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groups as heretofore provided in accordance with the experience of such group, but all the funds of the association and the contingent liability of all of the subscribers shall be available for the payment of any approved claim for compensation against the association.

Premiums, etc.,

SEC. 17. Any proposed premium, assessment, dividend or distribution of subscribers shall be filed with the commissioner of banking and to be approved. insurance and shall not take effect until approved by him after such investigation as he may deem proper and necessary.

SEC. 18. The board of directors shall make and enforce reasonable rules for the prevention of injuries on the premises of subscribers, and for this purpose the inspector of the association shall have free access to all such premises during regular working hours. Any subscriber aggrieved by such rule or regulation may petition the Industrial Accident Board for a review, and it may affirm, amend or annul the rule or regulation.

Prevention of accidents.

SEC. 19. Every subscriber shall, as soon as he secures a policy, give Notice to emnotice, in writing or print, to all persons under contract of hire with ployees. him that he has provided for payment of compensation for injuries with

the association.

SEC. 20. Every subscriber shall, after receiving a policy, give notice Same subject. in writing or print, to all persons with whom he is about to enter into a contract of hire, that he has provided for payment of compensation for injuries by the association. If any employer ceases to be a subscriber, he shall, on or before the day on which his policy expires, give notice to that effect in writing or print to all persons under contract of hire with him. In case of the renewal of his policy no notice shall be required under this act. He shall file a copy of said notice with the Industrial Accident Board.

SEC. 21. If a subscriber, who has complied with all the rules, regulations and demands of the association, is required by any judgment of a court of law to pay any employee any damages on account of any personal injury sustained by such employee during the period of subscription, the association shall pay to the subscriber the full amount of the judgment and the cost assessed therewith, if the subscriber shall have given the association notice of the bringing of the action upon which the judgment was recovered, and an opportunity to appear and defend same.

SEC. 22. The corporate powers of the association shall not expire because of failure to issue policies or make insurance.

SEC. 23. The board of directors appointed by the governor under the provisions of Part III, section 2, of this act, may incur such expenses in the performance of its duties as may be approved by the governor; such expenses shall be paid by the State out of any funds not otherwise appropriated, not to exceed five thousand dollars.

PART IV.

SECTION 1. The following words and phrases, as used in this act, shall, unless a different meaning is plainly required by the context, have the following meaning: "Employer" shall include the legal representatives of any original employer.

"Employee" shall include every person in the service of another under any contract of hire, expressed or implied, oral or written, except one whose employment is but casual, or is not in the usual course of the trade, business, profession or occupation of the employer. Any reference to any employee who has been injured shall when the employee is dead, also include the legal beneficiaries of such employee to whom compensation may be payable.

"Average weekly wages" shall mean the earnings of the injured employee during the period of twelve calendar months immediately preceding the date of injury divided by fifty-two; but if the injured employee lost more than two weeks during such period, then the earnings for the remainder of the twelve calendar months shall be divided by the number of weeks remaining after the time lost has been deducted. When, by reason of the shortness of the time of the employ

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ment of the employee, it is impracticable to compute the average weekly wages as above defined, it shall be computed by the Industrial Accident Board in any manner which may seem just and fair to both parties.

"Association" shall mean the "Texas Employees Insurance Association" or any other insurance company authorized under this act to insure the payment of compensation to injured employees, or to the beneficiaries of deceased employees.

"Subscriber" shall mean any employer who has become a member of the association by paying a year's premium in advance and receiving the receipts of the association therefor: Provided, That the association holds a license issued by the commissioner of banking and insurance as provided for in Part III, section 12 of this act.

SEC. 2. Any insurance company, which term shall include mutual and reciprocal insurance companies lawfully transacting a liability or accident business within this State, shall have the same right to insure the liability to pay the compensation provided for by Part I of this act, and when such company issues a policy conditioned to pay such compensation the holder of such policy shall be regarded as a subscriber so far as applicable under this act; and when such company insures such payment of compensation it shall be subject to the provisions of Parts I, II and IV and of sections 10, 17 and 21 of Part III of this act, and shall file with the commissioner of banking and insurance its classification of premiums none of which shall take effect until the commissioner of banking and insurance has approved same as adequate to the risks to which they respectively apply and not greater than charged by the association, and such company may have and exercise all of the rights and powers conferred by this act on the association created hereby but such rights and powers shall not be exercised by a mutual or reciprocal organization unless such organization has at least fifty subscribers, who have not less than two thousand employees.

SEC. 3. Any subscriber who has paid his annual premium as provided in section 1, Part IV of this act, but who ceases to be an employer after three months and before the expiration of one year, may by satisfactory proof of such fact made to the Industrial Accident Board as herein created be entitled to a refund of such portion of the annual premium so paid by him as the portion of the year in which he is notan employer bears to the whole year: Provided, That in no event shall more than three-fourths of the annual premium by any subscriber who claims the benefit of this refund ever be refunded.

SEC. 4. Should any part of this act be, for any reason held to be invalid or inoperative, no other part or parts shall be affected thereby, and if any exception to or limitation upon any general provision herein contained shall be held to be unconstitutional or invalid or ineffective the general provision shall nevertheless stand effective and valid as if it had been enacted without exception or limitation.

SEC. 5. All laws or parts of laws in conflict herewith are hereby repealed.

SEC. 6. This act shall take effect and be in force on and after the first day of September, Nineteen Hundred and Thirteen. Approved April 16, 1913.

Legislation authorized.

VERMONT.

CONSTITUTION.

Compensation for injuries to employees.

ARTICLE 32. The general assembly may pass laws compelling compensation for injuries received by employees in the course of their employment resulting in death or bodily hurt, for the benefit of such employees, their widows or next of kin. It may designate the class or classes of employers and employees to which such laws shall apply.

Ratified March 4, 1913.

WASHINGTON.

ACTS OF 1911.

CHAPTER 74.-Workmen's insurance-Industrial insurance department.

Grounds of

SECTION 1. The common-law system governing the remedy of workmen against employers for injuries received in hazardous work is incon- law. sistent with modern industrial conditions. In practice it proves to be economically unwise and unfair. Its administration has produced the result that little of the cost of the employer has reached the workman and that little only at large expense to the public. The remedy of the workman has been uncertain, slow and inadequate. Injuries in such works, formerly occasional, have become frequent and inevitable. The welfare of the State depends upon its industries, and even more upon the welfare of its wageworker. The State of Washington, therefore, exercising herein its police and sovereign power, declares that all phases of the premises are withdrawn from private controversy, and sure and certain relief for workmen, injured in extra hazardous work, and their families and dependents is hereby provided regardless of questions of fault and to the exclusion of every other remedy, proceeding or compensation, except as otherwise provided in this act; and to that end all civil actions and civil causes of action for such personal injuries and all jurisdiction of the courts of the State over such causes are hereby abolished, except as in this act provided.

Suits abolished.

SEC. 2. There is a hazard in all employment, but certain employ- Extrahazardous ments have come to be, and to be recognized as being inherently con- employments. stantly dangerous. This act is intended to apply to all such inherently hazardous works and occupations, and it is the purpose to embrace all of them, which are within the legislative jurisdiction of the State, in the following enumeration, and they are intended to be embraced within the term “extra hazardous" wherever used in this act, to-wit:

Factories, mills and workshops where machinery is used; printing, electrotyping, photo-engraving and stereotyping plants where machinery is used; foundries, blast furnaces, mines, wells, gas works, waterworks, reduction works, breweries, elevators, wharves, docks, dredges, smelters, powder works; laundries operated by power; quarries; engineering works; logging, lumbering and shipbuilding operations; logging, street and interurban railroads; buildings being constructed, repaired, moved or demolished; telegraph, telephone, electric light or power plants or lines, steam heating or power plants, steamboats, tugs, ferries and railroads. If there be or arise any extra hazardous occupation or work other than those hereinabove enumerated, it shall come under this act, and its rate of contribution to the accident fund hereinafter established, shall be, until fixed by legislation, determined by the department hereinafter created, upon the basis of the relation which the risk involved bears to the risks classified in section 4.

SEC. 3. In the sense of this act words employed mean as here stated, to wit:

Factories mean undertakings in which the business of working at commodities is carried on with power-driven machinery, either in manufacture, repair or change, and shall include the premises, yard and plant of the concern.

Workshop means any plant, yard, premises, room or place wherein power-driven machinery is employed and manual labor is exercised by way of trade for gain or otherwise in or incidental to the process of making, altering, repairing, printing or ornamenting, finishing or adapting for sale or otherwise any article or part of article, machine or thing, over which premises, room or place the employer of the person working therein has the right of access or control.

Mill means any plant, premises, room or place where machinery is used, any process of machinery, changing, altering or repairing any article or commodity for sale or otherwise, together with the yards and premises which are a part of the plant, including elevators, warehouses and bunkers.

Definitions.

Mine means any mine where coal, clay, ore, mineral, gypsum or rock is dug or mined underground.

Quarry means an open cut from which coal is mined, or clay, ore, mineral, gypsum, sand, gravel or rock is cut or taken for manufactur ing, building or construction.

Engineering work means any work of construction, improvement or alteration or repair of buildings, structures, streets, highways, sewers, street railways, railroads, logging roads, interurban railroads, harbors, docks, canals; electric, steam or water power plants; telegraph and telephone plants and lines; electric light or power lines, and includes any other works for the construction, alteration or repair of which machinery driven by mechanical power is used.

Except when otherwise expressly stated, employer means any person, body of persons, corporate or otherwise, and the legal personal representatives of a deceased employer, all while engaged in this State in any extra hazardous work.

Workman means every person in this State, who, after September 30, 1911, is engaged in the employment of an employer carrying on or conducting any of the industries scheduled or classified in section 4, whether by way of manual labor or otherwise, and whether upon the premises or at the plant or, he being in the course of his employment, Certain injuries away from the plant of his employer: Provided, however, That if the away from plant injury to a workman occurring away from the plant of his employer is of employer. due to the negligence or wrong of another not in the same employ, the injured workman, or if death results from the injury, his widow, children, or dependents, as the case may be, shall elect whether to take under this act or seek a remedy against such other, such election to be in advance of any suit under this section; and if he take under this act, the cause of action against such other shall be assigned to the State for the benefit of the accident fund; if the other choice is made, the accident fund shall contribute only the deficiency, if any, between the amount of recovery against such third person actually collected, and the compensation provided or estimated by this act for such case. Any such cause of action assigned to the State may be prosecuted, or compromised by the department, in its discretion. Any compromise by the workman of any such suit, which would leave a deficiency to be made good out of the accident fund, may be made only with the written approval of the department.

Any individual employer or any member or officer of any corporate employer who shall be carried upon the pay roll at a salary or wage not less than the average salary or wage named in such pay roll and who shall be injured, shall be entitled to the benefit of this act as and under the same circumstances as and subject to the same obligations as a workman.

Dependent means any of the following-named relatives of a workman whose death results from any injury and who leaves surviving no widow, widower, or child under the age of sixteen years, viz: invalid child over the age of sixteen years, daughter, between sixteen and eighteen years of age, father, mother, grandfather, grandmother, stepfather, step-mother, grandson, granddaughter, step-son, step-daughter, brother, sister, half-sister, half-brother, niece, nephew, who, at the time of the accident, are dependent, in whole or in part, for their support upon the earnings of the workman. Except where otherwise provided by treaty, aliens, other than father or mother, not residing within the United States at the time of the accident, are not included. Beneficiary means a husband, wife, child or dependent of a workman, in whom shall vest a right to receive payment under this act. Invalid means one who is physically or mentally incapacitated from earning.

The word "child," as used in this act, includes a posthumous child, a child legally adopted prior to the injury, and an illegitimate child legitimated prior to the injury.

The words injury or injured, as used in this act, refer only to an injury resulting from some fortuitous event as distinguished from the contraction of disease.

Schedule of

SEC. 4. Insomuch as industry should bear the greater portion of the burden of the cost of its accidents, each employer shall, prior premium rates. to January 15th of each year, pay into the State treasury, in accordance with the following schedule, a sum equal to a percentage of his total pay roll for that year, to wit: (the same being deemed the most accurate method of equitable distribution of burden in proportion to relative hazard):

CONSTRUCTION WORK.

Tunnels; bridges; trestles; subaqueous works; ditches and canals
(other than irrigation without blasting); dock excavation;
fire escapes; sewers; house moving; house wrecking..
Iron, or steel frame structures or parts of structures..
Electric light or power plants or systems; telegraph or telephone
systems; pile driving; steam railroads..

Steeples, towers or grain elevators, not metal framed; dry-
docks without excavations; jetties; breakwaters; chimneys;
marine railways; waterworks or systems; electric railways
with rock work or blasting; blasting; erecting fireproof doors
or shutters....

Steam heating plants; tanks, water towers or windmills, not metal frames..

Shaft sinking.

Concrete buildings; freight or passenger elevators; fireproofing
of buildings; galvanized iron or tin works; gas works, or
systems; marble, stone or brick work; road making with blast-
ing; roof work; safe moving; slate work; outside plumbing
work; metal smokestacks or chimneys..
Excavations not otherwise specified; blast furnaces.
Street or other grading; cable or electric street railways without
blasting; advertising signs; ornamental metal work in build-
ings.

Ship or boat building or wrecking with scaffolds; floating docks.
Carpenter work not otherwise specified..

Installation of steam boilers or engines; placing wire in conduits;
installing dynamos; putting up belts for machinery; marble,
stone or tile setting, inside work; mantel setting; metal ceiling
work; mill or ship wrighting; painting of buildings or struc-
tures; installation of automatic sprinklers; ship or boat rigging;
concrete laying in floors, foundations of street paving; asphalt
laying; covering steam pipes or boilers; installation of ma-
chinery not otherwise specified..

Drilling wells; installing electrical apparatus or fire alarm systems in buildings; house heating or ventilating systems; glass setting; building hot houses; lathing; paper hanging; plastering; inside plumbing; wooden stair building; road making..

OPERATION (INCLUDING REPAIR WORK) OF—

0.065

.080

.050

.050

.040

.060

.050 .040

. 035

.045
.035

.030

.020

(All combinations of materials take the higher rate when not otherwise provided).

Logging railroads; railroads; dredges; interurban electric railroads using third rail system; dry or floating docks...... Electric light or power plants; interurban electric railroads not using third-rail system; quarries...

0.050

.040

Street railways, all employees; telegraph or telephone systems;

stone crushing; blasting furnaces; smelters; coal mines; gas works; steamboats; tugs; ferries.

030

Mines, other than coal; steam heating or power plants.
Grain elevators; laundries; waterworks; paper or pulp mills;
garbage works...

.025

.020

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