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Date of enactment. December 21, 1912; in effect on a date fixed by the governor by order in council.
Injuries 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 (ccupation in which worker incurs risk of falling any distance, if injury or death results; navigation on Western Australian ships in territorial waters.?
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. Com pensation 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. (b) 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. Com pensation for disability. (a) Reasonable expenses of medical and surgical aid, but not in excess of £1
($4.87). (b) 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 pay
ment 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 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 registrar of friendly societies certifies that the scheme is on the whole not less favorable to the general body of employees and their dependents 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 such 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.
Settlement 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.
TEXT OF WORKMEN'S COMPENSATION LAWS-UNITED STATES.
ARTICLE XVIII.-Employment of labor-Compensation for injuries to
SECTION 8. The legislature shall enact a workmen's compulsory Compulsory compensation law applicable to workmen engaged in manual or me- com
compensation. chanical labor in such employments as the legislature may determine to be especially dangerous, by which compulsory compensation shall be required to be paid to any such workman by his employer, if in the course of such employment personal injury to any such workman from any accident arising out of, and in the course of, such employment is caused in whole, or in part, or is contributed to, by a necessary risk of danger of such employment, or a necessary risk or danger inherent in the nature thereof, or by failure of such employer, or any of his or its officers, agents, or employee, or employees, to exercise due care, or to comply with any law affecting such employment: Provided, That it shall be optional with said employee to settle for such compensation, or retain the right to sue said employer as provided by this constitution.
ACTS OF 1913.
CHAPTER VII.-Compensation for injuries to workmen.
SECTION 65. This chapter is a workman's compulsory compensation Title. law as provided in section 8 of Article XVIII of the State constitution.
Sec. 66. Compulsory compensation shall be paid by his employer Compensation to any workman engaged in any employment declared and determined to be paid, when. as in the next section hereof (as provided in sec. 8 of Article XVIII of the State constitution) to be especially dangerous, whether said employer be a person, firm, association, company, or corporation, if in the course of the employment of said employee personal injury thereto from any accident arising out of, and in the course of, such employment is caused in whole, or in part, or is contributed to, by a necessary risk oi danger of such employment, or a necessary risk or danger inherent in the nature thereof, or by failure of such employer, or any of his or its officers, agents, or employee or employees, to exercise due care, or to comply with any law affecting such employment.
Sec. 67. The employments hereby declared and determined to be Especially danespecially dangerous (as provided in sec. 8 of Article XVIII of the gerous employ. State constitution) within the meaning of this chapter are as follows:
1. The operation of steam railroads, electrical railroads, street railroads, by locomotives, engines, trains, motors, or cars of any kind propelled by a steam, electricity, cable, or other mechanical power, including the construction, use or repair of machinery, plants, tracks, switches, bridges, road beds, upon, over, and by which such railway business is operated.
2. All work when making, using or necessitating dangerous proximity to gunpowder, blasting powder, dynamite, compressed air, or any other explosive.
3. The erection or demolition of any bridge, building, or structure in which there is, or in which the plans and specifications require, iron or steel frame work
4. The operation of all elevators, elevating machinery or derricks or hoisting apparatus used within or on the outside of any bridge, building or other structure for conveying materials in connection with the erection or demolition of such bridge, building or structure.
5. All work on ladders or scaffolds of any kind elevated twenty (20) feet or more above the ground or floor beneath in the erection, construction, repair, painting or alteration of any building, bridge, struc. ture or other work in which the same are used.
6. All work of construction, operation, alteration or repair, where wires, cables, switchboards, or other apparatus or machinery are in use charged with electrical current.
7. All work in the construction, alteration or repair of pole lines for telegraph, telephone or other purposes.
8. All work in mines; and all work in quarries.
9. All work in the construction and repair of tunnels, subways and viaducts.
10. All work in mills, shops, works, yards, plants, and factories where steam, electricity, or any other mechanical power is used to
operate machinery and appliances in and about such premises. Alternative SEC. 68. In case such employee or his personal representative shall rights of employ- refuse to settle for such compensat
refuse to settle for such compensation as provided in section 8 of ees.
Article XVIII of the State constitution, and chooses to retain the right to sue said employer (as provided in any law provided for in section 7, Article XVIII of the State constitution) he may so refuse
to settle and may retain said right. Failure to exer Sec. 69. It is hereby declared and determined to be contrary to cise due care.
public policy that any employer conducting any especially dangerous industry, through any of his or its officers, agents, or employee or employees, shall fail to exercise due care, or fail to comply with any law affecting such employment, in such manner as to endanger the lives and safety of employees thereof, without assuming the burden of the financial loss through disability entailed upon such employees, or their dependents, through such failure; and it is further declared and determined to be contrary to public policy that the burden of the financial loss to employees in such dangerous employments, or to their dependents, due to injuries to such employees received through such accidents as are hereinbefore mentioned shall be borne by said employees without due compensation paid to said employees, or their dependents, by the employer conducting such employment, owing to the inability of said employees to secure employment in said employments under a free contract as to the conditions under which
they will work. Liability with Sec. 70. The common law doctrine of no liability without fault is out fault.
hereby declared and determined to be abrogated in Arizona as far as it
shall be sought to be applied to the accidents hereinbefore mentioned. What injuries Sec. 71. When, in the course of work in any of the employments to be compen- , sated.
described in section 67 of this title, personal injury by accident arising out of and in the course of such labor, service, or employment, is caused to or suffered by any workman engaged therein, by any risk or failure specified in section 66 hereof, then such employer shall be liable to and must make and pay compensation to the workman injured, and his personal representative, when death ensues, for the benefit of the estate of the deceased, for such injury at the rates and in the manner
hereinafter set out in this chapter. Waiting time. Provided, That the employer shall not be liable under this chapter
in respect of any injury which does not disable the workman for a period of at least two weeks after the date of the accident from earning full wages at the work at which he was employed at the time of the injury, and
Provided, further, That the employer shall not be liable under this chapter in case the employee refuses to settle for such compensation
and retains his right to sue as provided in section 68 of this title. Amount of com- Sec. 72. When an injury is received by a workman engaged in any pensation
labor or service specified in section 67 of this title, and for which the employer is made liable as specified in section 71 hereof, then the measure and amount of compensation to be made by the emplover to such workman or his personal representative for such injuries, shall be as follows:
1. If the injury by accident does not result in death within six months For total disa: from the date of the accident, but does produce or result in total inca- bility; pacity of the workman for work at any gainful employment for more than two (2) weeks after the accident then the compensation to be made to such workman by his employer shall be a semimonthly payment commencing from the date of the accident and continuing during such total incapacity, of a sum equal to fifty (50) per centum of the workman's average semimonthly earnings when at work on full time during the preceding year, if he shall have been in the employment of of such employer for such length of time; but if not for a full year, then fiity (50) per centum of the average wages, whether semimonthly, weekly, or daily, being earned by such workman during the time he was at work for his employer before and at the time of the accident.
2. In case (1) the accident does not wholly incapacitate the work For partial diman from the same or other gainful employment; or (2) in case the ai
he ability; workman, being at first wholly incapacitated, thereafter recovers so as to be able to engage at labor in the same or other gainful employment, thereby earning wages, then in each case the amount of the semimonthly payment shall be one-half of the difference between the average earnings of the workman at the time of the accident determined as above provided, and the average amount he is earning or is capable of earning, thereafter, semimonthly in the same or other employment-it being the intent and purpose of this chapter, that the semimonthly payment shall not exceed, but equal, from time to time one-half the difference between the amount of average earnings ascertained as aforesaid at the time of the accident, and the average amount which the workman is earning, or is capable of earning, in the same or other employment or otherwise, after the accident, and at the time of such semimonthly payment. Such payments shall cease upon the workman recovering and earning, or being capable of earning, in the same or other gainful employment or otherwise, wages equal to the amount being earned at the time of the accident.
Provided, however, That the payments shall continue to be mado as herein determined to the workman so long as incapacity to earn wages in the same or other employment continues, but in no case sh.al the total amount of such payments as provided in subsections 1 and 2 of this section exceed four thousand ($1,000) dollars.
3. When the death of the workman results from the accident within For death. six months thereafter, and the workman, at the time of his death, leaves a widow, and a monor (minor) child, or children dependent on such workman's earnings for support and education, then the employer shall pay to the personal representative of the deceased workman for the exclusive benefit of such widow and child, or children, a sum equal to twenty-four hundred times one-half the daily wages or earn: ings of the decedent, determined as aforesaid, but in no event more than the sum of four thousand dollars ($4,000). Such sum shall be paid in lump and held in trust by such representative for such widow and children and applied by him to the support of the widow while she remains unmarried, and to the support and education of the children so long as necessary, and until eighteen (18) years of age, in such way and manner as to him shall seem best and just, under and in accordance with the directions of the court having jurisdiction of the estate of the decedent; any balance remaining unapplied at the closing of the estate of the decedent shall be distributed to the decedent's widow (if still his widow), and the children or next of kin, as provided by the law of descents. The personal representative may pay out of said fund the reasonable and necessary expenses of medical attendance and burial of the decedent. If the workman leaves no widow or child, or children, but a father or mother or sister dependent on him for support, then said sum shall be for their benefit to be applied as above provided. If the deceased workman leaves no widow, children, or other dependents, then the employer shall pay the reasonable expenses of medical attendance upon the decedent and also provide and secure his burial