Sidebilder
PDF
ePub

CONNECTICUT.

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 willful 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.

Compensation for death.

(a) $100 for burial expenses.

(b) To persons wholly dependent, a weekly compensation equal to one-half the 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 earnings 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.

ILLINOIS.

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 onehalf 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.

(b) 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 persons wholly dependent.

Compensation for disability.

(a) Reasonable surgical, medical, and hospital services and supplies for first two weeks, not exceeding $100.

(b) 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 disability, to be paid for a period of not more than 400 weeks.

(d) For partial permanent disability, (specified maimings) 50 per cent of average 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.

Settlement of disputes. Disputes may be settled by arbitration.

KANSAS.

Date of enactment. March 14, 1911; in effect January 1, 1912; amended March 10, 1913.

Injuries compensated. Injuries by accident arising out of and in the course of employment not due to intoxication or deliberate intention of injured employee, or caused by his willful failure to use safeguards provided by statute or furnished by employer, causing incapacity to earn full wages for at least two weeks, or death.

Industries covered. Railways, factories, quarries, electrical, building or engineering work, laundries, natural gas plants, county and municipal work, employments requiring the use of dangerous, explosive or inflammable materials, if employing 5 or more persons; and mines without reference to the number of employees, in absence of contrary election; employers of less than 5 persons may also elect.

Persons compensated. Private employment: All employees, including apprentices, but excluding casual employees. Public employment: Workmen on county and municipal work.

Burden of payment. Entire cost rests upon the employer.

Compensation for death.

(a) To persons wholly dependent, a sum equal to 3 years' earnings of the deceased employee, not less than $1,200 nor more than $3,600. For nonresident alien beneficiaries (except in Canada) the maximum is $750.

(b) If only partial dependents survive, a sum proportionate to the injury to such dependents.

(c) If no dependents are left, a reasonable expense for medical attendance and burial not exceeding $100.

Compensation ceases upon the marriage of any dependent, or when a minor, not physically or mentally incapable of wage earning, shall become 18 years of age.

Compensation for disability.

(a) For total incapacity, payments during incapacity after the second week, equal to 50 per cent of earnings, but not less than $6 nor more than $15 per week. (b) For partial incapacity, payments during incapacity, after the second week, not less than 25 nor more than 50 per cent of earnings, not less than $3 nor more than $12 per week, except in case of minors earning less than $10 per week, in which case the compensation shall not be less than 75 per cent of the earnings.

No payments for total or partial disability shall extend over more than 8 years. After six months, lump sum payments may be substituted, as agreed upon or determined by the court.

Revision of benefits. Any award may be modified at any time by agreement. After one year either party may demand a revision. Employees must submit to medical examination at reasonable periods to determine their physical condition.

Insurance. The employer may insure in any approved insurance scheme which provides compensation not less favorable than is provided in this act.

Security of payments. Lump sums awarded by the court, may be secured by order of the court by a good and sufficient bond when there is doubt of security of payment. If the employer was insured, the insurer shall be subrogated to the rights and duties of the employer.

Settlement of disputes. Disputes not settled by agreement may be referred to arbitrators, subject to an appeal to courts.

MARYLAND.

Date of enactment. April 15, 1912; in effect same date.

Injuries compensated. Injuries by accident arising out of and in the course of employment resulting in death or disability, not caused by the injured employee's intoxication, or willful intention to produce such injury. Contract may provide that injury must incapacitate employee from earning full wages for at least one week.

Industries covered. All industries, on agreement between employers and employees. Persons compensated. Private employment: All employees who agree to accept this law. Public employment: No provision.

Burden of payment. Not less than fifty per cent, plus cost of management in case of establishment funds, on employer; remainder on employee. Compensation for death.

(a) To persons wholly dependent, a sum equal to 3 years' earnings of the deceased employee, but not less than $1,000.

(b) If only partial dependents survive, a sum equal to that provided for total dependence, less six times the average annual earnings of the beneficiary. (c) If no dependents, reasonable expenses of medical attendance and in addition burial expenses not less than $75 nor more than $100.

(d) Payments under (a) and (b) may be made in lump sum or in weekly payments, according to the contract of insurance.

Compensation for disability.

(a) In case of total disability, a weekly payment of not less than 50 per cent of the average weekly wages during the previous 12 months, to be paid during the period of disability. If not employed 12 months, then a weekly benefit during such shorter period as he may have been employed by the employer liable for payments.

(b) In case of partial disability, weekly payments equal to the difference between amount paid for total disability and the amount employee is able to earn after injury; fixed rates for loss of hand, foot, or eye.

Revision of benefits. No provision.

Insurance. Insurance may be effected in approved companies, or employers employing not less than 1,500 employees may establish an insurance fund from sums contributed by themselves and employees.

Security of payments. Establishment funds must be held as trust funds and not otherwise invested.

Settlement of disputes. Disputes are settled by arbitration, if so provided in contract.

« ForrigeFortsett »