Sidebilder
PDF
ePub

NETHERLANDS.

Date of enactment. January 2, 1901, in effect June 1, 1901. Other acts February 3 and 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.

l'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 pensation for death.

(1) Funeral benefit of thirty times average daily earnings of deceased.
(b) 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 ($1.6l) per day are to be

considered as of that amount Compensation for disability.

(a) Free medical and surgical treatment, or its cost.
(6) 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. (d) In computing pensions, wages higher than 4 florips ($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. NEWFOUNDLAND.

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 use of mechanical power.

Persons compensated. All employees. Government employees. All employees of the State to whom the law would 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 six 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 amount of compensation due under this 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.

Date 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.

Gorernment 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 prin.

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 sume paid under this law

are deducted from such gum. (b) A sum not exceeding the above amount, as may be agreed upon or deter

mined as being reasonable and proportionate to the loss or damage sui

fered 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 payment shall exceed £l ($4.87), with a

total liability of £200 ($973.30). (b) 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 of a scheme of compensation, benefit, or insurance in place of the provisions of the act, if 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 payments. When the employer becomes liable under the act to pay compensation, and is entitled to any 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 by a police magistrate, unless the claim is for more than £30 ($146). When in excess of that amount proceedings are taken in the district court.

I Act of Aug. 19, 1910, includes only mines, emplovees in which are not included under the special compensation and protective law covering mines, viz, Miners' Accident Relief Act, 1900, and amendments 1901 and 1910. 2 Seamen are compensated under a Commonwealth law of December 28, 1911

30597_Bull. 126-14--11

NEW ZEALAND. 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 williul misconduct 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 by 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 than £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 arbi

tration court. (c) Reasonable expenses of medical attendance and burial, not exceeding £20

($97.33). (d) Amounts previously paid are deducted from final compensation payable on

death. Compensation for disability.

(a) Medical and surgical aid not to exceed £1 ($4.87). (b) A weekly payment during disability not exceeding 50 per cent of employee's

average weekly earnings during the previous 12 months, but not to exceed £2 108. ($12.67) nor to fall below £1 ($4.87) where employee's ordinary rate of pay at time of accident was not less than 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 six years. (c) For certain permanent injuries (mutilations, etc.) a fixed per cent of the com

pensation 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 by the court of arbitration.

Revision of compensation. Weekly payments may be 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 dependents 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 his 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.

NORWAY.

Date 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 18, 1909, April 1, 1911.!

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 payment. Cost of compensation rests upon employer.
Compensation in case of death.

(a) Funeral benefit of 50 crowns ($13.40).
(b) Pensions to heirs not exceeding 50 per cent of earnings to be distributed to

Widow, 20 per cent of earnings until death or remarriage; in the latter case

a lump sum equal to three annual payments; or dependent widower, 20

per cent of annual earnings of deceased while disability lasts. Each child, 15 per cent of annual earnings till age of 15 years, if one parent

survives, 20 per cent if neither survives, 15 per cent for each parent to

each child when both parents have died as result of injuries. Dependent relatives in ascending line if there is a residue after providing for

above-mentioned heirs, a pension of 20 per cent of earnings until death or cessation of need, to be divided equally; but living parents exclude

grandparents from participation. (c) In computing pensions theexcess of annual earningsover 1,200 crowns ($321.60)

is not considered. (d) 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. (b) 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. (c) If injured employee is forced to stay in a hospital, dependents receive allow

ances during that time equal to the pensions granted in cases of death. (d) If injured employee is not a member of a sick insurance fund, he is entitled to

receive from employer directly sick 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.

1 Fishermen are covered by the law of Aug. 8, 1908, amended Aug. 18, 1911; seamen by law of Aug. 18, 1911.

« ForrigeFortsett »