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النشر الإلكتروني

OKLAHOMA.

(Enacted 1915; Bunn's Supplement 1918, Chapter 42-A; Amended Laws 1919, Chapter 14.)

I. SCOPE AND APPLICATION.

1. Applies automatically to a person, partnership, association, corporation and legal representatives, receivers and trustees of such, including state, county, city or any municipality employing workmen engaged in following hazardous employments, to wit: Factories, cotton gins, mills and workshops where machinery is used, printing, mines, quarries, construction work, foundries, blast furnaces and other enumerated hazardous employments which shall mean manual or mechanical work or labor connected with or incidental to the industries, plants, factories, lines, occupations or trades enumerated in this act, but shall not include one engaged in agriculture, horticulture, dairy or stock raising or operating steam railroad engaged in interstate commerce.

2. Every employer subject to provisions of this act shall pay compensation as required for disability arising from accidental injury without regard to fault or cause of injury, except where injury is caused by willful intention of employee to bring about injury to himself or failure of employee to guard against accident pursuant to statute or order of Commission or results directly from intoxication of employee, provided it shall not apply to employer unless he employ more than two workmen. The liability is exclusive, except if employer fail to pay compensation action may be maintained for damages and in such action defendent cannot plead nor prove common-law defenses. 3. Actions for injuries in hazardous occupations are abolished. II. COMPENSATION.

1. FOR INJURY RESULTING IN DEATH:

This act shall not affect any actions pending or cause of action existing or which has or may hereafter accrue to dependents or other legal representatives of injured employee in case death results from injury after he has provided compensation, provided for an injury for which compensation is not provided under provisions of this act injured party shall have right of action in courts for his damages on account of such injury.

2. INJURY NOT RESULTING IN DEATH:

(a) First aid, medical. The employer shall promptly provide for an injured employee such medical, surgical or other treatment as may be necessary during 60 days after injury or for such excess time as in judgment of Commission may require; if employer fails to provide injured employee may do so at his expense, and shall be entitled to recover amount so expended. All fees and other charges for such treatment shall be subject to regulation of Commission, and not to exceed $100.00, unless approved by Commission, and Commission may change physician if desirable.

(b) Temporary total disability. Fifty per cent of average weekly wages paid to employee during continuance, not in excess of 300 weeks, except as otherwise provided. (c) Temporary partial disability. In such cases, except the particular case mentioned in subdivision "d" of this subsection, an injured employee shall receive 50 per cent of difference between his average weekly wages and his wage-earning capacity thereafter in same employment or otherwise, if less than before injury during continuance of such partial disability, not in excess of 300 weeks. (d) Partial disability. Disability partial in character, but permanent in quality, compensation shall be 50 per cent of average weekly wages, and shall be paid to employee for period named in schedule.

Loss of thumb, 60 weeks.

Loss of first finger, called index finger, 35 weeks.
Loss of second finger, 30 weeks.

Loss of third finger, 20 weeks.

Loss of fourth finger, called little finger, 15 weeks. Loss of first phalange of thumb or finger shall be considered equal to loss of one-half of such thumb or finger, and compensation shall be one-half of amount above specified; the loss of more than one phalange shall be considered as loss of entire thumb or finger, provided that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for loss of a hand.

For loss of great toe, 30 weeks.

For loss of one of toes, other than great toe, 10 weeks. Loss of first phalange of any toe considered to be equal to the loss of one-half amount specified. The loss of more than one phalange shall be considered as loss of entire toe.

Loss of hand, 200 weeks.
Loss of arm, 250 weeks.
Loss of foot, 150 weeks.
Loss of eye, 100 weeks.
Loss of leg, 175 weeks.

Loss of use of thumb, finger, toe, arm, foot, hand, leg or eye shall be considered as equivalent to the loss of use of such thumb, finger, toe, hand, arm, foot, leg or eye.

Amputation between the elbow and wrist shall be considered as equivalent of loss of hand. Amputation between knee and ankle shall be considered as equivalent to loss of foot. Amputation at or below elbow shall be considered as loss of arm. Amputation at or below knee considered as loss of leg. The compensation for foregoing specific injuries shall be in lieu of all other compensation except as provided for medical treatment in clause "a." In case of injury resulting in loss of hearing compensation shall be payable in amount to be determined by Commission, not in excess of $3,000.00, provided that compensation provided for loss of hearing shall not be in addition to other compensation provided in this section, but shall be taken in consideration in fixing compensation otherwise provided.

In other cases in this class of disability compensation shall be 50 per cent of difference between weekly wages and his wage-earning capacity thereafter in same employment or otherwise payable during continuance of partial disability, not to exceed 300 weeks, but subject to reconsideration of degree of impairment by Commission on its own motion or upon application of any party in interest. Compensation under provisions of this act shall not exceed $18.00 per week or be less than $8.00 per week, if wages at time of injury are less than $8.00 his full weekly wages, and provided further, that compensation received as provided under clause "c" of this subsection shall not, when added to wages received by employee after such injury, amount to a greater sum than his average weekly wages prior to injury.

(e) Disfigurement. In injury resulting in serious and permanent disfigurement of head, face or hand, compensation shall be payable in amount to be determined by Commission, but not in excess of $3,000.00. Provided. compensation for disfigurement shall not be in addition to other compensation provided by this act, but shall be taken in consideration in fixing compensation otherwise provided.

(f) Permanent total disability. Fifty per cent of average weekly wages shall be paid to injured employee during continuance of total disability, not exceeding 500 weeks. Loss of both hands, both feet, both legs or both eyes or any two thereof shall be considered, in absence of proof to contrary, to constitute permanent total disability. In other cases total permanent disability shall be determined in accordance with the facts.

III. BASIS FOR COMPUTING COMPENSATION.

Except as otherwise provided, the average weekly wages of injured employee at time of injury shall be taken as basis upon which to compute compensation, and shall be determined as follows:

1. If injured employee worked in employment in which he was working at time of accident, whether for same employer or not, substantially whole of year immediately preceding injury, his average annual earnings shall consist of 300 times average daily wage or salary which he shall have earned in such employment during days when so employed.

2. If injured employee shall not have worked in such employment during substantially the whole of such year, his average annual earnings shall consist of 300 times the average daily wage or salary which employee of same class working in substantially the same or similar employment in same or neighboring place shall have earned in such employment during the days when so employed. 3. If either of foregoing methods cannot be fairly applied, such annual earnings shall be such sum as, having regard for the previous earnings of injured employee and other employees of same class working in same or similar employment in same or neighboring locality shall reasonably represent the annual earning capacity of injured employee in employment in which he was working at time of accident.

4. The average weekly wages of an employee shall be one fifty-first part of average annual earnings.

5. If it be established that injured employee was minor when injured and that under normal condition his wages would be expected to increase, the fact may be considered in arriving at average weekly wages.

IV. LUMP SUM.

Compensation shall be payable periodically, and the Commission, whenever it shall so deem advisable, may commute such periodical payments to one or more lump-sum payments, provided the same shall be in the interest of justice.

V. WAITING PERIOD.

No compensation shall be allowed for first seven days of disability, except benefits provided for medi

cal treatment and care; provided, should disability continue twenty-one or more 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 and to employer within thirty days after injury. Notice shall be in writing, stating time, place, nature and cause of injury and signed; shall be given Commission by sending by registered mail and to employer by delivering or by registered mail. Failure to give notice, unless excused by Commission either for some sufficient reason or on ground employer or insurance carrier has not been prejudiced, shall be a bar to claim under act.

The failure to file a claim within one year after injury forever bars right to compensation.

VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT.

1. An employer shall secure compensation to his employees in following way:

(a) By insuring and keeping insured payments of such compensation with any stock corporation or mutual association or by exchanging contract of indemnity or interinsurance under regulations prescribed by Commission, or other concerns authorized to transact workmen's compensation insurance in state.

(b) By obtaining and keeping in force guaranty insurance with any company authorized to do guaranty business in

this state.

(c) Subject to approval of Commission, any employer may enter into or continue agreement with their workmen to provide a scheme of compensation.

(d) By furnishing satisfactory proof to Commission of financial ability to pay compensation, and Commission may in its discretion require deposits of securities or indemnity bond.

2. Every employer shall keep a record of injuries, within ten days or reasonable time thereafter, after occurrence of accident resulting in injury, a report shall be made in writing to Commission, stating nature of business, address and occupation of injured employee, time, nature and cause of injury.

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