« ForrigeFortsett »
any suit brought upon such cause of action the defenses withdrawn by section 15 hereof from employers electing not to contribute hereunder shall be inadmissible. Any such cause of action assigned to the commission may be prosecuted or compromised by it in its discretion. Any compromise by an individual claimant under this section which would result in a deficiency to be made good out of the Accident Fund
may be made only upon the written approval of the commission. Failure to pro- SEC. 25. If any workman shall sustain an injury which the commisvide safety de- sion shall determine to have been caused in whole or in part by the vices.
failure of his employer to install or maintain any safety appliance, device or safeguard required by statute, such workman, or, if such injury result in death, then the husband, wife, child or dependent of such workman, shall have the same rights against such employer as in the case of an employer defaulting in payments due hereunder, and all of the provisions of the preceding section shall apply with respect to such claim, provided in case the workman or his beneficiary proceeds against
the employer he shall have no claim against the Accident Fund. Payments ex Sec. 26. No moneys payable on account of injuries or death hereunder empt.
shall be subject to assignment prior to the receipt thereof by the beneficiary entitled thereto, nor shall the same pass by operation of law. All moneys paid or payable hereunder and the right to receive the same shall be exempt from seizure on execution, attachment or garnishment,
or by the process of any court. Filing claims. Sec. 27. "(a) Where a workman is entitled to compensation under
this act he shall file with the commission his application for such,
together with the certificate of the physician who attended him, and Puty of phy- it shall be the duty of the physician to inform the injured workman sician.
of his rights under this act, and to lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the commission, without charge to the workman.
(b) Where death results from injury, the parties entitled to compensation under this act, or some one in their behalf, shall make application for the same to the commission, which application must be accompanied with proof of death and proof of relationship showing the parties to be entitled to compensation under this act, certificates of attending physician, if any, and such other proof as required by the rules of the commission.
(c) If change of circumstances warrant an increase or rearrangement of compensation, like application shall be made therefor. No increase or rearrangement shall be operative for any period prior to application
therefor. Limitation. (d) No application shall be valid or claim thereunder enforceable
unless filed within one year after the day upon which the injury
occurred or the right accrued. Medical exami- Sec. 28. Any workman entitled to receive compensation under this nations.
act is required, if requested by the commission, to submit himself for medical examination at a time and from time to time at a place reasonably convenient for the workman and as may be provided by the rules of the commission. If the workman refuses to submit to any such examination, or obstructs the same, his rights to monthly payments shall be suspended until such examination has taken place, and no com
pensation shall be payable during or for account of such period. Accidents to be
SEC. 29. Whenever any accident occurs to any workman it shall be reported.
the duty of the employer to at once report such accident and the injury resulting therefrom to the commission, and also to any local representative of the commission. Such report shall state
1. The time, cause and nature of the accident and injuries, and the probable duration of the injury resulting therefrom.
2. Whether the accident arose out of or in the course of the injured person's employment.
3. Any other matters the rules and regulations of the commission
may prescribe. Employer's SEC. 30. The books, records and pay rolls of the employer pertinent
to the administration of this act shall always be open to inspection by the commission or its traveling auditor, agent or assistant, for the purpose of ascertaining the correctness of the pay roll, the men employed, and such other information as may be necessary for the commission
and its management under this act. Refusal on the part of the employer to report accidents or to submit said books, records and pay roll for such inspection to any member of the commission, or any assistant presenting written authority from the commission, shall subject the offending employer to a penalty of one hundred dollars ($100) for each offense, to be collected by civil action in the name of the State and paid into the Accident Fund, and the individual who shall personally give such refusal shall be guilty of a misdemeanor.
Sec. 31. Any employer and his workman engaged in works other Employers outthan those defined in section 13 hereof may accept the provisions of side
side of act. this act and become subject thereto and entitled to the benefits thereof by filing with the commission their written election to that effect.
Sec. 32. Any employer, workman, beneficiary or person feeling Appeals to aggrieved by any decision of the commission affecting his interests cou under this act may have the same reviewed by a proceeding in the nature of an appeal and initiated in the circuit court of the county in which the accident occurred, or in which he resides, and such appeal shall have precedence over all other cases except criminal cases, and the court shall determine whether the commission has justly considered all the facts concerning injury, whether it has exceeded the powers granted it by this act, whether it has misconstrued the law and facts applicable in the case decided. If the court shall determine that the commission has acted within its powers and has correctly construed the law and facts the decision of the commission shall be confirmed; otherwise, it shall be reversed or modified. Upon the hearing of such an appeal the court in its discretion may submit to a jury any question of fact involved in such an appeal. The proceedings in every such appeal shall be informal and summary, but full opportunity to be heard shall be had before judgment is pronounced." No such appeal shall be entertained unless notice of appeal shall have been served by mail or personally upon some member of the commission within thirty days following the rendition of the decision appealed from and actual communication thereof to the person affected thereby. No bond shall be required except that an appeal by the employer from a decision of the commission under section 25 shall be ineffectual unless within five days following the service of notice thereof a bond with surety satisfactory to the court shall be filed, conditioned to perform the judgment of the court. Except in the case last named an appeal shall not be a stay. If the decision of the commission shall be reversed or modified the fees of the medical and other witnesses and the costs shall be paid out of the Industrial Accident Fund if the Industrial Accident Fund is affected by the litigation. In other respects the practice in civil cases shall apply. Appeal shall lie from the judgment of the circuit court as in other civil cases. The attorney general shall be the legal adviser of the commission and shall represent it in all proceedings whenever so required by any of the commissioners. In all court proceedings under or pursuant to this act the decision of the commission shall be prima facie correct and the burden of proof shall be upon the party attacking same. Sec. 33. Disbursements out of the funds shall be made only upon Warrants for
disbursements. warrants drawn by the secretary of state upon vouchers therefor transmitted to him by the commission and audited by him. The State treasurer shall, to such extent as shall appear to him to be advisable, keep the moneys of the unsegregated portion of the Accident Fund invested at interest in the class of securities authorized for the investment by banks of savings deposits under the laws of this State. The State treasurer shall be liable on his official bond for the safe custody of the moneys and securities of the Accident Fund and the Segregated Accident Fund.
SEC. 34. Nothing in this act shall be deemed to abrogate the rights Employers' of the employee under the present employers' liability law, in all cases liah
Sed liability law. where the employee, under this act, is given the right to bring suit against his employer for an injury.
Filed in the office of the secretary of state, Feb. 25, 1913.
30597—Bull. 126—14— 25
ACTS OF 1912.
CHAPTER 831.—Com pensation of workmen for injuries.
ABROGATION OF REMEDIES AND DEFENSES.
Defensos SECTION 1. In an action to recover damages for personal injury susabrogated.
tained by accident by an employee arising out of and in the course of his employment, or for death resulting from personal injury so sustained, it shall not be a defense: (a) That the employee was negligent; (b) That the injury was caused by the negligence of a fellow employee;
c) That the employee has assumed the risk of the injury. Exemptions. SEC. 2. The provisions of this act shall not apply to actions to recover
damages for personal injuries, or for death resulting from personal injuries, sustained by employees engaged in domestic service or agri
culture. Small em- SEC. 3. The provisions of this act shall not apply to employers who ployers.
employ five or less workmen or operatives regularly in the same business, but such employers may, by complying with the provisions of
section 5 of this article become subject to the provisions of this act. Effect of elec. SEC. 4. The provisions of section 1 of this article shall not apply to tion by em. actions to recover damages for personal injuries, or for death resulting ployers.
from personal injuries, sustained by employees of an employer who has elected to become subject to the provisions of this act, as provided in
section 5 of this article. Election made, Sec. 5. Such election on the part of the employer shall be made by how.
filing with the commissioner of industrial statistics a written statement to the effect that he accepts the provisions of this act, and by giving reasonable notice of such election to his workmen, by posting and keeping continuously posted copies of such statement in conspicuous places about the place where his workmen are employed, the filing of which statement and the giving of which notice shall operate to sub
ject such employer to the provisions of this act and all acts amendatory Term.
thereof for the term of one year from the date of the filing of such statement, and thereafter, without further act on his part, for successive terms of one year, each, unless such employer shall, at least sixty days prior to the expiration of such first or any succeeding year, file with said commissioner a notice in writing to the effect that he desires to withdraw his election to be subject to the provisions of this act and shall give reasonable notice to his workmen as above provided. Blank forms of election and withdrawal as herein provided, shall be fur
nished by said commissioner. Election by Sec. 6. An employee of an employer who shall have elected to beemployees.
come subject to the provisions of this act as provided in section 5 of .this article shall be held to have waived his 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, and within ten days thereafter filed a copy thereof with the commissioner of industrial statistics, or, if the contract of hire was made before the employer so elected, if the employee shall not have given the said notice and filed the same with said commissioner within ten days after notice by the employer, as above provided, of such election; and such waiver shall continue in force for the term of one year, and thereafter without further act on his part, for successive terms of one year, each, unless such employee shall at least sixty days prior to the expiration of such first or any succeeding year. file with the said commissioner a notice in writing to the effect that he desires to claim his said right of action at common law and within
ten days thereafter shall give notice thereof to his employer. A Minors. minor working at an age legally permitted under the laws of this State
shall be deemed sui juris for the purpose of this act and no other person shall have any cause of action or right to compensation for an injury to such minor employee except as expressly provided in this act; but if said minor shall have a parent living or a guardian, such parent or guardian, as the case may be, may give the notice and file a copy of the same as herein provided by this section, and such notice shall bind the minor in the same manner that adult employees are bound under the provisions of this act. In case no such notice is given, such minor shall be held to have waived his right of action at common law to recover Waivor of damages for personal injuries. Any employee, or the parent or guar
rights. dian of any minor employee, who has given notice to the 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 the delivery to the employer or his agent.
Sec. 7. The right to compensation for an injury, and the remedy Remedies extherefor granted by this act, shall be in lieu of all rights and remedies al
clusive. as to such injury now existing, either at common law or otherwise; and such rights and remedies shall not accrue to employees entitled to compensation under this act while it is in effect.
SECTION 1. If an employee who has not given notice of his claim of Payments duo, common law rights of action or who has given such notice and has when waived the same, as provided in section 6 of Article I, receives a personal injury by accident arising out of and in the course of his employment, he shall be paid compensation, as hereinafter provided, by the employer who shall have elected to become subject to the provisions of this act.
SEC. 2. No compensation shall be allowed for the injury or death of Willful injuries an employee where it is proved that his injury or death was occasioned or into
or intoxication. by his wilful (williul] intention to bring about the injury or death of himself or of another, or that the same resulted from his intoxication while on duty.
Sec. 3. Contingent fees of attorneys for services under this act shall Attorneys' fees. be subject to the approval of the superior court.
Sec. 4. No compensation except as provided by section 12 of this Waiting time. article 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 such incapacity extends beyond the period of two weeks, compensation shall begin on the fifteenth day after the injury.
SEC. 5. During the first two weeks after the injury the employer shall, Medical and furnish reasonable medical and hospital services, and medicines when hospital se they are needed, the amount of the charge for such services to be fixed, in case of the failure of the employer and employee to agree, by the superior court.
Sec. 6. If death results from the injury, the employer shall pay the Compensation dependents of the employee wholly dependent upon his earnings for in case of death. support at the time of his injury a weekly payment equal to one-half his average weekly wages, earnings, or salary, 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: Provided, however, That, if the dependent of the employee to whom the compensation shall be payable upon his death is the widow of such employee, upon her death the compensation thereafter payable under this act shall be paid to the child or children of the deceased employee, including adopted and stepchildren, under the age of eighteen years, or over said age, but physically or mentally incapacitated from earning, dependent upon the widow at the time of her death. In case there is more than one child thus dependent, the compensation shall be divided equally among them. If the employee leaves dependents only partly dependent upon his earnings for support at the time of his injury, the employer shall pay such dependents for a period of three hundred weeks from the date of the injury a weekly compensation equal to the same proportion of the weekly payments herein provided for the benefit of persons wholly dependent as the amount contributed annually by the employee to such partial dependents bears to the annual earnings of the deceased at the time of 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 oi the injury: Provided, however, That, if the deceased leaves no dependents at the time of the injury, the employer shall not be liable to pay compensation under this act except as specifically provided in section 9
of this article. Dependents. Sec. 7. The following persons shall be conclusively presumed to be
wholly dependent for support upon a deceased employee:
(a) A wile upon a husband with whom she lives or upon whom she is dependent at the time of his death.
(b) A husband upon a wife with whom he lives or upon whom he is dependent at the time of her death.
(c) A child or children, including adopted and stepchildren, 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 or upon whom he or they are dependent 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 compensation hereunder shall be divided equally among them.
In all other cases questions of entire or partial dependency shall be determined in accordance with the fact as the fact may have been at the time of the injury. In such other cases, if there is more than one person wholly dependent, the compensation shall be divided equally among them, and persons partly dependent, if any, shall receive no part thereof during the period in which compensation is paid to persons wholly dependent. If there is no one wholly dependent and more than one person partly dependent, the compensation shall be divided
among them according to the relative extent of their dependency. Persons not Sec. 8. No person shall be considered a dependent unless he is a dependent.
member of the employee's family or next of kin, wholly or partly dependent upon the wages, earnings or salary of the employee for support
at the time of the injury. Persons with Sec. 9. If the employee dies as a result of the injury leaving no deout dependents.
pendents at the time of the injury, the employer shall pay, in addition to any compensation provided for in this act the reasonable expense of his last sickness and burial, which shall not exceed two hundred
dollars. Total disability. Sec. 10. While the incapacity for work resulting from the injury is
total, the employer shall pay the injured employee a weekly compensation equal to one-half his average weekly wages, earnings, or salary, 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 from the date of the injury. In the following cases it shall, for the purposes of this section, be conclusively presumed that the injury resulted in permanent total disability, to wit: The total and irrevocable loss of sight in both eyes, the loss of both feet at or above the ankle, the loss of both hands at or above the wrist, the loss of one hand and one foot, and injury to the spine, resulting in permanent and complete paralysis of the legs or arms, and an injury to the
skull, resulting in incurable imbecility or insanity.
disa. Sec. 11. While the incapacity for work resulting from the injury is bility.
partial, the employer shall pay the injured employee a weekly compensation equal to one-half the difference between his average weekly wages, earnings, or salary, before the injury and the average weekly wages, earnings or salary 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. Specific in- Sec. 12. In case of the following specified injuries the amounts named juries.
in this section shall be paid in addition to all other compensation provided for in this act:
(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 entire and irrecoverable loss of the sight of both eyes, one-half of the average weekly wages, earnings, or salary, of the injured person, but not more than ten dollars nor less than four dollars a week, for a period of one hundred weeks.