« ForrigeFortsett »
Date of enactment. January 20, 1911.
Injuries compensated. The employer is responsible for any accidents, unless intentionally brought about by the injured person, which occur to his workmen and employees in the course of or directly occasioned by their work.
Industries covered. Production and transmission of power; electric and gaslight production and installation; telegraph and telephone; naval construction; transportation, land, river, and marine, employing power; agricultural operations involving use of mechanical power; loading and unloading; mines and quarries where more than 35 workmen are employed; ore-reduction work, etc.; factories using mechanical power, and building trades.
Persons compensated. All workmen and employees whose annual earnings do not exceed £120 ($583.98). Elective for those receiving higher compensation.
Government employees. These are subject to the act if the employment itself comes within the scope of the law. Burden of payment. The entire cost of compensation rests upon the employer. Compensation for death. (a) A funeral benefit equal to two months' earnings of the deceased, even though his remuneration exceeded £120 ($583.98) per annum and without regard to number of employees. (6) To the widow, a life annuity equal to 11 per cent of annual earnings of the deceased.
(c) To the children, legitimate, or acknowledged illegitimate, an annuity, equally divided, of 22 per cent of such earnings until 16 years of age, or, if incapacitated for work, an equal annuity for life.
(<f) In default of children, to direct descendants entirely dependent on the deceased, the compensation under (c).
(e) Should there be neither widow, children, nor other dependents, to ascendants who would have been dependent on the deceased, a life annuity of 15 per cent to each, but not in excess of 30 per cent of such wages, and where more than two, such annuity to be equally distributed.
(J) Should there be no widow, her portion of the annuity is added to that of the children. Compensation for disability.
(a) Medical and surgical aid during disability.
(b) For total permanent disability a life annuity of 33 per cent of annual earnings.
(c) For partial permanent disability a life annuity of 33 per cent of loss of earning
(d) For total temporary disability a compensation during disability of 22 per cent
(e) For partial temporary disability a compensation of 50 per cent of the loss of
earning capacity until complete recovery. An increase of 50 per cent in the compensation is made if the accident occurs in default of prescribed protective apparatus on the part of the employer or by reason of his inexcusable fault. It is proponionately reduced if through inexcusable fault of the injured.
If the accident causing injury is the result of an unlawful act of the employer, the injured person shall be entitled to indemnity for all damages and injuries, as determined at common law.
Revision of compensation. Demands for revision of compensation may be made by either party within three years.
Insurance. Employers may transfer burden of payment of compensation by insuring their employees in authorized insurance companies.
Security of payments. In case of insolvency compensation payments become preferred claims, and. any funds deposited with the Government bank for the purpose of paying allowances are available for the payment of such claims.
Settlement of disputes. Disputes arising under this act go before the magistrate or justice of the peace, subject to review by the judge of the court, and finally subject tc an appeal to the superior court.
Date of enactment. July 24, 1913; in eHect July 27, 1913.
Injuries compensated. Accidents causing death or injury, not brought about fraudulently, arising in the course of employment unless proved not to have arisen out of the employment.
Persons compensated. All operatives and employees, including apprentices, engaged in industries covered by the act.
Industries covered. Factories and workshops employing other than human power; mines and quarries; iron works; building trades; manufacture of explosives and inflammable and poisonous materials; railway and waterway construction; sewers and waterworks; transportation by land or water; storage, handling, and the like; agriculture and forestry, if mechanical power is used (covering only such accidents aa are caused by such power machinery); herding and tending wild cattle; theaters; administration of public security; gas and electrical works; telegraph and telephone systems; fishing, if not a cooperative enterprise.
Government employees. These are included if engaged in industries covered by the acts and if higher compensation is not otherwise provided by law.
Burden of payment. The entire burden re:-ts upon the employer; if there are contractors and subcontractors, then upon such contractors. Compensation Jor death, (a) Funeral expenses not exceeding 15 times the daily wage. (6) To surviving consort, 20 per cent of annual earnings of employee until death or remarriage; lump sum of 60 per cent of annual earnings paid at time of remarriage.
(c) To legitimate child under 14 years of age, 15 per cent of annual earnings, 25
1>er cent if 2 children, 35 per cent if 3, and 40 per cent it 4 or more. If eft orphans, each child receives 20 per cent of annual earnings, with a maximum of 60 per cent.
(d) If there are no children, then to any dependent parents or grandparents, or
descendants under 14 years of age, 10 per cent of annual earnings to each
such dependent, but in no case over 40 per cent of annual earnings. («) In calculating annual earnings the maximum wage considered is 400 milreis
($432), plus any excess to the extent of one-half. Compensation jor disability, (a) Necessary medical and surgical expenses. (6) For total permanent disability, two-thirds of annual earnings. (<•) For total temporary disability, two-thirds of the daily wage duing each
working day lost .
(d) For partial disability, one-half the loss of earning power.
(e) All compensation is paid from the beginning of disability.
(J) In calculating annual earnings the maximum wage considered is 400 milreis ($432), plus any excess to the extent of one-half. Revision oj compensation. No provision is made in the law.
Insurance. Employers may transfer burden of payment to recognized establishment hinds, mutual aid associations, or approved insurance companies. They may also insure with the State Insurance Council.
Security oj payments. The obligations contracted under the law, in the event of bankruptcy, have special precedence over all debts of the employer. Risk classes and reserves are determined by the Stale Insurance Council.
Settlement 67 disputes. Disputes are settled by special tribunals of arbitrators composed of employers, employees, and medical officers having deliberative votes, and of representatives of the insurance companies having consultative votes.
Date of enactment. May 29, 1909; in effect January 1, 1910. • Injuries compensated. All injuries happening to workmen by reason of or in the course of their work causing death, or disability lasting over seven days. Injuries intentionally caused by the person injured are not compensated.
Industries covered. Building, manufacturing, transportation, engineering, and construction work, mining, quarrying; stone, wood, and coal yards; any industrial enterprise using machinery operated by power. Agriculture and sailing vessels are excluded.
Persons compensated. Workmen, apprentices, and employees earning not more than $1,000 per annum. Foreign workmen or their representatives are compensated only if and so long as they reside in Canada.
Government employees. Government employees are not mentioned in the act.
an association of which the deceased was a member. (6) Four times average yearly wages, but not less than $1,000 nor more than $2,000 payable to surviving consort, to children under 16 years of age, and dependent ascendants, shares to be agreed upon or determined by court. All amounts may be decreased or increased by court on account of inexcusable
fault of employee or employer. Payments made for disability before death are deducted. Compensation for disability, (a) For permanent total disability, a pension equal to 50 per cent of the yearly
wages (including the maximum and minimum amounts). (6) For permanent partial incapacity, a pension equal to 50 per cent of the amount by which the wages have been reduced because of the injury.
(c) For temporary incapacity lasting ov»r seven days, compensation equal to one
half the daily earnings received at the time of the accident, beginning with the eighth day.
(d) In computing pensions only one-fourth the excess of the annual earnings
between $600 and $1,000 is considered; the capital of any pension shall not exceed $2,000, unless higher because ot accidents due to inexcusable fault of the employer.
Revision of compensation. Demands for change of amount of compensation may be made within four years.
Insurance. No reference concerning the insurance of risks under the law is contained in the act, except as to the payment of pensions due, which may be transferred to insurance companies. No release from liability is obtained by the employer by such transfer.
Security of payments. Claims for compensation or pensions form a lien on the real and personal property of the employer so long as they remain unpaid.
Settlement of disputes. Superior and circuit courts have jurisdiction over all disputes arising under this act. All proceedings are summary, no trial by jury being allowed. QUEENSLAND.
'Date of enactment. December 20, 1905; in effect March 31, 1906. Injuries compensated. All injuries by accident, arising out of and in the course of the employment, which cause death or disable a workman for at least two weeks from taming full wages at the work at which he was employed, except when the injury ifl directly attributable to his serious and willful misconduct or when it occurs while proceeding to or from his place of work.
Industries covered. Industrial, commercial, manufacturing, building, agricultural, pastoral, mining, quarrying, engineering, or hazadous work carried on by or on behalf of the employer as a part of his trade or business.1 Persons compensated. All persons under contract with, an employer. Government employees. Act applies to any work cairicd on Dy 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 £400 ($1,946.60), to those wholly dependent upon earnings of deceased; but aged and infirm employees may agree in advance to accept a reduced amount.
!6) A sum less than above if heirs are only partly dependent, c) Reasonable expenses of medical attendance and burial, not exceeding £30 ($146), if deceased leaves no dependents. Compensation for disability. (a) A weekly payment during disability after second week, not exceeding 50 percentof emplovee'saverage weekly earnings during the previous twelve months, such weekly payments not to exceed £1 ($4.87), and total liability not to exceed £400 ($1,946.60); except that aged and infirm employees may agree in advance to accept a reduced amount. (6) A weekly payment during partial disability after second week, not exceeding one-half of difference between the employee's average weekly earnings before the accident and the average weekly amount which he is earning or able to earn after injury.
(c) Minors may be allowed full earnings during incapacity, not exceeding 10
shillings ($2.43) weekly.
(d) A lump sum may be substituted for weekly payments after three months,
on application of employer, the amount to be agreed upon or, in default of agreement, to be determined by a police magistrate.
Revision of compensation. Weekly payments may be revised by a police magistrate 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 officially certiiied 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 an 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, whose decision is final, except that either party may appeal from this decision on any point of law with the hitter's leave if the claim does not exceed £50 ($243.33), or without his leave if it exceeds that amount.
i Seamen are compensated under a Commonwealth law of Dec. 28,1911.
Date of enactment. January 25 (February 7), 1912. (Includes sickness insurance.)
Injuries compensated. Injuries resulting from accidents without investigation as to whether caused by force majeure or fault of the injured. Accident caused intentionally shall be submitted to the central office for investigation. No sick money benefits paid if the illness or accident was due to drunkenness.
Industries covered. Industries and handicrafts using machinery operated by motor power of all kinds, building undertakings, earthworks, mines, quarries, sawmills; agricultural machinery, forestry, mills, tramways and railroads of all classes; inland and sea navigation, transportation in so far as loading and unloading merchandise are concerned. Other industries may be added by order of the central office.
Persons compensated. All workers and helpers.
Government employees. The law covers employees of the State, districts, and communes in occupations otherwise under the act.
Burden of payment. Burden of payment rests entirely upon the employer after first two weeks; medical treatment and sick benefits paid from sick relief funds supported by its members (employers and employees) who contribute on the basis of a certain wage classification from 0.05 leu (1 cent) to 0.60 leu (11.6 cents) per week.
Compensalinn for death,
(6) To a widow without children one-fifth of the average wages of the deceased until her death or remarriage; to each child under 16 years of age, including illegitimate child of mother dying as result of injury, one-fifth of such earnings. In no case shall the aggregate pensions exceed three-fifths of annual earnings.
(c) If the deceased was a female person the same pensions are payable to her children and to her husband if he had been incapacitated for a considerable time.
(<f) If the deceased leaves dependent persons in the ascending line, a pension of one-fifth of such earnings shall be paid them, with preference in favor of the parents over grandparents. Compensation for disability, (a) Medical treatment at home or in a hospital, medicines, and therapeutical
appliances, supplied by sick funds for first two weeks. (6) Beginning with the third week the injured person, if totally incapacitated, shall be allowed during the entire period of incapacity two-thirds of his wages, and if partially disabled a correspondingly reduced allowance, payable from the General Trade Association for Accident Insurance, (c) In case the person is so injured as to require the attention of another the allowance may be increased to full wages. If the wages exceed 5 lei (96.5 cents) per day, that sum plus one-third the excess is considered in computing pensions. Revision of compensation. No provision is made for revision of compensation. Insurance. Every employer in the enterprises covered by the law must insure his employees in the "General Trade Association. Insurance is effected in the General Trade Association for Accident managed by an Administrative Council appointed by royal decree.
The State does not become a member of the General Trade Association, but itself insures its employees.
Security of payments. The association fixes the amount of contribution from employers to cover the amounts to be paid as benefits and pensions.
Settlement of disputes. All disputes as to right to and amount of assistance or benefits shall be decided by the arbitration courts, with a right of appeal to the administrative council of the central office.