MONTENEGRO. An act relating to concessions to national trade and for the promotion of industry under date of February 18 (March 3), 1911, provides that any industry desirous of receiving the benefit of the enumerated concessions shall be required to establish a workers' fund to which the workers shall contribute 65 per cent of the funds necessary, and the employers 35 per cent. The proper minister has supervisory control over this fund. NETHERLANDS. Date of enactment. January 2, 1901, in effect June 1, 1901. Other acts February 3 and December 8, 1902; amended January 13, 1908, February 13, June 12 and 30, July 1, 1909, July 15, 1910, and February 11, 1911. Injuries compensated. All injuries caused by accident in the course of the employment and causing death or disability for over two days, unless brought on intentionally. If due to intoxication, compensation is reduced one-half, and if death results no compensation is paid. Industries covered. Practically all manufacturing, mining, quarrying, building, engineering construction, and transportation; fishing in internal waters; establishments using mechanical motive power, or explosive or inflammable materials, and mercantile establishments handling such materials. Persons compensated. All workmen, including apprentices. Government employees. All State, provincial, and communal employees are included when engaged in any of the industries enumerated. Burden of payment. The entire expense rests upon the employer. Compensation for death. (a) Funeral benefit of thirty times average daily earnings of deceased. (b) Pensions to heirs of not over 60 per cent of earnings of deceased, distributed to Widow, 30 per cent of earnings, until death or remarriage, in latter case two Dependent parents, and in their absence to grandparents, not over 30 per cent. Dependent parents-in-law, not over 30 per cent. Widow and children to be preferred over all other heirs, and their respective shares to be reduced proportionately when aggregating over 60 per cent. (c) In computing pensions, wages higher than 4 florins ($1.61) per day are to be considered as of that amount. Compensation for disability. (a) Free medical and surgical treatment, or its cost. (b) From day after injury (if disability exceeds two days) until forty-third day, an allowance of 70 per cent of daily earnings, excluding Sundays and holidays. (c) From forty-third day a pension of above amount during total disability and a smaller pension in proportion to loss of earning power if partially disabled. (d) In computing pensions, wages higher than 4 florins ($1.61) per day are to be considered as of that amount. Revision of compensation. An examination of condition of victim may be made whenever the Royal Insurance Bank so desires. Insurance. Employers may insure their employees in the Royal Insurance Bank (a State institution), in a private company or association operating under State supervision, or they may carry the burden themselves. If not insured in the Royal Insurance Bank, a sufficient guarantee must be deposited with the latter. Employers must bear a proportionate share of the expense of administration of the Royal Insurance Bank, whether they insure in it or not. Security of payments. Compensation payments are guaranteed by the State. Settlement of disputes. Appeals may be taken from decisions of the Royal Insurance Bank to local arbitration councils, in which employers and employees are equally represented, and from them to a central arbitration council whose decisions are final. NEWFOUNDLAND. Date of enactment. February 18, 1908; in effect July 1, 1908. Injuries compensated. All injuries caused by accident arising out of and in the course of employment causing death, or disability for at least one week, except when due to serious and willful misconduct of the workman injured. Industries covered. Railways, factories, mines, quarries, engineering work, erection or repair of buildings over 25 feet in height, by means of scaffolding, or by use of mechanical power. Persons compensated. All employees. Government employees. All employees of the State to whom the law would apply if they were under private employment. Burden of payment. Entire cost rests upon the employers. Compensation for death. (a) A sum equal to three years' earnings, but not less than $750 nor more than $1,500, to those entirely dependent on earnings of deceased. (b) A sum not in excess of $1,500, as may be agreed upon or determined to be reasonable and proportionate, to those partially dependent. (c) Reasonable expenses of medical attendance and burial not exceeding $50 if deceased leaves no dependents. Compensation for disability. A weekly payment, including the first week of disability if disability lasts two weeks or over, not exceeding 50 per cent of employee's earnings during the previous 12 months, but not exceeding $5 per week. After six months, upon application of the employer, a lump sum may be substituted for weekly payments, to be determined in default of agreement by the court. Revision of compensation. Weekly payment may be reviewed at the request of either party. Insurance. Employers may make contracts with employees for substitution of an officially approved scheme of compensation benefits or insurance in place of the provisions of this act, provided the scheme is not less favorable to the employees than the provisions of this act, and a majority of the workmen are favorable to such substitution. Security of payments. In case of employer's bankruptcy the amount of compensation due under this act is classed as a preferred claim, or when an employer has entered into a contract with insurers in respect to any liability under the act to any workman, such rights of the employer, in case he becomes bankrupt, are transferred to and vested in the workman. Settlement of disputes. In case of disagreement, proceedings are taken in courts. NEW SOUTH WALES. Date of enactment. November 5, 1900; in effect January 1, 1901; amended December 28, 1901; scale of compensation increased by governor on July 28, 1905, in accordance with power given by the act; August 19, 1910; in effect January 1, 1911. Injuries compensated. Personal injuries by accident arising out of and in course of employment causing death, or disability for at least two weeks, except when due to serious or willful misconduct on the part of the workman. Industries covered. Any railway, tramway, factory, workshop, mine,' quarry, wharf, vessel, engineering, or building work, building used for dumping or storing wool, carried on by the employer as a part of his business; any other employment declared dangerous by proclamation.2 Persons compensated. All persons employed at manual labor, under contract with an employer, except casual labor, or otherwise than for the purpose of the employer's trade or business. Government employees. The law applies to all workmen in any employment by or under the State to which the law would apply in case the employer were a private person. Burden of payment. Entire cost of compensation rests upon the employer; but if there are contractors, then on such contractors and the principal, jointly and severally. Compensation for death. (a) A sum equal to three years' earnings, but not less than £200 ($973.30) nor more than £400 ($1,946.60) to those entirely dependent upon the earnings of the deceased. Weekly payments or lump sums paid under this law are deducted from such sum. (b) A sum not exceeding the above amount, as may be agreed upon or determined as being reasonable and proportionate to the loss or damage suffered by those partly dependent. (c) If no dependents are left, the expenses of medical attendance and burial, but not exceeding £12 ($58.40), unless such expenses are payable by a friendly society to which the workman belonged. Compensation for disability. (a) A weekly payment after the second week not exceeding 50 per cent of average weekly earnings, but no such payment shall exceed £1 ($4.87), with a total liability of £200 ($973.30). (b) In case of partial incapacity the weekly payment shall in no case exceed one-half of the loss of earning capacity. In fixing the weekly payment consideration must be given to any financial assistance given by the employer to the injured during incapacity. (e) A lump sum may be substituted for weekly payments after six months, on application of the employer; the amount to be agreed upon, in default of agreement, to be determined by the court. Revision of compensation. Weekly payments may be revised at the request of either party. Insurance. Employers may contract with their employees for substitution of a scheme of compensation, benefit, or insurance in place of the provisions of the act, if the scheme is officially certified to be not less favorable to the employees and their dependents than the provisions of the act. In such case the employer is liable only in accordance with the scheme. Security of payments. When the employer becomes liable under the act to pay compensation, and is entitled to any sum from insurers on account of the amount due to a worker under such liability, then in the event of his becoming insolvent such workman has a first claim upon this sum for the amount so due. Settlement of disputes. Disputes arising under the act are heard and determined by a police magistrate, unless the claim is for more than £30 ($146). When in excess of that amount proceedings are taken in the district court. 1 Act of Aug. 19, 1910, includes only mines, employees in which are not included under the special compensation and protective law covering mines, viz, Miners' Accident Relief Act, 1900, and amendments 1901 and 1910. * Seamen are compensated under a Commonwealth law of December 28, 1911 NEW ZEALAND. Date of enactment. October 10, 1908, in effect January 1, 1911. Amended October 28, 1911. Injuries compensated. All injuries to workmen arising out of and in the course of the employment causing death, or disability for at least one week, except when due to serious and willful misconduct of the workman injured. Industries covered. Any trade, business, or work carried on by or on behalf of the employer; mining, quarrying, excavating, cutting standing timber, cutting scrub and clearing land of stumps and logs; building operations; manufacture of explosives; using machinery driven by mechanical power, driving a vehicle moved by horse or mechanical power, domestic service, when period of engagement is not less than seven days; any occupation in which a worker incura a risk of falling a greater distance than 12 feet; navigation in New Zealand waters on board New Zealand ships. Persons compensated. All workmen, including apprentices, exclusive of other than manual laborers whose annual earnings exceed £260 ($1,265.29). Government employees. Act applies to work carried on by or on behalf of the Government or any local authority if it would, in case of a private employer, be an employment to which the act applies. Burden of payment. Entire cost of compensation rests upon employer; but if there are contractors, then on such contractors and the principal, jointly and severally. Compensation for death. (a) A sum equal to three years' earnings, but not less than £200 ($973.30) nor more than £500 ($2,433.25), to those wholly dependent upon earnings of deceased. (b) A sum less than above if dependents were partly dependent upon deceased, to be agreed upon by the parties or fixed by a magistrate or by the arbitration court. (c) Reasonable expenses of medical attendance and burial, not exceeding £20 ($97.33). (d) Amounts previously paid are deducted from final compensation payable on death. Compensation for disability. (a) Medical and surgical aid not to exceed £1 ($4.87). (b) A weekly payment during disability not exceeding 50 per cent of employee's average weekly earnings during the previous 12 months, but not to exceed £2 10s. ($12.67) nor to fall below £1 ($4.87) where employee's ordinary rate of pay at time of accident was not less than 30 shillings ($7.30) per week. Total liability of employer is limited to £500 ($2,433.25). No payment is made for first week if disability does not continue for a longer period than two weeks. Weekly payments not to extend beyond six years. (c) For certain permanent injuries (mutilations, etc.) a fixed per cent of the compensation paid above for partial and total disability. A lump sum may be substituted for weekly payments, capitalized at 5 per cent compound interest, for permanent total or partial disability, to be agreed on by the parties, or, in default of agreement, determined by the court of arbitration. Revision of compensation. Weekly payments may be revised at request of either party. Insurance. Employers may contract with their employees for substitution of a scheme of compensation, benefit, or insurance in place of the provisions of the act if the scheme is shown to be not less favorable to the general body of employees and their dependents than the provisions of the act. In such case the employer is liable only in accordance with the scheme. Security of payments. When an employer becomes liable under this act to pay compensation, and is entitled to any sum from insurers on account of the amount due to a workman under such liability, then in the event of his becoming insolvent such workman has a first claim upon this sum. Compensation for injuries sustained in the course of employment in or about a mine, factory, building, or vessel is deemed a charge upon the employer's interest in such property and has priority over all charges other than those lawfully existing at the time of the commencement of the act. Settlement of disputes. Disputes arising under the act are settled by the court of arbitration under the industrial arbitration act. |