U. S. BUREAU OF LABOR STATISTICS. WHOLE NO. 126. WASHINGTON. DECEMBER 23, 1913. WORKMEN'S COMPENSATION LAWS OF THE UNITED STATES AND FOREIGN COUNTRIES. INTRODUCTION. The Fourth Special Report of the Commissioner of Labor, issued in 1893 under the title of "Compulsory Insurance in Germany," was the first report published in this country devoted to the subject of workmen's insurance. At that time compensation for industrial accidents had been established by law in two countries only, Germany in 1884, and Austria in 1887; the third country-Norway-not following until 1894. In the other countries discussed in the appendix of this early report the workmen's compensation movement had not passed beyond the stage of Government commissions and legislative discussion. Since the publication of this first report, the development of the legislation providing for workmen's compensation for industrial accidents in Europe and throughout the world has been extremely rapid; in fact, it may be doubted whether any subject of labor legislation has ever made such progress or gained so general acceptance for its principles throughout the world in so brief a period. The legislative summaries in the present report show that 41 foreign countries (including all European countries except Turkey) have introduced 1 The publications of the Bureau of Labor Statistics relating to the general subject of workmen's compensation and insurance are the following: Fourth Special Report, 1893, Compulsory Insurance in Germany, including an appendix relating to insurance in other countries in Europe; Twelfth Special Report, 1905, Coal Mine Labor in Europe; Twenty-third Annual Report, 1908, Workmen's Insurance and Benefit Funds in the United States; Twenty-fourth Annual Report, 1909, Workmen's Insurance and Compensation Systems in Europe (including the texts of the laws existing in 1909 in Alberta, Austria, Belgium, British Columbia, Cape of Good Hope, Denmark, Finland, France, Great Britain, Hungary, Italy, Luxemburg, Netherlands, Norway, Quebec, Queensland, Spain, Sweden, Transvaal); Bul. No. 31, Present status (1900) of employers' liability in the United States; Bul. No. 32, British workmen's compensation act and its operation; Bul. No. 34, Workmen's compensation act of Holland; Bul. No. 40, Workmen's compensation acts of foreign countries; Bul. No. 57, State cooperative accident insurance fund of Maryland; Bul. No. 58, The new Russian workmen's compensation act of 1903; Bul. No. 70, British workmen's compensation acts; Bul. No. 74, Legal liability of employers for injuries to their employees in the United States; Summary of foreign workmen's compensation acts; British workmen's compensation act of 1906; Bul. No. 77, Compensation for injuries of artisans and laborers in the service of the United States; Bul. No. 90, Recent action (1910) relating to employers' liability and workmen's compensation; Essential features of a compensation law; Chicago conference of November, 1910; Summary of foreign workmen's compensation acts; Cost of employer's liability and workmen's compensation insurance; Bul. No. 92, Workmen's compensation and insurance: laws and bills, 1911; Bul. No. 96, Workmen's insurance code of July, 1911, of Germany; Bul. No. 102, British national insurance act, 1911; Bul. No. 103, Sickness and accident insurance law of Switzerland; Compensation for injuries to employees of the United States arising from accidents occurring between August 1, 1908, and June 30, 1911 (prepared by the Bureau and published as a report of the Secretary of Commerce and Labor). some form of workmen's compensation for industrial accidents, all of which, while showing great variations in the industries covered, the amount of compensation provided, and the methods by which compensation payments are secured, recognize the principles of compensation as distinguished from the older idea of employer's liability previously accepted in the civil law of continental Europe, as well as in English and American law. In the United States what might be called the period of investigation and education began somewhat late as compared with European countries. But since that beginning, investigation and study have been followed by legislative action with great rapidity. The first American State commissions were appointed in New York, Wisconsin, and Minnesota in 1909, and legislation followed in New York in 1910, in Wisconsin in 1911, and in Minnesota in 1913. Within this period beginning with 1909, 27 commissions (not including one Federal commission) have been appointed to consider the subject of compensation, and compensation legislation has been enacted in 23 States. With this remarkable development of compensation legislation in the United States and throughout the world within so short a period, it seems especially desirable to bring together at this time the laws as they now exist, in order that the material may be available for those who wish to study and compare the various provisions already in force to serve as a guide to new or amendatory legislation. The present report is in three parts. The first part reviews the work of the compensation commissions of the various States, summarizes the principal features of the legislation enacted and the experience thus far available under such legislation, and briefly discusses the decisions of the courts upon the constitutionality and construction of the workmen's compensation statutes. The second part summarizes the principal features of the foreign workmen's compensation laws as now existing, presenting also analyses of the principal features of the laws of the individual countries. Forty-one foreign countries are thus represented. The third part gives in an appendix the text of the workmen's compensation laws of the various States. WORKMEN'S COMPENSATION LAWS OF THE UNITED STATES. BY LINDLEY D. CLARK, A. M., LL. M. INTRODUCTION. The first summary view of the status of workmen's compensation and insurance in the United States published by the Bureau of Labor Statistics appeared in Bulletin No. 90,1 September, 1910. At that time it was possible to present only the tentative propositions of a number of State legislatures and commissions and of interested organizations and associations, the report of a single State commission, the laws of three States providing for insurance and compensation systems, and the Federal compensation act of May 30, 1908, relating to certain employees of the United States. A second review of the subject, in January, 1911,2 gave an account of the reports of seven State commissions and of the enactment of seven State laws, besides drafts of three commission bills, two of which, with some amendment, became laws later in the year. It is the purpose of the present article to give a summary account of existing data, including commission reports, laws, court decisions, and experience under the laws so far as an account of the same is available. Following is a list of the States, etc., in which special committees or commissions have been charged by the legislature or otherwise with the duty of investigating the subject of a more adequate method of caring for the results of industrial accident than is provided under the system of employers' liability; also of the States in which compensation laws have been enacted, and those in which the laws have been amended. 1 Recent action relating to employers' liability and workmen's compensation. September, 1910. * Workmen's compensation and insurance: Laws and bills, 1911. Bul. No. 92, January, 1911. 11 STATES IN WHICH COMMISSIONS WERE APPOINTED AND IN WHICH COMPENSATION LAWS WERE ENACTED AND AMENDED, BY YEARS, 1908 TO 1913. 1 Appointed by the governor. 2 Law declared unconstitutional. 3 Two laws, one (compulsory) law declared unconstitutional. The following table summarizes the above data so as to show the action taken during each of the 6 years since the enactment of the first workmen's compensation law. NUMBER OF WORKMEN'S COMPENSATION COMMISSIONS AND LAWS, BY YEARS, From the above list it is to be seen that the majority of the earlier laws were amended in 1913. Two of the laws have been declared unconstitutional by the court of last resort of the States in which they were enacted, while on the other hand the constitutionality of the statute of Massachusetts, New Jersey, Ohio, Washington, and Wisconsin has been upheld by the highest court in each State. The first law declared unconstitutional was the compulsory statute of New York applicable only to railway service, leaving on the statute books the elective law relating to other employments. The other law that was held invalid was that of Montana. The decisions in these and other cases will be considered later. |