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The Underwriter Printing and Publishing Company
Eighty Maiden Lane, New York, N. Y.

FOREWORD

This is the third booklet under this title, and contains the lectures given under the auspices of The Insurance Society of New York in the third year or Senior Course of the Insurance Institute of America, in casualty insurance and suretyship. The publisher has included, on account of their value as collateral reading, some papers on allied subjects written especially for THE WEEKLY UNDERWRITER.

The first year lectures were printed in 1922 under the title, "Lectures on Insurance," and were as follows: Liability Insurance Principles, by W. G. Falconer; Delegation of Performance of Work, by W. G. Falconer; Liability of Owners and Occupiers, by W. G. Falconer; Protecting the Motor Car, by M. E. Jewett; Consequences of Automobile Accidents, by Edmund Ely; Fundamentals of Automobile Rating, by A. Ryder; Evolution of Workmen's Compensation Insurance, by Leon S. Senior; The Responsibility of the Employer, by H. E. Ryan; Recovery of Damages for Injury, by H. E. Ryan; The Oldest Form of Casualty Insurance, by Charles Bellinger; Accident and Health Insurance, by Charles Bellinger; Disability Classes and Ratings, by Charles Bellinger; Insurance Against Burglary and Theft, by W. P. Learned; Various Classes of Burglary Insurance, by W. P. Learned; Robbery in Its Various Forms, by W. P. Learned; Letter Writing as a Business Asset, by William B. Mann.

The second year lectures were printed in 1923, under the same general title, and were as follows: Plate Glass Insurance, by Nelson D. Sterling; Boiler Insurance and Rating Methods, by Curtis C. Gardiner; Sprinkler Leakage Insurance, by C. H. Vaughan; Law of Master and Servant, by Leon S. Senior; Workmen's Compensation in Europe, by Leon S. Senior; Workmen's Compensation in the United States, by Harwood E. Ryan; Underwriting Burglary and Theft Risks, by Edward B. Thistle; Burglary Rating and Co-insurance, by H. W. Cluff; Contract Bonds, by George E. Hayes; Court and Probate Bonds, by Frank J. Sayler; Bankers' Blanket Bonds, by C. E. Millen; Fidelity and Public Official Bonds, by Martin W. Lewis; Underwriting Principles in Accident and Health Insurance, by Charles Bellinger; Adjustment of Accident and Health Losses, by Dr. J. B. Galloway; Rate-making Methods, by G. F. Michelbacher; Policy Contracts in Public Liability Insurance, by Eugene F. Hord; Public Liability Claim Adjustments, by William A. Dibbs.

553396

LAW OF COMPENSATION FOR WORKMEN

General Principles-What Is an Accident?-Waiting PeriodSettlement of Claims-Maritime Employments-Leading State Statutes

By Leon S. Senior, Manager, Compensation Inspection Rating Board of New York State

There are now in force workmen's compensation laws in fortytwo states and three territories. In six of the Southern states, i. e., Arkansas, Florida, Mississippi, Missouri, North Carolina and South Carolina, the principles of compensation have not as yet been adopted. In Missouri a workmen's compensation act, adopted in 1921, was defeated by popular referendum.

The federal government has enacted a law covering the civil employees of the United States Government. There is a special compensation law for the benefit of soldiers and sailors and there is also a separate law for the Philippine Islands.

A detailed comparative study and examination of this legislation in all of the states and territories is obviously impossible during the limited time at our disposal. The best that can be done is to concentrate upon the essential features, to point out important provisions and the extent of their variations in the different states.

GENERAL PRINCIPLES

Before making a detailed survey of the legislative acts adopted in the United States and its territories it may be well to review as a preliminary the general principles which have governed our law-makers in drafting the most effective legislation which is now in force in the more progressive states of the country. These general principles may be outlined in the following order: (1) The general form of the act: system provided, whether elective or compulsory. (2) The employments covered under its provisions. (3) Definitions, particularly as to type of injury. (4) Adequacy of benefits provided. (5) Procedure in the payment of claims and the settlement of disputes. (6) Guarantee of payment and the form of insurance or other security provided.

If the principle of workmen's compensation is to be made effective the law must be compulsory in character. It will not do to give the employer unlimited freedom in his decision as to whether he will subject the establishment under his control to the workmen's compensation law or give to the workman the

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