QUEBEC. Date of enactment. May 29, 1909; in effect January 1, 1910. Injuries compensated. All injuries happening to workmen by reason of or in the course of their work causing death, or disability lasting over seven days. Injuries intertionally caused by the person injured are not compensated. Industries covered. Building, manufacturing, transportation, engineering, and construction work, mining, quarrying; stone, wood, and coal yards; any industrial enter prise using machinery operated by power. Agriculture and sailing vessels are excluded. Persons compensated. Workmen, apprentices, and employees earning not more than $1,000 per annum. Foreign workmen or their representatives are compensated only if and so long as they reside in Canada. Government employees. Government employees are not mentioned in the act. (a) Medical and funeral expenses not in excess of $25, unless same are provided by an association of which the deceased was a member. (b) Four times average yearly wages, but not less than $1,000 nor more than $2,000 payable to surviving consort, to children under 16 years of age, and dependent ascendants, shares to be agreed upon or determined by court. Ail amounts may be decreased or increased by court on account of inexcusable fault of employee or employer. Payments made for disability before death are deducted. Compensation for disability. (a) For permanent total disability, a pension equal to 50 per cent of the yearly wages (including the maximum and minimum amounts). (b) For permanent partial incapacity, a pension equal to 50 per cent of the amount by which the wages have been reduced because of the injury. (c) For temporary incapacity lasting over seven days, compensation equal to onehalf the daily earnings received at the time of the accident, beginning with the eighth day. (d) In computing pensions only one-fourth the excess of the annual earnings between $600 and $1,000 is considered; the capital of any pension shall not exceed $2,000, unless higher because of accidents due to inexcusable fault of the employer. Revision of compensation. Demands for change of amount of compensation may be made within four years. Insurance. No reference concerning the insurance of risks under the law is contained in the act, except as to the payment of pensions due, which may be transferred to insurance companies. No release from liability is obtained by the employer by such transfer. Security of payments. Claims for compensation or pensions form a lien on the real and personal property of the employer so long as they remain unpaid. Settlement of disputes. Superior and circuit courts have jurisdiction over all disputes arising under this act. All proceedings are summary, no trial by jury being allowed. QUEENSLAND. Date of enactment: January 5, 1916; in effect July 1, 1916, replacing act of December 20, 1905. Injuries compensated: All injuries by accident in the course of employment not intentionally self-inflicted, causing death or disability for at least three days for earning full wages at the work at which employed. Industries covered: All. Persons compensated: All employed under contracts of service whose remuneration does not exceed £400 ($1,946.60) per year, including clerical employment, domestic service, casual employees if specially insured or covered by a policy under the act, and seamen on Queensland vessels in Queensland waters. Government employees: Included the same as if in private employment. Compensation for death: (a) A sum equal to three years' earnings, but not less than £300 ($1,459.95) nor more than £600 ($2.919.90), to persons wholly dependent, less any payments to the injured person prior to his death. (b) A proportionate sum if beneficiaries are only partially dependent. (e) Reasonable expenses of medical service and burial, not exceeding £50 ($243.33), if no dependents survive. Compensation for disability: Weekly payments during incapacity, not exceeding 50 per cent of the average earnings, not more than £2 ($9.73) per week nor £750 ($3,649.88) in all. Benefits of less than £2 ($9.73) per week may be increased to that limit, but not to exceed the average weekly earnings. Payments for total disability of an adult worker shall not be less than £1 ($4.87) per week. Weekly payments may be commuted to a lump sum by agreement. Revision of compensation: Lump-sum payments may be reviewed within 12 months after the agreement fixing their amount. Weekly payments may be reviewed on a showing of the misconduct of the recipient. Insurance: It is obligatory for every employer to obtain a policy of insurance from the State insurance commissioner, though authorized accident insurance companies may also do business. Security of payment: Policies of the State fund are guaranteed by the Government. Accident-insurance companies must deposit security with the State treasurer. Compensation benefits are not subject to assignment, execution, or attachment. No limitation of liability affects compensation payments. Settlement of disputes: Applications are first heard by the State insurance commissioner, but may, on his own motion or at the request of the claimant, be submitted to an industrial referee appointed by the governor in council. An appeal on points of law may be taken to the supreme court. 42704-17-22 ROUMANIA. Date of enactment. January 25 (February 7), 1912. (Includes sickness insurance.) Injuries compensated. Injuries resulting from accidents without investigation as to whether caused by force majeure or fault of the injured. Accident caused intentionally shall be submitted to the central office for investigation. No sick money benefits paid if the illness or accident was due to drunkenness. Industries covered. Industries and handicrafts using machinery operated by motor power of all kinds, building undertakings, earthworks, mines, quarries, sawmills; agricultural machinery, forestry, mills, tramways and railroads of all classes; inland and sea navigation, transportation in so far as loading and unloading merchandise are concerned. Other industries may be added by order of the central office. Persons compensated. All workers and helpers. Government employees. The law covers employees of the State, districts, and communes in occupations otherwise under the act. Burden of payment. Burden of payment rests entirely upon the employer after first two weeks; medical treatment and sick benefits paid from sick relief funds supported by its members (employers and employees) who contribute on the basis of a certain wage classification from 0.05 leu (1 cent) to 0.60 leu (11.6 cents) per week. Compensation for death. (a) A death benefit amounting to 100 lei ($19.30). (b) To a widow without children one-fifth of the average wages of the deceased until her death or remarriage; to each child under 16 years of age, including illegitimate child of mother dying as result of injury, one-fifth of such earnings. In no case shall the aggregate pensions exceed three-fifths of annual earnings. (c) If the deceased was a female person the same pensions are payable to her children and to her husband if he had been incapacitated for a considerable time. (d) If the deceased leaves dependent persons in the ascending line, a pension of one-fifth of such earnings shall be paid them, with preference in favor of the parents over grandparents. Compensation for disability. (a) Medical treatment at home or in a hospital, medicines, and therapeutical appliances, supplied by sick funds for first two weeks. (b) Beginning with the third week the injured person, if totally incapacitated, shall be allowed during the entire period of incapacity two-thirds of his wages, and if partially disabled a correspondingly reduced allowance, payable from the General Trade Association for Accident Insurance. (c) In case the person is so injured as to require the attention of another the allowance may be increased to full wages. If the wages exceed 5 lei (96.5 cents) per day, that sum plus one-third the excess is considered in computing pensions. Revision of compensation. No provision is made for revision of compensation. Insurance. Every employer in the enterprises covered by the law must insure his employees in the General Trade Association. Insurance is effected in the General Trade Association for Accident managed by an Administrative Council appointed by royal decree. The State does not become a member of the General Trade Association, but itself insures its employees. Security of payments. The association fixes the amount of contribution from employers to cover the amounts to be paid as benefits and pensions. Settlement of disputes. All disputes as to right to and amount of assistance or benefits shall be decided by the arbitration courts, with a right of appeal to the administrative council of the central office. RUSSIA. Date of enactment. June 23 (July 6), 1913; in effect January 1, 1914, replacing act of June 2 (15), 1903. Injuries compensated. Injuries from accidents in the course of or arising out of employment, causing incapacity for work, or death, except such are caused intentionally by the injured. Industries covered. Factories, mines, iron and steel works, local railways, tramways, and inland navigation, making use of motor power and regularly employing 20 workpeople or more. Enterprises employing 30 or more workpeople, whether using motor power or not. Other industries may be added by the insurance council. Persons compensated. All persons (other than casual workers) irrespective of age or sex, employed for wages or salary. Those having annual earnings in excess of 1,500 rubles ($772.50) may sue under ordinary liability law. Government employees. The law excludes employees on State owned undertakings and the main railway systems; zemstvos and village establishments are included. Burden of payment. Medical treatment for persons, including hospital treatment, medicine, bandages and medical appliances, and sick pay, for persons insured in the sick fund, for the first 13 weeks of disability will be paid from that fund to which the employees contribute three-fifths and the employers two-fifths. From the ninety-first day compensation is paid by the accident insurance association in which the injured person is insured at the cost of the employers. Compensation for death. (a) Funeral benefits, fixed at an amount varying between 20 and 30 days' pay of the insured person. (b) To widow one-third of annual earnings until death or remarriage; to each child under 15 years of age one-sixth in case of survival of one parent; otherwise, one-fourth; to each dependent relative, one-sixth. The total annuity in no case in excess of two-thirds of the annual earnings of the deceased. (c) A lump sum payment may be substituted for annuity not in excess of 36 rubles ($18.54) plus 15 per cent of annual earnings of the deceased. (d) The maximum annual earnings for purpose of calculating insurance are 1,500 rubles ($772.50). Compensation for disability. (a) For total disability during the first 13 weeks from two-thirds (for male persons) to full amount (for women) of daily wages. After the ninety-first day two-thirds of the injured person's earnings. (b) For total permanent incapacity an annuity of two-thirds annual earnings, and for partial permanent incapacity a proportionately smaller annuity. (c) The annuity may be increased to full pay in case of resulting insanity, loss of both hands or both limbs, or such disablement as requires constant care by another person. Revision of compensation. On request of either party within three years reexamination may be made to adjust pension to any change in working capacity. Insurance. Insurance is effected through employers' associations established by the order of the Minister of Commerce and Industry, with a prescribed district for each association. An insurance association may transfer its liability for payment of insurance to the government savings bank, by a deposit equal to the capitalized value of the pension. Security of payments. The insurance associations are under direct State supervision. Settlement of disputes. In case the decision of the insurance board is unsatisfactory, a rehearing is granted and from the decision rendered on this second hearing an appeal may be carried to the ordinary courts. SAN SALVADOR. Date of enactment. May 12, 1911; in effect, Injuries compensated. All injuries caused by or received in consequence of work being done for another, including those arising from handling toxic materials, unless from force majeure, or a cause foreign to the work being done, or from the gross carelessness or imprudence of the injured person. Industries covered. Mining; the manufacture of explosives, or inflammable, deleterious, or toxic materials; transportation, including navigation; the production or distribution of electricity. The members of fire companies are also included. Persons compensated. All persons regularly employed by another at manual labor outside of their domicile, including apprentices and commercial employees (dependientes). Government employees. Not mentioned. Burden of payment. The entire burden of payment rests upon the employer. Compensation for death. (a) Funeral expenses not exceeding 40 pesos ($14.68). (b) To the widow, no other dependents surviving, a lump-sum payment equal to one year's wages. (c) To widow and dependent children, or orphaned nieces and nephews under 16 years old, in her care, legitimate or natural, two years' wages. (d) To children, legitimate or natural, or nieces and nephews, legitimate, under 16 years of age, no widow surviving, two years' wages. (e) If none of the above survive, to the parents or grandparents, being 70 years of age and dependent, or if under that age and not able to work, 10 months' wages, or if only one survives, 6 months' wages. Compensation for disability. (a) Medical care and treatment. (b) For temporary disability, one-half daily wages. If disability continues Compensation for permanent partial or total disability is independent Wages must be considered as not less than 50 centavos (18.3 cents) per day. Compensation includes holidays. Revision of compensation. No provision appears. Insurance. Employers may transfer their obligations by insuring their employees in an approved association, providing compensation equal to that provided by law, if such insurance is acceptable to the insured, and a copy of the policy is furnished him. Security of payments. Insurance does not relieve the employer from obligation if the insurance company fails to pay the compensation within 30 days following the injury. Settlement of disputes. Immediately after an injury an investigation by public officials (of the court, if there be one) determines the character of the injury and the amount of the compensation payable. An appeal may be taken as provided by the code. |