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النشر الإلكتروني

NEBRASKA.

Date of enactment.-April 21, 1913; in effect December 1, 1914. [Deferred by referendum.] Amended, chapter 85, acts of 1917; chapter 91, acts of 1919.

Injuries compensated.—Injury causing disability for more than seven days, or death, caused by accident arising out of and in the course of employment, except accident caused by or resulting in any degree from willful negligence or intoxication. Industries covered.-All industries where one or more persons are employed by the employer in the regular trade, business, or occupation of the employer, except domestic service, agriculture, and interstate or foreign commerce, in the absence of contrary election. Exempt employers may make an affirmative election.

Persons compensated.-Private employment: All employees, including aliens and minors, but excluding employees whose work is but casual or not for the purpose of gain or profit of the employer or not in the usual course of the employer's business, and home workers. Public employment: All persons employed by the State, or any Government agency created by it, not elected or appointed for a regular term. Burden of payment.-The entire cost rests upon the employer.

Compensation for death:

(a) In addition to any other benefits, a reasonable amount not exceeding $150 to cover expenses of last sickness and burial.

(b) To persons wholly dependent, 663 per cent of the employee's wages, but not less than $6 nor more than $15 per week, during dependency, but not exceeding 350 weeks; if the wages of the deceased were less than $6 per week then full wages are to be paid as compensation.

(c) If only partial dependents survive, a proportion of the above corresponding to the relation the contribution of the deceased to their support bore to his wages.

Compensation to children ceases when they reach the age of 16 years, unless they are physically or mentally incapacitated from earning.

Compensation for disability:

(a) Medical and hospital services not exceeding $200 in value.

(b) For total disability, 663 per cent of the weekly wages, but not more than $15 nor less than $6 per week for 300 weeks; thereafter, for life or while disability lasts 45 per cent of such wages, but not more than $12 nor less than $4.50 per week unless wages are less, then full wages.

(c) For partial disability, 663 per cent of loss of earning capacity, but not exceeding $15 per week nor exceeding 300 weeks.

(d) For certain specified injuries (mutilations, etc.), 663 per cent of wages for fixed periods in lieu of other benefits, $15 maximum, $6 minimum, unless wages are less, then wages.

Payments begin with the eighth day, but if disability continues six weeks or longer, compensation is computed from the date of injury.

Lump sums may be substituted for periodic payments, but if for death or permanent disability, the approval of the court must be obtained.

Revision of benefits.--Benefits running for a period of six months or longer may be revised at any time by agreement of the parties, with the approval of the compensation commissioner, or after six months by application of either party to a court.

Insurance.--An employer under the act must insure his liability for compensation in an authorized stock or mutual insurance company, or furnish proof of financial ability to make payments.

Security of payments.-Insurance policies must inure directly to the benefit of beneficiaries and be enforceable in an action by them.

Compensation rights and awards have the same preference against the assets of the employer as unpaid wages for labor.

Settlement of disputes.-All disputed claims must be submitted to the compensation commissioner, from whose award either party may appeal to the district court of the county, the case to be heard and determined as a cause in equity, with the right of further appeal to the supreme court.

NEVADA.

Date of enactment.—March 15, 1913; in effect July 1, 1913; amended, chapter 190, acts of 1915; chapter 233, acts of 1917; chapter 176, acts of 1919.

Injuries compensated.-Injuries arising out of and in the course of employment, causing incapacity to earn full wages for more than seven days or death, except when caused by the employee's willful intent or intoxication.

Industries covered.-All except domestic and farm labor, provided the employer elects; compulsory as to the State and its municipalities.

Persons compensated.-Private employment: All employees in the industries covered, including aliens and minors, whether lawfully or unlawfully employed, but excluding employees whose work is both casual and not in the usual course of the employer's business. Public employment: All employees.

Burden of payment.-The entire cost rests on the employer, except that he may deduct one-half the cost of an "accident benefit fund, not more than $1 per month, from each employee's wages for medical, etc., expenses.

Compensation for death:

(a) Burial expenses not to exceed $125.

(b) To widow or dependent widower, 30 per cent of the average monthly wages, with 10 per cent additional for each child under 18 years of age. If only children survive, 15 per cent for each child; the total in either case not to exceed 663 per cent. If there are none of the foregoing, one dependent parent may receive 25 per cent, and two 35 per cent; if dependent brothers or sisters under 18, 20 per cent for one, and 30 per cent if more than one. Other cases of dependency are to be dealt with according to the facts. Payments to a widow or dependent widower cease on remarriage; widow receives two years' benefits in a lump sum. Payments to children cease at 18, unless incapable of self-support.

Payments to nonresident alien beneficiaries are 60 per cent of the above. No excess of wages above $120 per month shall be considered in awarding benefits.

No lump-sum settlements are allowed in case the widow, dependent children, or other persons are wholly dependent.

Compensation for disability:

(a) Reasonable medical, surgical, and hospital aid for not more than 90 days, but may be extended to 1 year by the industrial commission.

(b) For temporary total disability, an amount equal to 60 per cent of the average monthly wages, but not less than $30 nor more than $72 for not over 100 months, with $10 per month additional if injured person had dependents, total amount not to exceed $7,200.

(c) For permanent total disability, 60 per cent of the average monthly wage, not less than $30 nor more than $60, payable during life.

(d) For temporary partial disability, 60 per cent of the loss of earning capacity, but not more than $40 per month for not more than 60 months, wages in excess of $120 per month not to be considered.

(e) For certain specific injuries (mutilations, etc.), a monthly payment equal to one-half the monthly wages, not less than $30 nor more than $60, for fixed periods, in addition to the payments for temporary total disability.

No compensation is payable for the first week of disability, but if it continues one week beyond the first seven days or longer compensation is paid from the date of the injury.

The industrial commission may permit the substitution of lump sums for monthly payments in an amount not exceeding $5,000.

Revision of benefits.-Readjustment of compensation may be made by the commission on application therefor.

Insurance. Employers coming under this act must insure in the State insurance fund.

Security of payments.-State management of the insurance fund and collection of premiums by the State. Payments are not assignable and are exempt from attach

ment, etc.

Settlement of disputes.-All matters relating to the amount of compensation to be paid are determined by the industrial commission.

NEW HAMPSHIRE.

Date of enactment.-April 15, 1911; in effect January 1, 1912, ch. 163. Injuries compensated. Any injury to an employee arising out of and in the course of employment causing disability of over two weeks, or death, unless due to willful misconduct, intoxication, or violation of law.

Industries covered.-Industries dangerous to life or limb (enumerated list), including the operation and maintenance of steam and electric railroads, work in shops, mills, factories, etc., employing five or more persons; work about lines or cables charged with electricity; operations dangerously near explosives used in the industry, or to a steam boiler owned and operated by the employer; and work in or about any quarry, mine, or foundry (enumerated list); provided the employer elects.

Persons compensated.-Private employment: All workmen engaged in any of the employments covered by this law. Public employment: Government employees are

not mentioned.

Burden of payment.-Entire cost rests upon the employer.

Compensation for death:

(a) To persons wholly dependent, a sum equal to 150 times the average weekly earnings of the deceased, not to exceed $3,000.

(b) If only partial dependents survive, such proportion of the above compensation as corresponds to the portion of wages contributed to their support.

(c) If no dependents are left, expenses of medical care and burial to a reasonable amount, not in excess of $100.

Compensation for disability:

(a) For total disability, a sum beginning with the fifteenth day, not exceeding 50 per cent of average weekly earnings.

(b) For partial disability, a sum not in excess of 50 per cent of the loss of earning capacity.

In no case is compensation to exceed $10 a week nor run for a longer period than 300 weeks.

The court may determine the amount of lump sums payable as a substitute for weekly payments.

Revision of benefits.-The injured person, when requested by the employer, must submit to medical examination not oftener than once a week.

Insurance. No provision.

Security of payments. The employer must satisfy the commissioner of labor of his ability to pay the required compensation or file a bond conditioned on the discharge of all liability incurred under the act.

Weekly payments have the same preferential claims against the assets of the employer as is allowed for unpaid wages or personal services.

Settlement of disputes.--All questions not settled by agreement are determined by an action in equity.

NEW JERSEY.

Date of enactment.-April 4, 1911; in effect July 1, 1911; amended by chapter 174, acts of 1913; chapter 244, acts of 1914; chapter 149, acts of 1918; and chapter 93, acts

of 1919.

Injuries compensated.-Injury by accident arising out of and in the course of employment causing disability of over 10 days, or death, unless intentionally self-inflicted or due to intoxication.

Industries covered.—All employments in the absence of contrary election.

Persons compensated.-Private employment: All employees except casual. Nonresident aliens receive no benefits. Public employment: Every employee of the State, municipality, etc., except persons receiving a salary greater than $1,200 per year, and those holding an elective office.

Burden of payment. The entire cost rests upon the employer.

Compensation for death:

(a) The expense of the last sickness not exceeding $200, and not exceeding $100 for burial.

(b) To one dependent, 35 per cent of the wages of the deceased person, and for each additional dependent 5 per cent additional, the total not to exceed 60 per cent, payable for not more than 300 weeks. Compensation not to be less than $6 nor more than $12 per week, unless the earnings were less than $6 when full wages are paid.

(c) If no dependents, chapter 203, acts of 1918, requires the sum of $400 to be paid to the commissioner of labor.

No compensation is allowed to nonresident alien dependents.

Payments to all dependents cease at death, to widows on remarriage, and to orphans on reaching the age of 18, unless physically or mentally deficient. A lump-sum payment may be substituted at the discretion of the court of common pleas.

Compensation for disability:

(a) Reasonable medical and hospital services for 27 consecutive days following the day of the accident, not exceeding $50 in value, which may be extended to 17 weeks and $200 in value in exceptional cases.

(b) For temporary disability 663 per cent of wages, payable during disability, but not beyond 300 weeks.

(c) For permanent total disability, 663 per cent of wages during such disability, not beyond 400 weeks.

(d) For certain specific injuries (mutilations, etc.) producing partial but permanent disabilities, 663 per cent of wages during fixed periods, in addition to payments for any period of total disability.

All weekly payments are subject to a minimum of $6 per week and a maximum of $12 per week unless earnings were less than $6 when full wages are paid. A lump-sum payment may be substituted at the discretion of the workmen's compensation bureau.

Revision of benefits.-At any time after one year from the time an award becomes operative, either party may demand a revision of benefits.

Insurance. No provision in the principal act. Supplemental acts (ch. 178 and ch. 262, acts of 1917) require every employer, whether accepting the compensation act or not, to furnish proof of ability to carry his own insurance, or to be insured in an authorized company; the insurance provisions do not apply to farm laborers or domestic service.

Security of payments.-Insurance policies must be for the benefit of the employees, and be directly available on suits by them for their enforcement. The right of compensation has the same preference against the assets of the employer as is now or may hereafter be allowed by law for a claim for unpaid wages.

Settlements of disputes.-A workmen's compensation bureau created by chapter 149. acts of 1918, is charged with the duty of hearing and determining disputes, subject to an appeal to the courts.

NEW MEXICO.

Date of enactment.-March 13, 1917; in effect June 8, 1917; amended, chapter 44, acts of 1919.

Injuries compensated.--Injury by accident arising out of and in course of employment, causing disability for more than 14 days, or death within one year, not due to the intoxication of the injured man or willfully suffered by him or intentionally inflicted by himself or another. Failure to observe statutory safety regulations or to use safety devices will cause the compensation to be reduced 50 per cent.

Industries covered.-Extrahazardous occupations (enumerated list) in which four or more persons are employed, unless contrary election is made. If the injury is received while at work on a derrick, scaffold, etc., 10 or more feet above ground, the act applies without regard to the number of employees. Other occupations may be included by joint written agreement.

Persons compensated.-Private employment: All employees in the industries covered, except those purely casual and not for the purpose of the employer's trade or business. Public employment: Not mentioned.

Burden of payment.-All on employer.

Compensation for death:

(a) $75 for funeral expenses if death occurs as a proximate result.

(b) 40 per cent of earnings to dependent widow or widower alone, with 5 per cent additional for each child; 25 per cent to one or two orphans, 10 per cent additional for each additional child, totals in either case not to exceed 60 per cent. If no spouse or child survives, a parent or parents in any degree dependent receives 20 per cent; if none of the foregoing survive and there are brothers or sisters in any degree dependent, 15 per cent shall be paid for one, and 5 per cent for each additional one, the total not to exceed 25 per cent.

(c) No payment shall extend beyond 300 weeks, nor shall amounts paid partial dependents exceed the actual contributions made by the deceased to their support. Payments cease on the remarriage of a widow or widower, on a child, brother, or sister attaining the age of 18, unless mentally or physically incapacitated for earning, on the death of any dependent, the adoption of an infant, or his becoming self-supporting before reaching 18 years of age.

The earnings upon which death benefits are computed shall be taken as not above $30 per week, nor less than $12 per week except where the earnings are less than $12 per week, then the amount of the earnings. Compensation for disability:

(a) Medical, surgical, and hospital services for the first 14 days, not over $50 in value, unless an adequate scheme of hospital service has been provided for, in which case such scheme shall be followed out.

(b) For total disability, 50 per cent of the workman's earnings, for a term not to exceed 520 weeks.

Weekly benefits shall be not more than $12 nor less than $6 per week, unless the earnings are less than $6, when the full amount shall be paid. (c) For permanent partial disability, 50 per cent of earnings for specified injuries, for various periods ranging from 3 to 150 weeks, in addition to payments for any period of total disability; other cases to be compensated proportionately; disfigurement of head or face, not over $500.

Weekly benefits shall be not more than $12 nor less than $6 per week, unless the earnings are less than $6, when the full amount shall be paid.

Lump-sum settlements may be approved for part or all the benefits, for either disability or death.

Revision of benefits.-The employer may at any time require a medical examination of a beneficiary, and the court may adjust awards accordingly.

Insurance.-Employers under the act must file with the district court of the county insurance or security for the payment of benefits provided by this act, unless a certificate of financial ability is obtained.

Security of payments.-Policies of insurance must inure directly to the benefit of claimants. Benefits are exempt from attachment, garnishment, or execution, and can not be assigned.

Settlement of disputes. -Act is administered by courts. Proceedings are to be summary as far as possible. Appeals lie to the supreme court.

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