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The policies of the several states both as to the form of insurance and as to making such insurance compulsory vary greatly. In some, as in New Hampshire, Rhode Island, New Jersey, Nebraska, and Wisconsin insurance is optional. In California it is optional, although a State Fund is provided for. In other states insurance in some form is compulsory. Thus, in Massachusetts the provisions of the Act apply only to subscribers to the "Employers' Insurance Association," which is under the supervision of the State, and to those who insure in private stock or mutual companies. In some states the law goes still farther; thus in Connecticut, New York, Illinois and some other states the employer must either satisfy the State Board of his financial responsibility and ability to pay any compensation awarded or he must insure in the State Fund or Employers' Association provided for in the Act or in some responsible private company.

There seems at present to be a growing tendency to provide for some system of State insurance, either by the establishment of a State Fund as in New York, Ohio, West Virginia, Michigan, California, Washington, and Nevada, or by the organization of Employers' Mutual Association under the supervision of the State as in Massachusetts and Connecticut.

ABSTRACTS OF WORKMEN'S COMPENSATION LAWS

The three common law defenses referred to in these abstracts are: 1. Assumption by the employee of the risks of the employment. 2. Negligence of fellow-employee -the fellow-servant doctrine. 3. Contributory negligence on the part of the injured employee.

ARIZONA. - Compensation compulsory in certain dangerous occupations, for injury due to necessary risks of employment, or to failure of employer or his employees to use due care. Employments specified: work on railroads; blasting; erection or demolition of steel frame buildings; use of hoisting apparatus on same; work on ladders or scaffolds more than twenty feet from the ground in erecting any structure; use of apparatus charged with electric current; pole lines for telegraph or telephone; mine and quarry work; tunnels, sub-ways and viaducts; work in factories operated by steam or electricity.

Compensation: in case of death, twenty-four hundred times onehalf of daily earnings not to exceed $4000, to be applied to support of widow, if any, and support and education of minor children until eighteen; medical and funeral expenses also payable from fund. If no widow or children, then to dependent father and mother or sister. For injury not resulting in death within six months but producing total incapacity for work for more than two weeks-semi-monthly payment during incapacity of one-half of average semi-monthly earnings. In case of partial incapacity or of partial recovery, payment of one-half of difference between earnings before and earning capacity after the accident. Payment not to exceed in all $4000. Notice must be given to employer or foreman within two weeks, and duplicate sent to Attorney General. Disputed questions if not settled by agreement or arbitration, then by reference to Attorney General or by action at law. Both parties presumed to be bound by Act, but may disaffirm by giving notice. If either party refuses to make or accept compensation under the Act the other may resort to other legal remedies. Parties in occupations other than those above may elect to come under the Act.

CALIFORNIA. Act includes employments of all kinds, unless casual and not in the usual course of employer's business, excepting agricultural labor, stock or poultry raising and domestic service. Intoxication or wilful misconduct of employee bars claim. Remedy exclusive except for injury caused by wilful misconduct of employer. Compensation:- — I. Medical and hospital treatment and medicines for 90 days. 2. In case of death, (a) To persons wholly dependent 65% of average weekly earnings to amount of three times average annual earnings, not less than $1000, nor more than $5000. (b) To those partially dependent a percentage of such amount equal to proportion of annual income given by the deceased to such persons. (c) If no dependents, funeral expenses $100. 3. For permanent disability 65% of average weekly earnings for periods of from 40 to 240 weeks according to degree of disability, and in addition, when disability amounts to 70 to 90%, a percentage of weekly earnings varying from 10 to 30%, and in case of total disability 40%, for life. 4. For temporary total disability 65% of average weekly earnings during disability beginning at end of two weeks; and for temporary partial disability 65% of weekly loss of wages, in neither case exceeding in all three times amount of average annual earnings, nor for time

exceeding 240 weeks. Unless employer has knowledge of accident notice must be given within 30 days, but defect or absence of notice does not bar claim unless employer is prejudiced thereby. Industrial Accident Commission has jurisdiction over controversies under the Act, and may modify original award, but not after 245 weeks from the date of accident. Principal contractor liable to employees of subcontractor unless the latter carries insurance. Employer cannot contract for exemption from liability, and any settlement with injured employee must be approved by Commission. State Insurance Fund under management of Commission who have power to fix rates of premiums to be paid by employees, but other insurance is permitted. Insurer directly liable to employee and may assume employer's liability and relieve him. Employer cannot insure against liability for his own gross negligence or wilful misconduct.

COLORADO-Act applies to state, counties, etc., and public institutions. Also to all employers of four or more persons regularly engaged in same business who elect to come under Act, excepting employers of domestic servants and farm or ranch labor. Other employers may do so by filing acceptance with Industrial Commission. Acceptance conclusively presumed unless written notice to the contrary filed before commencing business. It may be withdrawn by written notice filed sixty days before expiration of any year. Employer must post notices in place of business stating whether or not he accepts Act. Employee is subject to Act if he has notice that employer is subject to it, unless he gives notice to contrary. Persons employed casually, or not in employer's usual business not included. Employer not accepting Act deprived of defenses of assumption of risks of business, negligence of fellow servant, and negligence of employee. Employer accepting is subject only to liabilities in Act, and, as against employee not accepting, all legal defenses are open to him. Injury must be caused by accident arising out of and in course of employment, not intentionally self-inflicted, or intentionally inflicted by another. Insurance Fund from premiums paid by employers. Employments divided into classes and premiums for each fixed by commission. Employer while in default in payment deprived of benefits of Act. Employer must secure compensation either by payment of premium to Fund, or by insuring in authorized Insurance Co., or by furnishing satisfactory proof to Commission of financial ability to pay compensation directly to employees. In either of two last cases notices to employees must be posted. Employer must furnish medical and hospital treatment, medicines, etc., for not exceeding 30 days or $100 in amount. Compensation: - None except as above for first three weeks. Temporary disability, 50% average weekly wages so long as disability is total, not exceeding $8, nor less than $5, or full wages if less than $5.00 Partial disability, 50% of impairment of earning capacity during continuance thereof, not exceeding $8 per week, or $2080 in all. For certain specified mutilations time during which compensation is paid is fixed by schedule. Permanent total disability, 50% of average weekly wages for life; not exceeding $8 per week, nor less than $5, or full wages if less than $5. For death within two years after injury:- If no dependents burial expenses not exceeding $100. To persons wholly dependent, 50% of average weekly wages, subject to weekly maximum and minimum, for six years, but not more than $2500, nor less than $1000. To persons partly dependent the same for such portion of six years as Commission may determine not exceeding $2500. In case of death from other causes, to persons wholly dependent, any unaccrued

balance of compensation for permanent disability, and similar provision for persons partly dependent. Death benefits to dependents, non-residents of U. S., one third those to residents, and not to exceed $1000. Compensation reduced 50% when injury caused by failure to use safety device; or by wilful failure to obey reasonable rule for safety; or intoxication. Notice with claim for compensation, must be sent to Commission within 30 days. If no notice and no payment within one year, claim barred.

CONNECTICUT.- In actions for damages employer is deprived of defenses of contributory negligence, negligence of fellow employee and assumption of risk, but these provisions do not apply to employers of less than five employees, or of casual employees or outworkers, nor to employers accepting the obligations of the Act. Acceptance by employer and employee respectively presumed until notice to the contrary is filed. If employee rejects the Act employer not liable for compensation under it and has all common law defenses. No compensation for injury caused by wilful and serious misconduct or intoxication of employee. Employer of less than five employees may accept provisions of Act by written notice to employees and Compensation Commissioner and filing certificate of insurance company of insurance of his liability. Employee deemed to accept, but either party may withdraw by written notice to the other and to Commissioner. Employer having work in his trade or business done on his premises by sub-contractor liable to employees of latter. Injured employee must forthwith notify employer, who is bound to provide attendance of physician or surgeon and such medical or surgical aid or hospital service as latter may deem necessary. On failure to do so employee may provide same at employer's expense. Compensation: I. In case of death from injury within two years (a) $100 burial expenses. (3) To persons wholly dependent, one half average weekly wages, not more than $10 nor less than $5 for 312 weeks. (c) If none wholly dependent, to those partly dependent, weekly compensation as above in proportion to measure of dependence. In case of death of widow or widower compensation continued to her or his dependents; in case of re-marriage, to other dependents of deceased employee. Compensation to minors ceases at 18 unless incapacitated. To alien dependents not residents of U. S. or Canada half of above amounts. 2. In case of total incapacity to work, one half average weekly wages, not less than $5 nor more than $10 for 520 weeks. Loss of both hands and certain other mutilations presumed to cause total incapacity. 3. For partial incapacity, one half difference between average weekly wages before injury and earning capacity afterward, not exceeding $10 during partial incapacity, not longer than 312 weeks. For certain specified mutilations half average weekly wages, not more than $10 nor less than $5 for terms specified in schedule, in lieu of all other compensation. Written notice of claim for compensation must be made within one year. Written agreement between employer and injured employee as to amount of compensation made not earlier than two weeks after injury may be approved by Commissioner and filed in office of Clerk of Superior Court. If no agreement, award made by Commissioner after hearing filed as above. Award or agreement subject to subsequent modification. Employer must either furnish Commissioner proof of solvency and ability to pay compensation, or furnish security, or insure his liability. In case of failure to do so injured employee or his representatives may elect within 30 days to bring action for damages, and employer deprived of common law

defenses. Provision made for Employers' Mutual Insurance Associations of employers in same or similar business under State supervision, but employer may insure in other companies. Employer may agree with employees subject to approval of Commissioner on substitute system of compensation, offering equal benefits.

ILLINOIS.— Employer may elect to be bound by Act by filing notice with Induserial Board, and bound from year to year thereafter unless he files notice sixty days before expiration of year, and gives notice to employees. Employee bound unless he gives notice,-employer then entitled to common law and statutory defenses. In certain "extra hazardous" occupations employer electing not to come under Act is deprived of common law defenses. Act does not apply to casual employees or those not in usual business of employer. Compensation. — - I. In case of death, (a) to widow or children four times average annual earnings, but not less than $1500 or more than $3500; (b) if none, then to dependent collateral heirs proportion of above amount equal to proportion of earnings contributed to them in lifetime; (c) if no dependents $150 burial expenses. 2. For injuries not fatal, medical, surgical and hospital services not exceeding $200 for 8 weeks. 3. For total incapacity for work more than six days, one-half earnings, not less than $5 nor more than $12 while total incapacity lasts, not exceeding amount of death benefit. 4. For serious permanent disfigurement to hands or face amount not exceeding one fourth of death benefit. 5. For loss of limbs or other parts of body, in addition to payments for temporary incapacity as above 50% of average weekly wages for periods varying from 5 to 175 weeks; 6. For complete permanent disability 50% of earnings, not less than $5, nor more than $12 up to amount of death benefit, and thereafter pension for life equal to 8% of death benefit, not less than $10 per month. In case of death from injury before payments equal death benefit, difference payable to widow and children, but not less than $500. In no case compensation to exceed 50% of average weekly wage or exceed $12 per week, or in case of complete disability extend over 8 years. Industrial Board has jurisdiction over all controversies and decision may be filed and enforced by decree of Court. Employee cannot waive provisions of Act without approval of Board, and any settlement made within seven days after accident presumed to be fraudulent.

Employer must within ten days after demand of Board either (1) file statement showing financial ability to pay compensation, (2) furnish bond or security, (3) obtain insurance, or (4) make other provision to secure compensation; otherwise employee may elect between compensation under Act and damages at law.

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IOWA. - Act compulsory on State and Counties and other public corporations and acceptance presumed as against all other employers unless notice is given to employees and filed with Industrial Commission. Does not apply to domestic servants, farm laborers, or persons casually employed and not in employer's trade or business. Employer rejecting Act deprived of common law defenses except wilful negligence or intoxication of employee. If employee rejects the Act, above defenses open to employer, except that assumed risk" will not apply when employer fails to furnish safety devices required by law. Employer cannot relieve himself by contract from obligation. No compensation payable until after notice, which should be given within 15 days. If no notice given or knowledge of accident obtained by employer within 90 days no compensation

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