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Date of enactment. February 18, 1908; in effect July 1, 1908.
Injuries compensated. All injuries caused by accident arising out of and in the course of employment causing death, or disability for at least one week, except when due to serious and willful misconduct of the workman injured.
Industries covered. Railways, factories, mines, quarries, engineering work, erection or repair of buildings over 25 feet in height, by means of scaffolding, or by Ubo of mechanical power.
Persons compensated. All employees.
Government employees. All employees of the State to whom the law wouid apply if they were under private employment. Burden of payment. Entire cost rests upon the employers. Compensation for death, (a) A sum equal to three years' earnings, but not less than $750 nor more than
$1,500, to those entirely dependent on earnings of deceased. (6) A sum not in excess of $1,500, as may be agreed upon or determined to be
reasonable and proportionate, to those partially dependent, (c) Reasonable expenses of medical attendance and burial not exceeding $50 if deceased leaves no dependents. Compensation for disability. A weekly payment, including the first week of disability if disability lasts two weeks or over, not exceeding 50 per cent of employee's earnings during the previous 12 months, but not exceeding $5 per week.
After Bix months, upon application of the employer, a lump sum may be substituted for weekly payments, to be determined in default of agreement by the court.
Revision of compensation. Weekly payment may be reviewed at the request of either party.
Insurance. Employers may make contracts with employees for substitution of an officially approved scheme of compensation benefits or insurance in place of the provisions of this act, provided the scheme is not less favorable to the employees than the provisions of this act, and a majority of the workmen are favorable to such substitution.
Security of payments. In case of employer's bankruptcy the amountof compensation due under tniB act is classed as a preferred claim, or when an employer has entered into a contract with insurers in respect to any liability under the act to any workman, such rights of the employer, in case he becomes bankrupt, are transferred to and vested in the workman.
Settlement of disputes. In case of disagreement, proceedings are taken in courts.
NEW SOUTH WALES.
bate of enactment. November 5, 1900; in effect January 1, 1901; amended December 28, 1901; scale of compensation increased by governor on July 28, 1905, in accordance with power given by the act; August 19, 1910; in effect January 1, 1911.
Injuries compensated. Personal injuries by accident arising out of and in course of employment causing death, or disability for at least two weeks, except when due to serious or willful misconduct on the part of the workman.
Industries covered. Any railway, tramway, factory, workshop, mine,' quarry, wharf, vessel, engineering, or building work, building used for dumping or storing wool, carried on by the employer as a part of his business; any other employment declared dangerous by proclamation.2
Persons compensated. All persons employed at manual labor, under contract with an employer, except casual labor, or otherwise than for the purpose of the employer's trade or business.
Gortrnment employees. The law applies to all workmen in any employment by or under the State to which the law would apply in case the employer were a private pram.
Burden of payment. Entire cost of compensation rests upon the employer; but if there are contractors, then on such contractors and the principal, jointly and. severally. Compensation for death, (a) A sum equal to three years' earnings, but not less than £200 ($973.30) nor more than £400 ($1,946.60) to those entirely dependent upon the earnings of the deceased. Weekly payments or lump sums paid under this law are deducted from such sum. (6) A sum not exceeding the above amount, as may be agreed upon or determined as being reasonable and proportionate to the loss or damage suffered by those partly dependent, (c) If no dependents are left, the expenses of medical attendance and burial, but not exceeding £12 ($58.40), unless such expenses are payable by a friendly society to which the workman belonged. Compensation for disability, (a) A weekly payment after the second week not exceeding 50 per cent of average weekly earnings, but no such pavment shall exceed £1 ($4.87), with a total liability of £200 ($973.30). (4) In case of partial incapacity the weekly payment shall in no case exceed one-half of the loss of earning capacity.
In fixing the weekly payment consideration must be given to any financial assistance given by the employer to the injured during incapacity.
(c) A lump sum may be substituted for weekly payments after six months, on application of the employer; the amount to be agreed upon, in default of agreement, to be determined by the court. Revision of compensation. Weekly payments may be revised at the request of either party.
Insurance. Employers may contract with their employees for substitution ot a ffheme of compensation, benefit, or insurance in place of the provisions of the act, ii the scheme is officially certified to be not less favorable to the employees and their dependents than the provisions of the act. In such case the employer is liable only in accordance with the scheme.
Security of patrments. When the employer becomes liable under the act to pay compensation, and is entitled to anv sum from insurers on account of the amount due to a worker under such liability, then in the event of his becoming insolvent such workman has a first claim upon this sum for the amount so due.
Settlement of disputes. Disputes arising under the act are heard and determined bya police magistrate, unless the claim is for more than £30 ($146). When in excess "f Uiat amount proceedings are taken in the district court.
1 Act of Aug. 19, 1910, includes onlv mines, employees in which are not included under the special 'ompensationand protective lav.- covering mines, viz, Miners' Accident Relief Act, 1900, and amendments 1*11 and 1910.
1 Sramen are compensated under u Commonwealth law of December 28, 1911 30597°—Bull. 120—14 11
Date of enactment. October 10, 1908, in effect January 1. 1911. Amended October 28, 1911.
Injuries compensated. All injuries to workmen arising out of and in the course of the employment causing death, or disability for at least one week, except when due to serious and willful misoonduct of the workman injured.
Industries covered. Any trade, business, or work carried on by or on behalf of the employer; mining, quarrying, excavating, cutting standing timber, cutting scrub and clearing land of stumps and logs; building operations; manufacture of explosives; using machinery driven by mechanical power, driving a vehicle moved bv horse or mechanical power, domestic service, when period of engagement is not less than seven days; any occupation in which a worker incurs a risk of falling a greater distance than 12 feet; navigation in New Zealand waters on board New Zealand ships.
Persons compensated. All workmen, including apprentices, exclusive of other than manual laborers whose annual earnings exceed £260 ($1,265.29).
Government employees. Act applies to work carried on by or on behalf of the Government or any local authority if it would, in case of a private employer, be an employment to which the act applies.
Burden of payment. Entire cost of compensation rests upon employer; but if there are contractors, then on such contractors and the principal, jointly and severally.
Compensation for death, (a) A sum equal to three years' earnings, but not less tlian £200 ($973.30) nor more than £500 ($2,433.25), to those wholly dependent upon earnings of deceased.
(6) A sum less than above if dependents were partly dependent upon deceased, to be agreed upon by the parties or fixed by a magistrate or by the arbitration court.
(c) Reasonable expenses of medical attendance and burial, not exceeding £20
(d) Amounts previously paid are deducted from final compensation payable on
Compensation for disability,
(6) A weekly payment during disability not exceeding 50 per cent of employee's average weekly earnings during the previous 12 montlis, but not to exceed £2 10s. ($12.67) nor to fall below £1 ($4.87) where employee's ordinary rate of pay at time of accident was not less tlian 30 shillings ($7.30) per week. Total liability of employer is limited to £500 ($2,433.25). No payment is made for first week if disability does not continue for a longer period than two weeks. Weekly payments not to extend beyond Bix years, (c) For certain permanent injuries (mutilations, etc.) a fixed per cent of the compensation paid above for partial and total disability. A lump sum may be substituted for weekly payments, capitalized at 5 per cent compound interest, for permanent total or partial disability, to be agreed on by the parties, or, in default of agreement, determined bv the court of arbitration. Revision of compensation. Weekly payments mayl>e revised at request of either party. Insurance. Employers may contract with their employees for substitution of a scheme of compensation, benefit, or insurance in place of the provisions of the act if the scheme is shown to be not less favorable to the general body of employees and their dependenta than the provisions of the act. In such case the employer is liable only in accordance with the scheme.
Security of payments. When an employer becomes liable under this act to pay compensation, and is entitled to any sum from insurers on account of the amount due to a workman under such liability, then in the event of Ms becoming insolvent such workman has a first claim upon this sum. Compensation for injuries sustained in the course of employment in or about a mine, factory, building, or vessel is deemed a charge upon the employer's interest in such property and has priority over all charges other than those lawfully existing at the time of the commencement of the act.
Settlement of disputes. Disputes arising under the act are settled by the court of arbitration under the industrial arbitration act.
Dale of enactment. July 23, 1894; in effect July 1, 1895. Amended December 23, 1899, June 12, 1906, June 30, 1908, June 9, 1911; sickness insurance laws September IS, 1909, April 1, 1911.1
Injuries compensated. All injuries by industrial accidents, causing death or disability for more than three days, or requiring treatment after that period, unless intentionally brought about by the injured person.
Industries covered. Practically all factories and workshops using other than hand power; mines and quarries; the handling of ice, explosives, or inflammables; building and engineering construction, electric work, transportation, salvage and diving, chimney sweeping, and fire extinguishing; forestry, to a limited extent; employment about dams, canals, and sluices. Employees in other industries may avail themselves of this insurance system.
Persons compensated. All workmen, including apprentices, and salaried employees.
Government employees. Act covers employees in government or communal service, when engaged in any of the industries enumerated above, unless at least equal compensation is provided by special regulation.
Burden of paymen t. Cost of compensation rests upon employer.
Compensation in case of death.
(6) Pensions to heirs not exceeding 50 per cent of earnings to be distributed to—
id) Pension payments are in addition to prior allowances granted for disability. Compensation for disability, (a) Free medical and surgical treatment, or cost of same, after four weeks. (6) If employee is totally disabled for more than four weeks, an allowance of 60 per cent of the earnings, but not less than 0.50 crown (i3 cents) per diem or 150 crowns ($40.20) per annum; and a proportionate allowance in case of partial disability, all to continue during disabiity. (<•) If injured employee is forced to stay in a hospital, dependents receive allowances during that time equal to the pensions granted in cases of death. (if) If injured employee is not a member of a sick insurance fund, he is entitled to receive from employer directly siek benefits and free medical treatment from first day of injury; otherwise, from the fund, (e) In computing allowances the excess of annual earnings over 1,200 crowns ($321.60) is not considered. Revision of compensation. Compensation is subject to revision upon demand of either the beneficiary or the insurance office.
Insurance. A State central insurance office is established for the entire Kingdom, in which all employees subject to the law must be insured by employer, unless he is, for special reasons, relieved by royal order from the obligation of insurance. Security of payments. Insurance office is guaranteed by the State. Settlement of disputes. Appeals from decisions of insurance office may be entered within six weeks with the special insurance commission.
'Ftsbermen ate covered by the law of Aug. 8,190$, amended Aug. 18,1911; seamen by law of Aug. NOVA SCOTIA.
Date of enactment. April 22,1910; in effect February 1, 1911.
Injuries compensated. Personal injury by accident arising out of and in the course of employment to a person to whom this act applies.
Industries covered. Railways, including street railways, factories, laundries worked by steam, water, or mechanical power; mines, quames, engineering work, loading and unloading a vessel; building operations using scaffolding or mechanical power; provided 10 or more workmen are employed in an undertaking. (Certain designated establishments in which workmen's relief funds are already established are excepted.\
Persons compensated. All workmen or clerks whose annual earnings do not exceed $1,000.
Government employees. These are within the act if the employment itself is covered by the law.
Burden of payment. The entire cost of compensation rests upon the employer.
Compensation for death, (a) To those wholly dependent upon his earnings a sum equal to three years' earnings but not less than $1,000 nor over $1,500, less any sum paid under this act as weekly compensation for injury. (6) To those dependent, such sum not exceeding $1,500 as may be agreed upon,
or in default of agreement determined by arbitration, (c) If no dependents are left the reasonable expenses of medical attendance and burial, not exceeding $200.
Compensation for disability. A weekly payment during disability after the second week of a sum not exceeding 50 per cent of weekly wages earned during the preceding year. In fixing the amount of compensation, consideration must be given to the loss in earning capacity and to any sums other than wages which the injured person mayhave received from his employer during incapacity. The weekly compensation shall not exceed $7, nor shall the total amount payable exceed $1,500.
A lump sum may be substituted for the weekly payments after six months, on the application of the employer, the amount to be settled by agreement, or, failing in this, by arbitration.
Revision of compensation. Either party may request a revision of payments
Insurance. If after investigation the governor in council certifies that any scheme of compensation, benefit or insurance is equivalent in its provisions to those of this act the emplover may contract with the employees for the substitution of that scheme, and the employer thereafter shall be liable only in accordance with that scheme. Should the certificate be revoked any moneys or securities held for the purpose of the scheme shall be distributed as may be arranged between employer and workmen, or determined by the governor in council.
Security of payments. In respect of any liability under this act to any workman by an employer who has entered into a contract with an insurance Bcheme, and who becomes bankrupt or who liquidates or retires from business, the workman entitled to compensation shall have priority of claim upon such sum as is due the employer on account of such insurance.
Settlement of disputes. In default of agreement between the interested parties, any question may be settled (a) by a committee representing the employer and the employees; (6) by a single arbitrator agreed upon; or (c) by an arbitrator appointed by a county court judge.