Lapas attēli
PDF
ePub

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.

[ocr errors]

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 is 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 payroll, (1% to 3% depending upon the kind of business). Compensation: — I. 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 12 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:- 1. 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: — I. 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.

[ocr errors]

UNITED STATES.- Act of 1908 provides that when any person employed by the United States as an artisan or laborer in any of its manufacturing establishments, arsenals or navy yards, or in the construction of river and harbor or fortification work, or in hazardous employment in construction work in the reclamation of arid lands, or in the management or control of the same, or in hazardous employment under the Isthmian Canal Commission, is injured in the course of such employment, such employee shall be entitled to receive for one year thereafter, unless sooner able to resume work, the same pay as if he continued to be employed; provided the injury is not due to the negligence or misconduct of the injured employee, and that it continues for more than fifteen days. In case of his death within one year after injury, leaving a widow, child or children under 16, or dependent parent, such widow, etc., shall receive in such portions and under such regulations as Secretary of Commerce and Labor may prescribe, for the remainder of the year, same amount that he would have been entitled to receive if living. In case of death person claiming compensation must within 90 days file with the Secretary affidavit setting forth relationship and ground of claim, with certificate of attending physician. In case of incapacity for work for more than 15 days injured party must within reasonable time file with his official superior affidavit setting forth ground of claim for compensation, with physician's certificate as to nature and cause of injury and probable duration of incapacity. Payments not subject to assignment on claims of creditors Provisions of Act afterwards extended artisans, laborers and other employees engaged in any hazardous work under Bureau of Mines or Forestry Service of U. S., to persons employed by U. S. in any hazardous employment in Lighthouse Service, and to all employees under Isthmian Canal Commission. In last case claims are settled by Chairman of Commission, and if for death must be made within one year.

to

VERMONT.- Act is elective, but election presumed unless prior to accident written notice is given to the contrary. Election may be terminated by 60 days' notice in writing. As against employee electing to come under Act, employer not electing deprived of defenses of assumption of risk, negligence of fellow employee and of employer himself. In suit by employee not electing Act against employer electing, all defenses are open to employer. Act applies to all State and municipal bodies, and employees other than officials, and all industrial employments, other than domestic service, in which over ten persons are regularly employed, but others may come under Act by giving written notice to the Board. Persons employed casually or not in employer's trade or business excluded. "Personal injury by accident" etc., includes injury caused by wilful act of third person against employee because of employment, but does not include disease unless resulting from injury. No compensation for injury caused by employee's wilful intention to injure himself or another, or by his intoxication, or failure to use safety apparatus. Compensation: In case of death within two years: burial expenses not exceeding $75; to dependent widow or widower and no children, 33% weekly wages, until remarriage or death of widow, or during disability or on remarriage of widower, not exceeding 260 weeks; to widow or widower and one or two dependent children, 40% or if three or more children, 45%; to dependent child or children, 25% and 10% for each additional child, not exceeding 40% in all, until 18, but not exceeding 260 weeks; if none of foregoing but parents, if wholly dependent 25%, if partially

dependent 15%; if no dependent parent, but grandparent, same percentage; if none, but dependent grandchild, brother or sister, 15% for one and 5% for each additional one, with maximum of 25%; in all latter cases during dependency, not exceeding 208 weeks; weekly wages taken as not over $25, nor less than $5, and total compensation for death not to exceed $3500. Disability first two weeks surgical, medical and hospital services and supplies not exceeding $75. Total disability-after two weeks 50% average weekly wages, not more than $12.50 nor less than $3 during disability, not exceeding 260 weeks, or in case of temporary disability 26 weeks, but time may be extended by Board 52 weeks. Payment for permanent total disability not to exceed $4000. Partial disability, 50% of difference between weekly wages before injury and probable amount afterwards, not exceeding $10, during disability, not exceeding 5 years. For certain mutilations 50% average weekly wages, not exceeding $10 for times specified in schedule. Notice of injury must be given to employer as soon as practicable, and claim made within six months, or within six months after death. Act is administered by Industrial Accident Board. Employer must secure payment of compensation by insurance in approved Insurance or Guarantee Company or by depositing bond with Board, or by satisfying Board of his financial responsibility.

WASHINGTON.-Act compulsory on all persons engaged in certain "extra hazardous" work, and others may elect to come in. Remedies provided are exclusive of all others. Every employer required to pay annually to State treasury a specified percentage of his pay roll. Employments are classified and premiums paid in each class from a separate fund, liable for accidents in that class, but in no other. No part of premium can be deducted from employee's wages, nor can he waive benefit of Act. Individual employers and members and officers of corporations carried on pay roll at salary not less than average entitled to compensation the same as employees. Employer defaulting payments loses benefit of Act and liable to suit. Compensation: - I. In case of death, (a) Expenses of burial, not exceeding $75. (b) To widow or invalid widower, monthly payment of $20 for life or until re-marriage, and $5 for each child under 16 not exceeding in all $35 per month. On re-marriage widow receives $240. (c) If no wife or husband, children under 16, each $10 per month, not exceeding in all $35. (d) If none of foregoing, to each other dependent one half of average monthly support received from deceased during previous year, not exceeding $20 per month for all. (e) Parents of unmarried workman under 21, $20 per month until time when he would have reached that age. (f) On death of surviving spouse, to children under 16 double amount previously paid on their account, not exceeding $35 per month. 2. In case of permanent disability (a) If unmarried $20 per month. (b) If having wife or invalid husband $25. (c) If husband not invalid $15 (d) If having wife or husband and children under 16, or being widow or widow having such children $5 additional for each child; but not more than $35 in all. 3. In case of death during permanent total disability. (a) To widow or invalid widower $20 per month until death or re-marriage, and $5 additional for each child under 16. (b) To orphan child $10 per month, not exceeding in all, $35. 4. In case of

temporary disability, payments as above as long as total disability continues, increased fifty per cent for first six months, but in no case more than 60% of monthly wage. While disability only partial, payments continue in proportion which new earning power bears to the old; but no payment where loss of earning power is less than 5%. In case of permanent partial disability a lump sum not exceeding $1500. Awards may be subsequently modified. Industrial Insurance Department has charge of claims. Notice of accident must be reported at once by employer and claim filed within one year.

WEST VIRGINIA. - Act provides for insurance fund in hands of State treasurer. Employers divided into classes according to nature and risk of employment, and premiums assessed accordingly. Premiums paid by employer but ten per cent contributed by employees and deducted from wages. Employer electing to pay premiums not liable for damages at law but must notify employees by posting notices in place of business. Employers not so electing or defaulting in payments liable to suit and cannot avail themselves of the three common law defenses. No compensation in case of self-inflicted injury, wilful misconduct or intoxication of employee. Act does not apply to domestic or agricultural service or to persons employed wholly out of the State. Compensation:- 1. Medical, nursing and hospital services and medicines not exceeding $150, and in case of death funeral expenses not exceeding $75. 2. In case of death within 90 days. (a) To father or mother of employee under 21, and unmarried, half of average weekly wages not exceeding $6, until he would have been 21. (b) To widow or invalid widower $20 per month until death or re-marriage, and $5 for each child under age of lawful employment, not exceeding $35 per month. (c) If none of above, to others wholly dependent half of average monthly support received from deceased during preceding year until 6 years from date of injury, not exceeding $20 per month. (d) If none of above, to persons partly dependent same provisions as for those wholly dependent. 3. In case of permanent total disability half of average weekly wage for life, not less than $3 nor more than $6 per week. 4. In case of temporary or partial disability, during continuance thereof, half of impairment of earning capacity, not less than $4 nor more than $8 for not exceeding 26 weeks, but in case of loss of an arm or leg or eye for 156 weeks. No compensation for first week. Act administered, subject to appeal to Court, by Public Service Commission, who may determine questions of liability and manner of payment. Claim must be made within six months. Benefits not assignable or liable for debt.

WISCONSIN. - Employers not electing to pay under the Act deprived of defenses of assumption of risk, and, where there are more than four employees in common employment, negligence of fellow employee and negligence of injured employee unless wilful. Election by notice to Industrial Commission, good for one year, and from year to year thereafter unless withdrawn within 60 days before expiration of year. Acceptance of employer of four or more presumed unless notice given. State, counties, etc. liable as employer to employees, including police and firemen. Employees presumed to accept unless they give notice. Act does not apply to railroad men_operating trains unless employer and employees agree in writing. Compensation: 1. Medical and hospital treatment and supplies for 90 days. 2. In case of death proximately resulting from injury, to persons

[ocr errors]
« iepriekšējāTurpināt »