CALIFORNIA. Date of enactment.-April 8, 1911; in effect September 1, 1911; new act, chapter 176, acts of 1913, in effect January 1, 1914; new act, chapter 586, acts of 1917, in effect January 1, 1918; amended chapter 471, acts of 1919. Injuries compensated.-Injuries or disease arising out of and in the course of employment, including injuries to artificial members, causing disability for more than 7 days, or death, not intentionally self-inflicted and not the result of the intoxication of the injured employee. Industries covered.-All except agriculture and domestic service, which services may come under the act by joint election. Persons compensated.-Private employment: All employees, including apprentices and aliens, excepting casual employees not in the course of the employer's trade or business. Public employment: Persons employed by the State and its political subdivisions and all public corporations, including officers and enlisted men of the National Guard. Burden of payment.-Entire cost rests upon the employer. Compensation for death: (a) The reasonable expense of burial, not exceeding $100. (b) To persons wholly dependent, three times the annual earnings of the deceased employee; not less than $1.000 nor more than $5,000, payable at least semimonthly in installments equal to 65 per cent of the wages. Payments to children cease on their reaching the age of 18 years, unless mentally or physically incapacitated for earning a living. (c) If only partial dependents survive, three times the annual contribution of the deceased to their support, subject to the same limitations as above. (d) If no dependents, burial expenses, and $350 to be paid to rehabilitation fund. Any disability payments made and burial expenses paid are to be considered as parts of the foregoing totals. Compensation for disability: (a) Such medical, surgical, and hospital treatment as may reasonably be required to cure and relieve from effects of injury. (b) For temporary total disability, 65 per cent o average weekly earnings during such disability. (c) For temporary partial disability, 65 per cent of weekly loss of wages during such disability. (d) For permanent disability, 65 per cent of average weekly earnings for periods varying from 4 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. The aggregate amount of benefits for a single injury causing temporary disability is limited to three times the annual earnings of the injured person, with a maximum benefit period of 240 weeks. 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 computed at 6 per cent. Average weekly earnings shall be considered as not less than $6.41 nor more than $32.05. Revision of benefits. -Decisions and awards may be reviewed at any time during the first 245 weeks, after legal notice received. Insurance.-Insurance is required in the State insurance fund or in an authorized insurance company, unless the employer furnishes proof of ability to carry his own insurance. 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. Policies inure directly to the benefit of employees, who also have a first lien on any amount due the employer from the insurance company. Self-insurers may be required to give bond or deposit securities. Settlement of disputes.-Disputes are settled by the State industrial accident commission, subject to a limited review by the courts. COLORADO. Date of enactment.-April 10, 1915; in effect August 1, 1915. Reenacted, chapter 210, acts of 1919. Injuries compensated.-Injuries caused by accident arising out of and in course of employment, not intentionally self-inflicted, and causing death within two years or disability for more than ten days. Industries covered.-All, except interstate commerce and domestic and agricultural labor, in which four or more persons are employed, if employers elect to come under the act; others may elect, but lose no defenses if they do not. Persons compensated.-Private employment: All employees, including aliens and minors, whether lawfully or unlawfully employed, but excluding employees whose work is but casual and not in the usual course of the employer's business. Public employees: All under any appointment or contract of hire; elective officials and officers and enlisted men of the National Guard excluded. Burden of payment.-All on employer. Compensation for death: (a) To persons wholly dependent, including acknowledged illegitimate children, 50 per cent of the weekly wages for six years, $10 maximum, $5 minimum, total not to exceed $3,125 nor to be less than $1,560. If death occurs from any cause during receipt of disability benefits, any unaccrued and unpaid remainder goes to dependents. (b) If only partial dependents survive, 50 per cent of the weekly wages, $10 maximum, $5 minimum, for such part of six years as the commission may determine, total not to exceed $3,125. If death occurs from any cause during the receipt of disability benefits, partial dependents shall receive not more than four times the amount contributed by the deceased during his last year of employment, the aggregate of disability and death benefits not to exceed $3,125. (c) If no dependents, medical services and $75 funeral expenses. (d) Payments to any beneficiary cease on death; to widow or dependent widower on remarriage, but a lump sum equal to one-half the unpaid balance shall be paid to the spouse if there are no children; if there are dependent children, the unpaid balance is payable to them; to children, on reaching the age of 18, unless physically or mentally incapacitated from earning. Payments lapsing for any reason go to surviving dependents, if any. Benefits to aliens are one-third the amounts payable to citizens, and may not exceed $1,041.66 in all. Compensation for disability: (a) Medical and surgical assistance for first 60 days, not more than $200 in value and $100 for dental services. (b) For temporary total disability, 50 per cent of weekly wages during continuance, $5 minimum, $10 maximum; full wages if less than $5. (c) For permanent total disability, 50 per cent of average weekly wages, maximum $10, minimum $5, for life. (d) For permanent partial disability, 50 per cent of the weekly wage decrease, $10 maximum; total not to exceed $2,600. Special schedule for specified injuries, 50 per cent of weekly wages for periods ranging from 4 to 208 weeks, in addition to other payments. Facial disfigurements may also be compensated for in an amount not exceeding $500. (e) For temporary partial disability, 50 per cent of wage loss during disability; maximum $10, minimum $5 weekly, aggregate maximum $1,300. Payments may be commuted to a lump sum after six months. Revision of benefits.-Awards may be reviewed after making, and may be appealed from within 20 days. Insurance-Insurance in State fund, stock, or mutual company, or proof of financial ability to make payments, is required. Public employees must be insured in the State fund. Security of payments.-Insurers are primarily liable to a workman or his beneficiaries entitled to benefits; notice to employer is notice to insurer; insolvency of employer does not release insurer. Claims are not assignable, and payments are exempt from attachment or execution. Claims to have same preference as to lien as wages, but not limited as to amount. Settlement of disputes.-Disputes are determined by the industrial commission, with lin ited appeal to courts. CONNECTICUT. Date of enactment.-May 29, 1913; in effect January 1, 1914; amended, chapter 228, acts of 1915; chapter 368, acts of 1917; chapter 284, acts of 1918; chapter 142, acts of 1919. Injuries compensated.—All injuries arising out of and in the course of employment, disability of more than 7 days, or death, except when injury is caused by willful and serious misconduct of the injured employee, or by his intoxication. Occupational diseases are included. Industries covered.-All industries in which five or more persons are employed, in absence of contrary election by employer. Persons compensated.-Private employment: All employees of an employer accepting the act, in absence of contrary election, outworkers and casual employees who are employed otherwise than for the purposes of the employer's business excepted. 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) Compensation shall in no case be more than $18 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 Compensation for disability: (a) Reasonable medical and surgical aid and hospital service. (b) For total disability, a weekly compensation equal to one-half the employee's earnings, not more than $14 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 $18 per week, or for longer than 520 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. The commissioner retains control over awards during their whole period, with power to take proper action thereon at any time. 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. Payments are not assignable, are exempt from execution, and are entitled to the same preference as wage debts. 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. DELAWARE. Date of encctment.-April 2, 1917; in effect January 1, 1918; amended, chapter 203, acts of 1919. Injuries compensated.-Injuries by accident arising out of and in course of employment, causing disability for more than 14 days, or death within one year, and not due to the employee's intoxication or willful negligence or intent to injure himself or another. Industries covered.-All, except agriculture and domestic service, in which five or more persons are employed, unless contrary election is made. Persons compensated.-Private employment: All persons under contract for hire for a valuable consideration except casual employees not in the regular course of the trade or business of the employer, and outworkers. Public employment: Not included. Burden of payment.-All on the employer. (a) Funeral expenses, not exceeding $100. (b) To the widow or widower alone, 25 per cent of the wages of the deceased employee; if ore child, 40 per cent, and 5 per cent for each additiona! child; not over 60 per cent in all. If one or two orphan children, 25 per cent, and 10 per cent for each additional child, the total not to exceed 60 per cent. If none of the foregoing, and a dependent parent or parents survive, 20 per cent; if no parents, to dependent brothers or sisters, 15 per cent for one, with 5 per cent for each additional, the total not to exceed 25 per cent. Aliens (widows and children only) receive one-half the above amounts. Payments are for a period of 285 weeks, minus any disability benefits paid the injured person prior to his death, but cease on the death of a beneficiary, the remarriage of a widow or widower, or on a child attaining the age of 16 years; but orphan children or those abandoned by the surviving parent continue to receive benefits until the age of 16, regardless of the limitation of 285 weeks. Shares lapsing are redistributed. Wages used in computing death benefits shall be reckoned as not less than $10 nor more than $30 per week. Compensation for disability: (a) Medical and surgical aid as may be reasonably required during the first (c) For partial disability, 50 per cent of the wage loss, not more than $15 per Periodical payments may be commuted to lump sums on the application of either party, with due notice to the other. Revision of benefits.-On application of any party in interest, but not oftener than once in six months, a review of awards may be had and changes made as the condition of the injured person or the status of beneficiaries may warrant. Insurance.-Insurance is required in an approved organization, unless adequate proof of the employer's financial ability to meet obligations is furnished. Self-insurers may be required to give bond or make a deposit to secure the payment of liabilities. Security of payments.-Policies must inure directly to the benefit of the person entitled to compensation. Payments have the same priority as wage debts, and are not subject to assignment or execution. Settlement of disputes.-Disputes are settled by the State industrial accident board, subject to appeal to the courts, to be tried without the aid of a jury. DISTRICT OF COLUMBIA. Date of enactment.-July 11, 1919; in effect July 1, 1919. This act extends the provisions of the act compensating civil employees of the United States to "employees of the government of the District of Columbia so far as they may be applicable," except pensionable members of the police and fire departments. For analysis, see page 67. |