« ForrigeFortsett »
burial expenses not less than seventy-five dollars nor more than one hundred dollars.
And the contract or policy therein referred to may provide for the payment, instead of a lump sum, of a weekly sum which, in the case of persons wholly dependent, shall not be less than the weekly payment in case of total disability hereinafter provided for, and which, in case of persons partly dependent, shall not be less than the weekly payment in case of total disability, less the amounts earned by the persons partly dependent, and which sum may be divided between the dependent in such a manner as such contract or policy may provide or as may otherwise be agreed upon; or such contract or policy may provide for a combination of lump sums, weekly payment, or for the
substitute of one for the other. Nonfatalin (II) In case of injury not resulting in death, when total disability juries.
results from the injury, a weekly payment during the period of such disability shall be paid to the insured, which shall not be less than fifty per cent of his average weekly wages during the previous twelve months, if he has been so long employed by the contracting employer; if not, then a weekly benefit during such shorter period as he has been in the employment of said employer.
(III) In case of injury not resulting in death, where partial disability results, such weekly payments shall be made during the period of such partial disability as is equal to the difference between the weekly benefit payment, during the period of total disability and the average amount which the injured person is able to earn after the accident.
Loss by actual separation at or above the wrist or ankles of both hands or both feet, or of one hand and one foot, or the irrevocable loss of both eyes, shall be deemed to be equal to total disability.
The loss by actual separation at or above the wrist or ankle of one hand or foot shall be equal to one-half of total disability, and the loss of one eye shall be equal to one-fifth of total disability. Total disability shall be deemed to mean inability to carry on any gainful occupation.
The contract or policy herein referred to may provide that no benefits shall be paid in case of any injury which does not incapacitate the employee for a period of at least one week from earning full wages at the
work at which he was employed at the time of the accident. Contributions. Sec. 6. Any contract in order to satisfy the requirements of this act
shall provide that the employer shall contribute not less than fifty per cent of the insurance premiums and the employees shall contribute the remainder of the premiums.
In case the employer provides any insurance fund out of contributions made by himself and his own employees as above provided, such employer shall pay the whole of the expenses of the management of such fund, and all contributions shall be paid into such fund without
any deduction by reason of such expense. Notice of acci Sec. 7. The contract may provide that upon penalty of forfeiture of dents.
the benefits of the insurances, the employee shall give reasonable and timely notice to his employer, to be fixed by the terms of this contract, of any accident which may entitle him to the benefit of such insurance; and that he shall submit himself to medical examination as required by
the employer at the employer's expense. Deductions Sec. 8. The contract may provide that the premium payable by the from wages.
employees shall be deducted from their wages.
An employer who shall willfully and feloniously appropriate the amounts so deducted from the wages to any use other than the payment of insurance premium as stipulated in the contract, shall be guilty of embezzlement and shall be punished accordingly.
Sec. 9. The contract between the employer and employee may provide that the insurance premiums shall be paid into the hands of a treasurer to be elected or appointed by the employees or by the employer and the employees in such manner and under such voting arrangement as the contract may specify.
The payment of the premiums to the treasurer shall relieve the employer, and the penalty above prescribed for misappropriation of the funds required to be applied to insurance shall apply to such treasurer.
Sec. 10. In case of nonpayment of the premiums within one month Nonpayment of after the same are payable, the insurance company shall within two premiums. months after the expiration of such month send notice of such default by mail to the insured and to the insurance commissioner of the State.
The insurance policy or contract between the employer and employee may specify a shorter period than the one herein provided for.
Until the required notice shall have been sent, the policy shall not be forfeited for nonpayment of the premium.
Sec. 11. The employer may also advance the premiums of insurance Advances by for such number of employees and at such rates as may be agreed upon employers. between him and the insurance company, and may thereupon be supplied by the insurance company with blank policies to be filled in by him with name of any beneficiary under the provisions of this act, and to be executed by him as agent of such company, and he may thereupon reimburse himself for the amounts payable by the employee by deducting the same from the wages of such employee.
Sec. 12. Such contract may provide that upon termination of his Termination of employment from any cause whatever the employee and his dependent contracts. shall cease to be entitled to the benefits of such insurance except as regards accidents occurring before the termination of his employment.
Sec. 13. Such contract may provide that any controversy regarding Disputes. the extent of disability or the extent of dependency, or any controversy between dependents as to the amounts payable to them respectively. shall be settled by arbitration, the arbitrations arbitrators) to be named by mutual consent of the parties; and should the parties fail to agree upon an arbitrator, then the arbitrator to be named by a judge of the circuit court of the county or city of Baltimore in which the accident happened, and the award of such arbitrator shall be binding upon both employee or his dependents, as the case may be.
Sec. 14. Any insurance paid in accordance with the provisions of this Exemption act shall not be liable to attachment by trustee, garnishee or other,
ment, etc. process, and shall not be seized, taken, appropriated or applied by any legal or equitable process or by operation of law, to pay any debt or liability of the insured or any beneficiarv, nor shall any claim to insurance money be assignable by payee before the same is paid.
SEC. 15. A contract of insurance in pursuance of the terms of this act Failure to shall not relieve the employer from liability for any accident directly supply safeguards. due to his failure to supply any safeguard required to be provided for the protection of employees, by or pursuant to any statute or ordinance, or any regulation under any statute or ordinance, unless it shall have been impossible to comply with such requirement by the time the accident happened, or unless the enforcement thereof has been suspended or (on) order of a court of competent jurisdiction.
Sec. 16. Every employer shall file with the insurance commissioner Forms to be a copy of the form of contract and policy which he shall use under the fled. provisions of this act, and in the event of such form being departed from in any particular case shall also file a copy of such particular contract.
If he shall fail to do so, he shall be liable to a penalty of fifty dollars in each case, to be recovered in an action of debt in the name of the . State.
Sec. 17. A quarterly report of all settlement and payment of insurance Quarterly rebenefits shall be filed by the employer with the insurance commissioner. ports. If such employer shall fail to make such report in thirty days after demand by insurance commissioner, he shall be liable to a penalty of fifty dolars (dollars), to be recovered in an action of debt in the name of the State.
Sec. 18. The insurance commissioner shall prepare blanks of contract Blanks. and policy complying with the provisions of this act, and shall distrib-. ute the same, upon application, free of charge. Sec. 19. Nothing in this act contained shall be construed as author- Contracts not
to be condition of izing any employer, any officer or agent of such employer to require any
y employment. employee or any person seeking employment, as a condition of such employment or of the continuance of such employment, to enter into a contract, or to continue in such contract, such as is authorized to be made by section 1 of this act.
Sec. 21. This act shall take effect and be in force from the date of its Act in effect. passage.
Approved April 15, 1912.
ACTS OF 1911.
CHAPTER 751.--Compensation for injured employees—State insurance
MODIFICATION OF REMEDIES.
Suits for SECTION 1. In an action to recover damages for personal injury susdamages.
abro, tained by an employee in the course of his employment, or for death Defenses abro. km gated.
resulting from personal injury so sustained, it shall not be a defense:
1. That the employee was negligent;
2. That the injury was caused by the negligence of a fellow employee;
3. That the employee had assumed the risk of the injury. Farm laborers, Sec. 2. The provisions of section one shall not apply to actions to etc.
recover damages for personal injuries sustained by domestic servants
and farm laborers. Employees of Sec. 3. The provisions of section one shall not apply to actions to subscribers
to recover damages for personal injuries sustained by employees of a subassociation.
SEC. 4. The provisions of sections one hundred and twenty-seven to one hundred and thirty-five, inclusive, and of one hundred and fortyone to one hundred and forty-three, inclusive, of chapter five hundred and fourteen of the acts of the year nineteen hundred and nine, and of any acts in amendment thereof, shall not apply to employees of a sub
scriber while this act is in effect. Presumption Sec. 5. An employee of a subscriber shall be held to have waived his of waiver.
right of action at common law to recover damages for personal injuries if he shall not have given his employer, at the time of his contract of hire, notice in writing that he claimed such right, or if the contract of hire was made before the employer became a subscriber, if the employee shall not have given the said notice within thirty days of notice of such subscription. An employee who has given notice to his employer that he claimed his right of action at common law may waive such claim by a notice in writing which shall take effect five days after it is delivered to the employer or his agent.
Compensation SECTION 1. If an employee who has not given notice of his claim of payable, when,
common law rights of action, as provided in Part I, section five, or who has given such notice and has waived the same, receives a personal injury arising out of and in the course of his employment, he shall be paid compensation by the association, as hereinafter provided, if his
employer is a subscriber at the time of the injury. Misconduct. Sec, 2. If the employee is injured by reason of his serious and will
sul misconduct, he shall not receive compensation. Double com- SEC.3 (as amended by Chapter 571, Acts of 1912). If the employee is pensation.
injured by reason of the serious and willful misconduct of a subscriber or of any person regularly entrusted with and exercising the powers of superintendence, the amounts of compensation hereinafter provided shall be doubled. In such case the subscriber shall repay to the association the extra compensation paid to the employee. If a claim is made under this section the subscriber shall be allowed to appear and
defend against such claim only. Waiting time.
Sec. 4. No compensation shall be paid under this act for any injury which does not incapacitate the employee for a period of at least two weeks from earning full wages, but if incapacity extends beyond the period of two weeks, compensation shall begin on the fifteenth day
after the injury. Medical, etc., SEC. 5. During the first two weeks after the injury, the association
shall furnish reasonable medical and hospital services, and medicines when they are needed.
Sec. 6. If death results from the injury, the association shall pay the Death benefits. dependents of the employee, wholly dependent upon his earnings for support at the time of the injury, a weekly payment equal to one-half his average weekly wages, but not more than ten dollars nor less than four dollars a week, for a period of three hundred weeks from the date of the injury. If the employee leaves dependents only partly dependent upon his earnings for support at the time of his injury, the association shall pay such dependents a weekly compensation equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as the amount contributed by the employee to such partial dependents bears to the annual earnings of the deceased at the time of his injury. When weekly payments have been made to an injured employee before his death, the compensation to dependents shall begin from the date of the last of such payments, but shall not continue more than three hundred weeks from the date of the injury.
Sec. 7. The following persons shall be conclusively presumed to be Dependents. wholly dependent for support upon a deceased employee:
(a) A wife upon a husband with whom she lives at the time of his
(b) A husband upon a wife with whom he lives at the time of her death.
(c) A child or children under the age of eighteen years (or over said age, but physically or mentally incapacitated from earning) upon the parent with whom he is or they are living at the time of the death of such parent, there being no surviving dependent parent. In case there is more than one child thus dependent, the death benefit shall be divided equally among them.
In all other cases questions of dependency, in whole or in part, shall be determined in accordance with the fact, as the fact may be at the time of the injury; and in such other cases, if there is more than one person wholly dependent, the death benefit shall be divided equally among them, and persons partly dependent, if any, shall receive no part thereof; if there is no one wholly dependent and more than one person partly dependent, the death benefit shall be divided among them according to the relative extent of their dependency.
Sec. 8. If the employee leaves no dependents, the association shall No dependents. pay the reasonable expense of his last sickness and burial, which shall not exceed two hundred dollars.
Sec. 9. While the incapacity for work resulting from the injury is Incapacity. total, the association shall pay the injured employee a weekly compensation equal to one-half his average weekly wages, but not more than ten dollars nor less than four dollars a week; and in no case shall the period covered by such compensation be greater than five hundred weeks, nor the amount more than three thousand dollars. Sec. 10. While the incapacity for work resulting from the injury is Partial inca
pacity. partial, the association shall pay the injured employee a weekly compensation equal to one-half the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than ten dollars a week; and in no case shall the period covered by such compensation be greater than three hundred weeks from the date of the injury.
Sec. 11 (as amended by Chapter 696, Acts of 1913). In case of the fol- Specific injuries. lowing specified injuries the amounts hereinafter named shall be paid in addition to all other compensation:
(a) For the loss by severance of both hands at or above the wrist, or both feet at or above the ankle, or the loss of one hand and one foot, or the reduction to one-tenth of normal vision in both eyes with glasses, one-half of the average weekly wages of the injured person, but not more than ten dollars nor less than four dollars a week, for a period of one hundred weeks.
(6) For the loss by severance of either hand at or above the wrist, or either foot at or above the ankle, or the reduction to one tenth of normal vision in either eye with glasses, one half the average weekly wages of the injured person, but not more than ten dollars nor less than four dollars a week, for a period of fifty weeks.
(c) For the loss by severance at or above the second joint of two or more fingers, including thumbs, or toes, one half the average weekly
wages of the injured person, but not more than ten dollars nor less than four dollars a week, for a period of twenty-five weeks.
(d) For the loss by severance of at least one phalange of a finger, thumb, or toe, one half the average weekly wages of the injured person, but not more than ten dollars nor less than four dollars a week, for a period of twelve weeks.
(e) The additional amounts provided for in this section in case of the loss of a hand, foot, thumb, finger or toe shall also be paid for the number of weeks above specified, in case the injury is such that the hand, foot, thumb, finger or toe is not dost but is so injured as to be perma
nently incapable of use. Insurance not Sec. 12. No savings or insurance of the injured employee, indeconsidered.
pendent of this act, shall be taken into consideration in determining the compensation to be paid hereunder, nor shall benefits derived from any other source than the association be considered in fixing the com
pensation under this act. Payee.
Sec. 13. The compensation payable under this act in case of the death of the injured employee shall be paid to his legal representative; or, if he has no legal representative, to his dependents; or, if he leaves no dependents, to the persons to whom payment of the expenses for the last sickness and burial are due. If the payment is made to the legal representative of the deceased employee, it shall be paid by him
to the dependents or other persons entitled thereto under this act. Incompetent Sec. 14. If an injured employee is mentally incompetent or is a
minor at the time when any right or privilege accrues to him under this act, his guardian or next friend may in his behalf claim and exer
cise such right or privilege. Xotice.
SEC. 15. No proceedings for compensation for an injury under this act shall be maintained unless a notice of the injury shall have been given to the association or subscriber as soon as practicable after the happening thereof, and unless the claim for compensation with respect to such injury shall have been made within six months after the occurrence of the same; or, in case of the death of the employee, or in the event of his physical or mental incapacity, within six months after
death or the removal of such physical or mental incapacity. Forin.
Sec. 16 (as amended by Chapter 571, Acts of 1912). The said notice shall be in writing, and shall state in ordinary language the time, place and cause of the injury, and shall be signed by the person injured, or by a person in his behalf, or, in the event of his death, by his legal representative or by a person in his behalf, or by a person to whom payments may be due under this act or by a person in his behalf. Any form of written communication signed by any person who may give the notice as above provided, which contains the information that the person has been so injured, giving the time, place and cause of the
injury, shall be considered a sufficient notice. Service.
Sec. 17. The notice shall be served upon the association, or an officer or agent thereof, or upon the subscriber, or upon one subscriber, if there are more subscribers than one, or upon any officer or agent of a corporation if the subscriber is a corporation, by delivering the same to the person on whom it is to be served, or leaving it at his residence or place of business, or by sending it by registered mail addressed to the person or corporation on whom it is to be served, at his last known
residence or place of business. Sufficiency. Sec. 18. A notice given under the provisions of this act shall not be
held in valid or insufficient by reason of any inaccuracy in stating the time, place or cause of the injury, unless it is shown that it was the intention to mislead and the association was in fact misled thereby. Want of notice shall not be a bar to proceedings under this act, if it be shown that the association, subscriber, or agent had knowledge of the
injury. Medical exami. SEC. 19 (as amended by Chapter 571, Acts of 1912). After an emnations.
ployee has received an injury, and from time to time thereafter during the continuance of his disability he shall, if so requested by the association or subscriber, submit himself to an examination by a physician or surgeon authorized to practice medicine under the laws of the Commonwealth, furnished and paid for by the association or subscriber. The employee shall have the right to have a physician provided and