ONTARIO. Date of enactment.-May 1, 1914; in effect January 1, 1915; amended 1915, 1916, 1917, 1919. Injuries compensated.-Injuries by accident arising out of and in course of employment which cause death or disable a workman for at least seven days; those due to the serious and willful misconduct excepted, unless resulting in death or serious disablement. Where compensation is payable it dates from disability. Enumerated industrial diseases included. Industries covered.-Extensive list; includes manufacturing, construction, lumbering, mining, quarrying, transportation, navigation, operation of public utilities, etc. Farm labor and domestic service are excluded. Persons compensated.-All employees in industries covered other than those whose employment is casual and not for the purposes of the employer's trade or business. Government employees.-Included in so far as their employments would be covered if under private employers. Burden of payment.-Cost rests entirely on the employer. Compensation for death: (a) Necessary burial expenses, not exceeding $75. (b) To a widow or invalid widower, $30 per month until death or remarriage, with $7.50 additional for each child under 16 years of age; orphan children, $10 per month each; no total to exceed $60. (c) To other dependents, not over $20 to the parent or parents, and not over $30 per month in all, for not longer than support might be reasonably expected. (d) If no dependents, reasonable allowance may be made for medical attendance, care, maintenance, and burial. The aggregate compensation, except for burial expenses, may not exceed 55 per cent of the monthly wages of the deceased. Payments to children cease at 16 unless invalid, and to widow on remarriage, when she receives two years' benefits. Compensation for disability: (a) Necessary medical and surgical aid, with transportation to hospital or home if needed. (b) For total disability 55 per cent of the average weekly earnings, during disability. (c) For partial disability, 55 per cent of the weekly wage loss, payable during the continuance of such disability. Periodical payments may be commuted to a lump sum after six months, or Revision of compensation.-Awards may be reviewed on the motion of either party in interest; also on the board's own motion if payments are being made from the accident fund. Insurance.-Payments under the main schedule are made from an accident fund compulsorily maintained by employers under schedule I of the act. Board may require employers under schedule II to insure in an approved company. Security of payments.-State board administers the accident fund and is required to maintain a reserve. Employers not contributors to the fund may be required to deposit a capital sum to secure payments, or furnish other security. Payments are exempt from assignment, attachment, or set-off, except with the approval of the board; nor may they pass by operation of law to other than to a personal representative. Settlement of disputes.-All disputes are to be settled by the board, suits at law being forbidden except in defined classes of cases of liability for negligence of employers not under schedule I. QUEBEC. Date of enactment.-May 29, 1909; in effect January 1, 1910. Amended 1914, 1918. Injuries compensated. All injuries happening to workmen by reason of or in the course of their work causing death, or disability lasting over seven days. Injuries intentionally caused by the person injured are not compensated. Industries covered.-Building, manufacturing, transportation, engineering, and construction work, mining, quarrying; stone, wood, and coal yards; any industrial enterprise using machinery operated by power. Agriculture and navigation of sailing vessels are excluded." Persons compensated.-Workmen, apprentices, and employees earning not more than $1,200 per annum. Foreign workmen or their representatives are compensated only if and so long as they reside in Canada. Government employees.-Government employees are not mentioned in the act. (a) Medical and funeral expenses not in excess of $25, unless same are provided by an association of which the deceased was a member. (b) Four times average yearly wages, but not less than $1,000 nor more than $2,500 payable to surviving consort, to children under 16 years of age, and dependent ascendants, shares to be agreed upon or determined by court. All amounts may be decreased or increased by court on account of inexcusable fault of employee or employer. Payments to children cease at 16, unless invalids. Payments made for disability before death are deducted. Compensation for disability: (a) For permanent total disability, a pension equal to 50 per cent of the yearly wages. (b) For permanent partial incapacity, a pension equal to 50 per cent of the amount by which the wages have been reduced because of the injury. (c) For temporary incapacity lasting over seven days, compensation equal to onehalf the daily earnings received at the time of the accident, beginning with the eighth day, not less than $4 per week. (d) In computing pensions only one-fourth the excess of the annual earnings between $800 and $1,200 is considered; the capital of any pension shall not exceed $2,500, unless higher because of accidents due to inexcusable fault of the employer. All periodical payments may be commuted to lump sums. Revision of compensation.-Demands for change of amount of compensation may be made within four years. Insurance.-No reference concerning the insurance of risks under the law is contained in the act, except as to the payment of pensions due, which may be transferred to insurance companies. No release from liability is obtained by the employer by such transfer. Security of payments.-Claims for compensation or pensions form a lien on the real and personal property of the employer so long as they remain unpaid. Settlement of disputes.-Superior and circuit courts have jurisdiction over all disputes arising under this act. All proceedings are summary, no trial by jury being allowed. YUKON TERRITORY. Date of enactment.-April 24, 1917. Injuries compensated.-Injuries by accident arising out of and in course of employment, causing disability for at least 14 days, or death, not due to willful misconduct or intoxication. Where compensation is payable, it dates from the disability. Industries covered.-All, where five or more workmen are employed. Persons compensated.-All in industries covered except outworkers and casual employees in other than the employer's trade or business. Government employees.--Included. Burden of payment.-Rests on employer. Compensation for death.-If dependents survive, $2,500; if none, burial and medical expenses, nursing, etc., not to exceed $500, of which not over $150 may be for burial expenses. Compensation for disability: (a) For permanent total disability, $3,000. (b) For permanent partial disability, fixed sums for injuries scheduled; others in proportion to degree of disability. (c) For temporary disability, 50 per cent of wages, payable weekly for not more than six months. Revision of compensation.-Weekly payment awards may be reviewed at the request of either party. Insurance.-No provision. Security of payments.-Claims are not assignable, and awards are exempt from execution, attachment, etc. Judge may order award to be invested or otherwise applied for the benefit of the person entitled thereto. Settlements of disputes.-If parties do not agree to settlement, application may be made to a judge of the Territorial court, whose decision is final. APPENDIX.-TEXT OF WORKMEN'S COMPENSATION LAWS OF THE UNITED STATES AND CANADA. UNITED STATES. ALABAMA. ACTS OF 1919. No. 245.—Compensation of workman for injuries. PART 1.-COMPENSATION BY ACTION AT LAW. SECTION 1. When personal injury or death is caused to an employee by Actions for an accident arising out of and in the course of his employment, of which damages. injury the actual or lawfully imputed negligence of the employer is the natural and proximate cause, he, or in case of death, his personal representative, for the exclusive benefits of the surviving spouse and next of kin, shall receive compensation by way of damages therefor from the employer, provided the injury or death was not caused by the willful misconduct of the employee or was not due to misconduct on his part as hereinafter in section 9 hereof defined. ished. SEC. 2. In all cases brought under part 1 of this act it shall not be a Defenses abol defense (a) that the employee was negligent, unless and except it shall also appear that such negligence was willful, or that such employee was guilty of willful misconduct as hereinafter in section 9 hereof defined; (b) that the injury was caused by the negligence of a fellow employee; (e) that the employee had assumed the risks inherent in, or incidental to the work, or arising out of his employment or arising from the failure of the employer to provide and maintain sate premises and suitable appliances which grounds of defense are hereby abolished except as provided in section 4. Same. able. SEC. 3. If the employer elects not to come under part 2 of this act, he loses the right to interpose the three defenses named in section 2 in any action against him for personal injury or death of an employee. SEC. 4. If the employee elects not to become subject to part 2 of When this act, in any action brought to recover damages for personal injury or death by accident against an employer who has elected to come under part 2 of this act, said employee or his personal representative shall proceed as at common law only, and such employee shall have no right of action under sections 3912, 2485, 2486, 3910, 2484 of the Code of 1907 or any other right given by statute, and the employer in such suit may avail himself of all defenses as provided by statute in effect at the adoption of this act or at common law. avail. SEC.5. The provisions of sections 1, 2, 3, and 4 shall apply to any Application. claims for death of an employee as covered by sections 3912, 2485, and 2456 of the Code of 1907, and to personal injuries arising under sections 3910 and 2484. Minors unlaw fully employed. effect. SEC. 5a. The provisions of this act shall apply to employees who are minors and who have been employed in accordance with or contrary to laws regulating the employment of minors. SEC. 5b. When an accident occurs while the employee is employed Extraterritorial elsewhere than in this State which would entitle him or his dependents to compensation had it happened in this State, the employee or his dependents shall be entitled to compensation under this act if the contract of employment was made in this State unless otherwise expressly provided by said contract, and such compensation shall be in lieu of any right of action and compensation for injury or death by the laws of any other State. Burden of proof. Attorney's fees. Scope of act. Effect of agreement. duct. SEC. 6. In all actions of law brought pursuant to part 1 of this act, the burden of proof to establish willful misconduct (or other misconduct as hereinafter in sec. 9) hereof defined of the injured employee shall be upon the defendant. SEC. 7. No part of the compensation payable under this act shall be paid to attorneys for the claimant for legal services unless upon the application of a claimant to a judge of the circuit court such judge shall order or approve of the employment of an attorney by the claimant and in such event the judge upon the hearing of the petition for compensation shall fix the fee of the attorney for the claimant for his legal services, and the manner of its payment, but such fee shall not exceed ten (10) per cent of the compensation awarded or paid. PART 2.-ELECTIVE COMPENSATION. SECTION 8. This act shall not be construed or held to apply to any common carrier (doing an interstate business) while engaged in interstate commerce, or to domestic servants, farm laborers or persons whose employment at the time of the injury is casual, and not in the usual course of the trade, business, profession, or occupation of the employer, or to any employer who regularly employs less than 16 employees in any one business, or to any county, city, town, village, or school district: Provided, however, That any employer who regularly employs less than 16 employees in any one business or any county, city, town, village, or school district may accept the provisions of this act by filing written notice thereof with the probate judge of each county in which said employer is located or does business, said notice to be recorded by the judge of probate for which he shall receive the usual fee for recording conveyances, and copies thereof to be posted at the places of business of said employers: And provided further, That said employers who have so elected to accept the provisions of this act may at any time withdraw the acceptance by giving like notice of withdrawal: Provided further, That in no event nor under any circumstances shall this bill apply to farmers and their employees. SEC. 9. If both employer and employee shall by agreement expressed or implied or otherwise as herein provided become subject to part 2 of this act, compensation, according to the schedules hereinafter contained, shall be paid by every such employer in every case of personal injury or death of his employee caused by an accident arising out of and in the course of his employment, without regard to any question of negligence, except no compensation shall be allowed for an injury or death caused Willful miscon- by the willful misconduct of the employee or by the employee's intention to bring about the injury or death of himself or of another or due to his own intoxication or his willful failure or willful refusal to use safety appliances provided by the employer or due to the willful refusal or willful neglect of the employee or servant to perform a statutory duty or due to any other willful violation of the law by the employee or his willful breach of a reasonable rule or regulation of his employer of which rule or regulation the employee has knowledge. If the employer defends on the ground that the injury arose in any or all of the last abovestated ways the burden of proof shall be on the employer to establish such defense. Remedy exclusive. Same. SEC. 10. Such agreement or the election hereinafter provided for shall be a surrender by the parties thereto of their rights to any other method, form, or amount of compensation or damages for any injury occasioned by an accident proximately resulting from and while engaged in the actual performance of the duties of his employment, and from a cause originating in such employment, or determination thereof than as provided in part 2 of this act, and shall be an acceptance of all the provisions of part 2 of this act, and shall bind the employee himself, and for compensation of his death shall bind his personal representative, the surviving spouse and next of kin, as well as the employer and those conducting his business during bankruptcy or insolvency, for compensation for death or injury, as provided for by part 2 of this act. SEC. 101. The rights and remedies herein granted to an employee shall exclude all other rights and remedies of said employee, his personal representative, parent, dependents, or next of kin. at common law, by |