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النشر الإلكتروني

HUNGARY.

Date of enactment. April 9, 1907; in effect July 1, 1907.

Injuries compensated. Injuries by accident in the course of the employment causing death, or disability for more than three days. Injuries caused intentionally are not compensated unless fatal.

Industries covered. All factories subject to inspection, mines, quarries, metallurgical establishments, building trades, lumbering, construction work, shipbuilding, slaughterhouses, pharmacies, sanatoria, theaters, institutes of art and science.'

Persons compensated. All employees in industries enumerated.

Government employees. Act covers Government employees in State, municipal, and communal industries enumerated above.

Burden of payment. All benefits and cost of treatment for first ten weeks provided by sick funds to which employers and employees contribute equally. Beginning with eleventh week entire cost is defrayed by employers through the accident fund. Compensation for death.

(a) Funeral benefit of twenty times average daily wages.

(b) Pensions to heirs not exceeding 60 per cent of annual earnings of deceased, as follows

Widow, 20 per cent of annual earnings until death or remarriage; in latter case a final sum equal to 60 per cent of annual earnings; or to dependent widower 20 per cent during disability.

Each child 16 years of age or under, 15 per cent if one parent survives, 30 per cent if neither survives; payments to consort and children reduced proportionately if they aggregate more than 60 per cent.

Dependent parents and grandparents if there is a residue after providing for above heirs, 20 per cent or less.

Dependent orphan grandchildren 15 years of age or under, if there is a residue after providing for above heirs, 20 per cent or less.

(c) Where both parties were insured and both die as result of accident the pension is based on the earnings of the one receiving the highest wages.

(d) In computing pensions the excess of annual earnings above 2,400 crowns ($487.20) is not considered.

(e) Pension is allowed after the child has completed the sixteenth year if needed to enable him to complete his education.

Compensation for disability.

(a) Free medical and surgical treatment provided first ten weeks by sick fund, and afterward by accident fund.

(b) For temporary or permanent total disability, 50 per cent of average daily wages but not exceeding 4 crowns (81 cents) for first ten weeks, provided by sick fund; beginning with eleventh week, 60 per cent of average annual earnings, provided by accident fund.

(c) For complete helplessness necessitating attendance payments may be increased to 100 per cent of annual earnings.

(d) For partial disability a corresponding portion of full pension.

In computing pensions the excess of annual earnings above 2,400 crowns ($487.20) is not considered.

Revision of compensation. Whenever a change in condition of injured person occurs the accident fund or the injured person may ask for a revision of the benefits. Insurance. Payments are met by a State insurance institution, in which all employees are required to be insured at the expense of employers. Security of payments. Guaranteed by the State.

Settlement of disputes. Disputes are settled by arbitration courts, consisting of a presiding judge and an equal number of representatives of workmen and employers.

1 Employers in certain industries, agriculture, domestic service, and certain small landholders, each having an income of not over 1,000 crowns ($203) may take out voluntary insurance under the act.

ITALY.

Date of enactment. March 17, 1898; in effect September 17, 1898. Amended June 29, 1903. Promulgated in codified form January 31, 1904. Supplementary acts, July 11, 1904, December 14, 1905, and July 14, 1907.

Injuries compensated. All injuries sustained by workmen or salaried employees during or on account of labor. If due to willful misconduct, employer may be reimbursed through criminal action.

Industries covered. Mines (including sulphur mines), quarries, building trades; light, heat, and power plant; arsenals; maritime construction work; transportation; industries requiring the use or handling of explosives; all industrial or agricultural work in proximity to power machinery; where more than five persons are employed in engineering construction work; operation for protection against landslides, floods, hailstorms; logging and timber rafting, and shipbuilding; maritime navigation. Persons compensated. All workmen and apprentices and overseers receiving not more than 7 lire ($1.35) per day and paid at intervals of one month or less.

Government employees. Act applies to employment in State, provincial, and communal industries enumerated above unless specially provided for, to work performed for a Government institution under contract or concession, and to officials and workmen employed in the postal and telegraph service and the telephone service. Burden of payment. Entire cost of compensation rests upon employer. Compensation for death. If within two years after the accident, five times annual wages of deceased workman, with a maximum of 10,000 lire ($1,930), distributed to(a) Surviving consort two-fifths of indemnity if there are children; one-half of indemnity if there are dependent ascendents; three-fifths of indemnity if only dependent brothers or sisters; entire indemnity in absence of heirs enumerated.

Children, amounts sufficient to purchase an annuity of equal amount for each child under 12 years of age, and one-half of such annuity for each child from 12 to 18 years of age.

Each dependent parent or grandparent, if there are no children, annuity of equal amount for life.

Dependent brothers or sisters less than 18 years of age or incapable of performing labor by reason of a mental or physical defect, if there are no children or dependent ascendants, annuities distributed upon same principle as in case of children.

(b) In absence of heirs indemnity is turned into a special fund for immediate aid to injured, payment of indemnities for insolvent employers, and prevention of accidents.

Compensation for disability.

(a) Cost of first medical and surgical treatment.

(b) An indemnity in case of permanent disability of six times annual earnings, but not less than 3,000 lire ($579) if totally disabled, and six times the loss of annual earning capacity if partially disabled, earnings in latter case to be considered as not less than 500 lire ($96.50).

(c) A daily allowance in case of temporary disability of one-half the wages of injured workman, payable for not more than three months, if totally disabled, and equal to one-half the reduction in wages occasioned by the injury, if partially disabled.

Revision of compensation. Both workman and insurer may ask for a revision of compensation within two years after accident.

Insurance. Employers must insure their employees in (a) the National Accident Insurance Fund, (b) an authorized insurance company, (c) an association of employers for mutual insurance against accidents, or (d) a private employers' insurance fund. Security of payments. Payments are guaranteed by State.

Settlement of disputes. In cases of dispute concerning temporary disability payments, the council of prudhommes or the pretor of the locality in which the accident occurred has authority to sit in final judgment if amount involved does not exceed 200 lire ($38.60). Disputes involving larger amounts are referred for settlement to the local magistrates.

JAPAN.

According to the factory act of March 28, 1911, where any workman, through no serious fault of his own, is injured, falls ill, or dies in the course of his work, it shall be the duty of the owner of the factory to maintain him or his family in accordance with provisions to be issued by imperial decree. This act and orders in conformity therewith is to apply also to State enterprises and factories.

LIECHTENSTEIN.

Date of enactment. April 30, 1910; in effect January 1, 1911.

Injuries compensated. All injuries resulting from accidents causing death or disability.

Industries covered. All undertakings in which more than 10 persons are employed who are especially exposed to danger, and in particular in quarries, building enterprises, and others in which engines or steam boilers are used.

Persons compensated. The whole staff of working people.

Government employees. No mention is made of Government employees in the law. Burden of payment. The entire burden of payment rests upon the employer. Compensation for death.

(a) A sum equal to 1,000 times daily wage, payable to dependents (widow, widower, children under 16 years of age or permanently incapable of selfsupport). If the deceased leaves no widow or children a sum equal to 500 times the daily wage shall be paid to the dependent father or mother. (b) In special circumstances a lump sum may be converted into a corresponding pension payable to the dependents.

Compensation for disability.

(a) Funeral benefit of 40 crowns ($8.12) payable to dependents.

(b) Free medical treatment and medicines from date of injury; a weekly allowance, not to exceed 20 weeks, equal to 50 per cent of the average wages over a period of 8 weeks, but not less than 1.20 crowns (24.4 cents) per day for male adults, 1 crown (20.3 cents) per day for adult female persons, and 0.80 crown (16.2 cents) per day for young persons, or free treatment and nursing in hospital. In such case one-half the benefits are paid to the family of the injured person. A pension of 90 per cent of wages payable during treatment may be substituted.

(c) A lump sum equal to 1,000 times the daily wages of the injured person if totally incapacitated, or a proportionately smaller one if partially incapacitated.

(d) The lump-sum payment may be converted into a corresponding pension. Revision of payments. There is no specific provision in the law for any revision of payments.

Insurance. Insurance may be effected with any approved domestic or foreign institution.

Security of payments. Every insurance company accepting this class of risk must be approved in Liechtenstein.

LUXEMBURG.

Date of enactment. April 5, 1902; in effect April 15, 1903. Amendatory acts, December 23, 1904, and April 21, 1908. Sick insurance law enacted July 31, 1901.

Injuries compensated. All injuries by accident during or because of the employment resulting in death, or disability for more than three days, unless caused intentionally by the victim or during the commission of an illegal act.

Industries covered. Mines, quarries, manufactories, metallurgical establishments; gas and electric works; transportation and handling; building and engineering construction; and certain artisans' shops having at least five employees regularly and using mechanical motive power. By administrative order other establishments may become subject to the law if regarded dangerous.

Persons compensated. All workmen; those supervising and technical officials whose annual earnings are less than 3,750 francs ($723.75). Certain other classes of persons may be voluntarily insured.

Government employees. Act applies to Government telegraph and telephone services, public works conducted by public agencies, and other governmental industrial establishments, unless other provisions are made for pensioning employees. Penal institutions are not included.

Burden of payment. Benefits and cost of treatment first thirteen weeks provided by sick-benefit funds, to which employers contribute one-third and employees twothirds, if injured person is insured against sickness; if not, because employed less than one week, by an accident insurance association, supported by contributions of employers; if not insured for other reasons, by the employer direct; all benefits and treatment after thirteen weeks paid by accident insurance association.

Compensation for death.

(a) Funeral expenses, one-fifteenth of the annual earnings, but not less than 40 francs ($7.72) nor more than 80 francs ($15.44).

(b) Pensions, not to exceed 60 per cent of earnings of deceased, to—

Widow 20 per cent until death or remarriage; in the latter case a lump sum equal to 60 per cent; same payment to a dependent widower.

Each child 20 per cent until 15 years of age, even if father survives, provided
he abandoned them, or the mother who was killed was their main support.
Dependent heirs in an ascending line, 20 per cent.

Dependent orphan grandchildren, 20 per cent until 15 years of age.
Widow and children have the preference over other heirs.

(c) If annual earnings exceed 1,500 francs ($289.50) only one-third of excess is
considered in computing pensions.

Compensation for disability.

(a) Entire cost of medical and surgical treatment.

(b) For temporary or permanent total disability, from third day to end of fourth week, 50 per cent, and from fifth to end of thirteenth week, 60 per cent of wages of persons similarly employed; after thirteen weeks, 663 per cent of annual earnings of injured person. If requiring personal attention or care, 100 per cent during such disability.

(c) For partial disability a portion of above (depending upon degree of disability), which may be increased to full amount, as long as injured employee is without employment.

(d) Lump-sum payments may be substituted for pensions when degree of disability is not greater than 20 per cent.

(e) If annual earnings exceed 1,500 francs ($289.50), only one-third of excess is considered in computing pensions.

(f) Special treatment, if earning capacity would be increased by it.

(g) Special relief to injured person, or his dependents, when hospital treatment is necessary.

Revision of compensation. Demands for change of amount of compensation may be made within three years.

Insurance. Payments are met by mutual accident insurance association of employers, in which all employees must be insured at expense of employers.

Security of payments. Insurance association conducted under State supervision. Settlement of disputes. Appeals from the decisions of the association may be carried within forty days to a justice of the peace, who is required to invite two delegates, representing employer and employee, to assist in an advisory capacity. Further appeals may be taken to the higher courts.

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