 1919, ch. 57). Notice.— [Unless the employer
or his representative has actual knowledge, notice of injury or death must be
given as soon as practicable, and unless within 30 days, no compensation will
be paid until notice is given or knowledge obtained. Lack of notice will not
bar compensation unless the employer was prejudiced thereby, and then only
to the extent of the prejudice. Notice is to be in writing, signed by the
claimant or someone in his behalf, and may be delivered personally or sent by
registered letter.?
Sec. 24. Claim.—The right to compensation under this act shall be forever
barred unless within two years after the injury, or if death results therefrom
within two years after such death, a claim for compensation thereunder shall
be filed with the industrial board.
S ec . 25 (as amended 1919, ch. 57). Medical, etc., aid.—During the first 30
days after an injury the employer shall furnish or cause to be furnished free
of charge to the injured employee an attending physician for the treatment of
his injuries, and in addition thereto such surgical, hospital, and nurse’s serv
ices and supplies as the attending physician or the industrial board may
deem necessary.
And during the whole or. any part of the remainder of the period of dis
ability or impairment resulting from the injury the employer may continue
.to furnish such physician, services, and supplies. If by reason of the nature
of the injury or the process of recovery treatment is necessary for a longer
period than 30 days, the industrial board may require the employer to furnish
such treatment for an additional period, not exceeding 30 days. The refusal
of the employee to accept such service and supplies, when so provided by the
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w o r k m e n 's COMPENSATION LAWS— UNITED STATES
employer, shall bar the employee from all compensation during the period of
such refusal unless, in the opinion of the industrial board, the circumstances
justify such refusal.
If in an emergency or because of the employer’s failure to provide such
attending physician or such surgical, hospital, or nurse’s services and supplies
as herein specified, or for other good reason, a physician other than that pro
vided by the employer treats the injured employee within the first 30 days, or
necessary and proper surgical, hospital, or nurse’s services and supplies are
procured within said period, the reasonable cost of such service and supplies
shall, subject to the approval of the industrial board, be paid by the employer.
Sec. 26. Charges.—The pecuniary liability of the employer for 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
person.
Sec. 27. Medical examination.— [During disability the injured employee must
submit to medical examination as requested by the employer or ordered by
the board, and may have his own physician present. Facts coming to the
knowledge of physicians who attend or examine such employees are not
privileged. Refusal or obstruction of examination suspends compensation, and
none will be paid for the period unless the board finds such refusal or ob
struction justifiable. An autopsy may be had in any case of death, at the
expense of the party requiring it.]
Sec. 28 (as amended 1917, ch. 81). Waiting time.—No compensation shall be
allowed for the first seven calendar days of disability resulting from an injury,
except the benefits provided for in section 25; but if disability extends beyond
that period compensation shall commence with the eighth day after the injury.
Sec. 29 (as amended 1917, ch. 81). Total disability.—Where the injury causes
total disability for work, there shall be paid to the injured employee during
such total disability, but not including the first seven days thereof, a weekly
compensation equal to 55 per cent of his average weekly wages for a period of
not to exceed 500 weeks.
Sec. 30 (as amended 1917, ch. 81). Partial disability.—Where the injury
causes partial disability for work, there shall be paid to the injured employee
during such disability, but not including the first seven days thereof, a weekly
compensation equal to one-half of the difference between his “ average weekly
wages” and the weekly wages at which he is actually employed after the
injury, for a period not to exceed 300 weeks.
In case the partial disability begins after a period of total disability, the
latter period shall be deducted from the maximum period allowed for partial
disability.
Sec. 31 (as amended 1919, ch. 57). Schedule.—For injuries in the following
schedule the employee shall receive in lieu of all other compensation, on
account of said injuries, a weekly compensation of 55 per cent of his average
weekly wages for the periods stated for said injuries respectively, to w it:
(a) Amputations: For the loss by separation, of the thumb 60 weeks, of
the index finger 40 weeks, of the second finger 35 weeks, of the third or ring
finger 30 weeks, of the fourth or little finger 20 weeks, of the hand by separa
tion below the elbow joint 200 weeks, of the arm above the elbow joint 250
weeks, of the big toe 60 weeks, of the second toe 30 weeks, of the third toe
20 weeks, of the fourth toe 15 weeks, of the fifth or little toe 10 weeks, of the
foot below the knee joint 150 weeks, and of the leg above the knee joint 200
weeks. The loss of more than one phalange of a thumb or toe shall be
considered at the loss of the entire thumb or toe. The loss of more than
two phalanges of a finger shall be considered as the loss of the entire finger.
That the loss of not more than one phalange of a thumb or toe shall be con
sidered as the loss of one-half of the thumb or toe and compensation shall be
paid for one-half of the period for the loss of the entire thumb or toe. That
the loss of not more than two phalanges of a finger shall be considered as the
loss of one-half of the finger and compensation shall be paid for one-half of the
period for the loss of the entire Angel*.
(ft) Loss of use: The total permanent loss of the use of an arm, hand,
thumb, finger, leg, foot, toe, or phalange shall be considered as the equivalent
of the loss, by separation, of the arm, hand, thumb, finger, leg, foot, toe, or
phalange, and the compensation shall be paid for the same period as for the
loss thereof by separation.
TEXT OF LAWS— INDIANA
201
(c ) Partial loss of use: For the permanent partial loss of the use of an
armf hand, thumb, finger, leg, foot, toe, or phalange, compensation shall be
paid for the proportionate loss of the use of such arm, hand, thumb, finder,
leg, foot, toe, or phalange.
(d) For injuries resulting in total permanent disability, 500 weeks.
(0) For the loss of both hands, or both ieet, or the sight of both eyes or
any two of such losses in the same accident, 500 weeks.
( f ) For the permanent loss of the sight of an eye or its reduction to one-tenth
of normal vision with glasses. 150 week.s, and for any other permanent reduc
tion of the sight of an eye compensation shall be paid for a period propor
tionate to the degree of such permanent reduction.
(g) For the permanent and complete loss of hearing, 100 week3.
(h) In all other cases of permanent partial impairment, compensation
proportionate to the degree of such permanent partial impairment, in the
discretion of the industrial board, not exceeding 500 weeks.
(1) In all cases of permanent disfigurement, which may impair the future
usefulness or opportunities of the employee, compensation, in the discretion
of the industrial board, not exceeding 200 weeks.
(j) For injuries causing temporary total disability for work there shall be
paid to the injured employee during such total disability, but not including
the first seven calendar days thereof, a weekly compensation equal to 55 per
cent of his average weekly wages for a period not to exceed 500 weeks.
(ft) For injuries causing temporary partial disability for work, compensa
tion shall be paid to the injured employee during such disability, but not
including the first seven calendar days, a weekly compensation equal to 55
per cent o f the difference between his average weekly wages and the weekly
wages at which he is actually employed after the injury, for a period not to
exceed 300 weeks. In case the partial disability begins after the period of
temporary total disability the latter period shall be deducted from the maxi
mum period allowed for partial disability.
(2) No compensation shall be allowed 011 account of injuries producing only
temporary total disability to work 01* temporary partial disability to work
for the first seven calendar days of disability resulting from such injuries
except the benefits provided for in section 25; but if disability extends beyond
that period, compensation shall commence with the beginning of the eighth
day of such disability.
Sec. 32. Refusing employment.—If an injured employee refuses employment
suitable to his capacity procured for him, he shall not be entitled to any com
pensation at any time during the continuance of such refusal, unless in the
opinion of the industrial board such refusal was justifiable.
Sec. 33. Subsequent injuries.— If an employee has sustained a permanent
injury in another employment than that in which he received a subsequent
permanent injury by accident, such as specified in section 31, he shall be en
titled to compensation for the subsequent injury in the same amount as if the
previous injury had not occurred.
Sec. 34. Double mjury.—If an employee received an injury for which com
pensation is payable while he is still receiving or entitled to compensation
for a previous injury in the same employment, he shall not at the same time
be entitled to compensation for both injuries, unless it be for a permanent
injury, such as specified in section 31; but he shall be entitled to compensa
tion for that injury and from the time of that injury which will cover the
longest period and the largest amount payable under this act
Sec. 35. Two permanent injuries.—If an employee receives a permanent in
jury, such as specified in section 31, after having sustained another permanent
injury in the same employment, he shall be entitled to compensation for both
injuries, but the total compensation shall be paid by extending the period
and not by increasing the amount of weekly compensation.
When the previous and subsequent permanent injuries result in total per
manent disability, compensation shall be payable for permanent total disa
bility, but payments made for the previous injury shall be deducted from the
total payment of compensation due.
Sec. 30. Death during compensation period.—When an employee receives or
is entitled to compensation under this act for an injury and dies from any other
cause than the injury for which he was entitled to compensation, payment of
the unpaid balance of compensation shall be made to his next of kin dependent
upon him for support.
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WORKMEN’S COMPENSATION LAWS— UNITED STATES
S ec. 37 (as amended, 1939, eh. 57). Death benefits.— When death results
from the injury within 300 weeks, there shall be paid a weekly compensation
equal to 55 per eent of the deceased's average weekly wages during such
remaining part of 300 weeks as compensation shall not have been paid to
the deceased on account of the injury, in equal shares to all dependents of
the employee wholly dependent upon him for support at the time of the death.
If the employee leaves dependents only partially dependent upon his earnings
for support at the time of his injury, the weekly compensation to those de
pendents shall be in the same proportion to the weekly compensation for
persons wholly dependent as the average amount contributed weekly by the
deceased to such partial dependent bears to his average weekly wages at the
time of the injury.
Sec. 38 (as amended 1919, eh. 57). Dependents.—The following persons shall
be conclusively presumed to be wholly dependent for support upon a deceased
employee:
(a)
A wife upon a husband with whom she is living at the time of his
death, or upon whom the laws of the State impose the obligation of her
support at such time.
(&)
A husband, who is both physically and financially incapable of selfsupport, upon his wife with whom he is living at the time of her death.
(c) A child under the age of 18 years upon the parent with whom he or she
is living at the time of the death of such parent.
(d) A child under 18 years upon the parent with whom he or she may not be
living at the time of the death of such parent, but upon whom, at such time,
the laws of the State impose the obligation to support such child.
(e) A child over the age of 18 years who is either physically or mentally
incapacitated from earning his or her own support, upon a parent with whom
he or she is living at the time of the death of such parent, or upon whom the
laws of the State at such time impose the obligation of the support of such
child.
As used in this section, the term “ child ” shall include stepchildren, legally
adopted children, posthumous children, and acknowledged illegitimate chil
dren, but shall not include married children; the term “ parent ” shall include
step-parents and parents by adoption.
In all other cases questions of total dependency shall be determined in ac
cordance with the fact as the fact may be at the time of the death, and the
question of partial dependency shall be determined in like manner as of date
of the injury. If there is more than one person wholly dependent, the death
benefit shall be divided equally among them; and persons partially dependent
shall receive not [no] part thereof.
If there is no one wholly dependent and more than one person partially de
pendent, the death benefit shall be divided among the partial dependents ac
cording to the relative extent of their dependency.
The dependency of a widow, widower, or child shall terminate with his or
her marriage subsequent to the death of the employee.
The dependency of a child, except a child physically or mentally incapacitated
from earning shall terminate with the attainment of 18 years of age.
S ec . 39 (as amended 1919, ch. 57). Burial expenses.—In all oases of the death
of an employee from an injury by an accident arising out of and in the course
of his employment under such circumstances that the employee would have
been entitled to compensation if death had not resulted, the employer shall pay
the burial expenses of such employee, not exceeding $100.
S ec . 40. Basic wages.—In computing compensation under the foregoing sec
tions the average weekly wages of an employee shall be considered not to be
more than $24 nor less than $10: And provided further, That the total com
pensation payable under this act shall in no case exceed $5,000.
Sec. 41. Advance payments.—Any payments made by the employer to the
injured employee during the period of his disability, or to his dependents, which
by the terms of this act were not due and payable when made, may, subject to
the approval of the industrial board, be deducted from the amount to be paid
as compensation: Provided, That in case of disability such deduction shall be
made by shortening the period during which compensation must be paid and
not by reducing the amount of the weekly payments, unless otherwise here
inafter specified.
S ec . 42 (as amended 1919, ch. 57). Time of payments.—When so provided in
the compensation agreement or in the award of the industrial board, com
pensation may be paid semimonthly or monthly instead of weekly.
TEXT OF U W S — INDIANA
203
S e p s . 43 (as amended 3910, ch. 57), 44. Lump sums.— [After 26 weeks’ com
pensation payments, in unusual eases, on agreement of the parties and approval
of the hoard, remaining benefits m;iy be redeemed in whole or in part in a
lump sum, representing the present worth computed at 3 i>er cent interest,
compounded annually. Compensation for permanently disabling injuries to a
minor may be commuted at any time if the board so orders. Lump sums may
be paid to trustees if the board thinks it expedient.]
S ec . 45 (as amended 1919, ch. 45). Rcvkics.— [The board lias continuing
jurisdiction over each case and may, on its own motion or application of either
party, modify awards on account of change of condition, but not to effect past
payments. Such power does not extend beyond one year after the termination
of the compensation period originally fixed. The board may at any time correct
clerical errors or mistakes of fact.]
S ec . 46 (as amended 1919, ch. 57). Small awards.—When the aggregate pay
ments of compensation awarded by agreement or upon hearing to an employee
or dependent under 18 years of age do not exceed $100 the payment thereof
may be made directly to such employee or dependent, except when the indus
trial board shall order otherwise.
Whenever the aggregate payments of compensation due to any person under
18 years of age exceed $100 the payment thereof shall be made to a trustee,
appointed by the circuit or superior court, or to a duly qualified guardian, or
to a parent upon the order of the industrial board. The payment of compensa
tion due ro any person 18 years of age or over may be made directly to such
person.
S ec . 47 (as amended 1019, ch. 57). Incompetents, etc.—If an injured em
ployee or a dependent is mentally incompetent, or a minor at the time when
any right or privilege accrues to him under this act his guardian or trustee
may, in his behalf, claim and exercise such right or privilege.
Sec. 48 (as amended 1919, ch. 57). Limitation.—No limitation of time pro
vided in this act shall run against any person who is mentally incompetent or
a minor dependent, or a minor, so long as he had no guardian or trustee.
S ec . 49. Two or more employers.—Whenever any employee for whose injury
or death compensation is payable under this act shall at the time of the injury
be in the joint service of two or more employers subject to this act such
employers shall contribute to the payment of such compensation in proportion
to their wage liability to such employees: Provided, however, That nothing
in this section shall prevent any reasonable arrangement between such em
ployers for a different distribution as between themselves of the ultimate bur
den of compensation.
P a r t III
S e c t i o n s 50, 51 (both as amended 1019, ch. 57), 52-55, 56 (as amended 1919,
ch. 57). Industrial "board.— [An industrial board consisting of five members,
two to be attorneys and not more than three to be of the same political party,
is to be appointed by the governor. An attorney of recognized qualifications
is to be chairman. Terms are four years and until successors are appointed
and qualified, unless removed by the governor, notation is provided for.
Members may be removed for incompetency, neglect of duty, or other good
cause. Annual salaries are $4,000 each, and a secretary and such clerical and
other assistants as are deemed necessary may be employed, not more than 60
per cent to be of the same political party.
The board is given charge of the administration of various industrial and
safety laws, and is to have offices and keep records in the city of Indianapolis.
It may make rules not inconsistent with this act. Process and procedure are
to be summary and simple as reasonably may be. The board or any member
may administer oaths, subpoena witnesses to be served by the county sheriff,
and may procure the attendance of witnesses on application to the circuit or
superior court. Forms, records, and annual reports to the governor are to be
prepared and furnished as needed.]
S ecs . 57 (a s am ended 1917, ch. 81), 58 ( a s am ended 1919, ch. 57), 59-61 (a s
am ended 1917, ch. 63), 62, 63 (a s am ended 1919, ch. 57), 64, 65 ( a s amended
1919, ch. 57). Procedure.— [A greem en t m ay be m ade a fte r seven d ays from
the d ate o f an in ju ry or death in a form prescribed by the board, and filed
1965°— 26-------14
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w o r k m e n ’ s COMPENSATION LAWS----UNITED STATES
with it and approved, and becomes enforceable, but. in the absence of filing is
voidable by the employee or his dependents. If no agreement is reached, or a
disagreement arises as to continuance of payments on account of change in
conditions, either party may apply to the board for a determination of matters
in dispute. Hearings are to be had and a summary determination of the
matters in issue. If the award is not by a full board and application for re
view is made within seven days, the full board shall review the evidence or
hear the parties, their representatives and witnesses and make an award.
Such an award, or an award by less than a full board if not appealed from, is
conclusive and binding as to all questions of fact, but appeals on questions of
law lie to the court. The board may also of its own motion certify questions
of law to the appellate court. Appeals are to be advanced and determined at
the earliest possible date. If an award of the full board is affirmed on appeal
it shall be increased thereby 5 per cent.
An agreement or award not appealed from may be tiled by any party in
interest iu the circuit or superior court of the county, and shall thereupon
have the same effect as a judgment of the court. It shall be notiiied in
accordance with any changes made in an award by the board. Costs are to
be awarded and taxed as in ordinary civil actions in the circuit court. The
board or a member may on application, or its own motion, appoint a physician
to make necessary medical examinations and testify in respect thereto. A
reasonable fee not exceeding $10 is allowed, though in case of extraordinary
cases this may be increased. Fees and expenses of such physicians are to be
paid by the State.
Attorney and medical fees and charges of nurses and hospitals are subject
to approval by the board. The fixing of an attorney's fee is binding upon
both the claimant and the attorney, and the employer is to pay such fee. out
of the award.]
S ec . 66. Settlement of disputes.— [Questions under this act not settled
by agreement are to be settled by the board, except as otherwise herein
provided.]
S ex\ 67. Report8 of injuries.— [Employers are required to keep a record of
all injuries to their employees and report those causing absence from work
of more than one day within one week after their occurrence; also to make
supplementary reports on the details of the disability, or within 60 days in a
protracted case, the termination of which is also to be reported.]
S ecs . 68-70 (all as amended 1917, ch. 57), 71, 72, 78 (as amended 1919,
ch. 57), 74, 75. Registration and Insurance of employees.— [Every employer in
the State, except employers of farm and domestic labor, must annually
register with the board and procure a certificate therefrom, giving the name
of the employer, post-office address, nature and location of business, and
number of employees by sex. Every employer under the act must insure
bis liability thereunder or furnish satisfactory proof of financial ability
to make direct payments of compensation as it may become due. Evidence
of compliance with this provision must be filed with the board. A certificate
permitting self-insurance is furnished, but may be revoked on satisfactory
evidence after notice of hearing, subject to renewal on a proper showing.
Mutual companies and reciprocal associations are authorized on compliance
with the requirements of the board. A substitute scheme may also be estab
lished subject to approval of the board and determination by it. If on notice
and hearing it appears not to be fairly administered, in danger of insolvency, or
for other substantial reason not accomplishing the purposes of the act, it
may be terminated. If contributions of employees are required, benefits
must be provided in addition to those provided for by the act, insurance
policies must be submitted to and approved by the board, and all policies
issued are conclusively presumed to cover all the employees and the entire
compensation liability of the insured employer, including medical and sur
gical aid, burial expenses, etc. Modifications or limitations are void. As
between insurer and employer, notice to the employer and his jurisdiction
are notice and. jurisdiction as to the insurer. Payments are to inure directly
to the benefit of claimants, and default of an employer after injury or
failure to give notice required by the policy or otherwise does not relieve
the obligation of the insurer. Failure of any insurer to pay final awards
and judgments, except during the pendency of an appeal, or noncompliance
TEXT OP LAWS— INDIANA
205
with the act entails a revocation of the board's approval of its policy form,
and it may not accept further business until the approval of the board is
renewed.]
S ec . 76 (as amended 1919, ch. 57; 1923, ch. 76). Definitions.—In this act
unless the context otherwise requires:
(a) “ Employer'* shall include the State and any political division, any
municipal corporation within the State, any individual, firm, association, or
corporation or the receiver or trustee of the same, or the legal representatives
of a deceased person using the services of another for pay. If the employer
is insured it shall include his insurer so far as applicable. The term “ em
ployee” as used in this act and in the act of which this act is amendatory
shall be construed to include every person, including a minor 14 years of age
or over, in the service of another under any contract of hire or apprenticeship,
written or implied, except one whose employment is both casual and not in the
usual course of the trade, business, occupation, or profession of the employer.
Except as herein provided, all such minor employees are hereby made of full
age for all purposes under, in connection with, or arising out of this act. Any
reference to an employee who has been injured shall, when the employee is
dead, also include his legal representatives, dependents, and other persons to
whom compensation may bo payable. E x c e p t as hereinafter otherwise pro
vided, if the employee be a minor of the age of 34 years or over who at the time
of the accident is employed, required, suffered, or permitted to work in violation
of any of the provisions of any of the child labor laws of this Slate, the amount
of compensation and death benefits as provided in this act shall be double the
amount which would otherwise be recoverable. The insurance carrier shall be
liable on its policy for one-half of the compensation or benefits that may be pay
able on account of the injury or death of such minor and the employer shall
bt wholly liable for the other one-half of such compensation or benefits: Pro
vided, That if such employee be a minor who is not less than 36 years and not
more than 18 years of age and who at the time of the accident is employed,
suffered, or permitted to work at any occupation which is not prohibited by law,
the provision of this act prescribing double the amount otherwise recoverable
shall not apply.
The rights and remedies herein granted to a minor subject, to this act on
account of personal injury or death by accident shall exclude all rights and
remedies of such minor, his parents, his personal representatives, dependents,
or next kin at common law, statutory or otherwise, on account of such injury
or death.
This act shall not apply to minors under 14 years of age.
(b) [Repealed.]
(c ) “Average weekly wages” shall mean the earnings of the injured em
ployee in the employment in which he was working at the time of the injury
during the period of 52 weeks immediately preceding the date of injury,
divided by 52; but if the injured employee lost seven or more calendar days
during such period, although not in the same week, then the earnings for the
remainder of such 52 weeks shall be divided by the number of weeks and parts
thereof remaining after the time so lost has been deducted. Where the employ
ment prior to the injury extended over a period of less than 52 weeks, the
method of dividing the earnings during that period by the number of weeks
and parts thereof during which the employee earned wages shall be followed :
Provided. Results just and fair to both parties will thereby be obtained.
Where by reason of the shortness of the time during which the employee has
been in the employment of his employer or of the casual nature or terms
of the employment it is impracticable to compute the average weekly wages as
above defined, regard shall be had to the average weekly amount which during
the 52 weeks previous to the injury was being earned by a person in the same
grade employed at the same work by the same employer, or if there is no per
son so employed, by a person in the same grade employed in the same class of
employment in the same district.
Wherever allowances of any character made to an employee in lieu of wages
are specified part of the wage contract, they shall be deemed a part of his
earnings.
{d) “ Injury” and “ personal injury” shall mean only injury by accident
arising out of and in the course of the employment and shall not include a
disease in any form except as it shall result from the injury.
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WORKMEN'S COMPENSATION LAWS— UNITED STATES
S ec . 77. Provisions severable.—If any section or provision of this act be
decided by the courts to be unconstitutional or invalid, the same shall not
affect the validity of this act as a whole or any part thereof other than the part
so decided to be unconstitutional or invalid.
S ec . 78. [Repealed.]
S ec . 80. Appropriation.—For the purpose of paying the salaries and expenses
of the members of the industrial board and its employees, the sum of $70,000
or so much thereof as may be necessary is hereby appropriated.
S ec . 81. Pending cases.—The provisions of this act shall not affect pending
litigation.
IOWA
CODE, 1924
IIForkm en's compcn nation
S ection 1361. Exempt employments.—This chapter shall not apply to—
1. Any household or domestic* servant.
2. Persons whose employment is of a casual nature.
3. Persons engaged in agriculture, in so far as injuries shall be incurred by
employees while engaged in agricultural pursuits or any operations immediately
connected therewith, whether on or off the premises of the employer.
4. As between a municipal corporation, city, or town and any person or per
sons receiving any benefits under, or who may be entitled to benefits from, any
“ firemen's pension fund” or “ policemen’s pension fund” of any municipal
corporation, city, or town, except as otherwise provided by law.
Sec. 1362. Compulsory, when.—Where the State, county, municipal corpora
tion, school district, or city under any form of government is the employer, the
provisions of this chapter for the payment of compensation and.amount thereof
for an injury sustained by an employee of such employer shall be exclusive,
compulsory, and obligatory upon both employer and employee, except as other
wise provided in the preceding section.
Sec. 1363. Election presumed.—Except as provided by this chapter, it shall
be conclusively presumed that every employer has elected to provide, secure,
and pay compensation according to the provisions of this chapter 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 personal
injury.
S ecs . 1364-1369. Rejection.— [Employers may reject by written notice posted
in their establishments and filed with the industrial commissioner; employees
by written notice to the employer, likewise filed. The forms of employers’
and employees* notices to reject are prescribed, and are to be substantially
complied with. An employer’s notice of rejection, when posted, is binding
on subsequent employees the same as on those in current employment.
If an employee rejects, the employer retains the common-law defenses in
any action against him for injuries, but assumption of risks can not be pleaded
if the injury is due to the failure of the employer in respect of statutory
requirements as to safety.]
S ec . 1370. Affidavit of employee as to rejection.—When an employee or one
who is an applicant for employment rejects the provisions of this chapter he
shall, in addition to such notice, state in an affidavit to be filed with said
notice who, if any person, requested, suggested, or demanded of such person
to reject the provisions of this chapter. If such request, suggestion, or demand
has been made of such employee by any person, such employee shall state the
name of the person who made the request, suggestion, or demand, and all of
the circumstances relating thereto, the date and place made, and persons pres
ent, and if it be found that the employer of such employee, or an employer to
whom an applicant for employment has applied, or any person a member of
the firm, association, corporation, or agent or official of such employer, made
a request, suggestion, or demand to such employee or applicant for employment
to reject the provisions of this chapter, the rejection made under such cir
cumstances shall be conclusively presumed to have been fraudulently procured,
and such rejection shall be null and void and of no effect, unless such employee
has a permanent disability at the time of making the affidavit, then and in
that event such rejection shall be presumed to have been fraudulently procured.
S ec . 1371. Who may administer oath.—No person interested in the business
of such employer, financially or otherwise, shall be permitted to administer
the oath to the affiant required in case an employee or applicant for employment
elects to reject the provisions of this chapter. And the person administering
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WORKMEN’ S COMPENSATION LAWS— UNITED STATES
such oath to such affiant shall carefully road tho notice and affidavit to such
person making such rejection, and shall explain that the purpose of the notice
is to bar such person from recovering compensation in accordance wjlth the
schedule and terms of this chapter in the event that he sustains an injury in
the course of such employment: all of which shall be shown by certificate of
the person administering the oath herein contemplated. The industrial com
missioner shall refuse to file the notice and affidavit unless the same fully and
in detail comply with the requirements hereof. If such rejection, affidavit, or
certificate is found insufficient for any cause, they shall be returned to the
person who executed the instrument, with the reasons indorsed thereon by the
industrial commissioner.
S e cs . 1372-1376. Term and effect of rejection.— [An election to reject is ef
fective until waived in writing in the same manner as the election to reject.
When an employer rejects he can not plead the defenses of assumed risks,
fellow service, or contributory negligence unless willful or the injury was due
to the injured person's intoxication. Injuries due to the willful intent to injur*
one’s self or another, or proximately to intoxication are not compensable.]
S ecs . 1377, 1378. Agreement implied.— [In the absence of notice to reject
all contracts of hire are construed as agreements to compensate and accept
compensation as in this act provided; and no contract of waiver can operate
to relieve the employer of his liability hereunder.]
S ec . 1379. Presumption as to negligence.— [Where a rejecting employer is
sued in an action for damages for Injury to his employee it is to be presumed
that such injury was the direct result of the employer's negligence, and the
burden of rebuttal rests on the employer.]
S ec . 1380. Remedy exclusive.— [U n til notice in w ritin g to the contrary, em
ployees are conclusively presum ed to h ave accepted the provisions o f this act
a s the e xclu sive rem edy in case o f in ju ry , the sam e being binding on personal
representatives, dependents, and n e xt o f k in.]
S ec. 1381. Subsequent rejection.— [An employer rejecting the act after ac
ceptance must secure the payment of any compensation due or to become due
to employees previously injured.]
S ec . 1382. Injuries due to third parties.— [Where the injury is such as to
create a legal liability in a third party the injured person, or in case of his
death, his legal representative, may both claim compensation and sue such third
party, giving notice to the employer of the suit. If the employer pays com
pensation he is to be indemnified therefor, and also has a lien against the judg
ment for any future payments. If the employee does not sue, the employer
may do so, and from the recovery retain a sum equal to past compensation pay
ments, plus the present worth of future payments computed on a basis of 6
per cent, the balance, if any. to go to the employee. In case of a settlement,
the consent of all parties in interest must be had, and a written notice filed
by the employee in the office of the industrial commissioner.]
Sec. 1383. Notice of injury.—Unless the employer or his representative 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 15 days after 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 such notice is
given or knowledge obtained within 30 days from the occurrence of the injury,
no want, failure, or inaccuracy of a notice shall be a bar to obtaining compen
sation, unless the employer shall show that he was prejudiced thereby, and then
only to the extent of such prejudice; but 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 com
pensation may be allowed, unless and then to the extent only that the em
ployer shall show that he was prejudiced by failure to receive such notice;
but unless knowledge is obtained or notice given within 90 days after the oc
currence of the injury, no compensation shall be allowed.
S e c s . 1384-1386. Form; service; limitation.— [A suggested form of notice is
given, but it may be varied. Notice may be served on anyone on whom an
original notice in civil causes might be served. Verified returns are required.
Proceedings are barred unless begun within two years from date of injury.]
S ec . 1387. Surgical and medical services.—In addition to other compensation
hereinafter provided for, at the time of the injury and thereafter during the
TEXT OF LAWS— IOWA
209
disability, but not exceeding four weeks of incapacity, the employer, if so re
quested by the employee, or anyone for him, or if so ordered by the court or
industrial commissioner, shall furnish reasonable surgical, medical, and hos
pital services and supplies therefor, or any other appropriate treatment agreed
to in writing by the employee rmtf the employer and the insurer, not exceeding
$100; but, in exceptional ca.^o>. the employer shall furnish such additional
medical, surgical, and hospital services and supplies for such period and in such
amount as the industrial commissioner shall order, but in 110 event to exceed
$100 for such additional services and supplies.
Sec. 1388. Burial expense.—When death ensues from the injury, the em
ployer shall pay the reasonable expenses of burial of such employee, not to
exceed $150, which shall be in addition to other compensation or any other
benefit provided for in this chapter.
Sec. 1389. Liability of employer in case of death and no dependents.—When
the injury causes death of an employee who leaves no dependents, then the
employer shall pay the reasonable expense of the employee's last sickness, if
any, and the expense of burial, as provided in the last two preceding sections,
and this shall be the only compensation: Provided, that if from the date of
the injury to the date of the death any weekly compensation shall have become
due and unpaid up to the time of the death, the same shall be payable to the
estate of the deceased employee.
Sec. 1390. Basis of compensation.—In all cases where an employee receives
a personal injury for which compensation other than for medical, surgical,
and hospital services and burial expenses, is payable, such compensation shall
be upon the basis of 60 per cent per week of the average weekly earnings
but not to exceed $15 nor less than $6 per week, except if at the time of his
injury his earnings are less than $6 per week, then he shall receive in weekly
payments a sum equal to the full amount of his weekly earnings.
Sec. 1391. Time of payments.—Compensation payments shall be made each
week beginning on the 22d day after the injury, and each week thereafter dur
ing the period for which compensation is payable, and if nor paid when due,
there shall be added to such weekly compensation payments interest at 6 per
cent from date of maturity.
Sec. 1392. Compensation in death cases; dependents; aliens.—1. When death
results from the injury, the employer shall pay the dependents who were
wholly dependent on the earnings of the employee for support at the time of
his injury, the weekly compensation for a period of 300 weeks from the date
of his injury.
2. When the injury causes the death of a minor employee whose earnings
wore received by the parent, the compensation to be paid such parent shall be
two-thirds the weekly compensation for an adult with like earnings.
3. 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 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 the injury.
4. When weekly compensation has been paid to an injured employee prior
to his death, the compensation to dependents shall run from the date to which
compensation was fully paid to such employee, but shall not continue for more
than 300 weeks from the date of the injury.
5. Where an employee is entitled to compensation under this chapter for an
injury received, and death ensues from any cause not resulting 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.
6. Except as otherwise provided by treaty, whenever, under the provisions
of thi.s and the two following chapters, compensation is payable to a dependent
who is an alien not residing in the United States at the time of the injury, the
employer shall pay 50 per cent of the compensation herein otherwise provided
to such dependent, and the other 50 per cent shall be paid into the State
treasury. But if the nonresident alien is a citizen of a government having a
compensation law which excludes citizens of the United States, either resident
or nonresident, from partaking of the benefits of such law in as favorable
degree as herein extended to the nonresident alien, then said compensation
which would otherwise be payable to such dependant shall be paid into the
8tate treasury.
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Sec. 1393. Waiting time.—Except as to injuries resulting in )>ermanent par
tial disability, compensation shall begin on the fifteenth day of disability after
the injury.
If the period of incapacity extends beyond the thirty-fifth day following the
date of injury, then the compensation for the fifth week shall be increased by
adding thereto an amount equal to iwo-thirds of one week of compensation.
If the period of incapacity extends beyond the forty-second day following the
date of injury, then the compensation for the sixth week shall be increased by
adding thereto an amount equal to two-thirds of one week of compensation.
If the period of incapacity extends beyond the forty-ninth day following
the date of injury, then the compensation for the seventh week shall be in
creased by adding thereto an amount equal to two-thirds of one week of com
pensation.
If the period of incapacity extends beyond the forty-ninth day following the
date of injury, then the compensation therafter shall be only the weekly com
pensation.
Sec. 1394. Temporary disability.—For injury producing temporary disability,
and beginning on the fifteenth day thereof, the employer shall pay the weekly
compensation during the period of such disability, but not exceeding 300 weeks,
including the periodical increase in cases to which the preceding section
applies.
Sec. 1395. Permanent total disability.—For an injury causing permanent
total disability, the employer shall pay the weekly compensation during the
period of his disability, not, however, beyond 400 weeks.
Sec. 1390. Schedule.—Compensation for permanent partial disability shall
begin at the date of injury and shall be based upon the extent of such dis
ability, and for all cases of permanent partial disability included in the fol
lowing schedule compensation shall be paid as follows:
1. For the loss of a thumb, weekly compensation during 40 weeks.
2. For the loss of a first finger, commonly called the index finger, weekly
compensation during 30 weeks.
3. For the loss of a second finger, weekly compensation during 25 weeks.
4. For the loss of a third finger, weekly compensation during 20 weeks.
5. For the loss of a fourth finger, commonly called the little finger, weekly
compensation during 15 weeks.
0.
The loss of the first or distal phalange of the thumb or of any finger shall
equal the loss of one-half of such thumb or finger and compensation shall be
one-half of the time for the loss of such thumb or finger.
7. The loss of more than one phalange shall equal the loss of the entire finger
or thumb.
8. For the loss of a great toe, weekly compensation during 25 weeks.
9. For the loss of one of the toes other than the great toe, weekly compensa
tion during 15 weeks.
10. The loss of the first phalange of any toe, shall equal the loss of one-half
of such toe aud the compensation shall be one-half of the time provided for
the loss of such toe.
.11. The loss of more than one phalange shall equal the loss of the entire toe.
12. For the loss of a hand, weekly compensation during 150 weeks.
13. The loss of two-thirds of that part of an arm between the shoulder joint
and the elbow joint shall equal the loss of an arm and the compensation there
for shall be weekly compensation during 225 weeks.
14. For the loss of a foot, weekly compensation during 125 weeks.
15. The loss of two-thirds of that part of a leg between the hip joint and the
knee joint shall equal the loss of a leg, and the compensation therefor shall
be weekly compensation during 200 weeks.
16. For the loss of an eye, weekly compensation during 100 weeks.
17. For the loss of an eye, the other eye having been lost prior to the in
jury, weekly compensation during 200 weeks.
18. For the loss of hearing in one ear, weekly compensation during 50 weeks,
and for the loss of hearing in both ears, weekly compensation during 150
weeks.
19. The loss of both arms, or both hands, or both feet, or both legs, or.both
eyes, or of any two thereof, caused by a single accident, shall equal permanent
total disability, to be compensated as such.
20. In all other cases of permanent partial disability, the condensation shall
bear such relation to the periods of compensation stated in the above schedule
as the disability bears to those produced by the injuries named in the schedule.
TEXT OF LAWS— IOWA
.
211
Sec. 1397. Basis of computation.— 1 Compensation shall be computed on
the basis of the annual earnings which the injured person received as salary,
wages, or earnings in the employment of the same employer during the year
next preceding the injury.
2. Employment by the same employer shall mean 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.
3. The annual earnings, if not otherwise determinable, shall be three hun
dred times the average daily earnings in such computation.
4. 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. If this basis of computation is impossible, or should appear to be
unreasonable, three hundred 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 the basis for the computation.
5. In case of injured employees who earn either no wages or less than three
hundred times the usual daily wage or earnings of the adult day laborer in the
same line of industry o f that locality, the yearly wage shall be reckoned as
three hundred times the average daily local wages of the average wage earner
in that particular kind or class of work; or if information of that kind is not
obtainable, then the class most kindred or similar in the same general employ
ment in the same neighborhood.
6. For employees in a business or enterprise which customarily shuts down
and ceases operation during a season of each year the number of working days
which it is the custom of such business or enterprise to operate each year
instead of 300 shall be the basis for computing the annual earnings; but the
minimum number of days which shall be used as a basis for the year’s work
shall not be less than 200.
7. 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 employ
ment 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 the employment.
8. 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 provisions of this chapter the compensation for each
subsequent injury shall be apportioned according to the proportion of disability
caused by the respective injuries which he shall have suffered.
Sue. 1398. Employees' contributions.—The compensation herein provided shall
be the measure of liability which the employer has assumed for injuries or
death that may occur to employees in his employment subject to the provisions
of this chapter, and it shall not be in any wise reduced by contribution from
employees or donations from any source.
Sec. 1399. Examination of injured employees.—After an injury the employee,
if so requested by his employer, shall submit himself for examination at some
reasonable time and 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 em
ployee to submit to such examination shall deprive him of the right to any
compensation for the period of such refusal. When a right of compensation
is thus suspended, no compensation shall be payable for the period of sus
pension.
Sec. 1400. Statement of earnings.—The employer shall furnish, upon request
of an injured employee or dependent or any legal representative acting for such
person, a statement of the earnings, wages, or salary and other matters relating
thereto during the year or part of the year that such employee was in the
employment of such employer for the year preceding the injury; but not more
than one report shall be required on account of any one injury.
S ec . 1401. Penalty.—On failure of the employer to furnish such statement
of earnings for 30 days after receiving written request therefor from an in
jured employee, his agent, attorney, dependent, or legal representative, such
employer shall pay a penalty of $25 for each offense to be collected by the
commissioner in any court having jurisdiction and paid into the State treasury.
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Sec. 1402. Persons eonc!a nicely presumed wholly dependent.—The following
shall be conclusively presumed to be wholly dependent upon the deceased
employee:
1. The surviving spouse, with the following exceptions:
(а) When it is shown that at the time of the injury the surviving spouse
had willfully deserted deceased without fault of the deceased, then such sur
vivor sliail not be considered as dependent in any degree.
(б) When the surviving spouse was not married to the deceased at the time
of the injury.
(c)
When the deceased leaves no dependent children and the surviving
spouse remarries, then all compensation shall cease on the date of such
marriage.
2. A child or children under 16 years 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. An adopted child or
children or stepchild or stepchildren shall be regarded the same as issue of
the body.
;j. A parent of a minor who is receiving the earnings of the employee at the
time when the injury occurred. Step-parents shall be regarded as parents.
S ec. 1403. Payment to spouse.—If the deceased employee leaves a surviving
spouse, the full compensation shall be paid to her or him, subject to the ex
ceptions in the preceding section.
If the spouse dies before full payment, the balance shall be paid to the
person or persons wholly dependent on deceased, if any, share and share alike.
11* there are none wholly dependent, then such balance shall be paid to partial
dependents, if any, in proportion to their dependency.
Sec. 1404. Actual dependents.—In all other cases, questions of dependency
in whole or in part shall be determined in accordance with the facts as of the
date 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. If
there is no one wholly dependent and more than one person partially dependent,
the death benefit shall be divided among them in the proportion each dependency
bears to their aggregate dependency.
Sec. 1405. Lump sums.—Future payments of compensation may be com
muted to a present-worth lump-sum payment on the following conditions:
1. When the period during which compensation is payable can be definitely
determined.
2. When the written approval of such commutation by the industrial com
missioner has been filed in the proceedings to commute.
3. When it shall be shown to the satisfaction of the court or a judge thereof
that such commutation will be for the best interest of the person or persons
entitled to the compensation, or that periodical payments as compared with
a lump-sum payment will entail undue expense, hardship, or inconvenience
upon the employer liable therefor.
S f.c s . 1406-1408. Commutation proceedings.— [Commutation may be had on
petition to the district court or a judge thereof, with notice to the opposite
party; or by agreement approved by the industrial commissioner. Present
worth shall be calculated on a basis of 5 per cent interest per annum. Partial
commutation may be made, with provision for weekly payment of the portion
not commuted. 1
S ecs . 1400, 1410. Trustees.— [T ru stees m a y be appointed fo r m inors and
m ental incom petents, to receive and expend benefits under this c h a p te r ; such
trustees m ust m ake ann ual reports to the court as to their transactions, and
sh all be paid such com pensation by the county as the court m ay d irect.]
S ecs . 1411-1413. Nonresident aliens.— [Consular officers or agents, or a
representative resident in the State, is to be regarded as the exclusive repre
sentative of alien dependents residing outside the United States. On filing
credentials in the district court, such officer or representative shall be ap
pointed trustee for such dependents; and on filing credentials with the industrial
commissioner he shall notify such officer or representative of the death of all
employees leaving alien dependents, so far as the same comes to his
knowledge.]
S ec . 1414. Payment of premiums by employees.— [No device by which
employees pay any premium for insurance is valid, and employers withholding
wages for such puiDose are guilty of a misdemeanor.]
TEXT OF LAWS— IOWA
213
S ec . 1415. Waivers.—No employee or dependent to whom this chapter applies,
shall have power to waive any of the provisions of this chapter in regard to
the amount of compensation which may be payable to such employee or de
pendent hereunder.
S ec . 1416. Agreements.—Any contract or agreement made by any employer
or his agent or attorney with any employee or any other dependent under the
provisions of this chapter within 12 days after the injury shall be pre
sumed to be fraudulent.
S ec . 1417. Interstate and intrastate commerce.—So far as permitted, or not
forbidden, by any act of Congress, employers engaged in interstate or foreign
commcrce and their employees working only in this State shall be bound by the
provisions of this chapter in like manner and with the same force and effect
in every respect as by this chapter provided for other employers and employees.
Sec. 1418. Public employees.—All valid claims now due or which may here
after become due employees of the State under the provisions of this chapter
shall be paid out of any funds in the State treasury not otherwise appropriated.
S ecs . 1419, 1420. Warrant to issue.— [The auditor of the State must issue
warrants for compensation awarded State employees under this chapter, and the
approval of the board of audit is not required.]
S ec . 1421. Definitions.—In this and chapters 71 and 72, unless the context
otherwise requires, the following definitions of terms shall prevail:
1. “ Emploj'er ” includes and applies to any person, firm, association, or cor
poration, State, county, municipal corporation, city under special charter and
under commission form of government, school district, and the legal representa
tives of a deceased employer.
2. “ Workman” or “ employee” means a person who has entered into the
employment of, or works under contract of service, express or implied, or
apprenticeship, for an employer, except as hereinafter specified.
3. The following i>ersons shall not be deemed “ workmen ” or “ employees ” :
(a) A person whose employment is purely casual and not for the purpose of
the employer’s trade or business.
(b) A person engaged in clerical work only, but clerical work shall not in
clude any one who may be subject to the hazards of the business.
(c) An independent contractor.
(<Z) A person 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, city under special charter or commission
form of government.
4. The term “ workman ” or “ employee ” shall include the singular and plural
of both sexes. Any reference to a workman or employee who has been injured
shall, when such workman or employee is dead, include his dependents as
herein defined or his legal representatives; and where the workman or employee
is a minor or incompetent, it shall include his guardian, next friend, or trustee.
5. The words “ injury ” or “ personal injury ” shall be construed as follows:
(a) They shall include death resulting from personal injury.
( b) They 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.
(c) They shall not include a disease unless it shall result from the injury.
6. The words “ personal injury arising out of and in the course of the em
ployment” shall include injuries to employees whose services are being per
formed 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.
7. The word “ court ” wherever used in this and the two succeeding chapters,
unless the context shows otherwise, shall be taken to mean the district court.
Sec. 1422. Peace officers.—Any policeman (except those pensioned under the
policemen’s pension fund created by law), any sheriff, marshal, constable,
and any and all of thedr deputies, and any and all other such legally appointed
or elected law-enforcing officers, who shall, while in line of duty or from
causes arising out of or sustained while in the course of their official employ
ment. meaning while in the act of making or attempting to make an arrest
or giving pursuit, or while performing such official duties where there is peril
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WOKKMEn’ s COMPENSATION LAWS— UNITED STATES
or hazard peculiar to the work of their office, be killed outright, or become
temporarily or permanently physically disabled, or if said disability result in
death, shall be entitled to compensation, the same to be paid out of the general
funds of the State for all such injuries or disability.
Where death occurs, compensation shall be paid to Ihe dependents of the
officer, as in other compensation cases. Such compensation shall be the maxi
mum allowed in compensation cases. The industrial commissioner shall have
jurisdiction as in other cases.
S e c s . 1423-1432. Industrial commissioner.— [The governor is to appoint an
industrial commissioner for a term of six years, who shall appoint a deputy
to serve during his pleasure, and to have all the powers and perform all the
duties of the commissioner in his absence or disability. The commissioner
may not be financially interested in any business enterprise coming under or
affected by this chapter during his term of office. He is charged with admin*
istering the compensation law and the law relating to compensation liability
insurance, and to make and enforce necessary rules and regulations to that
end. He presides as chairman on boards of arbitration and keeps a record
of all proceedings and decisions, and may issue subpoenas, administer oaths, and
examine books and records. A biennial report to the governor is directed.]
Secs. 1433-1435. Records; reports of injuries.— [Employers are required to
keep a record of injuries causiug disability for more than one day, and report
the same in writing to the industrial commissioner on blanks to be procured
from him. Such report is to be made within 48 hours after knowledge of
the occurrence, and on the termination of disability a supplemental report
is to be made. If the disability continues beyond 60 days a report is then
to be made and a final report on termination.]
Sec. 1436. Agreements.— [Agreements between employers and employees are
to bo filed with the industrial commissioner, and if not disapproved by him
within 20 days they become enforceable for all purposes except as otherwise
provided in this act. A minor or iiLs trustee may make such agreement and
give a valid and binding release for compensation paid.]
S ecs . 1437-1446. Arbitration.— [In case of failure of the parties to agree,
either party may request the appointment of a board of arbitration. On the
receipt of such request the commissioner notifies each party to name a mem
ber, he himself or his deputy being the third, who shall act as chairman;
or if either party fails to name an arbitrator within the time fixed, the com
missioner may appoint one. Arbitrators take an oath to perform their duties
impartially, and are authorized to make inquiries and hear evidence, applying
liberal rules, not being bound by common law, by legal or technical requirements
as to procedure. If a party or the parties desire, they may employ a short
hand reporter to be appointed by the commission, the expense to be taxed
with other costs. Provision is made for transcripts of the evidence, and the
taking of depositions. District courts may enforce by proper proceedings the
attendance of witnesses and the giving of evidence. Findings of the board of
arbitration, with a statement of evidence submitted and findings of fact,
rulings of law, and other pertinent matters shall be filed with the industrial
commissioner.]
S ecs . 1447-1460. Reviews and appeals.— [Any party aggrieved by the deci
sion or findings of a board of arbitrators may within 10 days thereafter file
a petition for review with the industrial commissioner, who shall there
upon fix a hearing at which the evidence will be considered, with additional
evidence, if offered. Notice of such additional evidence must be given the
opposite party or his attorney five days in advance. The commissioner may
affirm, modify, or reverse a decision, or remand it to the board of arbitration.
The findings must be in writing, stating findings of fact and conclusions of
law. Appeal may be taken within 30 days to a district court, the commis
sioner, on notice, to furnish a transcript of all documents in the case. Such
an appeal has precedence on the docket over all other civil business; only
matters of law can be considered, findings of fact being conclusive in the
absence of fraud. The order of the industrial commissioner may be modified,
reversed, or set aside if the commissioner acted without or in excess of his
powers, if the order or decree was procured by fraud, or if it is not supported
by the facts found, or if there is not sufficient competent evidence in the
j record to warrant such order or decision. In such case the court may remand
TEXT
or
LAWS— IOWA
215
the ease for further proceedings or may enter the proper judgment. No
costs except filing and transcript fees shall be charged so far as clerks are
concerned, the taxation cost being in the discretion of the court.
An appeal may be taken from the district court to the supreme court, to be
dockcted and submitted in the same time and manner as criminal cases.
Any award or agreement of continuing payments may be reviewed by the
industrial commissioner at the request of either party, and if the condition
of an employee warrants a change, he may end, diminish, or increase the
compensation. Such review will be had 011 i>etition, the commissioner to give
notice to the parties in interest as to the time fixed. The place will be
at the seat of the government unless by stipulation the hearing is to be else
where.]
Sec. 1461. Examination hy physician.— [The industrial commissioner may
appoint an impartial physician to examine a claimant and make report, allow
a fee of $5, or additional amounts in extraordinary cases. Such physician may
testify before the commissioner or other body as to the results of his examina
tion or the condition of the injured employee.]
Secs. 1462-1464. Fees.— [Fees and claims for legal, medical, hospital, and
burial services are subject to the approval of the industrial commissioner, and
give rise to no lien without such approval. The appointed arbitrators receive
fees of $5 each, but additional amounts may be allowed in extraordinary cases.
The employer pays such fees but may deduct one-half the sum from any com]>ensation found due the employee. Other costs incurred in hearings before a
board of arbitration or the commission shall be taxed in his or its discretion.
Witness fees are the same as allowed in the district court.]
Secs. 1465, 1466. Judgments on awards.— [On presentation to the district
court of the county of a certified copy of an order or decision of the commis
sioner or an award of the board or arbitration not appealed from, it shall be
filed and judgment entered thereon of the same effect as though rendered in a
suit duly heard and determined by said court. If an award is subsequently
modified, the judgment of the court shall be modified to conform.]
S ecs . 1467-1478. Insurance.— [Employers under the act must give proof of
solvency or insure in some approved corporation, association, or organization,
evidence of which must be submitted to the commissioner. Employers failing
to insure must post a notice to their employees to that effect, failure being a
misdemeanor. The commission on compensation reinsurance is limited to 15
per cent of the premium charged. Mutual companies may be formed by groups
of employers by themselves or an association of their workmen; also approved
schemes of compensation or benefit insurance may be provided in lieu of other
provision, but added benefits must be furnished commensurate with any con
tributions required of the workmen. Certificates of approval of such schemes
or of self-insurers may be withdrawn on notice and hearing if the facts war
rant such action.
Policies may not provide for a release of insurer in case of the insolvency of
the employer, and must contain a provision for direct payment by the insurer
to beneficiaries, workmen having a fixed lien upon any amount becoming due
on the policy to the employer from the insurance carrier. Notice, knowledge,
and jurisdiction on the part of the employer must be accepted as applying to
the insurer.]
S ec . 1479 (as amended 3925, ch. 162). Five or more employees.—When
any employer has more than five persons employed in hazardous employment,
excepting the employments recited in the first section of chapter 70, Code, 1924,
and such employer has elected to reject the compensation provisions of said
chapter, or when any such employer has not rejected the terms and provisions
thereof by filing and posting notices as provided in chapter 70, Code, 1924, but
has failed to insure his or its liability in one of the ways provided in this
chapter, unless relieved from carrying such insurance as provided in the second
preceding section, then any such employer's employee who has not rejected the
provisions of this chapter, in case of personal injury in the course of, and aris
ing out of such employment, shall have the right to elect to collect compensa
tion as provided in chapters 70 and 71, Code, 1924, or collect damages at common
law as modified by said chapter 70.
S e cs . 1480, 1481. Election hy employee.— [The election provided for in the
preceding section must be made in writing within 60 days after the receipt of
an injury giving rise to a claim for compensation for damages; otherwise it
216
w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES
will be conclusively presumed that compensation has been elected. On receipt
of notice by the commissioner, he must within five days inform the employer of
the election made.]
[Other provisions of law give a lien against any railway, interurban railway, *
or street-railway corporation or copartnership to secure a judgment or claim
for compensation under the Iowa workmen’s compensation act for personal
injuries to employees (Code, sec. 5100) ; exempt compensation awards from
garnishment, attachment, and execution (Acts of 1923, eh. 20) ; and authorize
cities and towns to provide hospital, nursing, and medical attention for members
of the police and lire departments, the amounts received by members of such
departments under the compensation law to be deducted from the amount paid
by such city or town under this authorization.]
KANSAS
GENERAL STATUTES—1915
Compensation of workmen for injuries
S ectio n 5896 (as amended 1917, ch. 226). Compensation, payable, when.—
I f in any employment to which this act applies, personal injury by accident
arising out of and in the course of employment is caused to a workman, his
employer sliall, subject as hereinafter mentioned, be liable to pay compensa
tion to the workman in accordance with this act. Save as herein provided no
such employer shail be liable for any injury for which compensation is recov
erable 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 iieriod of at least one week from earning full wages at the work at which he
is employed; (b) if it is proved that the injury to the workman results from
liis 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 employer, or solely from his deliberate breach of statu
tory regulations affecting safety of life or limb, or from his intoxication, any
compensation in respect to that injury shall be disallowed.
Sec. 5897. Fines, etc.—Nothing in this act shall affect the liability of the em
ployer or employee to a fine or penalty under any other statute.
S ec . 5898. Contractors.— (a) Where any person (in this section referred to
as principal) undertakes to execute any work which is a part of his trade or
business or which he has contracted to perform and contracts with any other
person (in this section referred to as the contractor) for the execution by or
under the contractor of the whole or any part of the work undertaken 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 workman had been immediately employed by him;
and where compensation is claimed from or proceedings are taken against the
principal, then, in the application of this act, references to the principal shall
be substituted for references to the employer, except the amount of compensa
tion 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 this section, he shall be entitled to in
demnity from any person who would have been liable to pay compensation to
the workman independently of this section, and shall have a cause of action
therefor, (c) Nothing in this section shall be construed as preventing a work
man from recovering compensation under this act from the contractor instead
of the principal, (d) This section shall not apply to any case where the acci
dent 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 contractor, when sued by a work
man 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 subcon
tractor.
Sec. 5899. Injuries by third parties.—Where the injury for which compen
sation is payable under this act was caused under circumstances creating a
legal liability against some person other than the employer to pay damages in
respect thereof, (a) the workman may take 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 recover both dam
ages and compensation; and (b) if the workman has recovered compensation
under this act, the person by whom the compensation was paid, or any person
who has been called on to indemnify him under the section of this act relating
217
218
w o r k m e n 's COMPENSATION LAWS— UNITED STATES
to subcontrading, shall be entitled to indemnity from the person so liable to
pay damages as aforesaid, and shall be subrogated to the rights of the work
man to recover damages therefor.
Skc. 5900 (as amended 1917, ch. 226). Scope of 7cur.-—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 ail employments
wherein a process requiring the use of any dangerous explosive or inflammable
materials is carried on, which is conducted for the purpose of business, trade
or gain; each of which employments is hereby determined to be especially dan
gerous, 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
lhereiu are inherent, necessary, or substantially unavoidable, and as to each of
which employments it is deemed necessary to establish a new system of com
pensation 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 o f 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 as to them as if this act had not l>een enacted. Agricultural
pursuits and employments incident thereto are hereby declared to be nonhazardous and exempt from the provisions of this act: Provided, That em
ployers whose work, trade, or business is not such as described and included
in this section of this act, and employers commencing or renewing in this
State any work, trade, or business, may elect to come within the provisions
of this act by filing with the secretary of state a written statement of election
to accept thereunder, and such election shall be effective when so filed, and such
election shall continue in effect unless and until such employer thereafter
desiring to change his election shall do so by filing a written declaration thereof
with the secretary of state, and the employee of any such employer so filing
such election shall be included herein unless such employee elects not to come
within this act as provided by section ♦ * * [5989], and if the employee
of such employer elects not to come within the provisions of this act, as herein
provided, such election shall continue in effect unless and until such employee
thereafter desiring to change his election shall do so by filing a written declara
tion thereof with the secretary of state.
S ec . 5901. Interstate commerce.—This act shall not be construed to apply to
business or employments which, according to law, are so engaged in interstate
commerce as to be not subject to the legislative power of the State, nor to per
sons injured while they are so engaged.
Sec. 5902. Small employers.—It is hereby determined that the necessity for
this law and the reason for its enactment, 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) con
tinuously for more than one month at the time of the accident: Provided, hoioevcr, That employers having less than five workmen may elect to come within
the provisions of this act in which case his employees shall be included herein,
as hereinafter provided: And, provided further, That this act shall apply to
mines without regard to the number of workmen employed.
S ec . 5908 (as amended 1917, ch. 226). Definitions.—In this act, unless the
context otherwise requires, (a) “ Railway” includes street railways and internrbans; and “ employment on railways ” includes work in depots, power houses,
roundhouses, machine shops, yards, ahd upon the right of way, and in the
operation of its engines, cars, and trains, and to employees of express com
panies while running on railroad trains, except as provided in section 5901
of General Statutes of 1915. (b) “ Factory ” means any premises wherein
power is used in manufacturing, making, altering, adapting, ornamenting, fin
ishing, repairing, or renovating any article or articles for the purpose of
trade or gain or of the business carried on therein, including expressly any
brickyard, moat-packing house, foundry, smelter, oil refinery, lime-burning
plant, steam heating plaut, electric lighting plant, electric power plant, and
water power plant, grain elevator, powder plant, blast furnace, paper mill,
printing plant, flour mill, glass factory, beet-sugar factory, cement plant,
artificial-gas plant, machine or repair shop, salt plant, and chemical manu
facturing plant, (c) “ Mine” means any opening in the earth for the purpose
of extracting any minerals and all underground workings, slopes, shafts,
galleries, and tunnels, and other ways, cuts, and openings connected therewith,
including those in the course of being opened, sunk, or driven; and includes
TEXT OF LAWS— KANSAS
219
nil 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,
day, sand, gravel, or other solid material is dug or otherwise extracted from
the earth for the purpose of trade or bargain or of employer’s trade or busi
ness. (e) “ Electrical work ” means any kind of work in or directly connected
with the construction, installation, operation, alteration, removal, or repair
of wires, cables, switchboards, or apparatus used for the tran.-mission of elec
trical current or operation of telegraph or telephone lines, (f) “ Building work”
means any work in the erection, construction, extension, decoration, alteration,
repair, or demolition of any building or structural appurtenances, (g) “ En
gineering work” means any work in the construction, alteration, extension,
repair, or demolition of a railway (as hereinbefore defined), bridge, jetty,
dike, dam, reservoir, underground conduit, pole lines constructed or used for
carrying conductors, sewer, oil or gas well, oil tank, gas tank, water tower, or
waterworks (including stand pipes or mains), any caisson work or work in
artificially compressed air, any work in dredging, pile driving, moving build
ings, moving safes, construction and repairing of streets, roads, and high
ways, or in laying, repairing, or removing underground pipes and connect:ions;
the erection, installing, repairing, or removing of boilers, furnaces, engines,
and power machinery (including belting and other connections), and any work
in grading or excavating where shoring is necessary or power machinery or
blasting powder, dynamite, or other high explosives are in use (excluding
mining and quarrying), (h) “ Employer” includes any person or body of per
sons, corporate or unincorporate, and the legal representatives of a deceased
employer or the receiver or trustee of a person, corporation, association, or
lKtrtnership; and when any mine, quarry, factory, or other place covered by
the provisions of this act in which work is being or to be performed is leased
cr let to any lessee or lessees under any form of contract or agreement other
than on a royalty basis, then and in all such cases the lessee or lessees and
the lessor or lessors shall be deemed to be operating said mine, quarry, fac
to ry, or other place described above as employers jointly, (i) “ Workman ”
means any person who has entered into the employment of or works under con
tract of service or apprenticeship with an employer, but does not include a
person who is employed otherwise than for the purpose of the employer’s
trade or business. Any reference to a workman who lias been injured shall
where the workman is dead include a reference to his dependents, as herein
after defined, or to his legal representatives, or where he is a minor or in
competent, to his guardian, (j) “ Dependents” means such members of the
workman’s family as were wholly or in part dependent upon the workman at
the time of the accident. “ Members of a family,” for the purpose of this act
means only widow or husband, as the case may be, and children; or if no
widow, husband, or children, then parents or grandparents; or if no parents or
grandparents, then grandchildren; or if no grandchildren, then brothel's and sis
ters. In the meaning of this section parents include step-parents, children include
stepchildren, and grandchildren include step-grandchildren, and brothers and
sisters include stepbrothers and stepsisters, and children and parents include
that relation by legal adoption. In the meaning of this section a widow shall
not be regarded as a dependent of a deceased workman nor as a member of
his family if she shall have for more than six months willfully or voluntarily
deserted or abandoned him prior to the date of his death; and a husband,
whether he be capable of wage earning or not, shall not, within the meaning
of this section, be regarded as a dependent of his deceased wife nor as a mem
ber of her family if he shall have for more than six months willfully or vol
untarily deserted or abandoned her prior to the time of her death, (k) The
words “ arising out of and in the course of employment” as used in this act
shall 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 approximate cause of which injury is not the employer’s negligence.
Sec. 5904. Incompetent persons.—In case an injured workman is mentally
incompetent or a minor, or where death results from the injury, in case any of
his dependents as herein defined is 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 provided for, shall run, so long as such
incompetent or minor has no guardian.
1965°— 20------ 15
220
w o r k m e n 's
COMFEXSATIOX LAWS---- UNITED STATES
Skc. 5905 (as amended 1917, ch. 22G). Medical, etc., treatment; schedule of
payments.—The amount of compensation under this act shall be: (1) On
demand, the employer shall pay the cost, not exceeding $150. of a physician and
all such medical, surgical, and hospital treatment, including nursing, medicines,
medical and surgical supplies, crutches, and apparatus as may be reasonably
necessary for a period of not longer than 50 days, to cure and relieve from the
effects of the injury, and in case of the refusal or neglect of the employer to rea
sonably do so, the employer shall be liable for the reasonable expenses incurred
by or on behalf of the employee in providing the same within the limits as to time
and amount hereinbefore expressed: Provided. That no employer shall be liable
for any medical, surgical, and hospital treatment, including nursing, medicines,
medical and surgical supplies, crutches, and apparatus, nor for any physician’s
or surgeon's fees in excess of the amount hereinbefore set forth. (2) (a) If
a workman leaves any dependents wholly dependent upon his earnings, a sum
equal to three times his average yearly earnings, computed as provided in sec
tion
* * * [5906], but not exceeding $3,800 and not less than $1,400:
Provided, That any payment under this act on account of any injury from
which death shall thereafter result, except such payments as may be made
under paragraph 1 of this section, shall be deducted from such sum: And pro
vided, however, That if the workman does not leave any dependents citizens
of and residing at the time of the accident and injury in the United States or
the Dominion of Canada, the amount of compensation shall not exceed in any
case the sum of $750. (b) If a workman does not leave any such dependents,
but leaves dependents in part dependent on his earnings, such proportion of the
amount payable under the provisions of paragraph 2 (a) of this section as may
be agreed upon or determined to be proportionate to the degree of dependency
of the said dependents, (c) If a workman does not leave any dependents, the
reasonable expense of his burial, not exceeding $150. (d) Marriage of any
dependent shall terminate all compensation of such dependent, but shall not
affect the compensation allowed other dependents. When any minor dependent,
not physically or mentally incapable of wage earning, shall become 18 years of
age, such compensation shall cease. (3) (a) Where total permanent disability
results from the injury, no compensation shall be paid during the first week of
disability, except that provided in paragraph 1 of this section, but after the
expiration of said first week, payment shall be made as provided in section 5907
of the General Statutes of 1915 during such permanent total disability of a
sum equal to 60 per cent of the average weekly earnings of the injured work
man, computed as provided in section * * * [5906]. but in no case less
than $6 per week nor more than $15 per week. The payment of compensation
for total permanent disability shall not extend over a period exceeding eight
years from the date of injury. Loss of both eyes, both hands, both arms, both
feet, or both legs shall, in the absence of proof to the contrary, constitute total
permanent disability. Substantially total paralysis, or incurable imbecility or
insanity, resulting from an injury independent of all other causes, shall consti
tute total permanent disability. In all other cases total permanent disability
shall be determined in accordance with the facts, (b) Where temporary total dis
ability results from the injury no compensation shall be paid during the first
week of disability, except that provided in paragraph 1 of this section, but after
the expiration of said first week payment shall be made in accordance with the
provisions of section 5907 of the General Statutes of 1915, during such tempo
rary total disability, of a sum equal to 60 per cent of the average weekly earn
ings of the injured workman, computed as provided in section * * *
[5906], but in no case less than $6 per week nor more than $15 per week:
Provided, That if such temporary total disability is followed by a permanent
partial disability resulting from the injury, payment for such permanent partial
disability shall be made as provided in clause (c) of this paragraph of this
section, (c) Where disability, partial in character but permanent in quality,
results from the injury, the injured workman shall be entitled to the compensa
tion provided in paragraph 1 of this section, but shall not be entitled to any
other or further compensation for or during the first week following the injury.
Thereafter, compensation in a lump sum shall be paid as provided in the fol
lowing schedule, the average weekly wages to be computed as provided in sec
tion * * * [5906], and the compensation to be in no case loss than $6
per week nor more thnn $12 per week.
(1)
For the loss of a thumb, 50 per cent of the average weekly wages during
60 weeks.
TEXT OP LAWS— KANSAS
221
(2) For the loss of a first finger, commonly called the index finger. 50
per cent of the average weekly wages during 37 weeks.
(3) For the loss of a second finger. 50 per cent of the average weekly wages
during 30 weeks.
(4) For the loss of a third finger, 50 per cent of the average weekly wages
during 20 vrecks.
(5) For the loss of a fourth finger, commonly called the little finger, 50
per cent of the average weekly wages during 15 weeks.
(6) 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
the compensation shall be one-half of the amounts specified above. The loss
of the first phalange and any part of the second phalange of any finger,
which includes the loss of any part of the bone of such second phalange,
shall be considered to be equal to the loss of two-thirds of such finger, and
the compensation shall be two-thirds of the amount specified above. The loss
of the first phalange and any part of the second phalange of the thumb,
which includes the loss of any part of the bone of such second phalange,
shall be considered to be equal to the loss of the entire thumb. The loss of
tlie first and second phklanges and any part of the third proximal phalanges
of any finger, which includes loss of any part of the bone of the third or
proximal phalange, shall be considered as the loss of the entire finger.
(7) For the loss of a great toe, 50 per cent of the average weekly wages
during 30 weeks.
(8) For the loss of any other toe than the great toe, 50 per cent of the
average weekly wages during 10 weeks.
(9) The loss of the first phalange of any toe shall be considered to bo
equal to the loss of one-half of such toe, and the compensation shall bo onelialf of the amounts above specified.
(10) The loss of more than one phalange of a toe shall be considered to
be equal to the loss of the entire toe.
(11) For the loss of a hand, 50 per cent of the average weekly wages during
150 weeks.
(12) For the loss of an arm, 50 per cent of the average weekly wages
during 210 weeks.
(13) For the loss of a foot, 50 per cent of the average weekly wagrs
during 125 weeks.
(14) For the loss of a leg, 50 per cent of the average weekly wages during
200 weeks.
(15) For the loss of an eye, or the complete loss of the sight thereof, 50 per
cent of the average weekly wages during 110 weeks.
(1.6) Amputation or severance between elbow and wrist shall be considered
as the loss of a hand. Amputation at or above the elbow shall be considered
as the loss of an arm. Amputation between knee and ankle shall be considered
as the loss of a foot. Amputation at or above the knee shall be considered as
the loss of a leg.
(17) For the complete loss of hearing of both ears, 50 per cent of the average
weekly wages during 100 weeks.
(18) For the complete loss of hearing of one ear, 50 per cent of the average
weekly wages during 25 weeks.
(19) Should the employer and employee be unable to agree upon the amount
of compensation to be paid in any case of injury not covered by the schedule,
the amount of compensation shall be settled according to the provisions of this
act as in other cases of disagreement: Provided, however, In case of partial
disability not covered by schedule the workman shall receive during such
period of partial disability not exceeding eight years, 60 per cent of the differ
ence between the amount he was earning prior to said injury as in this act
provided and the amount he is able to earn after such injury.
(20) If a workman has received an injury for which compensation is being
paid him, and his death is caused by other and independent causes, any pay
ments of compensation already due him at the time of his death and then
unpaid, shall be paid to his dependents direct, or to his legal representatives
if he left no dependents, but the liability of the employer for payments of com
pensation not yet due and payable at the time of the death of such workman
shall cease and be abrogated by his death.
(21) If a workman has suffered a previous disability and receives a later
Injury, the effects of which together with the previous disability shall result in
total permanent disability, then and in that event the compensation due said
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w o r k m e n ’ s c o m p e n s a tio n LAWS— UNITED STATES
workman shall be the difference between the amount provided in the schedule
of this section for his prior injury and the total sum which would be due said
employee for such total disability computed as provided in section * * *
[5906], but in 110 case less than $6 per week nor more than $15 per week.
(22) Permanent loss of the use of a hand, arm, foot, leg, or eye, as a direct
result of an injury, shall be considered as the equivalent of the loss of such
band, arm, foot, leg, or eye.
(23) The compensation for the foregoing specific injuries shall be in lieu of
all other compensation, except the benefits provided in paragraph 1 of this
section. Where the said minor or his dependents are entitled to compensation
under the provisions of this act, such compensation shall be exclusive of all
other remedies or causes of action for such injury or death, and no claim or
cause of action shall inure or accrue to, or exist in favor of the parent or parents
of such minor employee on account of any damage resulting to such parent or
parents on account of the loss of earnings or loss of service of such minor
employee resulting from or growing out of the injury to or death of such
minor employee. In any case of injury to or death of a female employee,
where the said female employee or her dependents are entitled to compensation
under the provisions of this act, such compensation shall be exclusive of all
other remedies or causes of action for such injury or death, and no claim of
action shall inure or accrue to or exist in favor of the surviving husband or any
relative or next of kin of such female employee on account of any damage
resulting to such surviving husband or any relative or next of kin on account
of the loss of earnings, services, or society of such female employee or on any
other account resulting from or growing out of the injury or death of such
female employee.
Sec. 5906 (as amended 1917, ch. 226). Earnings computed, hoic.—The aver
age annual earnings of a workman shall, for the purpose of the provisions of
this act, be computed as follows: (a) Where the workman has been continu
ously employed by the same employer for one year or longer, the actual amount
of money paid by the employer to the employee as wages or remuneration for
his services during the year immediately preceding the injury, undiminished
by loss due to absence from work on account of illness or other unavoidable
cause, (b) Where the workman has been employed less than one year by the
employer in whose employ he received the injury, fifty-two times the average
weekly amount which, during the 12 months immediately preceding the acci
dent, was being earned by a person in the same grade employed at the same
work by the same employer, undiminished by loss due to absence from work
on account of illness or other unavoidable cause; and If there is no person
in the same grade employed at the same work by the same employer, then
fifty-two times the average weekly earnings of a person in the same grade
employed by the same or other employer in the same district at the same or
similar work or employment, (c) Where the workman had entered into con
current contracts of service with two or more employers under which he
worked at one time for one such employer and at another time for another
such employer, his average annual earnings shall be computed as if his earn
ings under all such contracts were earnings in the employment of the em
ployer for whom he was working at the time of the injury, (d) Where the
employer has been accustomed to pay to the workman a sum to cover any
special expenses entailed upon him by the nature of his employment, the sums
so paid shall not be reckoned as part of the earnings of the workman; nor
shall tips or gratuities received from the employer or other persons be con
sidered or included as part of the workman's earnings, but reasonable value
of board, rent, housing, lodging, fuel, or other similar advantages received
from the employer as a part of remuneration of the employee and the value
of which can be estimated in money, shall be considered and included as part
of the workman's earnings, (e) If arbitration or litigation is necessary to
establish the amount of compensation, credit shall be given to the employer
by the arbitrator, arbitration committee or court for any amounts paid under
this act prior to the date of the award or prior to the trial and judgment.
2. The average weekly wages of a workman shall be one fifty-second part of
his average annual earnings computed as provided by paragraph 1 of this
section.
3. In computing average earnings of a workman under the preceding para
graphs of this section regard shall be fead to the earnings for what is com
monly regarded as a day's work or a week's work for the employment on which
the average earnings are calculated.
TEXT OP LAWS— KANSAS
223
4.
If a workman has suffered a previous disability and receives a later
injury, his average earnings used as a basis for the compensation for such
later injury shall be such amount as will reasonably represent his earning
capacity at the time of the later injury in the employment at which he was
working at such time.
Sec. 5907. Payments.—The payments shall be made at the same time, place,
and in the same manner as the wages of the workman were payable at the
time of the accident, but a judge of any district court having jurisdiction
upon the application of either party may modify such regulation in a particu
lar case as to him may seem just.
Sec. 5908. Payments to dependents.—Where death results from the injury
and the dependents of the deceased workman, as herein defined, have agreed to
accept compensation, and the amount of such compensation and the appor
tionment thereof between them has been agreed to or otherwise determined,
the employer may pay such compensation to them accordingly (or to an
administrator if one be appointed) and thereupon be discharged from all fur
ther liability for the injury. Where only the apportionment of the agreed
compensation between the dependents is not agreed to, the employer may pay
the amount into any district court having jurisdiction, or to the administrator
of the deceased workman, 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 such dependents. Where there are no dependents, medical and funeral
expenses may be paid and distributed in like manner.
S ec . 5909 (as amended 3917, ch. 226). Payments exempt from execution,
etc.—No claim for compensation, or compensation agreed upon, awarded, ad
judged, or paid, shall be assignable or subject to levy, execution, attachment,
garnishment, or any other remedy or procedure for the recovery or collection
of a debt, and this exemption can not be waived
S ec . 5910. [Repealed 1917, ch. 226.]
S ecs . 5911 (as amended 1917, ch. 226), 5912, 5918-5915 (as amended 1917,
ch. 226). Medical examinations.— [An injured workman must submit at reason
able times and places to examination by a physician selected by his employer,
but not oftener than once in four weeks, unless ordered by a judge of the
district court. The employee may have a physician selected and paid by him
in attendance, and unless such physician has a reasonable opportunity to
participate in the examination in the presence of the employer's physician, the
latter will not be permitted to give evidence as to matters in dispute. Either
party may require a report of any examination made by a physician employed
by the other on the payment of $1. A special examination may bo made by a
neutral physician at the instance of a committee, arbitrator, or judge hearing
a dispute, on petition of either or both parties, and at their expense. Refus
ing, obstructing, or preventing examination suspends compensation for such
period of refusal, etc. Reports of physicians must be supported in any court
proceedings by their testimony.]
Secs. 5916, 5917-5919 (as amended 1917, ch. 226), 5920, 5921-5928 (as
amended 1917, ch. 226). Procedure.— [Notice of an accident must be given
within 10 days thereafter, and claim for compensation within 8 months, or, if
fatal, within 6 months. Delivery must be personal or by registered mail.
Want of or defect in notice or in service is not a bar in the absence of actual
prejudice to the employer, nor if occasioned by a mistake, incapacity, or other
reasonable cause; failure to make a claim within the specified time is a bar,
except that the limitation does not run during any period of incapacity. Com
pensation may be settled by agreement, but if not, a committee, representative
of the parties and organized for the purpose, may act, or arbitrators elected
by it, in the absence of objection by either party. I f there be no such com
mittee, or objection is made, or the reference is not determined within 60 days,
a single arbitrator agreed on by the judge of a court may act. A committee
or arbitrator is not bound by technical rules of procedure, but must act reason
ably and without partiality. The finding is to be filed in the office of the clerk
of the proper district court within 60 days after the committee meets or the
arbitrator is elected, though the parties may agree in writing to extend the
time. If not so filed, the court may order an award to be filed within 10 days.
Arbitrator’s fees are to be fixed by the consent to agreement entered into by
the parties, or if not, shall not exceed $10 per day for not more than 10 days,
224
w o r k m e n 's
COMPENSATION T-AWS----UNITED st a te s
with expenses. Costs aiv to l>e taxed or apportioned in the discretion of the
arbitrator.
Awards «re to be in writing, with specified amounts due and unpaid, and
tlie amounts to be paid subsequently. No lump sum may be awarded except
of amounts in arrears. Any award may be modified by subsequent written
agreement of the parties, but such modifications will not be valid as against
the workman unless filed in the office of the clerk of the district court within
60 days after their execution. Final receipts are to be acknowledged and
verified bv the workman and filed with the court as above.
Review may be had at any time before the final payment of the applica
tion of either party, at which time the court may appoint physicians or
surgeons to examine the workman and report. It shall hear all competent
evidence, and if action in excess of power, or obtained by fraud is discovered,
or if the award is grossly excessive or inadequate, or the condition of the
workman has changed, the court may modify the award according to its
findings; or if it appears that the workman is earning an equal or greater
income, or has absented himself from reasonable examination by a physician
or has gone outside the United States or the Dominion of Canada,
@FedFRASER