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ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.
In order to facilitate the study and comparison of the compensation laws of the various States, they are analyzed in the following pages according to a uniform outline designed to show clearly the most important features of the several plans. The outline followed here is the one also used in another part of this Bulletin where under the title "Workmen's compensation laws of foreign countries” the various foreign laws as now existing are summarized.
ARIZONA. Date of enactment. June 8, 1912; in effect September 1, 1912; amended May 13, 1913, in effect October 1, 1913.
Injuries compensated. All accidental injuries causing disability of at least two weeks, or death, arising out of and in the course of the employment, caused in whole, or in part, or contributed to, by a necessary risk or danger of, or inherent in the nature of the employment, or by failure of the employer or his agents to exercise due care or to comply with any law affecting the employment.
Industries covered. All especially dangerous employments, including the construction, operation and maintenance of steam and street railroads, using or working near explosives, building work using iron or steel frames or hoists, derricks, or ladders or scaffolds 20 or more feet above ground; telegraph, telephone or other electrical work; work in mines, quarries, tunnels, subways, etc.; all mills, shops, and factories using power machinery. Industries declared especially dangerous are specified in law. Elective as to other industries.
Persons compensated. Private employment: All employees in industries covered. Public employment: No provision.
Burden of payment. Entire cost rests upon the employer. Compensation for death. (a) To persons wholly dependent, a lump sum equal to 2,400 times one-half the
daily wages or earnings of the deceased employee, but not to exceed $4,000.
Payments to children cease on reaching the age of 18 years. (b) If no dependents, the reasonable expenses of medical attendance and burial
of deceased employee. Compensation for disability. (a) For total disability, 50 per cent of the employee's semimonthly earnings
during the time he is unable to work at any gainful occupation. (6) For partial disability, a semimonthly payment equal to one-half the wage
decrease. (c) The total amount of payments for total or partial disability caused by a single
injury not to exceed $4,000. Revision of benefits. Examinations as to the nature of injury and degree of incapacity, etc., may be required by either party at intervals of not less than three months.
Insurance. The employer may insure provided the liability for compensation is not less than the compensation fixed by law.
Security of payments. A judgment for compensation issued by a court is collectible without relief from valuation or appraisement laws and has the same preferential claim as is allowed by law for unpaid wages or personal services.
Settlement of disputes. Disputes may be settled by (a) written agreement between the parties, (6) arbitration, or (c) by reference to the attorney general of the State, in case of failure or refusal to agree by any of the modes above provided, then by a civil action at law.
30597—Bull. 126—14— 4
CALIFORNIA. Date of enactment. April 8, 1911; in effect September 1, 1911; amended May 26, 1913, in effect January 1, 1914.
Injuries compensated. Injuries arising out of and in the course of employment causing disability for more than two weeks, or death, and not the result of the intoxication or willful misconduct of the injured employee.
Industries covered. All except agriculture and domestic service.
Persons compensated. Private employment: Every person in the service of an employer for hire, including aliens, apprentices, and members of employer's family who perform labor, excepting casual laborers. Public employment: Persons employed by the State and its political subdivisions, and all public corporations.
Burden of payment. Entire cost rests upon the employer. Compensation in case of death. (a) To persons wholly dependent, 3 times the annual earnings of the deceased
employee; not less than $1,000 nor more than $5,000, payable at least monthly in installments equal to 65 per cent of the wages. Payments to children cease on reaching the age of 18 years, unless mentally or physi
cally incapacitated for earning a living. (b) If only partial dependents survive, such proportion of the above as corre
sponds to the ratio between the earnings of the deceased and his contri
bution to their support. (c) If no dependents, the reasonable expense of burial, not exceeding $100. Compensation for disability. (a) Reasonable medical, surgical, and hospital treatment required during the
first 90 days after the injury. (6) For temporary total disability 65 per cent of average weekly earnings during
such disability. (c) For temporary partial disability 65 per cent of weekly loss of wages during
such disability. (d) The aggregate amount of benefits for a single injury causing temporary dis
ability is limited to three times the annual earnings of the injured person,
with a maximum benefit period of 240 weeks. (e) For permanent disability 65 per cent of average weekly earnings, for periods
varying from 40 to 240 weeks, according to the degree of disability. After the expiration of 240 weeks, a further benefit varying from 10 to 40 per cent of the weekly earnings is payable during the remainder of life, when the
degree of disability reaches or exceeds 70 per cent. In case of permanent incapacity or death, a lump sum may be substituted for
benefits, such lump sum to equal the present value of the benefits com
puted at 6 per cent. Revision of benefits. Decisions and awards may be reviewed at any time during the first 245 weeks, after legal notice received.
Insurance. A State insurance fund is created under State control for the purpose of insuring employers against liability. Employers may effect insurance for liability for accident with any insurance company. Municipalities are required to insure in the State fund, unless the risk is refused.
Security of payments. A claim for injury or death of an employee or any award shall have the same preference over other unsecured debts as is given by law to claims for wages, but not so as to impair a lien of a previous award.
Settlement of disputes. Disputes are settled by the State industrial accident commission, subject to a limited review by the courts.
Date of enactment. May 29, 1913; in effect January 1, 1914.
Injuries compensated. All injuries arising out of and in the course of employment, disability of more than two weeks, or death, except when injury is caused by willfuí and serious misconduct of the injured employee, or by his intoxication.
Industries covered. All industries, in absence of contrary election by employer.
Persons compensated. Private employment: All employees of employers accepting the act, in absence of contrary election. Public employment: Employees of the State and any public corporation within the State using the services of another for pay.
Burden of payment. Entire cost rests upon the employer.
(a) $100 for burial expenses.
earnings of the deceased employee. (c) If only partial dependents survive, a weekly compensation, determined
according to the measure of dependence, not exceeding one-half the earn
ings of the deceased employee. (d) If no dependents, the sum of $750 is to be paid to the State treasurer to meet
the lawful expenses of the compensation commissioners. (e) Compensation shall in no case be more than $10 or less than $5 weekly, and shall
not continue longer than 312 weeks. A widow's or widower's dependence ceases with remarriage, and a child's
upon reaching 18 years of age, unless physically or mentally incapacitated. Compensation for disability. (a) Medical and surgical aid and hospital service during the first 30 days. b) For total disability, a weekly compensation equal to one-half the employee's
earnings, not more than $10 or less than $5 weekly, or for longer than 520
weeks (c) For partial disability, a weekly compensation equal to one-half the wage loss,
but not more than $10 per week, or for longer than 312 weeks. For specified injuries causing permanent partial disability, one-half the average weekly earnings for fixed periods, in lieu of all other payments. Lump sum payments may be approved by the commissioner, provided they
equal the value of the compensations. Revision of benefits. Review may be had upon request of either party, whenever it shall appear to the compensation commissioner that the incapacity or the measure of dependence has changed.
Insurance. Approved schemes may be substituted provided the benefits are equivalent to those provided by law. Insurance may be taken in approved stock or mutual companies or associations.
Security of payments. Employer must furnish the insurance commissioner satisfactory proof of his solvency and financial ability to pay awards, file satisfactory security with the insurance commissioner, or insure in approved stock or mutual companies or associations.
Settlement of disputes. Disputes are to be settled by the compensation commissioners. Appeals from findings and awards of any commissioner may be made to the superior court of the county without cost to either party.
Date of enactment. June 10, 1911; in effect May 1, 1912; amended June 28, 1913, in effect July 1, 1913.
Injuries compensated. Accidental injuries arising out of and in the course of employment causing permanent disfigurement, disability of over 6 working days, or death.
Industries covered. The building trades; construction, excavating and electrical work; transportation; mining and quarrying; work with or about explosives, molten metals, injurious gases or vapors, or corrosive acids; and all enterprises in which the law requires protective devices; provided the employer elects. Other employers may elect, but forfeit no defenses if they do not. Cumpulsory as to State and its municipalities.
Persons compensated. Private employment: All employees. Public employment: All persons employed by the State, county, municipality, etc., except officials.
Burden of payment. Entire cost rests on the employer. Compensation for death. (a) To persons wholly dependent or to lineal heirs to whose support the employee
had contributed within 4 years, a sum equal to 4 years' earnings, not less
than $1,500 nor more than $3,500. (b) If only dependent collateral heirs survive, such a percentage of the above sum
as the support rendered during the past two years was of the earnings of the
deceased. (c) If no dependents, a burial benefit not exceeding $150. Compensation for disability.
(a) Medical and surgical aid for not over 8 weeks, not over $200 in value. (b) For total disability, beginning with eighth day, a weekly sum equal to one
half the employee's earnings, $5 minimum, $12 maximum, during disability or until payments equal a death benefit; thereafter, if the disability is permanent, a sum annually equal to 8 per cent of a death benefit, but
not less than $10 per month. (c) For permanent partial disability, one-half the loss of earning capacity, not
less than $5 nor more than $12 a week. (d) For certain specific injuries (mutilations, etc.), an additional benefit of 50 per
cent of weekly wages for fixed periods. (e) For serious and permanent disfigurement, not causing incapacity, and not
otherwise compensated, a sum not exceeding one-fourth the death benefits. No payments are to extend beyond 8 years except in case of permanent total incapacity.
Lump sum payments for either death or disability may be substituted for periodic payments by the industrial board.
Revision of benefits. Medical examinations may be had not oftener than every four weeks. The industrial board may, on request, review installment payments, within eighteen months after the award or agreement thereon.
Insurance. The employer may insure or maintain a benefit system, but may not reduce his liability under the act.
Security of payments. In case of insolvency, awards constitute liens upon all property of the employer within the county, paramount to all other claims, except wages, taxes, mortgages, or trust deeds.
Employers must furnish proof of ability to pay, or give security, insure, or make other provision for security of payment. The rights of an insolvent employer to insurance indemnities are subrogated to injured employees.
Settlement of disputes. Disputes are determined by the industrial board through an arbitration committee, subject to review by the board. Questions of law may be reviewed by the supreme court.
IOWA. Date of enactment. April 18, 1913; in effect (a) establishing industrial commission and providing for insurance of employees July 4, 1913; (b) compensation features, July 1, 1914.
Injuries compensated. All personal injuries arising out of and in the course of the employment causing disability of more than two weeks, or death; except when caused by the injured employee's willful intention to injure himself or another, or by the intoxication of the employee.
Industries covered. All industries except agriculture, in absence of contrary election by employer. Compulsory as to State and its municipalities.
Persons compensated. Private employment: All employees in industries covered in absence of contrary election, except clerks not subjected to the hazards of the industry and casual employees. Public employment: All employees of the State and its subdivisions.
Burden of payment. Entire burden is on employer. Compensation for death. (a) Reasonable expenses of the employee's last sickness and burial, not to
exceed $100. (6) To persons wholly dependent, a weekly payment equal to 50 per cent of the
wages of the deceased employee, but not more than $10 nor less than $5
per week, for 300 weeks. (c) If only partial dependents survive, such a proportion of the above as the
amounts contributed by the employee to such partial dependents bear to
his annual earnings. (d) If the employee was a minor whose earnings were received by the parent,
a sum to the parent equal to two-thirds of the amount provided for per
sons wholly dependent. Compensation for disability. (a) Reasonable surgical, medical, and hospital services and supplies for first two
weeks, not exceeding $100. (6) For total temporary disability, 50 per cent of wages, not more than $10 nor
less than $5, (unless wages are less than $5, then full wages), for not more
than 300 weeks. (c) For total permanent disability, the same compensation as for temporary dis
ability, to be paid for a period of not more than 400 weeks. (d) For partial permanent disability, (specified maimings) 50 per cent of a verage
weekly wages for fixed periods.
Lump sum payments may be substituted on approval of the court. Revision of benefits. Payments may be reviewed by the industrial commissioner at the request of either party.
Insurance. Employers may insure in approved companies or mutual associations, or contract with employees to maintain approved scheme in lieu of the compensation provided by law, provided there is no diminution of benefits.
Security of payments. Employers must insure in approved companies or mutual associations, or furnish satisfactory proof of financial ability to make payments, or deposit security with the State insurance department. In case of insolvency of the insurer, a claim for compensation becomes a first lien, and in case of legal incapacity of insured to receive the amount due the insurer must settle directly with the beneficiary.
Seillement of disputes. Disputes may be settled by arbitration.