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Injuries compensated. Personal injury by accident arising out of and in the course of employment to a person to whom this act applies.
Industries covered. Railways, including street railways, factories, laundries worked by steam, water, or mechanical power; mines, quarries, engineering work, loading and unloading a vessel; building operations using scaffolding or mechanical power; provided 10 or more workmen are employed in an undertaking. (Certain designated establishments in which workmen's relief funds are already established are excepted.)
Persons compensated. All workmen or clerks whose annual earnings do not exceed $1,000.
Government employees. These are within the act if the employment itself is covered by the law. * Burden of payment. The entire cost of compensation rests upon the employer. Compensation for death. (a) To those wholly dependent upon his earnings a sum equal to three years'
earnings but not less than $1,000 nor over $1,500, less any sum paid under
this act as weekly compensation for injury. (6) To those dependent, such sum not exceeding $1,500 as may be agreed upon,
or in default of agreement determined by arbitration. (c) If no dependents are left the reasonable expenses of medical attendance and
burial, not exceeding $200. Compensation for disability. A weekly payment during disability after the second week of a sum not exceeding 50 per cent of weekly wages earned during the preceding year. In fixing the amount of compensation, consideration must be given to the loss in earning capacity and to any sums other than wages which the injured person may have received from his employer during incapacity. The weekly compensation shall not exceed $7, nor shall the total amount payable exceed $1,500.
A lump sum may be substituted for the weekly payments after six months, on the application of the employer, the amount to be settled by agreement, or, failing in this, by arbitration. "
Revision of compensation. Either party may request a revision of payments
Insurance. If after investigation the governor in council certifies that any scheme of compensation, benefit or insurance is equivalent in its provisions to those of this act the employer may contract with the employees for the substitution of that scheme, and the employer thereafter shall be liable only in accordance with that scheme. Should the certificate be revoked any moneys or securities held for the purpose of the scheme shall be distributed as may be arranged between employer and workmen, or determined by the governor in council.
Security of payments. In respect of any liability under this act to any workman by an employer who has entered into a contract with an insurance scheme, and who becomes bankrupt or who liquidates or retires from business, the workman entitled to compensation shall have priority of claim upon such sum as is due the employer on account of such insurance.
Settlement of disputes. In default of agreement between the interested parties, any question may be settled (a) by a committee representing the employer and the employees; (b) by a single arbitrator agreed upon; or (c) by an arbitrator appointed by a county court judge.
Date of enactment. January 20, 1911.
Injuries compensated. The employer is responsible for any accidents, unless intentionally brought about by the injured person, which occur to his workmen and employees in the course of or directly occasioned by their work.
Industries covered. Production and transmission of power; electric and gaslight production and installation; telegraph and telephone; naval construction; transportation, land, river, and marine, employing power; agricultural operations involving use of mechanical power; loading and unloading; mines and quarries where more than 35 workmen are employed; ore-reduction work, etc.; factories using mechanical power, and building trades.
Persons compensated. All workmen and employees whose annual earnings do not exceed £120 ($583.98). Elective for those receiving higher compensation.
Government employees. These are subject to the act if the employment itself comes within the scope of the law.
Burden of payment. The entire cost of compensation rests upon the employer. Compensation for death. (a) A funeral benefit equal to two months' earnings of the deceased, even though
his remuneration exceeded £120 ($583.98) per annum and without regard
io number of employees. (b) To the widow, a life annuity equal to 11 per cent of annual earnings of the
deceased. (c) To the children, legitimate, or acknowledged illegitimate, an annuity, equally
divided, of 22 per cent of such earnings until 16 years of age, or, if inca
pacitated for work, an equal annuity for life. (d) In default of children, to direct descendants entirely dependent on the
deceased, the compensation under (c). (c) Should there be neither widow, children, nor other dependents, to ascendants
who would have been dependent on the deceased, a life annuity of 15 per cent to each, but not in excess of 30 per cent of such wages, and where
more than two, such annuity to be equally distributed. Should there be no widow, her portion of the annuity is added to that of the
children. Compensation for disability.
(a) Medical and surgical aid during disability. (6) For total permanent disability a life annuity of 33 per cent of annual earnings. (c) For partial permanent disability a life annuity of 33 per cent of loss of earning
capacity. (d) For total temporary disability a compensation during disability of 22 per cent
of earnings. (e) For partial temporary disability a compensation of 50 per cent of the loss of
earning capacity until complete recovery. An increase of 50 per cent in the compensation is made if the accident occurs in default of prescribed protective apparatus on the part of the employer or by reason of his inexcusable fault. It is proporrionately reduced if through inexcusable fault of the injured.
If the accident causing injury is the result of an unlawful act of the employer, the injured person shall be entitled to indemnity for all damages and injuries, as determined at common law.
Revision of compensation. Demands for revision of compensation may be made by either party within three years.
Insurance. Employers may transfer burden of payment of compensation by insuring their employees in authorized insurance companies.
Security of payments. In case of insolvency compensation payments become preferred claims, and any funds deposited with the Government bank for the purpose of paying allowances are available for the payment of such claims.
Settlement of disputes. Disputes arising under this act go before the magistrate or justice of the peace, subject to review by the judge of the court, and finally subject to an appeal to the superior court.
Date of enactment. July 24, 1913; in effect July 27, 1913.
Injuries compensated. Accidents causing death or injury, not brought about fraudulently, arising in the course of employment unless proved not to have arisen out of the employment.
Persons compensated. All operatives and employees, including apprentices, engaged in industries covered by the act.
Industries covered. Factories and workshops employing other than human power; mines and quarries; iron works; building trades; manufacture of explosives and inflammable and poisonous materials; railway and waterway construction; sewers and waterworks; transportation by land or water; storage, handling, and the like; agriculture and forestry, if mechanical power is used (covering only such accidents as are caused by such power machinery); herding and tending wild cattle; theaters; administration of public security; gas and electrical works; telegraph and telephone systems; fishing, if not a cooperative enterprise.
Government employees. These are included if engaged in industries covered by the acts and if higher compensation is not otherwise provided by law.
Burden of payment. The entire burden rests upon the employer; if there are contractors and subcontractors, then upon such contractors. Compensation for death.
(a) Funeral expenses not exceeding 15 times the daily wage. (b) To surviving consort, 20 per cent of annual earnings of employee until death
or remarriage; lump sum of 60 per cent of annual earnings paid at time
of remarriage. (c) To legitimate child under 14 years of age, 15 per cent of annual earnings, 25
per cent if 2 children, 35 per cent if 3, and 40 per cent it 4 or more. If left orphans, each child receives 20 per cent of annual earnings, with a
maximum of 60 per cent. (d) If there are no children, then to any dependent parents or grandparents, or
descendants under 14 years of age, 10 per cent of annual earnings to each
such dependent, but in no case over 40 per cent of annual earnings. (e) In calculating annual earnings the maximum wage considered is 400 milreis
($432), plus any excess to the extent of one-half. Compensation for disability.
(a) Necessary medical and surgical expenses. (b) For total permanent disability, two-thirds of annual earnings. (c) For total temporary disability, two-thirds of the daily wage duing each
working day lost. (d) For partial disability, one-half the loss of earning power. (e) All compensation is paid from the beginning of disability. V) In calculating annual earnings the maximum wage considered is 400 milreis
($432), plus any excess to the extent of one-half. Revision of compensation. No provision is made in the law.
Insurance. Employers may transfer burden of payment to recognized establishment funds, mutual aid associations, or approved insurance companies. They may also insure with the State Insurance Council.
Security of payments. The obligations contracted under the law, in the event of bankruptcy, have special precedence over all debts of the employer. Risk classes and reserves are determined by the State Insurance Council.
Settlement of disputes. Disputes are settled by special tribunals of arbitrators composed of employers, employees, and medical officers having deliberative votes, and of representatives of the insurance companies having consultative votes.
Date of enactment. May 29, 1909; in effect January 1, 1910.
Injuries compensated. All injuries happening to workmen by reason of or in the course of their work causing death, or disability lasting over seven days. Injuries intentionally caused by the person injured are not compensated.
Industries covered. Building, manufacturing, transportation, engineering, and construction work, mining, quarrying; stone, wood, and coal yards; any industrial enterprise using machinery operated by power. Agriculture and sailing vessels are excluded.
Persons compensated. Workmen, apprentices, and employees earning not more than $1,000 per annum. Foreign workmen or their representatives are compensated only if and so long as they reside in Canada. Government employees. Government employees are not mentioned in the act. Burden of payment. The entire expense rests upon the employer. Compensation for death. (a) Medical and funeral expenses not in excess of $25, unless same are provided by
an association of which the deceased was a member. (6) Four times average yearly wages, but not less than $1,000 nor more than $2,000
payable to surviving consort, to children under 16 years of age, and depend
ent ascendants, shares to be agreed upon or determined by court. All amounts may be decreased or increased by court on account of inexcusable
fault of employee or employer.
Payments made for disability before death are deducted. Compensation for disability. (a) For permanent total disability, a pension equal to 50 per cent of the yearly
wages (including the maximum and minimum amounts). (6) For permanent partial incapacity, a pension equal to 50 per cent of the amount
by which the wages have been reduced because of the injury. (c) For temporary incapacity lasting over seven days, compensation equal to one
half the daily earnings received at the time of the accident, beginning with
the eighth day. (d) In computing pensions only one-fourth the excess of the annual earnings
between $600 and $1,000 is considered; the capital of any pension shall not exceed $2,000, unless higher because of accidents due to inexcusable fault
of the employer. Revision of compensation. Demands for change of amount of compensation may be made within four years.
Insurance. No reference concerning the insurance of risks under the law is contained in the act, except as to the payment of pensions due, which may be transferred to insurance companies. No release from liability is obtained by the employer by such transfer.
Security of payments. Claims for compensation or pensions form a lien on the real and personal property of the employer so long as they remain unpaid.
Settlement of disputes. Superior and circuit courts have jurisdiction over all disputes arising under this act. All proceedings are summary, no trial by jury being allowed.
Date of enactment. December 20, 1905; in effect March 31, 1906.
Injuries compensated. All injuries by accident, arising out of and in the course of the employment, which cause death or disable a workman for at least two weeks from earning full wages at the work at which he was employed, except when the injury is directly attributable to his serious and willful misconduct or when it occurs while proceeding to or from his place of work.
Industries covered. Industrial, commercial, manufacturing, building, agricultural, pastoral, mining, quarrying, engineering, or hazadous work carried on by or on behalf of the employer as a part of his trade or business."
Persons compensated. All persons under contract with an employer. Government employees. Act applies to any work carried on by or on behalf of the government or any local authority if it would, in case of a private employer, be an employment to which the act applies.
Burden of payment. Entire cost of compensation rests upon employer, but if there are contractors, then on such contractors and the principal, jointly and severally. Compensation for death. (a) A sum equal to three years' earnings, but not less than £200 ($973.30) nor
more than £400 ($1,946.60), to those wholly dependent upon earnings of deceased; but aged and infirm employees may agree in advance to accept
a reduced amount. (6) A sum less than above if heirs are only partly dependent. (C) Reasonable expenses of medical attendance and burial, not exceeding £30
($146), if deceased leaves no dependents. Compensation for disability. (a) A weekly payment during disability after second week, not exceeding 50
per cent of employee's a verage weekly earnings during the previous twelve months, such weekly payments not to exceed £1 ($4.87), and total liability not to exceed £100 ($1,946.60); except that aged and infirm employees
may agree in advance to accept a reduced amount. (6) A weekly payment during partial disability after second week, not exceeding
one-half of difference between the employee's average weekly earnings before the accident and the average weekly amount which he is earning or
able to earn after injury. (c) Minors may be allowed full earnings during incapacity, not exceeding 10
shillings ($2.43) weekly. (d) A lump sum may be substituted for weekly payments after three months,
on application of employer, the amount to be agreed upon or, in default of
agreement, to be determined by a police magistrate. Revision of compensation. Weekly payments may be revised by a police magistrate at request of either party.
Insurance. Employers may contract with their employees for substitution of a scheme of compensation, benefit, or insurance in place of the provisions of the act if the scheme is officially certified to be not less favorable to the employees and their dependents than the provisions of the act. In such case the employer is liable only in accordance with the scheme.
Security of payments. When an employer becomes liable under the act to pay compensation, and is entitled to any sum from insurers on account of the amount due to a worker under such liability, then in the event of his becoming insolvent, such workman has a first claim upon this sum for the amount so due.
Settlement of disputes. Disputes arising under the act are heard and determined by a police magistrate, whose decision is final, except that either party may appeal from this decision on any point of law with the latter's leave if the claim does not exceed £50 ($243.33), or without his leave if it exceeds that amount.
1 Seamen are compensated under a Commonwealth law of Dec. 28, 1911.