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Sec. 4. Insomuch as industry should bear the greater portion of Bohedulo oi the burden of the cost of ita accidents, each employer shall, prior Premium rn,esto January 15th of each year, pay into the State treasury, in accordance with the following schedule, a sum equal to a percentage of his total pay roll for that year, to wit: (the same being deemed the most accurate method of equitable distribution of burden in proportion to relative hazard):
Tunnels; bridges; trestles; subaqueous works; ditches and canals
Iron, or steel frame structuresor parts of structures 080
Electric light or power plants or systems; telegraph or telephone
Steeples, towers or grain elevators, not metal framed; dry-
Steam heating plants; tanks, water towers or windmills, not
Shaft sinking 060
Concrete buildings; freight or passenger elevators; fireproofing
Excavations not otherwise specified; blast furnaces 040
Street or other grading; cable or electric street railways without
Ship or boat building or wrecking with scaffolds; floating docks. . 045
Carpenter work not otherwise specified 035
Installation of steam boilers or engines; placing wire in conduits;
Drilling wells; installing electrical apparatus or fire alarm
OPERATION (INCLUDING REPAIR WORK) OF—
(All combinations of materials take the higher rate when not otherwise provided).
Logging railroads; railroads; dredges; interurban electric rail-
Electric light or power plants; interurban electric railroads not
Street railways, all employees; telegraph or telephone systems;
Mines, other than coal; steam heating or power plants 025
Grain elevators; laundries; waterworks; paper or pulp mills; garbage works 020 FACTORIES U8INO POWEB-DRIVEN MACHINERY.
Stamping tin or metal 0.045
Bridge work; railroad car or locomotive making or repairing;
pile treating works 025
Excelsior; iron, steel, copper, zinc, brass or lead articles or wares
earthenware; porcelain ware; peat fuel; brickettes 020
Breweries; bottling works; boiler works; foundries; machine
shops not otherwise specified 020
Cordage; working in foodstuffs, including oils, fruits and vege-
rubber or textiles not otherwise specified 015
Making jewelry, soap, tallow, lard, grease, condensed milk 015
Creameries; printing; electrotyping; photo-engraving; engrav-
Stevedoring; longahorincr 030
Operating stock yards, with or without railroad entry; packing
Wharf operation; artificial ice, refrigerating or cold storage plants;
tanneries; electric systems not otherwise specified 020
Theater stage employees 015
Fire works manufacturing 050
Powder works 100
Aot la effect, The application of this act as between employers and workmen shall nen- date from and include the first day of October, 1911. The payment for
1911 shall be made prior to the day last named, and shall be preliminarily collected upon the pay roll of the last preceding three months of operation. At the end of each year an adjustment of accounts shall be made upon the basis of the actual pay roll. Any shortage shall be made good on or before February 1st, following. Every employer who shall enter into business at any intermediate day shall make his payment for the initial year or portion thereof before commencing operation; its amount shall be calculated upon his estimated pay roll, an adjustment shall be made on or before February 1st of the following year in the manner above provided, industry ao- For the purpose of such payments accounts shall be kept with each tunts. industry in accordance with the classification herein provided and no
class shall be liable for the depletion of the accident fund from accidents happening in any other class. Each class shall meet and be liable for the accidents occurring in such class. There shall be collected from each class as an initial payment into the accident fund as above specified on or before the 1st day of October, 1911, one-fourth of the premium of the next succeeding year, and one-twelfth thereof at the close of each month after December, 1911: Provided, Any class having sufficient funds credited to its account at the end of the first three months or any month thereafter, to meet the requirements of the accident fund, that class shall not be called upon for such month. In case of accidents occurring in such class after lapsed payment or payments said class shall pay the said lapsed or deferred payments commencing at the first lapsed pavment, as may be necessary to meet such requirements of the accident fund.
The fund thereby created shall be termed the "accident fund" Accident fund, which shall be devoted exclusively to the purpose specified for it in this act.
In that the intent is that the fund created under this section shall ultimately become neither more [n]or less than self-supporting, exclusive of the expense of administration, the rates in this section named are subject to future adjustment by the legislature, and the classifications to rearrangement following any relative increase or decrease of hazard Bhown by experience.
It shall be unlawful for the employer to deduct or obtain any part No deductions of the premium required by this section to be by him paid from the Irom w**ei' wages or earnings of his workmen or any of them, and the making or attempt to make any such deduction snail be a gross misdemeanor. If, after this act has come into operation, it is shown by experience under the act, because of poor or careless management, any establishment or work is unduly dangerous in comparison with other like establishments or works, the department may advance its classification of risks and premium rates in proportion to the undue hazard. In accordance with the same principle, any such increase in classification or premium rate, shall be subject to restoration to the schedule rate. Any such change in classification of risks or premium rates, or any cliange caused by change in the class of work, occurring during the year shall, at the time of the annual adjustment, be adjusted by the department in proportion to its duration in accordance with the schedule of this section. If, at the end of any year, it shall be seen that the contribution to the accident fund by any class of industry shall be less than the drain upon the fund on account of that class, the deficiency shall be made good to the fund on the 1st day of February of the following year by the employers of that class ln'proportion to their respective payments for the past year.
For the purposes of such payment and making good of deficit the particular classes of industry shall be as follows:
Class 1. Tunnels; sewer; shaft sinking; drilling wells. cla?!?s of ln"
Class 2. Bridges; millwrighting; trestles; steeples, towers or grain dustr"s
elevators not metal framed; tanks, water towers, windmills not metal
Class 3. Subaqueous works; canal other than irrigation or docks with or without blasting; pile driving; jetties; breakwaters; marine railways.
Class 4. House moving; house wrecking; safe moving.
Class 5. Iron or steel frame structures or parts of structures; fire escapes; erecting fireproof doors or shutters; blast furnaces; concrete chimneys; freight or passenger elevators; fire proofing of buildings; galvanized iron or tin work; marble, stone or brick work; roof work; slate work; plumbing work; metal smoke stack or chimneys; advertising signs; ornamental metal work in buildings; carpenter work not otherwise specified; marble, stone or tile setting; mantle setting; metal ceiling work; painting of buildings or structures; concrete laying in floors or foundations; glass setting; building hot houses; lathing; paper hanging; plastering; wooden stair building.
Class (i. Electric light and power plants or system; telegraph or telephone systems; cable or electric railways with or without rock work or blasting; waterworks or systems; steam heating plants; gas works or systems; installation of steam boilers or engines; placing wires in conduits; installing dynamos; putting up belts for machinery; installation of automatic sprinklers; covering steam pipes or boilers; installation of machinery not otherwise specified; installing electrical apparatus or fire alarm systems in buildings; house heating or ventilating systems.
Class 7. Steam railroads; logging railroads.
Class 8. Road making; street or other grading; concrete laying in street paving; asphalt laying.
Class 9. Ship or boat building with scaffolds; shipwrighting; ship or boat rigging; floating docks.
OPERATION (INCLUDING REPAIR WORK) OF.
Class 10. Logging; sawmills; shingle mills; lath mills; niasta and spars with or without machinery.
Class 12. Dredges; dry or floating docks.
Class 13. Electric light or power plants or systems; steam heat or power plants or systems; electric systems not otherwise specified, ('lass 14. Street railways.
Class 15. Telegraph systems; telephone systems.
Class 17. Quarries; stone crushing; mines other than coal.
Class 18. Blastfurnaces; smelters; rolling mills.
Class 19. Gas. works.
Class 20. Steamboats; tugs; ferries.
Class 21. Grain elevators.
Class 22. Laundries.
Class 23. Waterworks.
Class 24. Paper or pulp mills.
Class 25. Garbage works; fertilizer.
FACTORIES (U8I.NO POWER-DRIVEN MACHINERY).
Class 2G. Stamping tin or metal.
Class 27. Bridge work; making steam shovels or dredges; tanks; water towers.
Class 28. Railroad car or locomotive making or repairing.
Class 29. Cooperage; staves; veneer; box; parking cases; sashf,] door or blinds; barrel; keg; pail; basket; tub; wood ware or wood fiber ware; kindling wood; excelsior; working in wood not otherwise specified.
Class 30. Asphalt.
Class 31. Cement; stone with or without machinery; building ma-
Class 34. Iron, steel, copper, zinc, brass or lead articles or wares; hardware; boiler works; foundries; machine shops not otherwise specified.
Class 35. Tile; brick; terra cotta; fire clay; pottery; earthenware; porcelain ware.
Class 36. Peat fuel; brickettes.
Class 37. Breweries; bottling works.
Class 38. Cordage; working in wool, cloth, leather, paper, brush, rub-
Class 41. Printing; electrotyping; phuto-engraving; engraving; lithographing; making jewelry.
Class 42. Stevedoring; longshoring; wharf operation.
Class 43. Stockyards; packing houses; making soap, tallow, lard, grease; tanneries.
Class 44. Artificial ice, refrigerating or cold-storage plants.
Class 45. Theater stage employees.
Class 46. Fireworks manufacturing; powder works.
Class 47. Creosoting works; pile treating works, claims in same if a single establishment or work comprises several occupations establishment. ]jste,i ijjg gection in different risk classes, the premium shall be computed according to the pay roll of each occupation if clearly separable; otherwise an average rate of premium shall be charged for the entire establishment, taking into consideration the number of employees and the relative hazards. If an employer besides employing workmen in extra hazardous employment shall also employ workmen in cmplovments not extra hazardous the provisions of this act shall apply only to the extra hazardous departments and employments and the workmen employed therein. In computing the pay roll the entire compensation received by every workman employed in extra hazardous employment shall bo included, whether it be in the form of salary, wage, piecework, overtime, or any allowance in the way of profit sharing, premium or otherwise, and whether payable in money, board, or otherwise.
Sec. 5. (As amended by Chapter 148, Acta of 1913). Each work- Compensation, man who shall be injured whether upon the premises or at the plant or, he being in the course of his employment, away from the plant of his employer, or his family or dependents in case of death of the workman, shall receive out of the accident fund compensation in accordance with the following schedule, and, except as in this act otherwise provided, such payment shall be in lieu of any and all rights of action whatsoever against any person whomsoever.
(a) Where deatli results from the injury the expenses of burial shall Death, be paid in all cases, not to exceed $75 in any case, and
(1) If the workman leaves a widow or invalid widower, a monthly payment of twenty dollars ($20) shall be made throughout the life of the surviving spouse, to cease at the end of the month in which remarriage shall occur; and the surviving spouse shall also receive five dollars ($5) per month for each child of the deceased under the age of sixteen years at time of the occurrence of the injury until such minor child shall reach the age of sixteen years, but the total monthly payment under this paragraph (1) of subdivision (a) shall not exceed thirty-five dollars ($35). Upon remarriage of a widow she shall receive, once and for all, a lump sum equal to twelve times her monthly allowance, viz: the sum of two hundred and forty dollars ($240), but the monthly payment for the child or children shall continue as before.
(2) If the workman leaves no wife or husband, but a child or children under the age of sixteen years, a monthly payment of ten dollars ($10) shall be made to each such child until such child shall reach the age of sixteen years, but the total monthly payment shall not exceed thirtyfive dollars ($35), and any deficit shall be deducted proportionately among the beneficiaries.
(3) If the workman leaves no widow, widower, or child under the age of sixteen years, but leaves a dependent or dependents, a monthly payment 6hall be made to each dependent equal to fifty per cent of the average monthly support actually received by such dependent from the workman during the twelve months next preceding the occurrence of the injury, but the total payment to all dependents in any case shall not Exceed twenty dollars ($20) per month. If any dependent is under the age of sixteen years at the time of the occurrence of the injury, the payment to such dependent shall cease when such dependent shall reach the age of sixteen years. The payment to any dependent shall cease if and when, under the same circumstances, the necessity creating the dependency would have ceased if the injury
If the workman is under the age of twenty-one years and unmarried at the time of his death, the parents or parent of the workman shall receive twenty dollars ($20) per month for each month after his death until the time at which he would have arrived at the age of twentyone years.
(4) In the event a surviving spouse receiving monthly payments shall die, leaving a child or children under the age of sixteen years, the sum he or she shall be receiving on account of such child or children shall be thereafter, until such child shall arrive at the age of sixteen years, paid to the child increased 100 per cent, but the total to all children shall not exceed the sum of thirty-five dollars ($35) per month.
(b) Permanent total disability means the loss of both legs or both hiXotal dlsa' arms, or one leg and one arm, total loss of eyesight, paralysis or other ycondition permanently incapacitating the workman from performing any work at any gainful occupation.
When permanent total disability results from the injury the work- Permanent, man shall receive monthly during the period of such disability:
(1) If unmarried at the timeof the injury, the sum-of twenty dollars ($20).
(2) If the workman have a wife or invalid husband, but no child under the age of sixteen years, the sum of twenty-five dollars ($25). If the husband is not an invalid, the monthly payment of twenty-five doll are ($25) shall be reduced to fifteen dollars ($15).