صور الصفحة
PDF
النشر الإلكتروني

7. No compensation payable for death of employee if his death caused by an unreasonable refusal or neglect to submit to or follow any competent and reasonable surgical treatment or medical aid.

II. COMPENSATION.

1. INJURY RESULTING IN DEATH:

(a) To widow, if no child, 30 per cent of average wage of deceased, paid till death or remarriage, with two years compensation in one sum upon remarriage.

(b) To widower, if no children, 30 per cent average wage of
deceased, if wholly dependent at time of death, com-
pensation to be paid until death or remarriage.

(c) To widower or widow, if children, payable under clause
"a" or "b" and in addition additional sum of 10 per cent
of such wages for each child until eighteen years of age.
In case of death of surviving wife or dependent husband
any surviving children of deceased shall have increase to
15 per cent wages, and same shall be payable until he
reaches age of eighteen, provided total amount payable
shall in no case exceed 6623 per cent of such wage. If
children have guardian other than surviving parent, com-
pensation on account of such children shall be paid to
guardian. Compensation on account of any child ceases
when dies, marries or reaches age of eighteen or if over
eighteen and incapable of self support, becomes capable.
(d) If there be a surviving child or children of deceased under
age of eighteen, but no surviving wife or dependent hus-
band, then for support of each child, until eighteen years,
15 per cent of wages, provided aggregate shall in no case
exceed 662% per cent of wages.

(e) If no surviving wife, or child under eighteen, shall be
paid to parent, if wholly dependent, 25 per cent of aver-
age monthly wages of deceased during dependency with
added allowance of 10 per cent if two dependent parents
survive; to brothers and sisters under eighteen years, if
one is wholly dependent at time of injury causing death,
20 per cent of average monthly wage for support of such
brother and sister until age of eighteen. If more than
one brother and sister wholly dependent, 30 per cent
average monthly wage at time of death, divided among
such dependents share and share alike. If no one wholly
dependent, but one or more partly dependent, 10 per cent
among such dependents share and share alike.

(f) In all other cases, question of total or partial dependency determined according to facts. If deceased leaves partial dependents, monthly compensation to be paid shall be equal to same proportion of monthly payments for benefit of persons totally dependent as amount contributed by em

ployee to partial dependent bears to average wage at time of injury resulting in death. Duration of compensation to partial dependents fixed by Commission in accordance with facts, not to exceed 100 months.

(g) Compensation for widow and dependent children, Commission may from time to time apportion between them as deems best. If dependent to whom death benefit is paid is an alien not residing in United States, compensation shall be only 60 per cent of amounts specified. (h) Any excess wage over $120.00 a month shall not be taken into account in computing compensation benefits. (i) In cases of award to widow, dependent children or persons wholly dependent no lump sum shall be allowed. (j) In case of death of any dependent specified in foregoing enumeration before expiration of time named in award funeral expenses not to exceed $125.00 shall be paid. (k) Burial expenses of deceased employee not to exceed $125.00 in addition to compensation payable under act.

2. INJURY NOT RESULTING IN DEATH:

(a) First aid, medical. Every injured employee entitled to receive promptly such medical, surgical, hospital and other treatment, nursing, medical and surgical supplies, including artificial members, as may be reasonably required at time of injury and within ninety days thereafter, extended to one year by Commission. For purpose of providing fund to take care of accident benefit Commission may collect a premium upon total pay roll of every employer; the state insurance fund shall not be liable for any accident benefit; it shall be duty of employer to render injured employee first aid, including transportation to place of proper treatment. Money may be collected from employees for this fund.

(b) Temporary total disability. If no total dependent residing in United States, 60 per cent of average monthly wages, not more than $72.00 nor less than $30.00 a month, not exceeding 100 months during disability, total amount not to exceed $7,200.00; if total dependents residing in United States compensation as provided herein with additional allowance of $10.00 per month for such dependents during disability.

(c) Temporary partial disability. Sixty per cent of difference between wages earned before injury and wages which injured party is able to earn thereafter, not more than $40.00 per month for period not to exceed 60 months during period of said disability. For purpose of this provision any excess wages over $120.00 per month shall not be taken into account in computing compensation for temporary partial disability.

(d) Permanent partial disability. See "f."

(e) Disfigurement. For permanent disfigurement about the head or face which shall include injury to or loss of teeth, Commission may allow such sum for compensation as it may deem just, in accordance with proofs submitted, for period not to exceed 12 months.

(f) Specific injuries. In any of following specified injuries disability caused thereby shall be deemed a permanent partial disability and compensation of 50 per cent of average monthly wage, subject to minimum of $30.00 per month and maximum of $60.00 per month, shall be paid in addition to compensation paid for temporary total disability for period named in following schedule.

Loss of thumb, 15 months.

Of first finger, index finger, 9 months.
Of second finger, 7 months.

Of third finger, 5 months.

Fourth finger, little finger, 4 months.

Loss of distal or second phalange of thumb or distal or third phalange of first, second, third or fourth finger considered a permanent partial disability and equal to loss of one-half of such thumb or finger and compensation shall be one-half of amount specified for loss of entire finger.

Loss of more than one phalange of thumb or finger considered as loss of entire finger or thumb, provided in no case shall amount received for more than one finger exceed amount provided in schedule for loss of hand.

Loss of leg, 50 months.

Loss of eye by enucleation, 30 months.

Permanent and complete loss of sight in one eye without enucleation, 25 months.

Permanent and complete loss of use of finger, toe, arm, hand, foot or leg deemed same as loss of member by separation.

Loss of great toe, 7 months.

Loss of one of other toes, 22 months.

Loss of first phalange of toe considered equal to loss of one-half such toe, and compensation one-half of amount above.

Loss of more than one phalange considered loss of entire toe.

Loss of a major hand. 50 months.

Loss of minor hand, 40 months.

Loss of major arm, 60 months.

Loss of minor arm, 50 months.

Loss of foot, 40 months.

Permanent and complete loss of hearing in both ears, 60 months.

Permanent and complete loss of hearing in only one ear, 20 months.

For partial loss of use of finger, toe, arm, hand, foot, leg or partial loss of sight or hearing, 50 per cent of average monthly wage during proportion of number of months in foregoing schedule provided for complete loss of sight or hearing which the partial loss of use thereof bears to the total loss of use of such member or total loss of sight or hearing.

In all cases of permanent partial disability, not otherwise specified in foregoing schedule, the percentage of disability to total disability shall be determined. For purpose of computing compensation for a disability that is partial in character but permanent in quality, 50 per cent of average monthly wage, not to exceed sum of $60.00 per month, for period of one month shall represent 1 per cent disability.

In determining percentage of disability consideration shall be given, among other things, to any previous disability, occupation of injured employee, the nature of physical injury and age of employee at time of injury.

Commission may adopt a schedule for rating disabilities. No compensation payable for disability in so far as his disability may be aggravated caused or continued by an unreasonable refusal or neglect to submit to or follow any competent surgical treatment or medical aid.

(g) Total permanent disability. Sixty per cent of average monthly wages, not less than $30.00 month nor more than $60.00 per month during life of injured party, provided in cases of permanent total disability, if character of injury is such as to render workman so physically helpless as to require constant attendant, an additional allowance of $30.00 per month so long as such requirements continue, but such increase shall not obtain or be operative while workman is receiving hospital care pursuant to clause "a."

In cases of following specified injuries, in absence of contrary proof disability deemed total and permanent: (1) total and permanent loss of sight of both eyes; (2) loss by separation of both legs at or above knee; (3) loss by separation of both arms at or above elbow; (4) injury to spine resulting in permanent and complete paralysis of both legs or both arms, or one leg and one arm; (5) any injury to skull resulting in incurable imbecility or insanity; (6) the loss by separation of one arm at or or above elbow and one leg by separation at or above knee may be deemed a permanent total disability. The above enumeration is not exclusive; and in all cases permanent total disability shall be determined in accordance with the facts.

III. BASIS FOR COMPUTING COMPENSATION.

No provision considering this subject.

IV. LUMP SUM.

Commission may in its discretion allow conversion of compensation herein provided for into a lump-sum payment not to exceed $5,000, under such rules and regulations and system of computation as may be devised for obtaining present value of such compensation.

V. WAITING PERIOD.

No compensation paid for injury that does not incapacitate employee for a period of at least seven days from earning full wages, but if incapacity extends beyond period of seven days, compensation shall begin on eighth day after injury, and if disability continues one week beyond period of seven days, compensation shall be computed from date of injury. VI. NOTICE OF ACCIDENT-LIMITATIONS.

Notice of injury for which compensation is payable shall be given to Commission as soon as practicable; in case of death, as soon as practicable, but within sixty days after death. Notice shall be in writing, containing name and address of injured employee, time, place and cause of injury and signed. No proceeding shall be filed for compensation unless injured employee or someone in his behalf files with Commission claim for compensation within 90 days after happening of accident, or within one year after death. Notice shall be served either by delivering copy or by registered mail. Failure to give notice of claim for compensation shall be a bar to any claim under act, but failure may be excused on grounds that notice for sufficient reason could not be made; that failure would not result in unwarrantable charge against insurance fund; that employer had actual knowledge of accident, and that failure was due to ignorance of law.

« السابقةمتابعة »