Sidebilder
PDF

NEVADA.

Date of enactment. March 15, 1913; in effect July 1, 1913.

Injuries compensated. Injuries arising out of and in the usual course of employment, causing incapacity to earn full wages for a period of two weeks, or death, except when caused by the employee's willful intention to injure himself or another, or if the injury is sustained while intoxicated.

Industries covered. All in which two or more persons are employed, except domestic and farm labor, in the absence of contrary election; compulsory as to the State and its municipalities regardless of the number of employees.

Persons compensated. Private employment: All employees in the industries covered. Public employment: All employees. Burden of payment. The entire cost rests upon the employer. Compensation for death. (a) To the dependents or beneficiaries of the deceased employee, a sum equal to 50 per cent of his average monthly earnings, but not less than $20 nor more than $60 per month for a period of 100 months, in no case exceeding $5,000, and in addition the burial expenses, not exceeding $125. (6) If no dependents are left, expenses of the last sickness and burial of the deceased employee, not to exceed $125. Compensation for disability, (a) For total disability, an amount equal to 50 per cent of the average monthly wages, but not leas than $20 nor more than $60 per month for 100 months, the total amount not to exceed $5,000. (6) For partial disability, one-half the loss of earning capacity, but not more than

$40 per month for a period not to exceed 60 months, (c) For certain specific injuries (mutilations, etc.) subject to a minimum of $20 and a maximum of $60 per month, a monthly payment equal to 50 per cent of average monthly wages, for fixed periods. No compensation is payable for the first 2 weeks of disability, but if the disability continues 8 weeks or longer compensation is paid from the date of the injury.

The industrial commission may permit substitution of lump sum payments for monthly payments, but no such payment shall exceed $5,000. Revision of benefits. Rearrangement of compensation may be made by the industrial commission when application is made therefor.

Insurance. Employers coming under this act must insure in the State insurance fund.

Security of payments. State management of the insurance fund and collection of premiums by the State.

Settlement of disputes. All matters relating to the amount of compensation to be paid are determined by the industrial commission.

NEW HAMPSHIRE.

Date of enactment. April 15, 1911; in effect January 1, 1912.

Injuries compensated. Any injury to an employee arising out of and in the course of employment causing disability of over two weeks, or death, unless due to willful misconduct, intoxication, or violation of law.

Industries covered. Industries dangerous to life or limb, including the operation and maintenance of steam and electric railroads, work in shops, mills, factories, etc., employing 5 or more persons; work about lines or cables charged with electricity; operations dangerously near explosives used in the industry, or to a steam boiler owned and operated by the employer; and work in or about any quarry, mine or foundry; provided the employer elects.

Persons compensated. Private employment: All workmen engaged in any of the employments covered by this law. Public employment: Government employees are not mentioned.

Burden of payment. Entire cost rests upon the employer. Compensation for death, (a) To persons wholly dependent, a sum equal to 150 times the average weekly

earnings of the deceased, not to exceed $3,000. (6) If only partial dependents survive, such proportion of the above compensation

as corresponds to the portion of wages contributed to their support, (c) If no dependents are left, expenses of medical care and burial to a reasonable amount, not in excess of $100. Compensation for disability, (a) For total disability, a sum beginning with the fifteenth day, not exceeding

50 per cent of average weekly earnings. (6) For partial disability, a sum not in excess of 50 per cent of the loss of earning capacity.

In no case is compensation to exceed $10 a week nor run for a longer period than 300 weeks.

The court may determine the amount of lump sums payable as a substitute for weekly payments. Revision of benefits. The injured person, when requested by the employer, must submit to medical examination not oftener than once a week. Insurance. No provision.

Security of payments. The employer must satisfy the commissioner of labor of his ability to pay the required compensation or file a bond conditioned on the discharge of all liability incurred under this act.

Weekly payments have the same preferential claim against the assets of the employer as is allowed for unpaid wages or personal services.

Settlement of disputes. All questions not settled by agreement are determined by an action in equity.

NEW JERSEY.

Date of enactment. April 4, 1911; in effect July 1, 1911; amended May 2, 1911, April 1,1912, and March 27,1913.

Injuries compensated. Injury by accident arising out of and in the course of employment causing disability of over two weeks, or death, unless intentionally self-inflicted or due to intoxication. Industries covered. All employments in the absence of contrary election. Persons compensated. Private employment: All employees except casual. Nonresident aliens receive no benefits. Public employment: Every employee of the State, county, municipality, board or commission, or other governing body, including boards of education, except persons receiving a salary greater than $1,200 per year, and those holding an elective office. Burden of payment. The entire cost rests upon the employer. Compensation for death, (a) To one dependent, 35 per cent of the wages of the deceased person, and for each additional dependent 5 per cent additional, the total not to exceed 60 per cent, payable for not more than 300 weeks. Compensation not to be less than $5 nor more than $10 per week, unless the earnings were less than $5, when full wages are paid. (6) If no dependents, the expense of the last sickness and of burial, not exceeding $100.

Payments to widows cease on remarriage, and to orphans on reaching the age

of 18, unless physically or mentally deficient. A lump sum payment may be substituted at the discretion of the court of common pleas. Compensation for disability, (a) Reasonable medical and hospital services for the first two weeks of incapacity,

not exceeding $50 in value. (6) For temporary total disability 50 per cent of wages, payable during disability

but not beyond 300 weeks, (c) For permanent total disability, 50 per cent of wages during such disability, ,

not beyond 400 weeks, (rf) For certain specific injuries (mutilations, etc.) producing partial but per'manent disabilities, 50 per cent of wages during fixed periods. All weekly payments are subject to the same rule as to minimum and maximum, as for death benefits. A lump sum payment may be substituted at the discretion of the court of common pleas.

Revision of benefits. At any time after one year after an award has been made, either party may demand a revision of benefits. Insurance. No provision.

Security of payments. The right of compensation has the same preference against the assets of the employer as are now or may hereafter be allowed by law for a claim for unpaid wages.

Settlement of disputes. Either party may submit a claim to the judge of the court of common pleas who shall hear and determine such disputes in a summary manner, subject to review of questions of law by the supreme court.

NEW TOBK.

[Elective tow.]

Date of enactment. May 24, 1910; in effect September 1, 1910.

Injuries compensated. All injuries causing disability to earn full wages for a period of at least two weeks, or death, provided the injury was not the result of serious and willful misconduct of the injured person. Industries covered. Any industry except railroads if the employer elects. Persons compensated. Private employment: Any employee. Public employment: Government employees are not mentioned. Burden of payment. Entire cost rests upon the employer. Compensation for death, (a) To persons wholly dependent, a sum equal to 1,200 times the daily earnings

oi the employee, but not exceeding $3,000. (6) If only partial dependents survive, such sum not exceeding that provided for persons wholly dependent, as may be determined to be reasonable and proportionate to the loss to such dependents, (c) If no dependents, the reasonable expenses of medical attendance and burial not exceeding $100. Compensation for disability. (a) For total disability, a weekly payment beginning with the fifteenth day after injury, and continuing during incapacity, not exceeding 50 per cent of earnings. In no case is such compensation to exceed $10 per week or extend beyond eight years from the date of accident. (6) In case of partial incapacity the weekly payment shall equal but not exceed one-half the loss of earning capacity. In fixing the amount of compensation regard in to be had to any payment or other benefit the injured person may have received from his employer during the period of incapacity. Revision of benefits. The employer may require the injured person to submit to a medical examination after three weeks following the injury at intervals not oftener than once in six weeks. Insurance. No provision.

Security of payments. Weekly payments under this law have the same preferential claim against the assets of the employer as are now allowed by law for unpaid wages or personal services.

Settlement of disputes. Disputes are determined by arbitration as provided by civil procedure, oroy an action at law in any court having jurisdiction in cases on written contracts.

NEW YOBK.

[Compulsory law.]

Date of enactment. December 16, 1913; in effect July 1, 19H.

Injuries compensated. Accidental injuries arising out of and in course of employment, and disease or infection naturally and unavoidably resulting therefrom, causing disability for more than two weeks, or death, unless caused by the willful intention of the injured employee to bring about the injury or death of himself or another, or by his intoxication while on duty.

Industries covered. "Hazardous employments," including construction, maintenance; and operation of steam and street railroads; telegraph, telephone, and other electrical construction, installation, or operation; foundries, machine shops, and power plants; stone cutting or dressing; manufactures, tanneries, laundries, printing, and bookbinding; shipbuilding and repair, and the use of vessels in intrastate commerce; work in mines, quarries, tunnels, subways, shaft sinking, etc.; engineering work, and the construction, repair, and demolition of buildings and bridges; lumbering, draying, loading, and unloading.

Persons compensated. Private employment: All employees in industries covered, farm laborers and domestic servants not included. Public employment: Not included.

Burden of payment. Entire cost rests on employer.

Compensation in case of death, (a) $100 for funeral expenses.

(6) To a widow or dependent widower alone, 30 per cent of wages of deceased, 10 per cent additional for each child under 18; dependent orphans under 18 receive 15 per cent each, and dependent parents, brothers, or Bisters receive 15 per cent each; aggregate payments in no case to exceed 66§ per cent.

(c) Payments to widow or widower cease on death or remarriage or when dependence of widower ceases, with two years' compensation on remarriage; payments to children, brothers, and sisters cease at 18, and to parents when dependence ceases.

In computing the above benefits no wages in excess of $100 monthly are considered. Compensation for disability. (a) Medical and surgical treatment and hospital services for 60 days, costs to be

approved by the commission. 6) For total disability, 66§ per cent of wages during continuance, c) For partial disability, 66} percent of wage loss; for specified permanent partial disabilities (mutilations, etc.), 66} per cent of wages for fixed periods. The foregoing payments may not be less than $5 nor more than $15 per week, except for certain maimings the maximum may be $20. Revision of benefits. Awards may be reviewed at any time, and ended or increased or decreased within the limits fixed.

Insurance. Employer must give proof of financial ability to make payments (deposit of securities may be required), or must insure in State fund or mutual or stock company.

Security of payments. Insurance may be made to inure directly to the benefit of claimants; insolvency of employer does not release insurance company. Payments have same preference as unpaid wages for labor.

Settlement of disputes. Disputes are settled by the State workmen's compensation commission, with appeals to courts.

« ForrigeFortsett »