« ForrigeFortsett »
Date of enactment. April 30, 1910; in effect January 1, 1911.
Industries covered. All undertakings in which more than 10 persons are employed who are especially exposed to danger, and in particular in quarries, building enterprises, and others in which engines or steam boilers are used.
Persons compensated. The whole staff of working people.
ower, children under 16 years of age or permanently incapable of self-
times the daily wage shall be paid to the dependent father or mother. (6) In special circumstances a lump sum may be converted into a corresponding
pension payable to the dependents. Compensation for disability.
(a) Funeral benefit of 40 crowns ($8.12) payable to dependents. (6) Free medical treatment and medicines from date of injury; a weekly allow
ance, not to exceed 20 weeks, equal to 50 per cent of the average wages over a period of 8 weeks, but not less than 1.20 crowns (24.4 cents) per day for male adults, 1 crown (20.3 cents) per day for adult female persons, and 0.80 crown (16.2 cents) per day for young persons, or free treatment and nursing in hospital. In such case one-half the benefits are paid to the family of the injured person. A pension of 90 per cent of wages payable
during treatment may be substituted. (c) A lump sum equal to 1,000 times the daily wages of the injured person if
totally incapacitated, or a proportionately smaller one if partially inca
pacitated. (d) The lump-sum payment may be converted into a corresponding pension. Revision of payments. There is no specific provision in the law for any revision of payments.
Insurance. Insurance may be effected with any approved domestic or foreign institution.
Security of payments. Every insurance company accepting this class of risk must be approved in Liechtenstein,
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 anal 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 persons may be voluntarily insured.
Government employees. Act applies to Government telegraph and telephone services, public works conducted by public agencies, and other governmental industrial establishments, 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, toWidow 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 them, or the mother who was killed was their main support. Dependent heirs in an ascending line, 20 per cent. 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.
week, 50 per cent, and from fifth to end of thirteenth week, 60 per cent
care, 100 per cent during such disability. (c) For partial disability a portion of above (depending upon degree of disability),
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. (1) Special treatment, if earning capacity would be increased by it. (g) Special relief to injured person, or his dependents, when hospital treatment
is necessary. 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.
Settlement of disputes. 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 fellow 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. (6) 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. (c) 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 be 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 in any scheme of insurance granting equal benefits, or one granting equivalent additional voluntary insurance made by reason of contributions paid by 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, 1906.
Injuries compensated. Injuries to employees and workmen in specified enterprises arising in the course of or out of their employment. Injuries caused by force majeure, gross carelessness, serious misconduct, or intentionally by injured 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.
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 de
ducted from survivors' benefits when death intervenes, and funeral ex
penses. (b) To survivors (husband or wife, descendants under 16 years of age, also parents,
grandparents, great grand parents, etc., if dependent) whole amount of
the deceased's wages, as follows: (1) For two years if deceased leaves a husband or wife and children or grand
children. (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.
parents. 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 for disability.
(a) Medicine and medical treatment for injured person for 6 months. (b) 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 fund.