FACTORIES USING POWER-DRIVEN MACHINERY. Stamping tin or metal.. Excelsior; iron, steel, copper, zinc, brass or lead articles or wares Cordage; working in foodstuffs, including oils, fruits and vege- Making jewelry, soap, tallow, lard, grease, condensed milk. 0.045 025 .020 .020 .015 .015 .015 MISCELLANEOUS WORK. Stevedoring; longshoring. .030 Operating stock yards, with or without railroad entry; packing .025 Wharf operation; artificial ice, refrigerating or cold storage plants; . 020 .015 .050 . 100 Act in effect, when. Industry ac counts. Fire works manufacturing. Powder works. The application of this act as between employers and workmen shall 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. For the purpose of such payments accounts shall be kept with each 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 payment, as may be necessary to meet such requirements of the accident fund. The fund thereby created shall be termed the "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 shown by experience. Accident fund. 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 from wages. wages or earnings of his workmen or any of them, and the making or attempt to make any such deduction shall 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 change 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 in proportion to their respective payments for the past year. For the purposes of such payment and making good of deficit the particular classe. of industry shall be as follows: CONSTRUCTION WORK. Class 1. Tunnels; sewer; shaft sinking; drilling wells. Class 2. Bridges; millwrighting; trestles; steeples, towers or grain elevators not metal framed; tanks, water towers, windmills not metal framed. 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 6. 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. Classes of in dustries. Classes in same establishment. OPERATION (INCLUDING REPAIR WORK) of. Class 10. Logging; sawmills; shingle mills; lath mills; masts 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. Class 14. Street railways. Class 15. Telegraph systems; telephone systems. Class 16. Coal mines. Class 17. Quarries; stone crushing; mines other than coal. 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 (USING POWER-DRIVEN MACHINERY). Class 26. 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; packing cases; sash[,] 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 material not otherwise specified. Class 32. Canneries of fruits or vegetables. Class 33. Canneries of fish or meat products. 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, rubber or textile not otherwise specified. Class 39. Working in foodstuffs, including oils, fruits, vegetables. Class 41. Printing; electrotyping; photo-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 46. Fireworks manufacturing; powder works. Class 47. Creosoting works; pile treating works. If a single establishment or work comprises several occupations listed in this section 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 employments 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 be 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, Acts 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 death results from the injury the expenses of burial shall 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 shall 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 had not happened. 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 arms, or one leg and one arm, total loss of eyesight, paralysis or other condition permanently incapacitating the workman from performing any work at any gainful occupation. When permanent total disability results from the injury the workman shall receive monthly during the period of such disability: (1) If unmarried at the time of 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 dollars ($25) shall be reduced to fifteen dollars ($15). Death. Total disability. Permanent. Death during disability. Temporary disability. Partial ery. (3) If the workman have a wife or husband and a child or children under the age of sixteen years, or, being a widow or widower, have any such child or children, the monthly payment provided in the preceding paragraph shall be increased by five dollars ($5) for each such child until such child shall arrive at the age of sixteen years, but the total monthly payment shall not exceed thirty-five dollars ($35). (c) If the injured workman die during the period of permanent total disability, whatever the cause of death, leaving a widow, invalid widower or child under the age of sixteen years, the surviving widow or invalid widower shall receive twenty dollars ($20) per month until death or remarriage, to be increased five dollars ($5) per month for each child under the age of sixteen years until such child shall arrive at the age of sixteen years; but if such child is or shall be without father or mother, such child shall receive ten dollars ($10) per month until arriving at the age of sixteen years. The total combined monthly payment under this paragraph shall in no case exceed thirty-five dollars ($35). Upon remarriage the payments on account of a child or children shall continue as before to the child or children. (d) When the total disability is only temporary, the schedule of payment contained in paragraphs (1), (2) and (3) of the foregoing subdivision (b) shall apply so long as the total disability shall continue, increased fifty per cent for the first six months of such continuance, but in no case shall the increase operate to make the monthly payment exceed sixty per cent of the monthly wage (the daily wage multiplied by twenty-six) the workman was receiving at the time of his injury. As soon as recovery is so complete that the present earning power of the workman, at any kind of work, is restored to that existing at the recov-time of the occurrence of the injury the payments shall cease. If and so long as the present earning power is only partially restored the payments shall continue in the proportion which the new earning power shall bear to the old. No compensation shall be payable out of the accident fund unless the loss of earning power shall exceed five per Capital values set aside. Partial disability. cent. (e) For every case of injury resulting in death or permanent total disability it shall be the duty of the department to forthwith notify the State treasurer, and he shall set apart out of the accident fund a sum of money for the case, to be known as the estimated lump value of the monthly payments provided for it, to be calculated upon the theory that a monthly payment of twenty dollars ($20) to a person thirty years of age, is equal to a lump sum payment, according to the expectancy of life as fixed by the American Mortality Table, of four thousand dollars ($4,000), but the total in no case to exceed the sum of four thousand dollars ($1,000). The State treasurer shall invest said sum at interest in the class of securities provided by law for the investment of the permanent school fund, and out of the same and its earnings shall be paid the monthly installments and any lump sum payment then or thereafter arranged for the case. Any deficiency shall be made good out of, and any balance or overplus shall revert to the accident fund. The State treasurer shall keep accurate account of all such investments of the accident fund, and may borrow from the main fund to meet monthly payments pending conversion into cash of any security, and in such case shall repay such temporary loan out of the cash realized from the security. (f) Permanent partial disability means the loss of either one foot, one leg, one hand, one arm, one eye, one or more fingers, one or more toes, any dislocation where ligaments are severed, or any other injury known in surgery to be permanent partial disability. For any permanent partial disability resulting from an injury, the workman shall receive compensation in a lump sum in an amount equal to the extent of the injury, to be decided in the first instance by the department, but not in any case to exceed the sum of fifteen hundred dollars ($1,500). The loss of one major arm at or above the elbow shall be deemed the maximum permanent partial disability. Compensation for any other permanent partial disability shall be in the proportion which the extent of such disability shall bear to the said maximum. If the injured workman be under the age of twenty-one years and unmarried, the parents or parent shall also receive a lump sum payment equal to ten per cent of the amount awarded the minor workman. |