« ForrigeFortsett »
Date of enactment. June 13, 1911, accepted bv referendum February 4, 1912.
Injuries compensated. Every bodily injury Buffered 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 ana 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.
(6) 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 p< r cent of annual wages of the insured. On the remarriage of a widow sho is allowed a lump sum equivalent to her annuity of 3 years.
(<■) To each child until the completion of 10 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.
(rf) 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 travel
(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 pavments 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, tne annuity may be replaced by such treatment payable in the same manner as loss of time and hospital treatment.
(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; ana 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.
Date of enactment. January 13, 1911; in effect July 1, 1911.
Injuries compensated. Personal injury by accident arising in the course of employment, causing disability from earning full wages for at least one week, or death, except injuries attributable to insobriety, or serious and willful misconduct, or breach of law, or gross negligence, and those occurring while proceeding to or from place of work.
Industries covered. Railroads, factories, mines, quarries, engineering work, or any other industry so declared by a resolution of parliament.1
Persons compensated. Any worker, except casual, employed in manual labor whose annual earnings do not exceed £150 ($759.17).
Government employees. Act applies to workers in Government service to whom it would apply if the employer were a private person.
Burden of payment. The entire cost rests upon the employer, but if there are contractors, then upon such contractors and the principal jointly and severally. Compensation for death. (a) To those wholly dependent a sum equal to three years' earnings of the deceased employee, but not less than £100 ($486.65) nor more than £200 ($973.30). (6) To those partially dependent a sum proportionate to the loss to such dependents, but not larger than above amount, to be determined by agreement or arbitration.
(c) If deceased leaves no dependents, reasonable expenses of medical attendance and burial, but not to exceed £30 ($146), provided he is unable to meet such expenses. Compensation for disability, (a) A weekly payment during incapacity of not more than 50 per cent of employee's average weekly earnings during previous 12 months, but not exceeding 30 shillings ($7.30), and a total liability not exceeding £200 ($973.30). If incapacity lasts less than two weeks, no payment is required for the first week. Aged and infirm employees may agree in advance to accept reduced amounts. (6) Minor persons may be allowed full earnings during incapacity, but weekly
payments may not exceed 10 shillings ($2.43). (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 the weekly payments after two weeks. Revision of compensation. Weekly benefits 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 any approved company 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 such scheme.
Security of payments. In case of the employer's insolvency, the amount of compensation due under the act, up to £100 ($486.65) in any individual case, is classed as a preferred claim; or, where an employer has entered into a contract with insurers in respect of any liability under the act to any workman, such rights of the employer, in the event of his insolvency, are transferred to and vested in the workman.
Settlement of disputes. Questions arising under the act are settled by agreement of the parties or by arbitration before a special commissioner according to ordinary rules of court.
'Seamen aro compensated under a Commonwealth law of Dee. 28, 1911.
Date of enactment. August 20, 1907; in effert April 1, 1908.
Injuries compensated. Injuries by accident arising out of and in the course of the employment which cause the workman's death or necessitate his absence from work for over one week. Compensation is not paid when injury is due to serious and willful misconduct.
Industries covered. Employment at or about any trade, industry, business, or public undertaking, including agriculture, but excluding domestic service.
Persons compensated. Any white person regularly employed for the purposes of the employers' trade or business whose annual earnings do not exceed £500 ($2,433.25), but exclusive of home workers and subcontractors.
Government employees. All civil government employees are covered by this act if employed in establishments or undertakings to which the law applies, provided that when other pension provisions have been made the injured employee or his surviving dependents nave the right to choose between the two methods of compensation. Burden of payment. Entire cost of compensation rests upon employer. Compensation for death, (a) A sum equal to two years' wages, but not more than £500 ($2,433.25), to those dependent upon earnings of the deceased, to be distributed among the dependents, either by agreement or by order of the local courts. (6) Temporary payments previously made for over three months shall be de
(c) If deceased left no dependents, reasonable expenses of medical attendance
and burial, not exceeding £60 ($291.99). Compensation for diiability. (a) A weekly payment during disability of 50 per cent of the wages at the time
(6) In case of total permanent disability, an amount equal to three years' wages, minus thj amount paid in weekly compensation, but not over £750 ($3,649.88).
(e) In ease of partial disabilityj an amount equal to probable loss of earning power for three years, minus the amount paid out in weekly compensation, but not over £375 ($1,824.94). (</) In case of minors suffering total permanent disability the courts may increase the compensation to £300 ($1,459.95) if three years' wages are less than this amount, and if suffering from partial permanent disability the court may increase the compensation to £150 ($729.98). Revision of compensation. Employer may apply for revision or setting aside of order to pay weekly compensation on the ground of recovery of the employee or his willful retardation of recovery or refusal to undergo medical examinations or if lack of notice of accident or subsequent proof of serious and willful misconduct. Injured employee has right to make a new application if compensation is denied and injury subsequently proves more serious than expected.
Insurance. Right of insurance against the obligations of this art is not regulated. Xo release from liability is affecti-d by such insurance.
Settlement of disputes. Orders for granting benefits are given by local magistrates, after holding an inquiry. Appeals may be had to the magistrate himself, and from him to the supreme court.
Date of enactment. February 23, 1906.
Injuries compensated. Death, injury, or total disability resulting from an accident. Industries covered. Mining.
Persons compensated. Any miner suffering injury as a result of an accident. Government employees. The law makes no provision for compensation of government employees. Burden of payment. Not stated in the law.
Compensation. Amount to be determined by agreement or by a committee composed of one person appointed by each party and one by the highest civil authority.
Revision of compensation. No scheme of revision is provided.
Insurance. No plan for transfer of burden to insurance company or otherwise ii provided.
Settlement of disputes. The committee above provided for.
Date of enactment. December 21, 1912; in effect on a date fixed by the governor by order in council.
Injuria compensated. All injuries caused to a workman 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. Railways, waterworks, tramways, electric-light plants, factories, mines, quarries, engineering and building work, cutting standing timber, cutting scrub and clearing land; manufacture and use of explosives; using machines driven by mechanical power; driving vehicles moved by horse or mechanical power; any < ice upation in which worker incurs risk of falling any distance, if injury or death results; navigation on Western Australian ships in territorial waters.1
Persons compensated. All persons engaged under contract in any employment, except casual workers, outworkers, and those having annual earnings in excess of £300 ($1,459.95).
Government employees. Act applies to all persons employed under the Crown to whom it would apply if employer were a private person.
Burden of payment. Entire cost of compensation rests upon employer, but if there are contractors and subcontractors, then upon such jointly and severally. Compensation for death.
(a) A sum equal to three years' earnings, but not less than £300 ($1,459.95) nor more than £400 ($1,946.60), to those wholly dependent upon earnings of deceased.
(6) A sum less than above amount if dependents were partly dependent upon deceased, to be agreed upon by the parties or fixed by local court.
(c) Reasonable expenses of medical attendance and burial not to exceed £100 ($486.65), if deceased leaves no dependents. Compensation for disability.
(a) Reasonable expenses of medical and surgical aid, but not in excess ot £1 ($4.87).
(6) A weekly payment during disability after second week, not exceeding 50 per cent of injured person's average weekly earnings during the previous twelve months, such weekly payment not to exceed £2 ($9.73) and total liability not to exceed £400 ($1,946.60).
(c) In case of partial disability, regard is to be had to the difference between
average weekly earnings before and after the accident, and to any payment other than wages made by employer on account of the injury.
(d) 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, after six months, on the application of the employer, the amount to be determined by the court in default of agreement. Revision of compensation. Weekly payments may be revised by the court at request
Insurance. Emplpyers 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 registrar of friendly societies certifies that the scheme is on the whole not less favorable to the general body of employees and their dependent* than the provisions of the act. In such case employer is liable only in accordance with this 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 workman under such liability, then in the event of his becoming insolvent fUich workman, has a first charge upon this sum for the amount so due. Compensation for injuries sustained in the course of employment in or about a mine, factorybuilding, or vessel is deemed a charge on the employer's interest in such property.
Settlemen t of disputes. Disputes arising under the act are settled by the local court of the district in which the injury is received.
1 Seamen are compensated under a Commonwealth law of Dec. 28,1911.