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SERVIA.

Date of enactment. June 29 (July 12), 1910; in effect July 1 (14), 1911.

Injuries compensated. Insurance of workmen relates to cases of illness, accident, disablement, old age, and death when it can not be proved that accident occurred owing to the fault of the injured workman.

Industries covered. All handicrafts and commercial undertakings in which are employed in the one workshop or in one place more than 15 workers where motor power is used, and more than 25 workers where motor power is not used.

Persons compensated. All workmen, including apprentices, in handicrafts and commercial establishments under the law; voluntary insurance for others provided annual earnings do not exceed 2,000 dinars ($386).

Government employees. Relief funds in the case of mines, and insurance funds in case of State and private works which shall be in existence at the time this act comes in force, may be placed on an equal footing with the local associations under the same conditions as agreed with the national insurance fund.

Burden of payment. Accident insurance premiums shall be paid by the employers alone. Compensation for death.

(a) A funeral benefit in proportion to the insured monthly wages of the deceased, fixed by the local workmen's insurance associations.

(b) A sum equal to 30 per cent of the allowance to which the insured person shall have had claim to be paid the widow, so long as she remains unmarried, and 5 per cent in addition for each child up to the time of completing their fourteenth year. Should the widow remarry she may be granted three years' allowance.

(c) Should the children be orphans, the eldest shall receive 20 per cent of the allowance, and the second, third, and fourth children 10 per cent each, and each additional child 5 per cent of the total allowance.

(d) Up to the time when this insurance becomes payable, medical attendance for the injured and his family, medicine and similar assistance, nurses in hospitals and health resorts for workmen and families and daily relief money not less than half the daily wages of the insured person.

Compensation for disability.

(a) Medical and surgical aid.

(b) Pecuniary benefit not less than 5 per cent of wages of injured, according to disability.

(c) In the event of permanent total disability, maximum may be equal to full wages.

Revision of compensation. No special provision is made in the law.

Insurance. Insurance is effected in local workmen's insurance associations, which form a National Union of Workmen's Insurance Associations. Certain relief and insurance funds are recognized when meeting required conditions. Accident and sickness insurance obligatory.

Security of payments. The State makes each year a grant not less than 100,000 dinars ($19,300) to the insurance fund.

Settlement of disputes. Appeals are allowed from the decision of the local associations to the national union, and a further appeal to the minister of political economy, whose decision shall be final.

SOUTH AUSTRALIA.

Date of enactment. December 14, 1911; in effect January 1, 1912, replacing act of 1900 and amendatory act of 1904.

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 misconduct of the workman injured.

Industries covered. "Any employment," including agricultural work employing mechanical power, and navigation in domestic waters on South Australian vessels, but excluding home work, domestic service, and clerical work.1

Persons compensated. All workmen including apprentices, engaged in manual labor or otherwise, provided weekly earnings do not exceed £5 ($24.33).

Government employees. Act applies to civilian persons employed under the Crown to whom it would apply if the employer were a private person.

Burden of payment. Entire cost of compensation rests upon employer; but if there are contractors, then either upon such contractors or the principal, provided contractors for agricultural work included in the act must bear the burden alone. Compensation for death.

(a) A sum equal to three years' earnings, but not less than £200 ($973.30) nor more than £300 ($1,459.95), to those wholly dependent upon earnings of deceased.

(b) A sum not exceeding above amount if dependents were partly dependent upon deceased, to be agreed upon by the parties or fixed by arbitration. (c) Reasonable expenses of medical attendance and burial not exceeding £20 ($97.33), if deceased leaves no dependents.

Compensation for disability. (a) A weekly payment during disability not exceeding 50 per cent of employee's average weekly earnings during the previous 12 months, such weekly payments not to exceed £1 ($4.87) nor, in case of total incapacity of workmen under 21 years and receiving under 20s. ($4.87) a week, to be less than 10s. ($2.43) per week, and total liability not to exceed £300 ($1,459.95).

(b) A weekly payment during partial disability to be fixed with regard to difference between employee's average weekly earnings before the accident and average weekly amount which he is earning or able to earn after injury.

(c) A lump sum may be substituted for weekly payments after six months on application of either party, the amount to be settled by arbitration under the act in default of agreement.

In any case, if disability lasts less than two weeks, no compensation is paid for the first week.

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 public actuary certifies that the scheme is on the whole not less favorable to general body of employees and their dependents than the provisions of the act. In such case employer is liable only in accordance with the scheme.

Security of payments. In event of employer's insolvency the amount of compensation due under act, up to £100 ($486.65) in any individual case, becomes a preferred laim; or where an employer has entered into a contract with insurers in respect of any liability under this act to any workman such rights of the employer, in the event of insolvency, are transferred to and vested in the workman.

Settlement of disputes. Disputes arising under the act are settled by the arbitration of existing committees of employers and employees, or, if either party objects, by a single arbitrator agreed on by the parties, or, in absence of agreement, by a special magistrate. An arbitrator appointed by the magistrate has all the powers of a local

court.

1 Seamen are compensated under a Commonwealth law of Dec. 28, 1911.

SPAIN.

Date of enactment. January 30, 1900; in effect July 28, 1900.

Injuries compensated. All injuries by accidents to employees in the course of and by reason of the employment causing death or disability. Compensation may be reduced if injured person was engaged in an illegal act.

Industries covered. Manufacturing, mines, quarries, metallurgical establishments, construction work, industries injurious to health, transportation, gas and electric works, street cleaning, theaters, and agricultural and forestry establishments using power machinery.

Persons compensated. Workmen performing manual labor, including helpers and apprentices.

Government employees. Act applies to employees of State factories and other Government establishments, to labor accidents in war and naval departments, and to establishments of provincial and communal governments.

Burden of payment. Entire cost of compensation rests upon employer.

Compensation for death. In addition to any prior benefits paid for disability— (a) Funeral expenses, not exceeding 100 pesetas ($19.30).

(b) A lump sum equal to two years' earnings, if widow, and children or dependent orphan grandchildren under 16 years survive; eighteen months' earnings if only children or orphan grandchildren survive; one year's earnings if only widow survives; ten months' earnings to dependent parents or grandparents over 60 years of age, in absence of widow or children, if two or more survive; seven months' earnings if only one parent or grandparent survives.

(c) For these lump-sum payments, by mutual consent, the following pensions may be substituted: 40 per cent of annual earnings when widow and children or grandchildren survive; 20 per cent of annual earnings when only widow survives; 10 per cent to each dependent parent or grandparent over 60 years of age, when no widow or children survive, but not over 30 per cent in the aggregate; compensation to widow ceases on her remarriage, and to children on their attaining the age of 16 years.

(d) In these cases, the daily earnings to be considered as not less than 1.50 pesetas (29 cents).

(e) All of these compensations are increased by 50 per cent if the establishment is lacking in the required safety provisions.

Compensation for disability.

(a) Free medical and surgical treatment during disability.

(b) Fifty per cent of daily earnings, including Sundays and holidays, from day of injury to day of recovery from disability, but not over one year, after which case is treated as one of permanent disability.

(c) In case of permanent disability, in addition to the foregoing, a sum equal to two years' earnings for total disability.

Eighteen months' earnings, if total disability extends only to former trade. One year's earnings in cases of partial permanent disability for usual employment, unless the employer agrees to employ injured workmen at some other work at old rate of wages.

(d) In these cases the daily earnings to be considered as not less than 1.50 pesetas (29 cents).

(e) Compensations are increased by 50 per cent if the establishment is lacking in the required safety provisions.

Revision of compensation. No special provision is made in the law.

Insurance. Employers may contract with authorized insurance companies to assume obligations imposed by law.

Security of payments. No special provision is made in the law.

Settlement of disputes. Disputes concerning compensation under the law may be carried to special permanent labor tribunals consisting of representatives of the State, employers, and employees.

SWEDEN.

Date of enactment. Approved July 5, 1901; in effect January 1, 1903; amended June 3, 1904. Supplementary act, October 2, 1908.

Injuries compensated. Injuries by accidents to workmen resulting from the employment, and causing death, or disability for more than sixty days, unless due to the willful act or gross negligence of the victim or to the willful act of a third person who has neither the supervision nor the direction of the work.

Industries covered. Practically all establishments engaged in forestry work, mining, quarrying, turf and ice cutting and handling, manufacturing, chimney sweeping, rafting, fishing, railway and tramway service, handling goods, building trades, conduit, road and other construction work, and electricity, gas, and water distribution. Employers in other industries may insure their employees in the State Insurance Institute and thereby be placed under provisions of the act. Employees in other industries may secure the protection of the act by insuring themselves in the State Insurance Institute.

Persons compensated. Workmen and foremen.

Government employees. Act applies to employees in the State and communal services when engaged in any of the industries enumerated above.

Burden of payment. Entire cost of compensation rests upon employer, except that fishermen under the act contribute a flat annual rate, and the State makes up any deficit.

Compensation for death. When death results from the injury within two years— (a) Funeral benefit of 60 crowns ($16.08).

(b) Annual pensions not exceeding in the aggregate 300 crowns ($80.40), to be distributed to widow, until remarriage 120 crowns ($32.16); each child under 15 years of age 60 crowns ($16.08).

Compensation for disability.

(a) If permanently disabled, annual pension of 300 crowns ($80.40) in case of total disability, and a smaller sum corresponding to loss of earning power in case of partial disability, pension to begin with sixty-first day of disability, or later if permanent character of the disability was not then established.

(b) If temporarily disabled for more than sixty days, 1 crown (27 cents) per day, beginning with sixty-first day.

Revision of compensation. Suit may be brought in a court of first instance by injured employee for a revision of compensation within two years from the date of the fixing of the same.

Insurance. If an injured person receives an allowance or pension from an organization which is supported entirely or in greater part by the employer, or if the victim is insured in a private organization by his employer, the amounts received from such a source may be deducted from payments required of employer under the act. Employers may transfer burden of payment of compensation by insuring in the State Insurance Institute, created for this purpose by the act, or in individual cases purchase annuities for pensioners from this institution. Other arrangements may be made between employers and employees if the State Insurance Institute finds upon examination that they are not unfavorable to the employees.

Security of payments. An employer may be required to furnish adequate security for the payment of the pension to cover the contingency of his neglecting to pay the same, of his retiring from business or leaving the country, or of his becoming insolvent. If he fails to furnish security he may be required to pay a lump sum equal to the capital value of the pension plus the payments and interest due, which amount, in the case of an injured employee, must be invested in the purchase of an annuity from the State Insurance Institute.

Settlement of disputes. Disputes may be settled either by arbitration or by bringing suit in a court of first instance. The demand for arbitration must be made or the suit brought within two years after the accident or in case of fatal accidents within two years after the death of the victim. If the action is against the State Insurance Institute, one year more is allowed.

1 Voluntary sickness insurance laws, Oct. 30, 1891, July 4, 1910, provide benefits up to 90 days for accidents causing disability of over 3 days.

SWITZERLAND.

Date of enactment. June 13, 1911, accepted by referendum February 4, 1912. Injuries compensated. Every bodily injury suffered by an injured person in the course of work performed under direction of the director, or his agent, of the insured enterprise, or service undertaken in the interest of the enterprise, or during interruption of work, before or after work, if the insured person is on the premises, or in the danger zone, without fault on his part. All insured persons contracting an occupational disease due to the action of injurious substances used in the establishment.

Industries covered. Railway and postal services, steam vessels, factories, building trades, transportation by land and water, rafting, telegraph and telephone lines, engineering works, excavating, mines, quarries, manufacture of explosives.

Persons compensated. All employees, laborers, apprentices, laborers without pay, and probationers.

Government employees. No special provision is mentioned in the law.

Burden of payment. In the case of occupational accident insurance, premiums are paid by the employers; in nonoccupational accident insurance, three-fourths by the insured person and one-fourth by the Confederation.

Compensation for death.

(a) A funeral benefit of 40 francs ($7.72).

(b) To widow or dependent widower or a widower who shall become infirm or incapacitated within 5 years after the death of the wife, an annuity of 30 per

cent of annual wages of the insured. On the remarriage of a widow she is allowed a lump sum equivalent to her annuity of 3 years.

(c) To each child until the completion of 16 years of age an annuity of 15 per cent of said annual earnings, 25 per cent if orphaned of both parents; if upon the completion of 16 years said child is permanently incapacitated, annuity to continue till 70 years of age.

(d) Ascendants in a direct line are entitled during life, and brothers and sisters until 16 years of age, to a total annuity of 20 per cent, equally distributed. The total annuties payable shall not exceed 60 per cent of the earnings of the insured persons.

Compensation for accident.

(a) Free medical attendance, medicine, surgical apparatus, and necessary traveling expenses.

(b) Indemnity for loss of time payable beginning with third day after the accident, equal to 80 per cent of earnings. If treatment in a hospital is necessary the fund may retain, in the case of a person without family, three-fourths, and, with a family, one-half of the loss of time indemnity.

Loss of time payments are based on daily earnings not exceeding 14 francs ($2.70).

(c) An annuity for total disability equal to 70 per cent of annual earnings. For partial disability a proportionate rate. Annuities are based on annual

earnings not exceeding 4,000 francs ($772).

(d) When medical treatment if instituted may reasonably be expected to improve the earning capacity of the persons, the annuity may be replaced by such treatment payable in the same manner as loss of time and hospital treat

ment.

(e) A lump-sum payment not exceeding in value an annuity for 3 years may be made to any person in whose condition no reasonable improvement may be expected from medical treatment, and who will probably recover his capacity for labor.

Revision of compensation. Revision of annuity may be had at any time within 3 years from its establishing, provided the degree of disability undergoes any essential change. After that time revision may be had only at the expiration of the sixth and ninth years.

Insurance. Compulsory in a National fund against accidents, occupational and nonOccupational; and voluntary insurance of all persons 14 years of age and over, and heads of establishments who have themselves and their laborers insured, may insure such other persons against accidents for which they are civilly responsible. Security of payments. Under Government control.

Settlement of disputes. Cantonal courts decide in the first instance subject to appeal to the Federal Insurance Court.

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