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. Periodical 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: — I. In case of death. (a) to persons wholly dependent, three times earnings for preceding year, not 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 med ical 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 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:- I. 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 66 of risks incident to employment, negligence of fellow employee and contributory negligence; and injury presumed, prima facie, to be result of employer's negligence. In action by employee not electing Act against employer electing, all defenses open. Act applies only to personal injuries by accident caused by violence to physical structure of body, and only such diseases or infections as naturally result therefrom." No compensation for injury caused by employee's wilful intention to injure himself or another by his intoxication; by deliberate failure to use guard or protection against accident provided for him; or by deliberate breach of statutory regulations affecting safety. Notice of injury must be given within 15 days if notice to that effect is posted in factory, etc., otherwise in six months; Claim within six months, and proceedings taken within one year. Agreement for settlement must be in writing, approved by Court and entered as its judgment. If no agreement, proceedings in Court. Compensation: During first two weeks medical, surgical and hospital service and medicines, not exceeding $100, but nothing more. Temporary total disability, 50% of average weekly wages, not more than $10, nor less than $3, or full wages if less than $3, for not exceeding 300 weeks. Temporary partial disability 50% of difference between average weekly wages before and after injury, not more than $10 per week until full earning capacity restored, not exceeding 300 weeks. Permanent partial disability, same as for temporary; for specified mutilations 50% average weekly wages for various times as per schedule, subject to maximum and minimum above. Permanent total disability 50% average weekly wages not more than $10, nor less than $3 for not exceeding 400 weeks. Death from injury within one year; expenses of sickness and funeral, not exceeding $100. To persons wholly dependent, not exceeding half average weekly wages, not more than $10, nor less than $3 for 300 weeks. To widow alone, 25% weekly wages; widow and one child under 15, 40%; widow and two or more children 50%; one child alone 25%; two children 40%; three or more children 50%; father or mother, 25%; both, 50%; one brother or sister 25% and 10% additional for each additional one; other dependents 20% for one, and 10% for each additional one. Partial dependents same proportion that amount contributed by deceased bore to his whole income. MAINE. — Act applies to State, counties, etc., towns which vote to accept its provisions, and employers of more than five workmen in same business who elect to become subject to its provisions. Employees in domestic service, agriculture, or logging, and those employed casually, or not in employer's regular business, not included. Employers not assenting deprived of three common-law defenses. Employer must file with Industrial Accident Commission written assent, together with copy of industrial accident insurance policy in a Casualty Insurance Company authorized to do business in the State, and stamped with approval of Insurance Commissioner; or satisfy Commission of its solvency and financial ability, and deposit cash, securities or bond. Or, employer may, with approval of Commission, continue any system of compensation used by him Jan. 1, 1915, provided its benefits equal those under the Act and no contributions are required from employees unless for additional benefits. Notice of employer's acceptance must be posted in factory, etc. Employee deemed to assent unless at time of hiring he gives notice in writing, and files copy with Commission within ten days, or within ten days after notice of employer's acceptance, the same to continue in force for one year, and from year to year, unless within 60 days of expiration of any year written claim of common-law rights of action is filed with Commission, and notice given to employer within ten days thereafter. Compensation: None for injury occasioned by wilful intention of employee to injure himself or another, or by intoxication unless employer knows of habit of intoxication. For first two weeks, medical and hospital service and medicines, not exceeding $30, unless in case of major surgical operation. For death-To persons wholly dependent, one-half average weekly wages, not more than $10, nor less than $4, for 300 weeks; and proportionate amounts if only partial dependents. If no dependents, expenses of last sickness and burial not exceeding $200. For total incapacity, one half average weekly wages, not more than $10, nor less than $4, for not exceeding 500 weeks, nor $3000. For partial incapacity, one-half of difference between wages before and after injury, not more than $10, nor for more than 300 weeks. For certain mutilations amounts as for total disability for periods specified in schedule, and afterwards during continuance of partial incapacity - not more than 300 weeks in all. Written notice stating nature, time, place, and cause of injury and name and address of person injured must be given to employer within 30 days, and claim made within one year after injury, or after death or removal of physical or mental disability. Agreement of parties as to compensation filed with and approved by Commission, or decision of Chairman of Commission, filed with Clerk of Courts of the county has effect of judgment. Within two years order for compensation may be modified on proof of change in employee's condition. Unless agreement or petition is filed within two years claim is barred. MARYLAND. - Act obligatory on employers in certain "extrahazardous employments, of which 42 classes are specified, including railroad, telephone, telegraph, electric power and light, sewer and sub-way work, lumbering, quarrying, ship-building, and substantially all kinds of mill and factory work; but employers and employees in employments not "extra-hazardous may jointly file acceptance and come under Act. Act does not apply to farm laborers, domestic servants, country blacksmiths, wheel-wrights, or similar rural employments, nor to casual employees, those employed wholly out of the State, or whose salaries exceed $2000. Covers only accidental injuries, and such diseases and infections as unavoidably result therefrom, but not those occasioned by wilful intention of employee to injure himself or another or by his intoxication. If employer fails to secure compensation for employee, latter may claim compensation under Act or maintain action for damages, but in latter case employer deprived of three common-law defenses. In case of injury by deliberate intention of employer, employee has same election. Payments made from State Accident Fund formed from premiums paid by employers, and administered by State Industrial Commission. Industries classified, and premiums fixed by Commission according to risk in each class. Employer may secure compensation by insuring in State Accident Fund, or in some authorized Insurance Company, or by furnishing to satisfaction of Commission proof of financial ability to pay compensation directly to employees; in latter case Commission may require deposit of securities. Employer must notify Commission which form he elects, and obtain approval. Compensation: In all cases, medical attendance, medicines, etc., not exceeding $150. For permanent total disability, 50% average weekly wages during continuance of total disability, exclusive of first week, not more than $12, nor less than $5, or full wages if less than $5, not exceeding $5000. For temporary total disability, 50% average weekly wages during continuance, subject to above maximum and minimum, for not more than 6 years, or more than $3750. For permanent partial disability, 50% average weekly wages not exceeding $12 nor more than $3000 in all, in case of certain mutilations for periods specified in schedule: in other case 50% of difference between wages before and after accident, not exceeding $12, during partial disability, not exceeding in all $3000. For temporary partial disability 50% of difference between wages before injury and afterwards, during partial disability, not exceeding $3000. For death within two years: funeral expenses not exceeding $75, but if no dependents only if employee does not leave enough to pay same; to persons wholly dependent, 50% average weekly wages for 8 years, not more than $4250, nor less than $1000; to those partly dependent 50% wages for such part of 8 years as Commission may determine, not exceeding $3000. No compensation but medical attendance, etc., for first two weeks. Notice must be given to employer within 10 days, or in case of death within 30 days. Application for compensation with certificate of attending physician, if any, must be filed with Commission within 30 days. In case of death claimant must also file proof of relationship. It In case MASSACHUSETTS.- Act provides for Employers' Insurance Association consisting of not less than 100 members employing not less than 10,000 employees, and subject to State supervision. applies only to employers who become subscribers to such Association, or who insure their liability in some insurance or casualty company. Other employers deprived of the three common law defenses Act does not apply to domestic servants or farm_laborers, or whose employment is not in usual business of employer. Employee held to waive right of action at common law unless he gives notice, and cannot recover for injuries occasioned by his serious and wilful misconduct. If injured by serious and wilful misconduct of employer or superintendent may recover double compensation. Compensation, to be paid by Insurance Association or other insurer: — 1. In case of death, (a) to persons wholly dependent, 66% of average weekly wages, not less than $4 nor more than $10 for 500 weeks, but not more than $4000. (b) If only partial dependents, the proportion of above payment that amount contributed by deceased to such dependent bears to his whole earnings. (c) If no dependents, expenses of last sickness and burial not exceeding $200. 2. of total incapacity for work, weekly compensation equal to 66%% of average weekly wages, not less than $4 nor more than $10 for not more than 500 weeks, or more than $4000. 3. During partial incapacity weekly compensation equal to 66%% of difference between average weekly wages before and after injury, but not more than $10 per week or for more than 500 weeks, or more than $4000, and in addition thereto in case of loss of limbs and certain other specified mutilations certain weekly payments for limited times. During first two weeks after injury or time of incapacity, and in unusual cases for a longer period, necessary medical and hospital services and medicines, but no other compensation. Notice of injury as soon as practicable, unless employer or Association has knowledge thereof. Claim within six months or in case of death or incapacity within six months after death or removal of incapacity. No agreement by employee to waive right to compensation valid, and payments not assignable or subject to attachment. Industrial Accident Board has jurisdiction over settlement of claims. Arbitration provided for, subject to revision by full Board. Amounts of weekly payments subject to subsequent modification, and after 6 months payment, may in special cases be commuted to lump sum. Decisions of Board may be filed in Superior Court and decree entered thereon. |