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Date of enactment. January 7, 1898; in effect January 15, 1899; amended May 15, 1903; May 27, 1908. Sickness insurance, April 12, 1892.1
Injuries compensated. All injuries by accident occasioned by the trade or its conditions, and causing either death or disability lasting over 13 weeks,2 unless brought on intentionally or through gross negligence of the victim.
Industries covered. Practically all establishments in mining, quarrying, manufactures, building and engineering work, transportation, telephone and telegraph services, diving and salvage, establishments using mechanical power which makes them subject to factory inspection, agriculture, dairying, forestry, and horticulture, provided the estate has a value of 6,000 crowns ($1,608) or over; other industrial establishments designated by the minister of the interior.
Persons compensated. All workmen in mechanical and technical departments, including those in supervisory capacity whose annual earnings do not exceed 2,400 crowns ($643.20); 1,500 crowns ($402) in agriculture, etc.
Government employees. Act applies to all employees of State and the communal governments in industries above indicated.
Burden of payment. Entire burden of payment rests upon employer, except in agriculture, etc., where one-half is paid from the public treasury.
Compensation for death,
(6) A lump sum equal to four times annual earnings of deceased, but not over
Children, according to decision of insurance council, when there is no widow.
If neither widow nor children, insurance council decides whether and how far other heirs receive compensation. Compensation for disability. (a) From end of thirteenth 1 week after accident until end of treatment, or until disability is declared permanent, a daily compensation of 60 per cent of earnings, but not less than 1 crown (27 cents) nor over 2 crowns (54 cents) for total disability, and a proportionate compensation for partial disability.
(6) In case of permanent disability an indemnity of six times annual earnings, but not less than 1,800 crowns ($482.40) nor over 4,800 crowns ($1,286.40) for total permanent disability, and proportionate payments for partial permanent disability. (c) If employee suffering from permanent disability is a male between 30 and 55 years of age, he may demand purchase of an annuity. For men of other ages, or of unsound mind, or women and children, the insurance council may substitute an annuity. A scale of compensation differing from industrial occupations is provided for agricultural, etc., accidents.
Revision of compensation. Determination of degree of permanent disability must be made as soon as possible after one year from date of injury. If this be not possible, a temporary determination may be made, but a redetermination may be demanded within two years following.
Insurance. Employers may transfer obligation imposed by the law, by_ insuring their employees in authorized insurance companies or mutual employers' insurance associations.
Security of payments. Where liability under the law has not been transferred by insurance, indemnity for disability is a preferred claim upon assets of employer.
Settlement of disputes. Disputes concerning compensation, unless settled by mutual consent, must be referred to insurance council. Appeals may be had to the minister of interior.
1 Foreign workmen are covered by a special law of Apr. 1,1912; seamen bv act of 1905; fishermen by act of 1908.
* Voluntary sickness immrance law, Apr. 12,1S92, provides benefits for first 13 weeks for accidentscausing disability.
30597°—Bull. 126—14 10
Date of enactment. December 5, 1895; in effect January 1,1898; supplementary act, October 9, 1902.
Injuries compensated. All injuries by accident during work, causing death or disability for more than six days, except when brought on intentionally or through gross negligence of victim, intentionally by any other person than the one charged with supervision of the work, or caused by some other occurrence utterly independent of the nature or conditions of work.
Industries covered. Mines, quarries, metallurgical establishments, factories, sawmills, industrial establishments using mechanical power, construction of churches and buildings over one story high; construction and operation of water, gas, electric power plants, and operation of railroads; and maritime navigation.
Persons compensated. All persons actually employed at work, but not those supervising only.
Government employees. Act applies to employment on the State and communal construction works and State railways. Burden of payment. Entire burden of payment resta upon employer. Compensation for death. In addition to any prior payments on account of disability, pensions to dependent heirs, from day of death, not exceeding 40 per cent of annual earnings of deceased, to—
(a) Widow, 20 per cent, until death or remarriage; in latter case a final sum equal
to two annual payments. (6) Each child until the age of 15 years, 10 per cent, if one parent survives, and
20 per cent if neither parent survives, (c) In computing pension, earnings of workman to be considered not over 720 marks ($138.96) nor under 300 marks ($57.90); but no adult employee to receive a pension greater than his actual earnings. Compensation for disability, (a) A pension equal to 60 per cent of employee's earnings for total disability, or a
Eension proportionate to the degree of incapacity for partial disability, to e paid from day of recovery from illness due to injury, or after 120 days have elapsed since injury. (6) Pension may by mutual consent be replaced by single payment, if it does not exceed 20 marks ($3.86) annually.
(c) In computing pension, earnings of workman to be considered not over 720
marks ($138.96) nor under 300 marks ($57.90); but no adult employee to receive a pension greater than his actual earnings.
(d) In cases of temporary disability (including aU cases of disability for 120 days
after injury) daily compensation of 60 per cent of earnings, beginning with seventh day after accident, for complete temporary disability, and a proportionate compensation for partial disability; but not more than 2.50 marks (48 cents) per diem. («) Until recovery, injured employee may be given treatment in a hospital in lieu of other compensation; during such treatment his wife and children get a compensation equal to pension in case of death. Revision of compensation. Demands for revision of compensation may be made by either party before proper court.
_ Insurance. Employers are required to transfer the burden of payment of compensation to a governmental insurance office, private insurance company, mutual employers' insurance association, or approved foreign insurance company, unless unable to obtain such insurance or released from this obligation on presentation of satisfactory guarantees.
Security of payments. When exempted from the duty of insuring his employees, or unable to obtain insurance, the employer must guarantee payment of pension to the injured workman or his family by arrangement with a private insurance company.
Settlement of disputes. In case of absence of insurance or dissatisfaction with decision of insurance company, injured employee or his dependent may carry the case into the inferior court of the locality.
Date of enactment, April 9, 1898; in effect July 1, 1899; amendatory and supplementary acts March 22, 1902, March 31, 1905, April 12, 1906, July 18, 1907, and March 26, 1908.1
Injuries compensated. All injuries by accident to workmen or salaried employees during or on account of labor causing death, or disability for five or more days, unless produced intentionally by the victim. If due to inexcusable fault of victim or of employer, compensation may by a court order be decreased or increased, but not exceeding actual earnings of victim.
Industries covered. Building trades, factories, workshops, shipyards, transportation by land and water; public warehouses, mining and quarrying, manufacture or Handling of explosives, agricultural and other work using mechanical power, and mercantile establishments; other industries on request of both parties.
Persons compensated. All workmen and salaried employees.
Government employees. Law applies to State, departmental, and communal establishments when engaged in industries enumerated above.
Burden of payment. Entire cost of compensation falls upon employer.
!a) Funeral expenses not exceeding 100 francs ($19.30).
case a final sum equal to three annual payments. Children under 16 years of age if one parent survives—15 per cent if there is but one child; 25 per cent if there are two children; 35 per cent if there are three children; 40 per cent if there are four or more children. Each child under 16 years of age if neither parent survives, 20 per cent. Each ascendant and each descendant under 16 years of age dependent upon deceased, if no widow or children survive, 10 per cent, the aggregate not to exceed 30 per cent, (e) If annual wages exceed 2,400 francs ($463.20), only one-fourth of the excess is considered in computing pensions. Compensation for disability.
(a) Expenses of medical or surgical treatment.
(6) If permanently disabled, a pension of 66$ per cent of annual wages for total disability and of one-half loss of earning capacity for partial disability; or if demanded, one-fourth the capital value of pension in cash, the pension to be reduced accordingly, (c) If temporarily disabled, an allowance of 50 per cent of daily wages, beginning with fifth day, and including Sundays and holidays, unless disability lasts more than ten days, when payments become due from the first day. (<f) If annual wages exceed 2,400 francs ($463.20), only one-fourth of the excess is
considered in computing pensions. (e) Payments of pensions of not over 100 francs ($19.30) per annum may, by mutual consent when beneficiary is of age, be replaced by a cash payment. Revision of compensation. Revision of compensation because of aggravation or diminution of disability of victim may be made within three years.
Insurance. Employers may transfer burden of payment of compensation to approved mutual aid, accident insurance, or guaranty associations, or in case of pensions, to national accident insurance or national old-age pension funds.
Security of payments. The State guarantees against loss of pension payments on account of insolvency of employers or insurance organizations, and is reimbursed by a special tax on employers within scope of the act. For temporary disability payments, medicines and medical or surgical attendance, and funeral expenses the victim, his creditors, or representatives have a preferred claim on property of employer.
Settlement of disputes. Disputes as to pensions or involving more than 300 francs ($57.90) may be carried into higher civil courts. Judgment of local justice of the peace is final in other cases.
1 Special tow covering seamen (December 29, 1905; amended July 13,1911) provides different system and scale of compensation from that above.
Date of enactment. Code of July 19, 1911; in effect January 1 1913, replacing previous laws (July 6, 1884; supplementary acts of May 28, 1885, May 5, 1886, July 11 and July 13, 1887; and a codification enacted June 30,1900).
Injuries compensated. Injuries by accident in the course of the employment, causing death, or disability for more than three days, unless caused intentionally by the injured and his survivors. Compensation may be refused or reduced if injury was received while committing an illegal act.
Industries covered. Mining, salt works, quarrying, and allied industries, factories, manufacture of explosives, production or distribution of electric power, shipyards, smelting works, building trades, breweries, pharmacies, tanneries, hathing establishments, chimney sweeping, window cleaning, butchering, fish culture, ice cutting, transportation, expressing, hauling, and storage, agriculture, forestry and fisheries.
Persons compensated. All workmen and apprentices; those establishment officials whose annual earnings are less than 5,000 marks ($1,190). With the approval of the Federal Council the law may be extended to other classes.
Government employees. Act covers Government employees in postal, telegraph, and railway services and in industrial enterprises of Army and Navy, unless otherwise provided for.
Burden of payment. Medical and surgical treatment for 91 days and benefit payments from beginning of fourth to ninety-first day are provided by sick-benefit funds, to which employers contribute one-third and employees two-thirds; from beginning of twenty-ninth to ninety-first day payments are increased by one-third at expense of employer in whose establishment accident occurred; after ninety-first day, and in case of death from injuries, expense is borne by employers' associations supported by contributions of employers. Compensation for death, (a) Funeral benefits of one-fifteenth of annual earnings of deceased, but not less
than 50 marks ($11.90). (6) Pensions to dependent heirs not exceeding 60 per cent of annual earnings of the deceased, as follows: Widow, 20 per cent of annual earnings until death or remarriage; in latter case a final sum equal to three annual payments; dependent widower, 20 per cent of annual earnings; each child 15 years of age or under, 20 per cent; payments to consort and to children to be reduced proportionately if the total would exceed 60 per cent; dependent heirs in ascending lone, 20 per cent or less, if there is a residue after providing for above heirs; orphan grandchildren, 20 per cent or less, if there is a residue after providing for above heirs, (c) If annual earnings exceed 1,800 marks ($428.40), only one-third of excess is considered in computing pensions. Compensation for disability.
(a) Free medical and surgical treatment paid first 13 weeks by sick benefit funds
and afterwards by employers' associations.
(b) For temporary or permanent total disability, 50 per cent of daily wages of
Eersons similarly employed, but not exceeding 3 marks (71 cents), paid y sick benefit funds from beginning of fourth day to end of fourth week; from fifth to end of thirteenth week, above allowance by sick benefit fund, plus 16f per cent contributed by employer direct; after 13 weeks, 6(if per cent of average annual earnings of injured person paid by employers' associations.
(c) For complete helplessness necessitating attendance, payments may be increased to 100 per cent of annual earnings.
d) For partial disability, a corresponding reduction in payments.
e) If annual earnings exceed 1,800 marks ($428.40), only one-third of excess is considered in computing pensions.
Revision of payments. Whenever a change in condition of injured person occurs, a revision of benefits may be made.
Insurance. Payments are met by mutual insurance associations of employers, in which all employees are required to be insured at the expense of employers. Separate associations nave been organized for each industry.
Security of payments. Solvency of employers' association is guaranteed by the State.
Settlement of disputes. Disputes are settled by the "superior insurance offices," composed of Government officials and an equal number of representatives of employers and employees.
Date of enactment. December 21,1906; in effect July 1,1907, replacing acts of August 6, 1897, and July 30, 1900.
Injuries compensated. Injuries by accident arising ovit of and in the course of the employment which cause death or disable a workman for at least one week from earning full wages at the work at which he was employed. Compensation is not paid when injury is due to serious and willful misconduct, unless it results in death or serious and permanent disablement.
Industries covered. "Any employment."
Persons compensated. Any person regularly employed for the purposes of the employer's trade or business whose compensation is less than £250 ($1,216.63) per annum; but persons engaged in manual labor only_ are not subject to this limitation.
Government employees. Act applies to civilian persons employed under the Crown to whom it would apply if the employer were a private person. Burden of payment. Entire cost of compensation rests upon employer. Compensation for death.
(a) A sum equal to three years' earnings, but not less than £150 ($729.98) nor more than £300 ($1,459.95), to those entirely dependent on earnings of deceased.
(6) A sum less than above amount if deceased leaves persons partially dependent on his earnings, amount to be agreed upon by the parties or fixed Dy arbitration.
(r; Reasonable expenses of medical attendance and burial, but not to exceed £10 ($48.67) if deceased leaves no dependents. Compensation for disability. (a) A weekly payment during incapacity of not more than 50 per cent of employee's average weekly earnings during previous twelve months, but not exceeding £1 ($4.87) per week; if incapacity lasts less than two weeks no payment is required for the first week. _ (6) A weekly payment during partial disability, not exceeding the difference between emplovee's average weekly earnings before injury and average amount which he is earning or is able to earn after injury, (c) Minor persons may be allowed full earnings during incapacity, but weekly
payments may not exceed 10 shillings ($2.43). (</) A sum sufficient to purchase a life annuity through the Post-Office Savings Bank of 75 per cent of annual value of weekly payments may be substituted, on application of the employer, for weekly payments after six months; but other arrangements for redemption of weekly payments may be made by agreement between employer and employee. Revision of compensation. Weekly payments may be revised at request of either party, under regulations issued by the secretary of state.
Insurance. Employers may make contracts with employees for substitution of a scheme of compensation, benefit, or insurance in place of the provisions of the act, if the registrar of friendly societies certifies that the scheme is not less favorable to the workmen and their dependents than the provisions of the act, and that a majority of the workmen are favorable to the substitute. The employer is then liable only in accordance with the provisions of the scheme.
Security of payments. In case of employer's bankruptcy, the amount of compensation due under the act, up to £100 ($486.65) in any individual case, is classed as a preferred claim; or where an employer has entered into a contract with insurers in respect of any liability under the act to any workman, such rights of the employer, in case he becomes bankrupt, are transferred to and vested in the workman.
Sett lement of disputes. Questions arising under the law are settled either by a committee representative of the employer and his workmen, by an arbitrator selected by the two parties, or, if the parties can not agree, by the judge of the county court, who may appoint an arbitrator to act in his place.