صور الصفحة
PDF
النشر الإلكتروني

system of compensation or continue any agreement in lieu of compensation under this act.

Every employer shall keep a record of injuries received by employees, and within a week after occurrence report in writing to Commission, with details of accident, address and occupation of employee.

VIII. SETTLEMENTS—AGREEMENTS.

Subject to approval of Commission, any employer may enter into agreement with employees or continue any agreement to provide a system of compensation in lieu of compensation under act.

No agreement of employee to pay any portion of premium paid by his employer shall be valid.

IX. WAIVER.

No agreement to waive right to compensation under this act shall be valid.

Every employee or legal representatives that make application for award or accept compensation waive right to option to institute proceedings in any court. X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES.

Where any employer procures any work to be done wholly or in part by a contractor over whose work he retains supervision or control, and work so procured to be done is a part or process in the trade or business of employer, then such contractor and all persons employed by him and all subcontractors under him, and persons employed by such subcontractor, shall be deemed, within the meaning of this section, employees of original contractor. Any person, firm or corporation, engaged in performance of work as independent contractors shall be deemed an employer within meaning of section. Independent contractor is not subject to rule or control of employer.

XI. EMPLOYERS MAY BE RELIEVED OF LIABILITY FOR COMPENSATION.

No provision considering this subject.

XII. SUBROGATION.

No provision considering this subject.

XIII. PRE-EXISTING INJURIES.

If employee, who has previously incurred permanent partial disability, incurs a subsequent permanent partial disability such that compensation payable for disability resulting from combined injuries is greater than compensation which, except for pre-existing disability, would have been paid for later injury, employee shall receive compensation on basis of combined injuries, but liability of his employer shall be for later injury only.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

Any employee claiming right to compensation may be required by Commission or its medical examiner to submit for medical examination at any time and from time to time at place reasonably convenient. If employee refuses to submit to examination or obstructs same, his right to hearing or to receive compensation shall be suspended during period of such refusal or obstruction.

If employee desires to leave locality, he shall report to attending physician for examination and after notifying Commission of his intention to leave, with certificate of attending physician and upon written consent of Commission, the employee may leave locality.

XV. JURISDICTION AND PROCEDURE.

Commission shall have full power and authority to hear and determine questions within its jurisdiction pertaining to payment of compensation and its decision shall be final, unless on grounds going to basis of claimant's right, then claimant within thirty days after notice of final action of Commission may, by filing appeal in District Court of county in which injury was inflicted, be entitled to trial in ordinary way, and determine rights and fix compensation within limits of act and final judgment so obtained shall be paid out of state insurance fund. Within thirty

days, after application for rehearing is denied or if application granted within thirty days after rendition of decision on rehearing, any party affected may apply to Supreme Court for writ of certiorari for the purpose of having the lawfulness of original award on rehearing inquired into and determined.

If employer defaults in payments required to be made by him to state insurance fund, the amount due from him, with interest at rate of 12 per cent per annum, shall be collected in civil suit against him in name of state as plaintiff.

VERMONT.

(Enacted 1915; General Laws 1917, Chapter 241, page 984; Amended Laws 1919 and 1921.)

I. SCOPE AND APPLICATION.

1. Applies to employers and employees who have prior to injury by agreement, expressed or implied, accepted provisions of act. Every contract of hiring, verbal, written or implied, made after July 1st, 1915, presumed to have been made subject to act, unless by provision of contract or written notice prior to the contract by either party to the other and to the Commissioner of Industries that the provisions are not to apply. Agreement for act to apply may be terminated by sixty days notice to other party and said Commissioner.

2. Where employee elects to accept act and employer elects not to do so, employer denied in action brought (1) that employee was negligent; (2) negligence of fellow servant; (3) assumed risk.

3. Where employer elects to come under and employee elects not to do so, common law and statutory defenses are available in defense.

4. Applies to all industrial and public employment except domestic servants and employers of ten persons or less (who may also elect, if they choose, to come under act). Also employees (officials excepted) of municipalities after municipalities have voted to come under act.

5. Employees engaged in interstate commerce excepted. 6. Agreement to be bound by act.

Parties surrender all other remedies and the rights and remedies of act granted to employee where he is entitled to compensation under excludes all other rights and remedies.

II. COMPENSATION.

1. FOR INJURIES RESULTING IN DEATH:

The following percentages of employee's average weekly wage shall be paid by employer or insurance carrier to those entitled thereto and during time stated and limited as follows:

(a) To dependent widow, where no children, until death or remarriage, 331/3 per cent, not exceeding 260 weeks.

(b) To dependent widow, where no children, during inability of self-support or until remarriage, not exceeding 260 weeks. (c) To dependent widow or widower with one or two dependent children, 40 per cent, and if three or more dependent children under 18 years of age, payable to widow for benefit of widow and children, not exceeding 260 weeks. (d) If no widow or widower, but dependent child or children, then to such child or children, 25 per cent, with 10 per cent for each additional child in excess of two, with a maximum of 40 per cent, divided equally and for no longer than 260 weeks.

(e) If there is nothing payable under (a), (b), (c) or (d), but there is a dependent father or mother, to such parent, if wholly dependent, 25 per cent, or if partially dependent, 15 per cent, or if both parents are dependent, then one-half of 25 per cent to each. If no parent, but a dependent grandparent, then to every such grandparent same compensation as to parent.

(f) Where nothing payable under (a), (b), (c), (d) or (e), and there is a dependent grandchild, brother or sister, or two or more of them, to such dependents, 15 per cent for one such and 5 per cent for each additional, with a maximum of 25 per cent, divided equally. Payments under (e) and (f) to extend not beyond 208 weeks. No compensation shall be computed on less wages than $5.00 per week.

(g) If no dependents, a sum not exceeding $100.00 for burial. (h) No compensation for single death shall exceed $3,500.00, and where rates above stated exceed that sum shall be ratably reduced to conform to this limitation.

2. FOR INJURIES NOT RESULTING IN DEATH:

(a) Medical and hospital. During first 14 days of disability employer shall furnish reasonable surgical, medical and hospital services and supplies, not exceeding $100.00. (b) Total temporary disability. After first 7 days, 50 per cent of average weekly, not less than $6.00 nor more than $12.50 per week, and shall not exceed 260 weeks. increase for children.)

(No

(c) Temporary partial disability. No such provision. (d) Partial permanent disability. Beginning on 8th day, half of difference between average weekly wage before injury and average weekly wage which probably can be earned, after injury, not exceeding $10.00 per week and not longer than 260 weeks. If partial disability begins after a period of total disability, such to be deducted from total of 260 weeks hereunder.

« السابقةمتابعة »