TASMANIA.

Date of enactment. January 13, 1911; in effect July 1, 1911.

Injuries compensated. Personal injury by accident arising in the course of employment, causing disability from earning full wages for at least one week, or death, except injuries attributable to insobriety, or serious and willful misconduct, or breach of law, or gross negligence, and those occurring while proceeding to or from place of work.

Industries covered. Railroads, factories, mines, quarries, engineering work, or any other industry so declared by a resolution of parliament.'

Persons compensated. Any worker, except casual, employed in manual labor whose annual earnings do not exceed £156 ($759.17).

Government employees. Act applies to workers in Government service to whom it would apply if the employer were a private person.

Burden of payment. The entire cost rests upon the employer, but if there are contractors, then upon such contractors and the principal jointly and severally. Compensation for death.

(a) To those wholly dependent a sum equal to three years' earnings of the deceased employee, but not less than £100 ($486.65) nor more than £200 ($973.30). (b) To those partially dependent a sum proportionate to the loss to such dependents, but not larger than above amount, to be determined by agreement or arbitration.

(c) If deceased leaves no dependents, reasonable expenses of medical attendance and burial, but not to exceed £30 ($146), provided he is unable to meet such expenses.

Compensation for disability.

(a) A weekly payment during incapacity of not more than 50 per cent of employee's average weekly earnings during previous 12 months, but not exceeding 30 shillings ($7.30), and a total liability not exceeding £200 ($973.30). If incapacity lasts less than two weeks, no payment is required for the first week. Aged and infirm employees may agree in advance to accept reduced amounts.

(b) Minor persons may be allowed full earnings during incapacity, but weekly payments may not exceed 10 shillings ($2.43).

(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 the weekly payments after two weeks. Revision of compensation. Weekly benefits 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 any approved company 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 such scheme.

Security of payments. In case of the employer's insolvency, the amount of compensation due under the act, up to £100 ($486.65) in any individual case, is classed as a preferred claim; or, where an employer has entered into a contract with insurers in respect of any liability under the act to any workman, such rights of the employer, in the event of his insolvency, are transferred to and vested in the workman.

Settlement of disputes. Questions arising under the act are settled by agreement of the parties or by arbitration before a special commissioner according to ordinary rules of court.

1 Seamen are compensated under a Commonwealth law of Dec. 28, 1911.

UNION OF SOUTH AFRICA.

Date of enactment. July 1, 1914; in effect January 1, 1915.

Injuries compensated. Injuries by accident arising out of and in course of work, not due to the workman's own serious and willful misconduct causing death or disability. No compensation is paid where disability is for less than one week, or where the accident or its consequences are due to a preexisting diseased condition of the workman which was unknown to the employer.

Industrics covered. “Any trade, industry, business, or public undertaking,” including seamen, but excluding domestic service and agriculture unless the employment is in connection with an engine driven or machine worked by mechanical power.

Persons compensated. All employees other than casual, or outworkers, or those whose earnings exceed £500 ($2,433.35) per annum.

Government employees. Civilian employees are included.

Burden of payment. Entire cost is to be met by the employer.

Compensation for death.

(a) To persons wholly dependent an amount not exceeding 2 years' wages, or £500 ($2,433.25), whichever is less.

(b) To partial dependents an amount not exceeding three times the amount of support received or reasonably to be expected during 12 months. (c) If no dependents, the reasonable expenses of last illness caused by the accident, and of the burial, not to exceed £40 ($194.66).

Compensation for disability.

(a) An amount not exceeding 3 years' earnings or £750 ($3,649.88), whichever is less, in case of permanent total disability.

(b) If disability is partial, an amount not exceeding the probable resultant wage loss for 3 years may be paid, the sum not to exceed one-half the average earnings at the time of the accident, or one-half of £750 ($3,649.88), whichever is less.

(c) For temporary disability, not over 50 per cent of the wages. All payments are made as from the date of the incapacity.

Persons specially liable to injury or death by reason of age or infirmity may contract to receive reduced benefits, not less in amount than one-half the above.

Revision of compensation. Orders for periodical payments may be reviewed at the instance of either party, and modified according to the findings on such review.

Insurance. Not regulated by the act.

Security of payments. Benefits payable on occount of death are to be paid to the magistrate for the use of the beneficiaries, and disability benefits may be so paid. Compensation payments are not subject to assignment or attachment. In case of the insolvency of an insured employer, workmen entitled to compensation are subrogated to the employer's rights under the policy, unaffected by such insolvency.

Settlement of disputes. All questions are to be determined by a magistrate of the district in which the accident occurred, with appeals to superior courts.

VENEZUELA.

Date of enactment. February 23, 1906.

Injuries compensated. Death, injury, or total disability resulting from an accident.

Industries covered. Mining.

Persons compensated. Any miner suffering injury as a result of an accident. Government employees. The law makes no provision for compensation of Government employees.

Burden of payment. Not stated in the law.

Compensation. Amount to be determined by agreement or by a committee composed of one person appointed by each party and one by the highest civil authority.

Revision of compensation. No scheme of revision is provided.

Insurance. No plan for transfer of burden to insurance company or otherwise is provided.

Settlement of disputes. The committee above provided for.

VICTORIA.

Date of enactment. September 6, 1915; in effect, October 1, 1915. Injuries compensated. Injuries by accident arising out of and in course of employment causing death or disability for at least one week; those due to the serious and willful misconduct (including intoxication) of the employee are not compensated unless death or serious and permanent disablement follows. Industries covered. "Any employment."

Persons compensated. Any person regularly employed for the purposes of the employer's trade or business whose earnings are not in excess of £250 ($1,216.63) per annum, but persons engaged in manual labor are not subject to this limitation.

Government employees. Workers employed in public service are included in all cases where the act would apply to private employment.

Burden of payment. Entire cost rests on employer.

Compensation for death.

(a) A sum equal to 3 years' earnings, but not less than £200 ($973.30) nor more than £500 ($2,433.25) to persons entirely dependent.

(b) If only partial dependents survive, a sum not greater than for total dependents, to be determined by agreement or arbitration, and proportionate to the loss sustained.

(c) If no dependents, the reasonable expense of medical attendance and burial, not exceeding £50 ($243.33).

Compensation for disability.

(a) Not more than 50 per cent of the weekly wages, not to exceed £1 10s. ($7.30) per week, nor £500 ($2,433.25) in all; schedule of percentages of a total disability appended for rating partial disablements.

(b) Minor workers may receive full wages during incapacity, but not more than 10s. ($2.43) per week.

(c) Persons specially liable to injury by reason of age or infirmity may be employed under an agreement limiting liability, which shall not, however, be for less than £50 ($243.25) in case of death, if there are dependents; nor for weekly disability payments of less than 58. ($1.22) or one-fourth the weekly earnings, whichever is larger, the total not to exceed £50 ($243.25).

Any weekly payment may be commuted to a lump sum after six months.

Revision of compensation. Weekly payments may be reviewed at the request of either party, and ended, reduced or increased, as the findings may indicate. Insurance. Approved benefit schemes may be maintained if not less favorable than the requirements of the act; if employees contribute, corresponding additional benefits must be provided. If no such scheme is maintained, employers must insure in a State accident insurance fund, or in an approved company.

Security of payments.—Insurance policies must contain such provisions as prescribed in regulations made by the governor in council. Employees of insolvent employers are subrogated to the employers' rights under any policy of insurance to the amount of employers' liability to such employees. Policies in the State fund are guaranteed by the Government. Payments are not subject to assignment, execution, etc.

Settlement of disputes. Disputes are settled by a judge of the county courts or a police magistrate, at the option of the worker, under procedure prescribed by rules of court; appeals to the supreme court on questions of law.

WESTERN AUSTRALIA.

Date of enactment. December 21, 1912; in effect on a date fixed by the governor by order in council.

Injuries compensated. All injuries caused to a workman 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. Railways, waterworks, tramways, electric-light plants. factories, mines, quarries, engineering and building work, cutting standing timber, cutting scrub and clearing land; manufacture and use of explosives; using machines driven by mechanical power; driving vehicles moved by horse or mechanical power; any occupation in which worker incurs risk of falling any distance, if injury or death results; navigation on Western Australian ships in territorial waters.1

Persons compensated. All persons engaged under contract in any employment, except casual workers, outworkers, and those having annual earnings in excess of £300 ($1,459.95).

Government employees. Act applies to all persons employed under the Crown to whom it would apply if employer were a private person.

Burden of payment. Entire cost of compensation rests upon employer but if there are contractors and subcontractors, then upon such jointly and severally. Compensation for death.

(a) A sum equal to three years' earnings, but not less than £300 ($1,459.95) nor more than £400 ($1,946.60), to those wholly dependent upon earnings of deceased.

(b) A sum less than above amount if dependents were partly dependent upon deceased, to be agreed upon by the parties or fixed by local court.

(c) Reasonable expenses of medical attendance and burial not to exceed £100 ($486.65), if deceased leaves no dependents.

Compensation for disability.

(a) Reasonable expenses of medical and surgical aid, but not in excess of £1 ($4.87).

(b) A weekly payment during disability after second week, not exceeding 50 per cent of injured person's average weekly earnings during the previous 12 months, such weekly payment not to exceed £2 ($9.73) and total liability not to exceed £400 ($1,946.60).

(c) In case of partial disability, regard is to be had to the difference between average weekly earnings before and after the accident, and to any payment other than wages made by employer on account of the injury.

(d) 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, after six months, on the application of the employer, the amount to be determined by the court in default of agreement.

Revision of compensation. Weekly payments may be revised by the court 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 registrar of friendly societies certifies that the scheme is on the whole not less favorable to the general body of employees and their dependents than the provisions of the act. In such case employer is liable only in accordance with this scheme.

Security of payments. When an 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 workman under such liability, then in the event of his becoming insolvent such workman has a first charge upon this sum for the amount so due. Compensation for injuries sustained in the course of employment in or about a mine, factory building, or vessel is deemed a charge on the employer's interest in such property.

Settlement of disputes. Disputes arising under the act are settled by the local court of the district in which the injury is received.

1 Seamen are compensated under a Commonwealth law of Dec. 28, 1911.