NORWAY. Date of enactment. August 13, 1915; in effect January 1, 1916; replacing act of July 23, 1894. Sickness insurance law August 6, 1915; in effect January 3, 1916; replacing act of September 18, 1909. Injuries compensated. All injuries by industrial accidents, causing death or disability, involving a loss of earning capacity of at least 5 per cent, unless intentionally brought about by the injured person. Industries covered. Practically all factories, workshops, and employments using other than hand power: mines and quarries; the handling of ice, explosives, or inflammables; building and engineering construction, electric work, transportation, salvage and diving, chimney sweeping, and fire extinguishing; forestry, to a limited extent; employment about dams, canals, and sluices; express and hauling, provided at least two horses are used, or provided they are carried on in connecton with other industries named; work on lighters or scows of 50 registered tons and over; electric heating and power plants; agricultural operations in which mechanical power is used. Employees in other industries may avail themselves of this insurance system.' Persons compensated. All workmen, including apprentices, and salaried employees. Government employees. Act covers employees in Government or communal service, when engaged in any of the industries enumerated above, unless at least equal compensation is provided by special regulation. Burden of payment. Cost of compensation rests upon employer. Compensation in case of death. (a) Funeral benefit of 50 crowns ($13.40). (b) Pensions to heirs not exceeding 50 per cent of earnings to be distributed toWidow, 20 per cent of earnings until death or remarriage; in the latter case a lump sum equal to three annual payments; or dependent widower, 20 per cent of annual earnings of deceased while disability lasts. Each child, 15 per cent of annual earnings till age of 15 years, if one parent survives, 20 per cent if neither survives, 15 per cent for each parent to each child when both parents have died as a result of injuries. Dependent relatives in ascending line if there is a residue after providing for above-mentioned heirs, a pension of 20 per cent of earnings until death or cessation of need, to be divided equally; but living parents exclude grandparents from participation. (c) In computing pensions the excess of annual earnings over 1,200 crowns ($321.60) is not considered. (d) Pension payments are in addition to prior allowances granted for disability. (e) Nonresident foreign dependents are excluded. Compensation for disability. (a) Free medical and surgical treatment paid first 10 days by sick funds; after 10 days by accident system. (b) If employee is totally disabled for more than 10 days, an allowance of 60 per cent of the earnings, but not less than 0.50 crowns (13 cents) per diem, or 150 crowns ($40.20) per annum; and a proportionate allowance in case of partial disability, all to continue during disability. (c) If injured employee is forced to stay in a hospital, dependents receive allowances during that time equal to 20 per cent of earnings if one dependent, 35 per cent if two, and 50 per cent if three or more. (d) If injured employee is not a member of a sick-insurance fund, he is entitled to receive from employer directly sick benefits and free medical treatment from first day of injury; otherwise, from the fund. (e) In computing allowances the excess of annual earnings ver 1,200 crowns ($321.60) is not considered. A lump sum may be paid if required, or at discretion of the insurance institute, if compensation is for loss of disability of 10 per cent or less. Revision of compensation. Compensation is subject to revision upon demand of either the beneficiary or the insurance office. Insurance. A State central insurance office is established for the entire Kingdom, in which all employees subject to the law must be insured by employer, unless he is for special reasons relieved by royal order from the obligation of insurance. Security of payments. Insurance office is guaranteed by the State. Settlement of disputes. Appeals from decisions of insurance office may be entered within six weeks with the special insurance commission. 1Fishermen are covered by the law of Aug. 8, 1908, amended Aug. 18, 1911, and Aug. 6, 1915; seamen by the law of Aug. 18, 1911, amended July 30, 1915. NOVA SCOTIA. Date of enactment. April 23, 1915; in effect, 1910, in effect February 1, 1911. replacing act of April 22, Injuries compensated. Injuries by accident arising out of and in course of employment, causing death or incapacity to earn full wages for at least seven days at the work at which the injured person was employed, and not due solely to the serious and willful misconduct of the victim; the latter exception does not apply where the injury is fatal or results in serious and permanent disablement. Industries covered. Manufacturing, construction work, mining, quarrying, lumbering, transportation by land and water, public utilities, warehousing, painting, dyeing, cleaning, laundry work, etc. Industries not enumerated may be included on request of the employer. Persons compensated. Workers in the industries covered, office and casual employees, outworkers and members of the employer's family excepted, unless on application of the employer. Government employees. Employees of municipal corporations are included in so far as they are engaged in the industries covered. Burden of payment. Entire cost is on the employer, Compensation for death. (a) Necessary expenses for burial, not exceeding $75. (b) To a widow or invalid widower, $20 per month, and $5 additional for each child under 16 years of age, the total not to exceed $40. (c) To orphan children under 16 years of age, $10 per month, the total not to exceed $40. (d) To other dependents, a sum proportionate to the pecuniary loss, not If there are both total and partial dependents, an allotment may be Compensation for disability. (a) For total disability, 55 per cent of the injured person's average weekly earnings, during the continuance of disability. (b) For partial disability, 55 per cent of the weekly wage loss, payable during the continuance of such disability. (c) Where, in the opinion of the board, special medical or surgical treatment would avoid heavy payments for permanent disability, such treatment may be furnished. Revision of compensation. The board may reopen and redetermine any claim or adjustment if conditions change or are found to be more or less serious than they were deemed to be. Insurance. Approved schemes of compensation may be maintained by two designated employing corporations. Benefits under the act are to be paid from an accident fund for the Province, maintained by premiums collected from employers; the Province contributes for administration expenses. Security of payments. A State board administers the accident fund, and is required to maintain a reserve. Assessed premiums are prior claims in case of bankruptcy, etc. Benefit payments are exempt from assignment, attachment, etc., except with the approval of the board. Settlement of disputes. Disputes are to be settled by the compensation board, with limited appeals to the courts. ONTARIO. Date of enactment. May 1, 1914; in effect January 1, 1915; amended April 8. 1915. 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 from earning full wages at the work at which he was employed. Injuries due solely to the serious and willful misconduct of the injured workman are not compensable, unless resulting in death or serious disablement. Industries covered. Extensive list; includes manufacturing, construction, lumbering, mining, quarrying, transportation, navigation, operation of public utilities, etc. Persons compensated. All employees other than casual in industries covered. 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, $20 per month, until death or remarriage, with $5 additional for each child under 16 years of age, the total not to exceed $40 per month. (c) To orphan children under 16 years of age, $10 per month each, the total not to exceed $40. (d) To other dependents, not over $20 to the parent or parents, and not If there are both total and partial dependents, an allotment may be Compensation for disability. (a) For total disability, 55 per cent of the injured person's average weekly earnings, during the continuance of disability. (b) For partial disability, 55 per cent of the weekly wage loss, payable during the continuance of such disability. (c) Where, in the opinion of the board, special medical or surgical treatment would avoid heavy payments for permanent disability, such treatment may be furnished. 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, with a subsidy for expenses of administration. 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 or attachment, except with the approval of the board. 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 contributing to the fund. PERU. Date of enactment. January 20, 1911. Injuries compensated. The employer is responsible for any accidents, unless intentionally brought about by the injured person, which occur to his workmen and employees in the course of or directly occasioned by their work. Industries covered. Production and transmission of power; electric and gaslight production and installation; telegraph and telephone; naval construction; transportation, land, river, and marine, employing power; agricultural operations involving use of mechanical power; loading and unloading; mines and quarries where more than 35 workmen are employed; ore-reduction work, etc.; factories using mechanical power, and building trades. Persons compensated. All workmen and employees whose annual earnings do not exceed £120 ($583.98). Elective for those receiving higher compensation. Government employees. These are subject to the act if the employment itself comes within the scope of the law. Burden of payment. The entire cost of compensation rests upon the employer. (a) A funeral benefit equal to two months' earnings of the deceased, even though his remuneration exceeded £120 ($583.98) per annum and without regard to number of employees. (b) To the widow, a life annuity equal to 11 per cent of annual earnings of the deceased. (c) To the children, legitimate, or acknowledged illegitimate, an annuity, equally divided, of 22 per cent of such earnings until 16 years of age, or, if incapacitated for work, an equal annuity for life. (d) In default of children, to direct descendants entirely dependent on the deceased, the compensation under (c). (e) Should there be neither widow, children, nor other dependents, to ascendants who would have been dependent on the deceased, a life annuity of 15 per cent to each, but not in excess of 30 per cent of such wages, and where more than two, such annuity to be equally distributed. (f) Should there be no widow, her portion of the annuity is added to that of the children. Compensation for disability. (a) Medical and surgical aid during disability. (b) For total permanent disability a life annuity of 33 per cent of annual earnings. (c) For partial permanent disability a life annuity of 33 per cent of loss of earning capacity. (d) For total temporary disability a compensation during disability of 22 per cent of earnings. (e) For partial temporary disability a compensation of 50 per cent of the loss of earning capacity until complete recovery. An increase of 50 per cent in the compensation is made if the accident occurs in default of prescribed protective apparatus on the part of the employer or by reason of his inexcusable fault. It is proportionately reduced if through inexcusable fault of the injured. If the accident causing injury is the result of an unlawful act of the employer, the injured person shall be entitled to indemnity for all damages and injuries, as deter mined at common law. Revision of compensation. Demands for revision of compensation may be made by either party within three years. Insurance. Employers may transfer burden of payment of compensation by insuring their employees in authorized insurance companies. Security of payments. In case of insolvency compensation payments become preferred claims, and any funds deposited with the Government bank for the purpose of paying allowances are available for the payment of such claims. Settlement of disputes. Disputes arising under this act go before the magistrate or justice of the peace, subject to review by the judge of the court, and finally subject to an appeal to the superior court. PORTUGAL. Date of enactment. July 24, 1913; in effect July 27, 1913. Injuries compensated. Accidents causing death or injury, not brought about fraudulently, arising in the course of employment unless proved not to have arisen out of the employment. Persons compensated. All operatives and employees, including apprentices, engaged in industries covered by the act. Industries covered. Factories and workshops employing other than human power; mines and quarries; iron works; building trades; manufacture of explosives and inflammable and poisonous materials; railway and waterway construction; sewers and waterworks; transportation by land or water; storage, handling, and the like; agriculture and forestry, if mechanical power is used (covering only such accidents as are caused by such power machinery); herding and tending wild cattle; theaters; administration of public security; gas and electrical works; telegraph and telephone systems; fishing, if not a cooperative enterprise. Government employees. These are included if engaged in industries covered by the acts and if higher compensation is not otherwise provided by law. Burden of payment. The entire burden rests upon the employer; if there are contractors and subcontractors, then upon such contractors. Compensation for death. (a) Funeral expenses not exceeding 15 times the daily wage. (b) To surviving consort, 20 per cent of annual earnings of employee until death or remarriage; lump sum of 60 per cent of annual earnings paid at time of remarriage. (c) To legitimate child under 14 years of age, 15 per cent of annual earnings, 25 per cent if 2 children, 35 per cent if 3, and 40 per cent if 4 or more. If left orphans, each child receives 20 per cent of annual earnings, with a maximum of 60 per cent. (d) If there are no children, then to any dependent parents or grandparents, or descendants under 14 years of age, 10 per cent of annual earnings to each such dependent, but in no case over 40 per cent of annual earnings. (e) In calculating annual earnings the maximum wage considered is 400 milreis ($432), plus any excess to the extent of one-half. Compensation for disability. (a) Necessary medical and surgical expenses. (b) For total permanent disability, two-thirds of annual earnings. For total temporary disability, two-thirds of the daily wage duing each working day lost. (d) For partial disability, one-half the loss of earning power. (e) All compensation is paid from the beginning of disability, In calculating annual earnings the maximum wage considered is 400 milreis ($432), plus any excess to the extent of one-half. Revision of compensation. No provision is made in the law. Insurance. Employers may transfer burden of payment to recognized establishment funds, mutual aid associations, or approved insurance companies. They may also insure with the State Insurance Council. Security of payments. The obligations contracted under the law, in the event of bankruptcy, have special precedence over all debts of the employer. Risk classes and reserves are determined by the State Insurance Council. Settlement of disputes. Disputes are settled by special tribunals of arbitrators composed of employers, employees, and medical officers having deliberative votes, and of representatives of the insurance companies having consultative votes. |