Lapas attēli
PDF
ePub

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 It may be withdrawn by written notice filed sixty days before expiration of any year.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 tu 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: 1. 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. 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

2.

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.

66

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. - 1. 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.

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 30 days no compensation

allowed. Compensation:- 1. For two weeks, medical and hospital services and supplies to $100. 2. In case of death: (a) expenses of last sickness and burial $100. (b) To persons wholly dependent, one-half everage weekly wages, not less than $5 nor more than $10 per week for 300 weeks. (c) If none wholly dependent, then to partial dependents the proportion of above payment that amount contributed by deceased to such dependents bears to whole earnings. 3. In case of temporary disability — After two weeks one-half of average weekly wages not less than $5 nor more than $10, or the whole if wages less than $5, during disability, not exceeding 300 weeks. 4. In case of permanent total disability — same as above, but for 400 weeks. 5. In case of permanent partial disability one-half of daily wages for periods varying from 7 to 200 weeks as per schedule. If death ensues from other causes compensation ceases. Periouical payments may be commuted to lump sum by district court. “ Personal injury under the Act does not include disease, unless resulting from injury, nor injury caused by wilful act of third person directed against employee for reasons personal to latter or because of his employment. Payment of premiums for liability insurance by employee forbidden, but arrangements between employer and employee for additional benefits may be approved by Commission. Industrial Commission has jurisdiction over working of Act. — Decisions may be filed in District Court and enforced by judgment. Employer required to insure his liability in organization approved by Commission and provision made for Mutual Insurance Associations of groups of employers.

KANSAS. — Act applies only to 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 processes requiring use of dangerous explosives or inflammable materials, but not including agriculture, nor employers of less than five workmen continuously employed for a month, except in mines, unless they elect to come under Act. Employers and their employees in such business presumed to accept Act unless they file notice with Secretary of State. Employer not accepting, not entitled to the three common law defenses. If he accepts and employee does not, these defenses are open to him unless accident was caused by his or his agents, wilful or gross negligence. In this last event employee may elect between compensation under Act and damages at law. Employer not liable for injuries not disabling employee from earning full wages for two weeks, nor for injuries resulting from deliberate intention, or wilful failure to use safeguards furnished, or from intoxication. Compensation:- 1. In

of death. (a) to persons wholly dependent, three times earnings for preceding year, riot less than $1200 nor more than $3600; and not exceeding $750 if no dependents residing in U. S. or Canada. (b) If only partial dependents a proportional part of above. (c) If no dependents, expense of medical attendance and burial not exceeding $100. 2. In case of total incapacity to work, payments during incapacity, from end of second week, of one-half average weekly earnings, not less than $6 nor more than $15. 3. In case of partial incapacity, payments during incapacity varying in cases specified from one quarter to one-half of average weekly earnings, not less than $3 nor more than $12. For workman under 21 earning less than $10 not less than 75% of average earnings. Payments for incapacity, partial or total not beyond 8 years. Payments not assignable or attachable. Notice of accident within ten days, and claim for compensation within three months, or in case of death six months. Want of notice no bar unless employer is preju

case

diced thereby. Agreements or awards of arbitration filed in Court and enforced by judgment. If no agreement on arbitration claim may be enforced by action in Court.

KENTUCKY. Act applies to employers of six or more persons in any of twenty-two specified classes of industries, including mining, quarrying, logging, railroads and telegraphs, tunnel and sewer work, building, and substantially all kinds of manufacturing and similar occupations, but not to domestic or agricultural service, to persons casually employed, or to those employed wholly out of the State. Employers and employees in other industries may, on special application, also take advantage of Act. Industries specified may be reclassified and others added by Workmen's Compensation Board. Employer accepting Act not liable for injury caused by his own negligence or that of his agents or servants. Employee conclusively presumed to accept compensation under Act and waive rights of action at law if he continues to work after notice that employer has accepted the Act but prior to receiving injury he may, by written notice to employer and copy sent to Board, waive benefits of Act and withdraw any previous acceptance. In such case all common-law defenses are open to employer. Employer not electing to come under Act, or in default in payment of premiums, liable for injuries caused by his neglect or default, or that of his agents or servants, and deprived of defenses of fellow servant, assumption of risk and contributory negligence. Compensation Fund formed by premiums fixed by Board for each class of industries. Amount of premiums based on gross amount of employer's annual pay-roll and paid in monthly instalments. Compensation:- 1. Expense of medical attendance, nursing, hospital service and medicines not exceeding $100. 2. In case of death, funeral expenses not exceeding $75. 3. For temporary total disability, 50% of average weekly wages, not exceeding $12 per week, nor less than $5, or full wage if less than $5, but in no case for more than six years or to exceed in all $3750. 4. For partial disability, 50% of impairment of earning capacity during continuance thereof, not exceeding $12 per week, or aggregate sum of $3750. 5. For certain specified mutilations, 50% of weekly wages, for various times as per schedule. 6. For permanent total disability, 50% of weekly wages until death, not exceeding $12 per week, nor less than $5 or full wage if less than $5. 7. In case of death from injury within two years (a), if no dependents medical and funeral expenses as above. (b) To persons wholly dependent, 50% of average weekly wages for remainder of period until six years from date of injury, not exceeding in all $3750, nor less than $1500. (c) To persons partly dependent 50% of average weekly wages for such portion of six years as Board may determine, not exceeding in all $3750. No payment on account of self-inflicted injury or injury caused by wilful misconduct or intoxication. Only expense of medical attendance, etc., allowed for first week. Applications for compensation must be made within one year.

LOUISIANA. — Act obligatory on the State, cities, townships, etc., and incorporated public boards and commissions. Applies also to employers in certain "hazardous” occupations, and to any other occupations agreed by parties or determined by Court to be hazardous. Employers and employees in other occupations may by agreement in writing come under Act. Employer and employee bound by Act only if they so elect, but election presumed unless notice to the contrary be given 30 days before injury. Election may be terminated by either party by like written notice. In action by employee electing Act against employer not electing deprived of defenses of assumption

« iepriekšējāTurpināt »