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classes of in- . gEC_ ig. For the purposes of this act the following classification of the dustnea. industries subject thereto is adopted:
(1) Coal mines, including their tipples, power, light, heating and ventilating plants, tramways, private tracks and sidings, and accessory and auxiliary plants working in or with by-products.
(2) Paint manufactories, oil refineries, oil and gas wells, including their pipe lines, storage, power or light plants, tramways, private tracks and sidings, and accessory and auxiliary plants working in or with by-products.
(I?) Iron and steel mills, including blast furnaces, smelters, tube works, rolling mills, and their accessory and auxiliary plants, working in or with by-products, and plants generating power, light or heat and tramways, private tracks ana sidings.
(4) Sheet and tin plate mills, including their accessory and auxiliary plants working in or with by-products, and plants generating power, light or heat, and tramways, private tracks or sidings.
(5) Foundries, machine shops, fire-arms factories, tool factories, car building and repairing, structural iron works, and working in or with iron or steel, not otherwise specified, where power-driven machinery is used, together with their accessory and auxiliary plants working in or with by-products, and plants generating power, light or heat, and tramways, private tracks and sidings. _
(6) Stamped metal works, can factories, enamel iron works, and working in or with sheet iron or tin plate, not otherwise specified, where power-driven machinery is used, together with their accessory and auxiliary plants working in or with by-products, and plants generating power, light or heat, and tramways, private tracks and sidings.
(7) Logging, logging railroads and tramways, sawmills, including their accessory and auxiliary plants working in or with by-products, and plants generating power, light or heat, and tramways, private tracks and sidings.
(8) Planing mills, wood pulp, cordage and paper mills, box factories, cooperage plants, furniture factories, woodenware or wood fiber ware manufactories, vehicle works of every kind, including their accessory and auxiliary plants working in or with by-products, and plants generating power, light or heat, and tramways, private tracks and sidings.
(9) Glass houses of all kinds, including manufactories of tableware, bar goods, bottles, tumblers, lamps, glass light fixture parts, lamps, window and plate glass, potteries of all kinds, including tile, brick, terra cotta, fire clay, earthenware, porcelain, china and crockery ware using automatic machinery, together with accessory and auxiliary
Slants working in or with by-products, and plants generating light or
Elants working in or with by-products, and plants generating power,
(10) Printing plants of all kinds, electrotyping, photo-engraving, engraving, lithographing, embossing, book binding, and accessory and auxiliary lines of work and manufacture.
(11) Woolen mills, knitting mills, cotton mills, carpet and rug mills, clothing manufactories of every kind and working in or with textiles not otherwise specified.
(12) Breweries, bottling works, canneries of fruits, vegetables, oils, fish, milk or meat, manufactories of preserves, jellies, ketchup, sauces, relishes, pickles, flour and feed mills, bakeries, confectioneries, drug and extract manufactories, tobacco, cigar and stogie and cigarette manufactories, in which power-driven machinery is used.
(13) Slaughter and packing houses, stock yards, soap, tallow, lard and grease manufactories, tanneries, artificial ice, and refrigerating and cold storage plants,_ creameries, and carbon-black factories, in which power-driven machinery is used.
(14) Steam laundries, dyeing and cleaning plants, stamping, embossing and working with leather, shoe and harness manufactories. mattress and bedding factories, upholstering factories, manufacturers of rubber goods, and auxiliary and accessory lines of work and manufacture not otherwise specified.
(15) Steam and other railroads and transportation systems not otherwise specified.
(16) Street and interurban railways, whether propelled by electricity or other power.
(17) Telegraph and telephone plants and systems, electric light and power plants and systems, steam heat and power plants and systems, waterworks systems, gas works and systems, grain elevators, and all lighting, heating or power systems not otherwise specified.
(18) Quarries, stone crushers, gravel- pits, mines, other than coal mines, and working with asphalt, cement, stone or other building material not otherwise specified, power-propelled ferries, Band diggers and other water craft.
(19) Such works, occupations and manufactories specified in the foregoing eighteen classifications as are operated without power-driven machinery.
(20) Match factories, powdermills, fireworks factories, and works in which articles of an explosive nature are mixed or manufactured.
(21) Construction of tunnels, shafts, bridges, trestles, steeples, towers, grain elevators, tanks, water towers, windmills, subaqueous works, iron or steel frame structures, or parts of structures, blast furnaces, smoke stacks, cupolas or chimneys more than fifty feet high, waterworks and systems, electric lights and power plants and systems, gas works and systems, installation of steam Doilers, engines and dynamos, steam railroads, logging railroads, street railways and systems, boat building with scaffolds, floating docks, engineering works, structural work on buildings over three stories in height, not otherwise specified, and drilling of wells.
(22) Construction and installation of sewers, fire escapes, freight or passenger elevators, advertising signs, ornamental metal work on or in buildings, metal ceilings, plate or window glass, electrical wiring, stairways, buildings which require galvanized iron or tin work, marble, stone or brick work, roof work, slate work, plumbing work, carpenter work, electric work, installing automatic sprinklers, electric or fire alarm systems, heating or ventdating systems, or machinery not otherwise specified, covering steam pipes and boilers, road and street making, street or other grading, and structural work not otherwise specified.
(23) Such works or occupations not specified in the foregoing classifications in connection with which omployer and employees shall voluntarily apply to the commission for the benefit and protection of this act.
And it shall be the duty of the commission to classify and place in one of the classes aforesaid any industries subject to this act not hereinbefore specifically mentioned. And the commission shall have the power on or before the first day of January of each year to reclassify the industries subject to this act or to create additional classifications with respect to their respective degrees of hazard and determine the risk of the different classes and fix the rates of premium for each class, according to the risks of the same, sufficiently large to provide an adequate fund for the compensation provided for in this act, and to create a surplus sufficiently large to guarantee a workmen's compensation fund from year to year. The classification so determined and the rates ofpremium established shall be applicable for such year: Provided, That the rate so fixed shall not exceed the maximum of one dollar on each one hundred dollars of the gross annual pay roll of each employer in any class: Provided, also, That for the purpose of this act the pay of any employee employed partly within and partly without this State shall bo deemed to be such proportion of the total pay of such employee as his service within this State bears to his service outside the same. A mine worker shall be deemed to bo wholly employed in the State in which the tipple or principal mine entrance of the mine in or about which he works is situate.
The State shall pay the salaries of the members and employees of the commission, and other expenses of the administration of the workmen's compensation fund upon order or voucher approved and signed
by the chairman and secretary of the commission, directed to the auditor of the State, who shall draw his warrant therefor.
Fund to be Sec. 19. The commission shall establish a workmen's compensation established. iund from premiums paid thereto by employers and employees aa herein provided, for the benefit of employees of employers that have paid the premiums applicable to the classes to which they belong and for the benefit of the dependents of such employees, ana shall adopt rules and regulations with respect to the collection, maintenance and disbursement of said fund, not in conflict with the provisions of this act.
Custody. Sec. 20. The treasurer of the State shall be the custodian of the
workmen's compensation fund, and all disbursements therefrom shall be paid by him upon order or voucher, approved and signed by the chairman and secretary of the commission, and directed to the auditor of the State, who shall draw his warrant therefor.
Bond. Sec. 21. The treasurer of the State shall give a separate and ad
ditional bond, in such amount as may be fixed by the governor, and with sureties to be approved by him, conditioned for the faithful performance of his duties as custodian of the workmen's compensation fund herein provided for.
Effect of eiec- Sec. 22. Any employer subject to this act who shall elect to pay tl011- into the workmen's compensation fund the premiums provided by this
act, shall not be liable to respond in damages at common law or by statute for the injury or death of any employee, however occurring, after such election and during any period in which such employer shall not be in default in the payment of such premiums: Provided. The injured employee has remained in his service with notice that his employer has elected to pay into the workmen's compensation fund the premiums provided by this act. The continuation in the service of such employer with such notice shall be deemed a waiver by the employee of his right of action as aforesaid.
Notice to be Sec. 23. Each employer electing to pay the premiums provided posted. ky this act into the workmen's compensation fund shall post in con
spicuous places about his place or places of business typewritten or printed notices stating the fact that he has made such election, and the same when so posted shall constitute sufficient notice to all his employees of the fact that he has made such election.
\\ elvers. No employer or employee shall exempt himself from the burden or
waive the benefits of this act by any contract, agreement, rule or regulation, and any such contract, agreement, rule or regulation shall be pro tan to void.
Act in effeot. Sec. 24. The application of this act as between employers and emw ployees shall date from and include the first day of October, one thou
sand nine hundred and thirteen; and for the purpose of creating such workmen's compensation fund each employer subject to this act shall
Basis. nay into the State treasury the premiums of liability based upon and
being such a percentage of the pay roll of such employer as mav have been determined and published by the commission and be then in
Contributions effect. The premiums provided for in this act shall be paid by the emp'lovees01* employers to the treasurer of the State, and be contributed in the proportion of ninety per cent by the employers and ten per cent by the employees. The premiums shall be paid monthly on or before the twenty-fifth day of each month for the preceding month, and shall be the prescribed percentage of the total wages paid to all employees subject to the act for such preceding month. Each employer is authorized to deduct from the pay of his employees (excepting persons causually [casually] employed), for any month," ten per cent of the premium paid or to be paid for "such month in proportion to the pay received by uiem respectively for such month, the proper percentage to be deducted from each installment of pay, whether paid monthly or more frequently, the minimum deduction from the earnings of each employee for any month or part thereof for which settlement is made to be five cents. Each employer shall give a receipt or statement to each employee showing the amount which has been deducted for the workmen s compensation fund, and shall file with the commission, on making his next payment to the fund, a sworn statement showing what per cent of said premium herein provided to be paid by the employees (disregarding fractions of a cent) had been deducted, and that no more than ten per cent (subject to the minimum requirement aforesaid) had been so deducted. The State treasurer shall issue his receipt for any sums paid him hereunder in duplicate, the original to be delivered to the person, firm or corporation paying the same and the duplicate to be filed with the commission: Prowled, That in order to create a fund available upon the Advance payapplication of this act as aforesaid, on October first, one thousand meatanine hundred and thirteen, the payment for the months of October to December, one thousand nine hundred and thirteen; inclusive, shall be made on or before October first, one thousand nine hundred and thirteen, and be preliminarily based upon the pay roll of the operations of the first four months of the year one thousand nine hundred and thirteen. If any employer be found to have overpaid for such three months he may deduct such overpayment from the first monthly payments made to the fund; if any employer be found to have underpaid for such three months he shall pay the deficiency with the first monthly payment made by him after the end of said three months.
Sec. 25. The commission shall disburse the workmen's compensation Disbursement!, fund to such employees (within the meaning of this act) of employers as have paid into said fund the premiums for the month in which the injury occurs applicable to the classes to which they belong, as shall have received injuries in this State in the course of and resulting from their employment, or to the dependents, if any, of such employees in case death has ensued according to the provisions hereinafter made.
Sec. 26. All employers subject to this act who shall not have elected J n pio y e r a to pay into the workmen's compensation fund the premiums provided Uable'wnenby this act, or having so elected, shall be in default in the payment of same, shall be liable to their employees (within the meaning of this act) for damages suffered by reason of personal injuries sustained in the course of employment caused by the wrongful act, neglect or default of the employer, or any of the employer's officers, agents or employees, and also to the personal representatives of such employees where death results from such injuries, and in any action by any such employee or personal representative thereof such defendant shall not avail himself of the following common law defenses:
The defense of the fellow-servant rule; the defense of the assumption Defenses of risk; or the defense of contributory negligence; and further shall abrogated, not avail himself of any defense that the negligence in question was that of some one whose duties are prescribed by statute.
Sec 27. The commission shall disburse and pay from the fund for Medical, etc., such injury to such employees as may be entitled thereto hereunder exPonscssuch amounts for medical, nurse and hospital services and medicines as it may deem proper, not, however, in any case to exceed the sum of one hundred and fifty dollars in addition to such award to such employees, payment to be made to the employee, or to the persons who may have furnished the service and supplies, or to the persons who may have advanced payment for same, as to the commission shall deem proper: Provided, That in case any injured employee be entitled, under contract connected with his employment or otherwise, to hospital or medical service without further charge to him, no payment shall be made out of the workmen's compensation fund for hospital or medical service.
Sec. 28. Notwithstanding anything hereinbefore or hereinafter con- ,S1ju,riea due 10 tained, no employee or dependent of any employee shall be entitled to duotitc.TM1 n" receive any sum from the workmen's compensation fund on account' of any injury to or death of an employee caused by a self-inflicted injury, the willful misconduct or the intoxication of such employee. If injury or death result to an employee from the deliberate intention of his employer to produce such injury or death, the employee, the -vidow, widower, child or dependent of the employee shall have the privilege to take under this act, and also have cause of action against the employer as if this act had not been enacted, for any excess of damages over the amount received or receivable under this act.
Sec. 29. In case death ensues from the injury, reasonable funeral Funeral exexpenses, not to exceed seventy-five dollars, shall be paid from the P6"863fund to the personal representative of the employee, or to such other person as shall have advanced the same, in addition to such award to the employee's dependents.
Waiting time. gEC. 30. No benefit shall be allowed for one week after the injury is received, except the disbursement provided for in sections twentyseven and twenty-nine.
Temporary or sEC. 31. in case of temporary or partial disability, the employee partial disability. Bnajj revive during the continuance thereof fifty per cent of the impairment of his earning capacity, not to exceed a maximum of eight dollars per week, nor to be less than a minimum of four dollars per week, for not to exceed a period of twenty-six weeks: Provided, That if such partial disability consist of the loss of an arm or leg at or above the wrist in one case or tne ankle in the other, or the loss of an eye, the period for which compensation shall be paid may be, but shall not exceed, one hundred and fifty-six weeks.
Permanent total gEC. 32. In case of permanent total disability the award shall be fifty disability. per cent of the average weekly wage, and shall continue until the death of such person so totally disabled, but not to exceed a maximum of six dollars per week nor to be less than a minimum of three dollars per week.
Death benefits. sEC. 33. in case the injury causes death within the period of ninety days, the benefits shall be in the amounts and to the persons following:
(1) If there be no parent or dependent^ the disbursement from the workmen's compensation fund shall be limited to the expense provided for in sections twenty-seven and twenty-nine.
(2) If the deceased employee be under the age of twenty-one and unmarried and leave a dependent father or mother, the father, or if there be no father, the mother shall be entitled to a payment of fifty per cent of the average weekly wage, not exceeding six dollars per week, to continue until the employee would have been twenty-one vears of age.
(3) Dependent, as used in this act, means a widow, invalid widower, child under the age at which he or she may be lawfully employed in any industry, invalid child over such age, father, mother, grandfather or grandmother, who at the time of the injury causing death is dependent in whole or in part for his or her support upon tne earnings of the employee.
(4) If the deceased employee leave a widow or invalid widower the payment shall be twenty dollars per month until the death or remarriage of such widow or widower; and in addition five dollars per month for each child under the age at which he or she may be lawfully employed in any industry, to be paid until such child reaches such age: Provided, That the total payment shall not exceed thirty-five dollars per month.
(5) If the deceased employee be an adult and there be no widow, widower or child under the age at which he or she may be lawfully employed in any industry, but there are wholly dependent persons at the time of death, the payment shall (except in the case named in clause two of this section) be fifty per cent of the average monthly support actually received from the employee during the preceding twelve months, and to continue for the remainder of the period between the date of death and six years after the date of injury, and not to amount to more than a maximum of twenty dollars per month.
(6) If there be no widow, widower, or child under the age at which he or she may be lawfully employed in any industry, or dependent persons, but there are partly dependent persons at the time of death, the payment shall be fifty per cent of tne average monthly support actually received from the employee during the preceding twelve months, and to continue for such portion of the period of six years after the date of injury as the commission in case may determine, and not to amount to more than a maximum of twenty dollars per month.
Pay TMegt of Sec. 34. The benefits, in case of death, shall be paid to such one or death benefits. more dependent of the decedent, or to such other person, for the benefit of all the dependents, as may bo determined by the commission which may apportion the benefits among the dependents in such manner as it may deem just and equitable. Payment to a dependent subsequent in right may be made if the commission deem proper, and shall operate to discharge all other claims therefor.
Distribution. gEC 35 Th^ dependent or person to whom benefits are paid shall apply the same to the use of the several beneficiaries thereof according to