KANSAS. Date of enactment.-March 14, 1911; in effect January 1, 1912; amended, chapter 216. acts of 1913; chapter 226, acts of 1917; chapter 222, acts of 1919. Injuries compensated.-Injuries by accident arising out of and in the course of employment, not due to intoxication or deliberate intention of injured employee, or caused by his willful failure to use safeguards provided by statute or furnished by employer, causing incapacity to earn full wages for at least one week, or death. Industries covered.-Railways, factories, quarries, electrical, building or engineering work, laundries, natural-gas plants, county and municipal work, employments requiring the use of dangerous, explosive, or inflammable materials, if employing five or more persons; and mines, without reference to the number of employees, all in absence of contrary election; employers in other industries and those employing less than five persons may also elect. Persons compensated.-Private employment: All employees, including apprentices, but excluding those employed otherwise than for the purpose of the employer's business. Public employment: Workmen on county and municipal work. Burden of payment.-Entire cost rests upon the employer. Compensation for death: (a) To persons wholly dependent, a sum equal to three years' earnings of the deceased employee, not less than $1,400 nor more than $3,800. For nonresident alien beneficiaries (except in Canada) the maximum is $750. (b) If only partial dependents survive, a sum proportionate to the injury to such dependents. (c) If no dependents are left, a reasonable expense for burial, not exceeding $150. Compensation ceases upon the marriage of any dependent, or when a minor, not physically or mentally incapable of wage earning, shall become 18 years of age. Compensation for disability: (a) On demand, medical, surgical, and hospital treatment, not over $150 in (b) For total incapacity, payments during incapacity after the first week, equal No payments for total or partial disability shall extend over more than eight After six months, lump-sum payments may be substituted at the employer's option, the sum to be agreed upon or determined by the court; or the workman may apply for a lump-sum settlement at any time. Revision of benefits.-Any award may be modified at any time by agreement, or either party may demand a revision. Insurance. The employer may insure in any approved insurance scheme which provides compensation not less favorable than is provided in this act. Security of payments.-Lump sums awarded by the court may be secured by order of the court by a good and sufficient bond when there is doubt of security of payment. If the employer was insured the insurer shall be subrogated to the rights and duties of the employer. Claims and awards are not assignable or subject to execution, etc. Settlement of disputes.-Disputes not settled by agreement may be referred to arbitrators, subject to an appeal to courts. KENTUCKY. Date of enactment.-March 23, 1916; in effect August 1, 1916; amended, ch. 176, 1918. Injuries compensated.-Personal injuries by accident arising out of and in course of employment, causing incapacity for more than seven days, or death within two years, not self-inflicted, or due to intoxication or willful misconduct. Results of preexisting diseases are not included. Industries covered.-All except domestic service and farm labor where three or more persons are employed; excepted industries may become subject to the act by joint application by employers and employees. Persons compensated.-Private employment: All employees in establishments coming under the act, if the employees elect. Public employment: All employees of municipalities coming under the act, if the employees elect. Burden of payment.-All on the employer. Compensation for death: (a) Reasonable burial expenses, not to exceed $75. (b) To persons wholly dependent, 65 per cent of the average weekly earnings, not more than $12 nor less than $5 per week, for 335 weeks, the total not to exceed $4,000. (c) If only partial dependents survive, a proportion of the amount for total de-. pendency, determined by the degree of dependence. (d) If no dependents, $100, payable to the personal representative. Payments to a widow or widower cease on remarriage and to a child on reaching the age of 16, unless incapacitated for wage earning. Payments thus terminated go to other beneficiaries, if any. Compensation for disability: (a) Medical, surgical, and hospital aid for 90 days, unless another period is fixed by the board, the cost not to exceed $100. (b) For total disability, 65 per cent of average weekly wages, not more than $12 nor less than $5, for eight years, total not to exceed $5,000. (c) For partial disability, 65 per cent of the weekly wage loss, not to exceed $12, for not more than 335 weeks, total not to exceed $4,000. Compensation periods are fixed for special injuries, in lieu of other payments. Lump-sum awards may be made after six months if approved by the board. Revision of benefits.-Review may be had on the request of either party or on the motion of the board, changing or revoking any previous order. Insurance.-Employers accepting the act must insure in a stock or mutual company or the State Employees' Insurance Association, or give proof of financial ability to pay compensation direct. Security of payments.-Insurance policies must provide for direct liability to the beneficiaries. Self-insurers must furnish bond or other security. Benefits have the same priority as wage debts and are not subject to assignment or attachment. Settlement of disputes.-Disputes are settled by the workmen's compensation board, or a member thereof, or a referee appointed by it; limited appeal to courts. LOUISIANA. Date of enactment.-June 18, 1914; in effect January 1, 1915; amended, Nos. 38, 39, 1918. Injuries compensated.-Personal injury by accident arising out of and in course of employment causing disability for more than 2 weeks, or death within 1 year, and not due to willful intention to injure, to intoxication, to deliberate failure to use safeguards, or to deliberate breach of safety laws. Industries covered.-Hazardous trades, businesses, or occupations in absence of contrary election; extensive list, and others may be so adjudged or brought within the act by voluntary agreement. Compulsory as to employees of the State and its municipalities and public boards. Persons compensated.-Private employment: Every person performing services arising out of and incidental to his employer's trade, business, or occupation, if the same is within the act. Public employment: Every person in the service of the State, etc., except officials. Burden of payment.-All on employer. Compensation for death: (a) $100 expenses of burial. (b) To widow or dependent widower alone, 25 per cent of weekly wages, 40 per cent if 1 child, and 55 per cent if 2 or more. If 1 child alone, 25 per cent, 40 per cent for 2, and 55 per cent for 3 or more. For 1 dependent parent, 25 per cent; for 2, 55 per cent; if 1 brother or sister, 25 per cent and 10 per cent additional for each other. The total in no case may exceed 55 per cent of the weekly wages, $3 minimum payment, $16 maximum, for not over 300 weeks. Payment to any beneficiary ceases on death or marriage, to children on reaching the age of 18, unless mentally or physically incapacitated. Compensation for disability: (a) Reasonable medical, surgical, and hospital services, not to exceed $150 in value. (b) For total disability, 55 per cent of the weekly wages, $16 maximum, $3 minimum, unless the wages are less than $3, then full wages, for not more than 400 weeks. (c) For partial disability, 55 per cent of the wage loss, for not more than 300 weeks. (d) Fixed schedule for specified injuries, for periods from 10 to 200 weeks, in lieu of other payments. Payments in any case may be commuted to a lump sum on agreement of the parties and approval by the courts. Revision of benefits.-Judgments may be modified at any time by agreement of the parties and approval by the courts; or after 1 year, they may be reviewed by the court on application of either party. Insurance.-Not required. Security of payments.-Policy of insurance must give claimants right to direct payment regardless of the default or bankruptcy of the employer. Compensation payments have the same preference as wage debts. Settlement of disputes.-Disputes are settled by judges of the courts in simple, summary procedure. MAINE. Date of enactment.-April 1, 1915; in effect January 1, 1916; reenacted April 4, 1919. Injuries compensated.-Injury sustained in course of employment, causing disability for more than 10 days, or death, not due to willful intention to injure himself or another, and not due to intoxication unless fact or habit of intoxication was known or cognizable to employer. Industries covered.-All except agricultural and domestic labor, logging, and seamen in interstate or foreign commerce, in which more than five persons are employed, if employer elects. Abrogation of defenses does not affect cutting, hauling, driving, or rafting of logs. Persons compensated.-Private employment: All persons in industries covered, employees whose work is casual or not in the usual course of the employer's business excepted. Public employment: Employees of the State, cities, and counties, and of towns accepting the provisions of the act, other than officials; but cities and towns may continue injured firemen on the pay roll at full pay, in lieu of compensation. Burden of payment.-All on employer. If employees contribute to substitute scheme, additional proportionate benefits must be paid. Compensation for death: (a) To persons wholly dependent, 60 per cent of weekly wages for 300 weeks, $6 minimum, $15 maximum, not over $3,500 in all. (b) If only partial dependents survive, amounts proportionate to the relation of the contribution paid by deceased, and his average wage, for 300 weeks. (c) If no dependents, not above $200 expenses of last sickness and burial. Payments to children cease at age of 18 unless mentally or physically incapacitated for earning a living. Compensation for disability: (a) Reasonable medical and hospital service during first 30 days of disability, not over $100 in value, unless by agreement or order of commission a longer period or larger amount is provided for. (b) For total disability, 60 per cent of the wages for not more than 500 weeks, $6 minimum, $15 maximum, total not to exceed $4,200. (c) For partial disability, 60 per cent of the weekly wage loss, not over $15, for not more than 300 weeks. For specified injuries causing permanent partial disability, 60 per cent of the wages for various fixed periods, then compensation on basis of wage loss, if any, for not more than 300 weeks in all. Lump-sum payments may be approved by the commission after weekly payments for not less than six months. Revision of benefits.-Agreements or awards may be reviewed at the instance of either party at any time within two years. Insurance.-Insurance in approved companies is required unless the employer gives satisfactory proof of solvency and makes deposit or bond to secure payments. Security of payments.-Claims have same preference over unsecured debts as do wages for labor. Settlement of disputes.-Disputes are to be settled by the industrial accident commission, with appeal to courts on question of law. MARYLAND. Date of enactment.-April 16, 1914; in effect November 1, 1914; amended, special session, chapter 6, 1917, chapters 86, 368, 379, 597, 713, acts of 1916. Injuries compensated.-Accidental personal injury arising out of and in course of employment, not due to willful intention or intoxication, and causing disability for more than two weeks or death within two years. Industries covered.-Extrahazardous (enumerated list); others by joint election of employers and employees. Farm and domestic labor, country blacksmiths and wheelwrights are excluded. Persons compensated.-Private employment: All industries covered, except casual employees and those receiving more than $2,000 annually. Public employment: Workmen employed for wages in extrahazardous work, unless the municipality makes other equal or better provision. Burden of payment.-All on employer. Compensation for death: (a) Funeral expenses, not over $75. (b) To persons wholly dependent, 50 per cent of the weekly wages for eight years; not more than $4,250 nor less than $1,000. (c) To persons partly dependent, 50 per cent of the weekly wages for such portion of eight years as the commission may fix, the amount not to exceed $3,000. (d) If no dependents, funeral expenses only. (e) Payments to widow cease on remarriage, and to children on reaching the age of 16 years, unless mentally or physically incapacitated. Compensation for disability: (a) Medical, surgical, etc., expenses, not above $150 in value. (b) For total disability, 50 per cent of weekly wages, $5 minimum, $12 maximum, during its continuance, total not to exceed $5,000. If wages are less than $5, full wages will be paid. (c) For partial disability, 50 per cent of weekly wage loss, $12 maximum, total not over $3,000; specific periods for specified maimings, in lieu of other payments. Where the injured employee is a learner, with prospect of increase of wages, this fact may be considered in fixing awards. Payments may, in the discretion of the commission, be made in part or in whole in lump sums. Revision of benefits.-The commission may modify its findings and orders at any time for justifiable cause. Insurance.-Insurance in State fund, stock or mutual company, or proof of financial ability, is required. Security of payments.-Policies must permit action by commission to secure payments to any person entitled. Payments may not be assigned, nor are they subject to execution or attachment. Settlement of disputes.--Disputes are to be settled by the industrial accident commission, with appeal to courts. |