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Act does not apply to employer of less than two employees in same general employment, nor to employer of domestic servants or farm laborers. If employee , rejects the Act, above defenses open to employer. Compensation: — 1. In case of death, (a) To dependents one half of average monthly earnings, not less than $20 nor more than $60 for not more than 100 months, not exceeding $5000, and burial expenses not exceeding $125.- If no dependents, burial expenses only. 2. For complete disability, half of average monthly wages, not less than $20, nor more than $60 for 100 months, not exceeding $5000. 3. For partial disability, one half difference between wages earned before injury and earning power afterward, not more than $40 per month for 60 months. Specific payments of half of monthly wages for periods varying from 2 to 45 months for losses of specified parts of the body, subject to minimum of $20 and maximum of $60 per month. Compensation begins at end of two weeks, but if disability lasts eight weeks is reckoned from date of injury. Payments not assignable or liable for debt. On re-marriage oi widow she receives lump sum of twelve times monthly allowance, not exceeding $300 and allowance is made to children under 16, not less than $10 nor more than $35 per month. Industrial Commission has jurisdiction over operation of Act. Employer must report every accident to Commission. Claim for compensation must be made within one year. State State Insurance Fund formed by assessment of premiums upon all employers according to schedule in the Act. All claims paid from this fund.
NEW HAMPSHIRE. Act applies only to workmen engaged in manual or mechanical labor in certain dangerous employments, viz. steam or electric railroads; mills, factories etc. where machinery is operated by steam or other mechanical power and where five or more persons are employed; electric wires or apparatus; use of gunpowder or other explosive or steam boiler, provided injury is occasioned by explosion; quarries, mines and foundries. No compensation for injury not disabling workman for more than two weeks, or caused by his intoxication, violation of law, or serious or wilful misconduct. Employer who files with Commissioner of Labor acceptance of Act and satisfies him of ability to comply with its provisions, or gives security, is not deprived of common law defenses, but is liable for wilful failure to comply with statutory requirements. Injured employee may elect between action for damages or compensation under Act, but resort to one excludes the other. Compensation:- 1. In case of death; . (a) To persons wholly dependent, 150 times average weekly earnings; (b) To persons partially dependent, such portion of above death benefit as amount contributed to such dependents by deceased bears to his whole earnings. (c) If no dependents, expenses of medical atendance and burial, not exceeding $100. 2. In case of total or partial incapacity for work, weekly payment, commencing two weeks after injury, during such incapacity, not exceeding one half of average weekly earnings, measured by difference between wages before injury and earning ability afterwards, and not exceeding $10 per week for 300 weeks. No compensation until notice is given. Notice must be given as soon as practicable, before workman has voluntarily left employer's service and during disability, and claim within six months; but want of notice no bar to claim unless employer prejudiced thereby. Disputed claims referred by petition in equity to superior court.
NEW JERSEY.-- All employers and their employees presumed to accept provisions of the Act unless notice is given to the contrary. May withdraw on 60 days notice. No compensation where injury is intentionally self-inflicted or caused by intoxication of employee. Employers not accepting provisions of Act deprived of three common law defenses. Compensation:- 1. During first two weeks medical and hospital services and medicines $50. 2. In case of death, (a) Expenses of last sickness and burial, cost of burial not to exceed $100. (b) For one actual dependent 35% of wages, and 5% for each additional one up to five; for six or more 60%; to be distributed according to order of judge of Court of Common Pleas. Children paid only while under 18 unless physically or mentally incapacitated. Death benefits not less than $5 nor more than $10 per week, for 300 weeks, but full wages if less than $5. Compensation not payable to alien dependents not residents of U. S. 3. For total permanent disability 50% of wages, not less than $5 nor more than $10 or full wages if less than $ş during disability, not exceeding 400 weeks. For partial permanent disability compensation based on extent of disability subject to maximum and minimum as above; for certain bodily mutilations 50% of wages for from 5 to 200 weeks. 5. For temporary disability 50% of wages subject to maximum and minimum as above for not more than 300 weeks. Total number of weekly payments not to exceed 400 in any case. Unless employer has actual knowledge of accident or notice within 14 days, no compensation due till notice given or knowledge obtained. If notice or knowledge within 30 days, failure to give earlier notice no bar except to extent that employer is prejudiced thereby. If no notice given or knowledge obtained within 90 days no compensation allowed. Question of liability and compensation determined by petition to Court of Common Pleas. Claim barred unless within one year parties have agreed on compensation or petition filed in court. Award may be reviewed after one year if incapacity of injured employee has increased or diminished. Periodical payments may by special leave of court be commuted into lump sum and employer may at any time after award pay whole amount of future instalments to savings bank, etc., in trust for employee and be relieved of further liability. No agreement to waive rights to compensation under Act is valid.
NEW YORK. - Act applies only to 42 groups of hazardous occupations,” including practically all industries in the State, excepting agriculture, domestic service and occupations not conducted for pecuniary gain. Employees of State, counties, etc., not included. No compensation for accident due to wilful intention of employee to injure himself or another, or to intoxication. Compensation provided in Act exclusive remedy except that if employer fails to secure payments by insurance or otherwise employee may elect between compensation and damages at law, and in latter case employer deprived of three common law defenses. Compensation:- 1. Medical, nursing and hospital services, medicines, etc., for 60 days; no other compensation for two weeks. 2. In case of death, (a) Funeral expenses $100. (b) To surviving wife or dependent husband 30% of average weekly wages during widowhood or dependent widowerhood, and 10% additional for each child while under 18, not exceeding in all 6643%. On re-marriage two years' compensation. (c) If no surviving wife or dependent husband 15% for each child while under 18, not exceeding 6643%. If whole 6623% is not absorbed by above payments, balance to grandchildren, brothers and sisters, 15% each while under 18,
and parents and grandparents 15% each during dependency. Limit of wages for computing death benefit $100 per month. 3. For total permanent disability, 66%% of average weekly wages, during disability. 4. For total temporary disability 6633% during continuance of same not exceeding $3500. 5. For partial permanent disability 66%% of average weekly loss of wages, and for certain specified mutulations same percentage for periods of from 15 to 312 weeks. 6. For partial temporary disability 6643% of average weekly loss of wages during continuance of same, not exceeding $3500. Notice of injury must be given to State Workmen's Compensation Commission and to employer within 10 days, or in case of death within 30 days thereafter. Failure to give notice bars claim unless excused. Claim barred unless made within one year. Decision of Commission on question of fact final. No agreement of employee to pay part of liability premium or to waive right to compensation valid. Employer must secure compensation to employees by insuring in State fund, or in approved Stock or mutual company, filing copy of policy with Commission, or by furnishing satisfactory proof of ability to pay compensation, and must post notice of fact about place of business. Employer insuring in State fund relieved of all liability. State insurance fund formed from premiums assessed on basis of pay roll upon employers at rates fixed for different groups by Commission. Provision also for Employers' Mutual Liability Companies of 40 or more employers, having 2500 employees.
OHIO.- Act obligatory upon the State, counties, etc., and on all other employers of five or more workmen in same business or establishment, but not including persons employed casually and not in usual course of employer's business. Every employer required to contribute to State Insurance Fund annual premium, in proportion to amount of wages paid by him, at rate fixed by State Liability Board of Awards for business in which he is engaged; except that employers who agree to abide by rules of Board and are of sufficient financial ability to make compensation certain may maintain benefit funds or departments either alone or jointly with other employers and pay directly to injured employees, in which case benefits must be equal to those in Act. Employer complying with foregoing provisions not liable to action for damages provided notice be given to employees, except that for wilful injury by employer or agent employee may elect between compensation under Act, and action for damages, but in latter case defenses of contributory negligence and negligence of fellow ployee will be open to employer. Employer not complying not entitled to benefits of Act, and deprived of three common law defenses. Compensation: — 1. In case of death within two years: (a) To persons wholly dependent, 6643% of average weekly wages for six years, not less than $1500 nor more than $3750. (b) To persons partly dependent, same benefit for such portion of six years as Board may determine. 2. In case of permanent total disability 6633% of average weekly wages for life, not less than $5 nor more than $12 per week, but whole wages if less than $5. 3. For partial disability 6643% of impairment of earning capacity during continuance thereof, not exceeding $12 per week or $3750. For certain specified mutilations, 6633% of weekly wages for from 10 to 200 weeks, subject to maximum limitation as above. 4. For temporary disability 6643% of weekly wages while disability is total, not less than $5 nor more than $12 per week, but whole wage if less than $5, for not more than 6 years or $3750. In addition to above, medical, nursing and hospital services and
medicines, not exceeding $200 and in case of death, funeral expenses not exceeding $150. — No other compensation for first week. No agreement by employee to waive rights under Act or to pay part of premium valid. All questions of liability and manner of payment determined by Board, who have power to modify awards if subsequent conditions so require.
OREGON. — Act applies to all employers in certain“ hazardous" occupations unless notice is given annually to the contrary. Others may by giving notice accept its provisions. Employers not under Act deprived of three common law defenses. Employer under Act may set up these defenses against employee rejecting it. Employer is entitled to retain five tenths of one per cent per month of employee's wages, and required to pay this and five times as much more to State Industrial Accident Commission for the Industrial Accident Fund from which compensation for injuries paid. Liability to contribution is suspended after and while the total amount so contributed by an employer over and above amounts paid for injuries to his employees is in excess of a certain percentage on amount of his annual paycoll, (1/2 to 3% depending upon the kind of business). Compensation: - In case of death. (a) Expense of burial $100. (b) To widow or invalid widower monthly payment of $30 for life and $6 for each child under 16, but total amount not to exceed $50. On re-marriage widow receives $300. (c) If no wife or husband, monthly payment of $15 to each child under 16, but total not to exceed $50. (d) If only other dependents, monthly payment to each equal to half of average monthly support received by each from deceased during preceding months, not exceeding $30 per month: (e) If workman under 21 and unmarried, $25 per month to parents until he would have been 21 and thereafter payments as above to dependents. If widow or widower die leaving children under 16, share of latter increased to $15 per month until 16, not exceeding $50. 2. In case of permanent disability: (a) If unmarried, $30 per month. (b) If worker have wife or invalid husband, $35; if husband not invalid $30. (c) If worker have wife or husband and child under 16, or being widow or widower have child under 16, monthly payment of $6 additional for each child until 16, not exceeding $50 in all. (d) If worker die during total disability, $30 per month to widow or widower until death or re-marriage, and $6 per month for each child until 16; to child left orphan $15 per month until 16 — not exceeding $50 per month. 3. For total temporary disability, payments as above while total disability continues, increased one half for first six months, but monthly payment in no case to exceed 60% of monthly wage. If disability becomes partial only and temporary, for not exceeding two years proportion of total liability payment which former earning power bears to that after injury. - 4. For permanent partial disability $25 per month for periods varying from 4 to 96 months, with provisions in certain cases for commutation to lump sum. Application for compensation must be made within one year.
RHODE ISLAND. -- Employer not electing to come under Act deprived of three common law defenses. Act does not apply to employers of five or less workmen in same business unless they elect to come in, nor to employees in domestic service or agriculture. Employer to file acceptance with Commissioner of Industrial Statistics, and post notices to employees. Acceptance operates for one year, and from year to year thereafter unless notice of withdrawal is
given within 60 days of the expiration of a year. Employee is assumed to accept unless he gives notice. No compensation for injury resulting from wilful intention or intoxication. No compensation for first two weeks, but employer must furnish reasonable medical and hospital services and medicines. Compensation: In case of death, (a) To dependents one half of average weekly wages, not less than $4 nor more than $10 for 300 weeks. If dependent be widow, on her death compensation payable to children under 18, or over 18 if incapacitated. (b) To persons partially dependent, proportion of benefits as above equal to proportion of annual earnings of deceased paid to such dependents. (c) If no dependents, expenses of last sickness and burial not exceeding $200. 2. In case of total disability, one half of average weekly wages, not less than $4 nor more than $10 per week for 500 weeks. 3. For partial disability, difference between average weekly earnings before and after injury, not more than $10 per week for 300 weeks. In addition to other compensation specific payments for limited times for certain specified mutilations. Notice of injury must be given within 30 days and claim made within one year after injury, or after death. Want of notice no bar if employer had notice of accident. No agreement of employee to waive rights under Act valid, and claims not assignable or liable for debt. Payments after six months may be commuted to lump sum on application to court. Agreement of parties as to compensation may be filed in Court and enforced by process. If no agreement, proceedings by petition to Superior Court. Alternative schemes for compensation by agreement between employer and employees permitted, subject to approval of Court, provided benefits be equal to those under Act.
TEXAS. — Employers not subscribers to Texas Employers' Insurance Association, or otherwise insuring liability, deprived of three common law defenses, unless injury is caused by wilful intention of employee. Act does not apply to employers of less than four employees, nor to domestic servants, farm laborers, railway employees, or workers on cotton gins. Exemplary damages in addition to compensation may be recovered in action at law against employer when death is caused by his wilful act or gross negligence. No compensation for first week but employer must furnish reasonable medical and hospital services and medicines. Compensation:- 1. In case of death, weekly payment equal to 60% of average weekly wages, not less than $5 nor more than $15 per week for 360 weeks, to be paid to legal representatives and distributed according to the law of distribution applicable to other property of deceased. If no beneficiaries, creditors paid to the amount otherwise payable to beneficiaries. If no beneficiaries or creditors, expenses of last sickness and funeral benefit of $100. 2. In case of total incapacity, 60% of average weekly wages, not less than $5 nor more than $15 for 400 weeks. 3. While incapacity is partial, 60% of difference between average wages before injury and earning power afterwards, not exceeding $15 per week for 300 weeks. For certain specified mutilations special payments made for limited times. No agreement of employee to waive rights under Act valid. Periodical payments may be commuted to payment of lump sum with approval of Industrial Accident Board, which has jurisdiction over all matters relating to operation of act. Texas Employers' Insurance Association authorized with not less than 50 subscribers, employers of not less than 2000 employees, under supervision of State. On giving notice of membership to employees employers not liable to suits for damages; compensation paid by Association. Insurance also permitted by other Companies, subject to provisions of Act, and policy-holders has same rights as subscriber to Association.