payments as found due and prospectively due at time. of such hearing, or employer may apply at same court for determination of amount due in installments or of a lump sum in lieu thereof. V. WAITING PERIOD. First two weeks. Compensation begins at end of second week. VI. NOTICE OF ACCIDENT-CLAIM FOR COMPEN SATION-LIMITATIONS. 1. Notice. No proceedings for compensation shall be maintained and no compensation due unless notice of accident, stating name and address of workman, date and place of accident, served personally or by registered mail, as soon after accident as practicable and before workman leaves employment. 2. Claim for Compensation. No proceedings for compensation shall be maintained unless claim has been made within six months after injury, or if death or physical or mental incapacity occurs within six months after death or removal of such incapacity, or if payments made within six months after last payment. VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT. 1. Act does not apply to an employer, even though he elects, until he satisfies Commissioner of Labor as provided in paragraph 2 of I above. 2. Reports. Employers to comply with requirements of Commissioner from time to time, with penalty for failure or refusal so to do, subjecting the employer to provisions of the law as if he had not accepted the provisions of the Compensation Act. VIII. SETTLEMENTS AGREEMENTS. Recognizes the right to make settlements at any time. IX. WAIVER. No mention of right of waiver or denial of right appears. Act does provide, however, that when work man is mentally incompetent when right of action accrues to him, guardian must be appointed for him by the Court to act for him, and no limitation of statute as to time for serving notice, etc., runs until the appointment has been made. X. OWNERS AND CONTRACTORS, No provisions concerning. WITH RELA XI. EMPLOYERS RELIEVED FROM LIABILITY FOR COMPENSATION. No provision of act on this subject. XII. SUBROGATION. No provision. XIII. PRE-EXISTING DISEASE. No provision. XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED. Upon request of employer, employee must submit to examination at reasonable time and place convenient to workman within two weeks after injury, and thereafter not oftener than weekly. Refusal on the part of employee, or the obstructing of the right of the employer, suspends compensation until he submits. XV. JURISDICTION AND PROCEDURE. If questions arise not settled by agreement, action in equity is the remedy. Petition may be filed when compensation is not paid to recover same, returnable and may be heard in term time or vacation by any justice of the Superior Court. If not heard by that Court, executors and administrators in deceased employee's estate may apply to the Probate Court for a determination of questions in dispute. Same rights are given the employer. No denial of right of appeal appearing in the act, it is presumed that appeals in compensation cases can be had upon judgments of the above courts, same as in all other civil actions. NEW JERSEY. (Enacted 1911, Compiled Statutes, First Supplement 1911-1915, page 1638; Amended Laws 1918, Chapter 149; Laws 1919, Chapter 93; Laws 1921, Chapters 85, 229, 230, 272; Supplementary Acts; Insurance Laws 1917, Chapter 178.) I. SCOPE AND APPLICATION. SECTION I. 1. When personal injury is caused to employe by accident arising out of employment of which negligence of employer is proximate cause, he shall receive compensation therefor from employer, provided employee was not willfully negligent and question is one for jury. The right to compensation as provided by section 1 shall not be defeated upon ground injury was caused in any degree by negligence of fellow employee, injured employee assumed the risk from failure to provide and maintain safe premises, which said grounds of defense are abolished. Contract of employer with contractor or subcontractor will not to protect employer from liability for injury caused by unsafe places, appliances to employees of contractor or subcontractor. The foregoing provisions apply where injury results in death. SECTION II. 1. When employer and employee by agreement accept provision of section II, compensation for injuries or death shall be made by employer without regard to negligence of employer according to schedule of act, in all cases except where injury or death is intentionally inflicted or when intoxication is proximate cause of injury, such agreement deemed surrender of right to compensation by any other method. 2. Every contract of hiring made subsequent to act presumed to have been made with reference to provisions of section II unless there be as part of contract an express statement in writing, prior to accident that provisions of section II are not intended to apply, then it shall be presumed that the parties have accepted provisions of section II of act, and are agreed to be bound thereby. In employment of minors, section 2 presumed to apply. The contract for operation of provisions of section II may be terminated by either party upon sixty days notice, in writing, prior to accident. Contracts of hiring made prior to passage of act shall, after act takes effect, presumed to continue subject to provisions of section II. 3. Every employee of state and municipality or any board or commission or any other governing body, including boards of education, within state to be included within terms of section II, provided no persons receiving salary greater than $1,200.00, nor any person holding elective office shall be entitled to compensation. II. COMPENSATION. 1. FOR INJURY RESULTING IN DEATH: In case of death compensation shall be computed, but not distributed on following basis: (a) For one dependent, 35 per cent of wages. (f) For six or more dependents, 60 per cent of wages. same way as if said deceased employee were an adult, notwithstanding any rule of law as to person entitled to minor's wages. (i) Distribution. Among dependents, if more than one, according to order of Compensation Bureau, which shall, when applied for purpose, determine upon facts being presented to it, the proportion to be paid or on behalf of each dependent according to relative dependency. Payment on behalf of infants to surviving parents, if any, or to statutory or testamentary guardian. (j) If death results from accident, whether there be dependents or not, expenses of last sickness not exceeding $200.00, also cost of burial not to exceed $100.00. (k) In computing compensation to those named in this paragraph, except in the case of husband, wife, parents, stepparents, only those under 18 or over 40 years of age shall be included, and then only for that period in which they are under 18 or over 40, provided that payments to each physically or mentally deficient persons are for such reason dependent, shall be made during full term of compensation payment. (1) Employer of every person who shall die as result of accident, and who shall leave no dependents entitled to compensation shall, in case dependents of employee would be entitled to compensation had such employee left dependents, pay to Commissioner of Labor $400.00 which shall be paid to State Treasurer. This does not apply to employer if he has not accepted act. (m) Compensation in case of death shall be subject to a maximum compensation of $12.00 per week, and a minimum of $6.00 per week, provided if at time of injury employee receives wages of less than $6.00 per week, then compensation shall be full amount of wages per week. The compensation to be paid during 300 weeks. 2. INJURY NOT RESULTING IN DEATH: (a) During first two weeks after injury employer shall furnish reasonable medical and hospital services and medicines when needed, not to exceed $50.00 in value, unless employee refuses to allow them to be furnished by emplover. (b) Temporary disability. Fifty per cent of wages received at time of injury, subject to maximum compensation of $10.00 per week and minimum of $5.00; provided if at time of injury employee receives less than $5.00 per week, then full amount of wages per week. (c) Partial disability. For disability partial in character, but permanent in quality, compensation shall be based upon extent of such disability. |