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Date of enactment. April 5,1902; in effect April 15,1903. Amendatory acts, December 23, 1904, and April 21, 1908. Sick insurance law enacted July 31, 1901.
Injuries compensated. All injuries by accident during or because of the employment resulting in death, or disability for more than three days, unless caused intentionally by the victim or during the commission of an illegal act.
Industries covered. Mines, quarries, manufactories, metallurgical establishments; gas and electric works; transportation and handling; building and engineering construction; and certain artisans' shops having at least five employees regularly ami using mechanical motive power. By administrative order other establishments may become subject to the law if regarded dangerous.
Persons compensated. All workmen; those supervising and technical officials whose annual earnings are less than 3,750 francs ($723.75). Certain other classes of persona may be voluntarily insured.
Government employees. Act applies to Government telegraph and telephone services,
Eublic works conducted by public agencies, and other governmental industrial estabshments, unless other provisions are made for pensioning employees. Penal institutions are not included.
Burden of payment. Benefits and cost of treatment first thirteen weeks provided by sick-benefit funds, to which employers contribute one-third and employees twothirds, if injured person is insured against sickness; if not, because employed less than one week, by an accident insurance association, supported by contributions of employers; if not insured for other reasons, by the employer direct; all benefits and treatment after thirteen weeks paid by accident insurance association. Compensation for death. (a) Funeral expenses, one-fifteenth of the annual earnings, but not less than 40
francs ($7.72) nor more than 80 francs ($15.44). (6) Pensions, not to exceed 60 per cent of earnings of deceased, to—
Widow 20 per cent until death or remarriage; in the latter case a lump sum
equal to 60 per cent; same payment to a dependent widower. Each child 20 per cent until 15 years of age, even if father survives, provided he abandoned t hem, or the mother who was killed was their main support. Dependent heirs in an ascending line, 20 per rent. Dependent orphan grandchildren, 20 per cent until 15 years of age. Widow and children have the preference over other heirs, (c) If annual earnings exceed 1,500 francs ($289.50) only one-third of excess is considered in computing pensions. Compensation for disability, (a) Entire cost of medical and surgical treatment.
(6) For temporary or permanent total disability, from third day to end of fourth week, 50 per cent, and from fifth to end of thirteenth week, 60 per cent of wages of persons similarly employed; after thirteen weeks, 66$ per cent of annual earnings of injured person. If requiring personal attention or care, 100 per cent during such disability.
(c) For partial disability a portion of above (depending upon degree of disabilityl,
which may be increased to full amount, as long as injured employee is without employment.
(d) Lump-sum payments may be substituted for pensions when degree of disa
bility is not greater than 20 per cent.
(e) If annual earnings exceed 1,500 francs ($289.50), only one-third of excess
is considered in computing pensions. if) Special treatment, if earning capacity would be increased by it. (g) Special relief to injured person, or his dependents, when hospital treatment
Revision of compensation. Demands for change of amount of compensation may be made within three years.
Insurance. Payments are met by mutual accident insurance association of employers, in which all employees must be insured at expense of employers.
Security of payments. Insurance association conducted under State supervision.
SeUlement of dispu tes. Appeals from the decisions of the association may be carried within forty days to a justice of the peace, who is required to invite two delegates, representing employer and employee, to assist in an advisory capacity. Further appeals may be taken to the higher courts.
Date of enactment. March 16, 1910; in effect January 1, 1911.
Injuries compensated. Those arising out of and in the course of employment, or while attempting to rescue a follow workman in danger while on employer's premises, causing death or disability for more than two weeks. Excepted are injuries due to drunkenness of the employee and those caused by gross negligence or intention resulting in incapacity. In case of permanent disability or death a claim for compensation shall not be disallowed because of such serious or willful misconduct alone.
Industries covered. All trades or business employing five or more persons in the one establishment at the time of the accident, or usually so doing. Agriculture and domestic service not included.
Persons compensated. Any person employed in any employment to which this act applies, excluding those employed at other than manual labor who have annual earnings exceeding $1,200 or who are casual laborers. Apprentices, whether at manual labor or in a clerical position, are included.
Government employees. State and municipal employees are included in the insurance.
Burden of payment. The employer bears the entire cost of compensation, but if there are contractors, then on such contractors and principal jointly and severally.
Compensation for death.
(a) To persons entirely dependent upon the deceased workman, a sum not exceed
ing $1,500, less any weekly payments made in accordance with this act and any lump sum paid in redemption thereof.
(b) To persons partly dependent, in default of persons entirely dependent, such
sum as may be agreed upon or decided by arbitration to be reasonable and proportionate to the injury suffered, but not more than $1,500. (<•) In case no dependents entitled to compensation reside in the Province, the reasonable expenses of medical attendance and burial, not exceeding $100. Compensation for disability. For total or partial incapacity of a journeyman working at his trade a weekly payment after the first two weeks not exceeding 50 per cent of the average wages lost, average wages to be average of preceding 12 months or shorter period; one not a journeyman working at his trade shall only De entitled to 25 per cent of such loss if the accident occurs during the first month of his employment, 40 per cent if during the second, and 50 per cent thereafter.
No compensation for disability to exceed $10 per week for adults, $6 per week to an apprentice, and total compensation not to exceed $1,500 in any one case.
A lump sum may be substituted for the weekly payments after six months, on the application of the employer, the amount to be determined by the court, but no such sum shall exceed $1,500, including amount already paid as weekly payments.
Revision of compensation. Weekly payments may be revised at the request of either
party- , ....
Insurance. The employer may contract for insurance m any scheme of insurance granting equal benefits, or one granting equivalent additional voluntary insurance made by reason of contributions paid Dy employees, providing a majority of the employees assent and the attorney general certifies the competency of the scheme.
Security of payments. In case of employer's bankruptcy the amount of compensation due under the act, up to $500 in any individual case, is a first claim, or, when an employer has entered into a contract with any insurers in respect of any liability under the act to any workman, such rights of the employer shall be transferred to and vested in the workman.
Settlement of disputes. Disputes, if not settled by agreement or by the arbitration committee, shall be settled by a single arbitrator agreed on by the parties. If no arbitrator is agreed upon or no agreement reached, the dispute is settled by the court. MEXICO: NUEVO LEON.
Date of enactment. November 9, 1900.
Injuries compensated. Injuries to employees and workmen in specified enterprises ariising in the course of or out of their employment. Injuries caused by force majeure, gross carelessness, serious misconduct, or intentionally by iniured person are not compensated.
Industries covered. Factories, workshops, and industrial enterprises employing mechanical power; mines and quarries; construction, repairing, and maintenance of bridges,_ canals, waterworks, embankments, rail, tram, and underground railways, etc.; building trades, smelting and engineering works; loading and unloading; industries in which injurious, poisonous, explosive, or inflammable substances are manufactured; agricultural works where mechanical power is used: cleaning of wells and sanitary appliances and sewers; gas, electrical, telephone and telegraph enterprises; and all other similar enterprises.
Persons compensated. All employees and workmen.
Government employees. Government employees are not mentioned in the law. Burden of payment. Cost of compensation rests entirely upon the employer, unless a third person is proved liable, in which case the employer may recover from the third party.
Compensation for death.
(a) Costs of medical treatment and medicine, not exceeding 6 months, to be deducted from survivors' benefits when death intervenes, and funeral expenses.
(6) To survivors (husband or wife, descendants under 16 years of age, also parents, grandparents, great grandparents, etc., if dependent) whole amount of
(1) For two years if deceased leaves a husband or wife and children or grand
(2) For 18 months if deceased leaves children or grandchildren.
(3) For one year if deceased leaves husband or wife only, but in case of the hus
band when incapacitated only.
(4) For 10 months if the deceased leaves parents, grandparents, or great grand
If the widow or widower remarry, the compensation ceases, but in that case the children or grandchildren shall receive compensation till the expiration of the prescribed period (18 months). If the widow survives she shall be paid compensation for one year in respect of any children or grandchildren who complete their sixteenth year within that period. Compensation fir disability. (a) Medicine and medical treatment for injured person for 6 months. (6) For temporary total incapacity, compensation amounting to full wages from date of accident and during such incapacity.
(c) For temporary partial incapacity compensation according to circumstances,
at 20 to 40 per cent of such wages during incapacity.
(d) For permanent total incapacity full wages during a, period of 2 years. Revision of compensation. No revision of compensation is provided for. Insurance. No provision is made by the law for the transfer of the burden of payment
of compensation by insurance.
Security of payments. There is no guaranty provided by the law.
Settlement of disputes. Every judge of the first instance is authorized to take cognizance of claims for compensation, and appeals from the judgment may be taken to the final court of appeals.
An act relating to concessions to national trade and for the promotion of industry under date of February 18 (March 3), 1911, provides that any industry desirous of receiving the benefit of the enumerated concessions shall be required to establish a workers' fund to which the workers shall contribute 65 per cent of the funds necessary, and the employers 35 per cent. The proper minister has supervisory control over this fond.
hate of enactment. January 2, 1901, in effect June 1, 1901. Other acta February 3 arid December 8, 1902; amended January 13, 1908, February 13, June 12 and 30, July 1,1909, July 15,1910, and February 11,1911.
Injuries compensated. All injuries caused by accident in the course of the employment and causing death or disability for over two days, unless brought on intentionally. If due to intoxication, compensation is reduced one-half, and if death results no compensation is paid.
Industries covered. Practically all manufacturing, mining, quarrying, building, engineering construction, and transportation; fishing in internal waters; establishments using mechanical motive power, or explosive or inflammable materials, and mercantile establishments handling such materials.
I'ersons compensated. All workmen, including apprentices.
Government employees. All State, provincial, and communal employees are included when engaged in any of the industries enumerated.
Burden of payment. The entire expense rests upon the employer. Com pensatxon for death.
(n) Funeral benefit of thirty times average daily earnings of deceased. (6) Pensions to heirs of not over 60 per cent of earnings of deceased, distributed to—
Widow, 30 per cent of earnings, until death or remarriage, in latter case two years' payments as a settlement; or to dependent widower, a pension equal to cost of support, but not over 30 per cent of earnings of deceased.
Each child under 16 years of age, 15 per cent if one parent survives, and 20 per cent if both are dead.
Dependent parents, and in their absence to grandparents, not over 30 per cent.
Orphan grandchildren, not over 20 per cent.
Dependent parents-in-law, not over 30 per cent.
Widow and children to be preferred over all other heirs, and their respective shares to be reduced proportionately when aggregating over 60 per cent, (c) In computing pensions, wages higher than 4 florins ($1.61) per day are to be considered as of that amount. Compensation for disability.
(a) Free medical and surgical treatment, or its cost.
(b) From day after injury until forty-third day, an allowance of 70 per cent of
daily earnings, excluding Sundays and holidays.
(c) From forty-third day a pension of above amount during total disability and a
smaller pension in proportion to loss of earning power if partially disabled, (rf) In computing pensions, wages higher than 4 florins ($1.61) per day are to be considered as of that amount.
Revision of compensation. An examination of condition of victim may be made whenever the Royal Insurance Bank so desires.
Insurance. Employers may insure their employees in the Royal Insurance Bank (a State institution), in a private company or association operating under State supervision, or they may carry the burden themselves. If not insured in the Royal Insurance Bank, a sufficient guarantee must be deposited with the latter. Employers must bear a proportionate share of the expense of administration of the Royal Insurance Bank, whether they insure in it or not.
Security of payments. Compensation payments are guaranteed by the State.
Settlement of disputes. Appeals may be taken from decisions of the Royal Insurance Bank to local arbitration councils, in which employers and employees are equally represented, and from them to a central arbitration council whose decisions are final.