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النشر الإلكتروني

GEORGIA.

(Parks' Annotated Code 1922, Vol. 9 Supplement, Art. VI, Chap. IV, page 858; Amended Laws 1922, No. 490, page 185.)

I. SCOPE AND APPLICATION.

1. Applies to every municipal corporation within State and any political division, any individual, firm, association or corporation engaged in any business operated for gain or profit and every employee, including a minor in service under any contract of hire or apprenticeship, except one whose employment is not in usual course of trade, business occupation or profession of employer and except interstate carriers, common carriers engaged in intrastate trade commerce motive power of which is steam, casual employees, farm laborers, domestic servants, employees of public charities nor to any person, firm or private corporation, including public service corporation that has less than ten employees, unless such employees and their employers voluntarily elect to be bound by the law.

2. Every employer and employee shall be presumed to have accepted the provisions of this law and pay compensation unless prior to accident resulting in injury or death, notice to contrary shall have been given. Neither municipal corporations, not any political subdivision of State nor employees shall have the right to reject provisions of law. 3. Any employee electing not to operate under law shall not in any suit at law by employee subject to this law be permitted to defend upon grounds employee was negligent, negligence of fellow servant or assumption of risk.

4. An employee who elects not to operate under law, in action for damages against employer accepting compensation provisions, proceed at common law, and employer may avail of defenses of contributory negligence, negligence of fellow servant and assumption of risk, and when both employer and employee are exempt, the liability of employer shall be the same as though he alone rejected. terms of law, and employee may avail of common-law defenses.

II. COMPENSATION.

1. FOR INJURIES RESULTING IN DEATH:

If during period of disability caused by accident, death results proximately therefrom, compensation shall be as follows: (a) In addition to other compensation, reasonable expenses of last sickness and burial expenses not to exceed $100.00, if no dependents this shall be the only compensation, (b) Dependents wholly dependent upon earnings of employee shall receive a weekly payment equal to 85 per cent of compensation which is provided for under provision for total disability for a period not exceeding 300 weeks from date of injury.

(c) If dependents partly dependent upon earnings, the weekly compensation to be paid as aforesaid shall be equal to same proportion of weekly payments for benefit of persons wholly dependent as amount contributed by employee to partial dependents bears to total dependency at time of injury.

(d) When weekly payments have been made to injured employee before his death, compensation to dependents begin on date of last payment but shall not continue more than 300 weeks from date of injury, nor except during dependency. Total compensation to dependents not to exceed in aggregate $12.75 per week.

(e) If employee leaves dependents, citizens of or residing in United States or Canada, amount of compensation not to exceed $1,000.00.

(f) When employee entitled to compensation dies from any cause not resulting from injury for which he was entitled to compensation, payment of unpaid balance shall cease and liability terminate.

2. FOR INJURIES NOT RESULTING IN DEATH:

(a) For a period not exceeding thirty days after accident, the employer shall furnish free of charge necessary medical attention not to exceed $100.00; during remainder of period of disability employer at his option may furnish attending physician, such surgical, medical or hospital service as may be deemed necessary by physician or Commission. If employer fails to provide physician during first thirty days, reasonable cost of service shall be paid by employer if ordered by Commission.

(b) Partial incapacity. To injured employee during such incapacity, a weekly compensation equal to one-half the difference between his average weekly wages before the injury and the average weekly wages which he is able to

earn thereafter not more than $12.00 a week, and in no case period covered greater than 300 weeks from date of injury. If partial incapacity begins after period of total incapacity, the latter period shall be deducted from maximum period herein allowed for partial incapacity.

(c) Specific injuries. Incapacity in following cases deemed to continue for period specified, compensation as specified and in lieu of all other compensation.

a. Loss of thumb, 50 per cent of average weekly wages during 60 weeks.

b. Loss of first finger, index finger, 50 per cent of weekly wages during 35 weeks.

c. Loss of second finger, 50 per cent of weekly wages during 30 weeks.

d. Loss of third finger, 50 per cent of average weekly wages during 20 weeks.

e. Loss of fourth finger, little finger, 50 per cent of average weekly wages during 15 weeks.

f. Loss of first phalange of thumb or any finger considered equal to loss of one-half of such thumb or finger and compensation to be one-half of periods of time above specified.

g. Loss of more than one phalange considered 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 a hand.

h. For loss of great toe, 50 per cent of average weekly wages for 30 weeks.

i. For loss of one of toes other than great toe, 50 per cent of average weekly wages during ten weeks.

j. Loss of first phalange of any toe considered to be equal to loss of one-half of such toe, and compensation for one-half of periods of time above specified. k. Loss of more than one phalange shall be considered as loss of entire toe.

1. For loss of hand, 50 per cent of average weekly wages for 150 weeks.

m. For loss of arm, 50 per cent of average weekly wages for 200 weeks.

n. For loss of foot, 50 per cent of average weekly wages for 125 weeks.

o. For loss of leg, 50 per cent of average weekly wages for 175 weeks.

p. For loss of an eye, 50 per cent of average weekly
wages for 100 weeks.

q. For complete loss of hearing in both ears, 50 per cent
of average weekly wages during 150 weeks.
r. Total loss of use of a member or vision of an eye
shall be equivalent to loss of such member or eye.
Compensation for partial loss of use of a member or

for partial loss of vision of an eye shall be such proportion of the payments above provided for total loss as such partial loss bears to total loss. In no case shall compensation be more than $12.00 or less than $6.00 a week.

(d) Total incapacity. Where incapacity resulting from injury
is total employer shall pay a weekly compensation equal to
one-half of his average wages, but not more than $15.00
per week or less than $4.00, then regular wages on date
of accident shall be amount paid, and in no case shall
period covered be greater than 350 weeks nor shall total
compensation exceed $5,000.00.

(e) Hernia. All hernia, inguinal, femoral or otherwise proved
to be the result of an injury by accident shall be treated
in a surgical manner by radical operation; if death results
from operation death is considered as result of injury
and compensation will be paid under the act. In non-
fatal cases, time loss only shall be paid unless it is shown
by examination that injured employee has a permanent
partial disability, if so, compensation shall be paid in ac-
cordance with provisions for partial disability.
If em-
ployee refuses to undergo operation no compensation shall
be allowed, and if he has some chronic disease or is not
in physical condition to undergo said operation he shall
be paid compensation for partial incapacity.

III. BASIS FOR COMPUTING COMPENSATION.

Compensation of injured person shall be computed on basis of regular wages received by employee on date of accident. Compensation of one not receiving regular wages and employed for such a short period that it is impracticable to accurately determine the wages, the employees of same class, in same employment, in same locality, or if that be impracticable, of neighboring employees of same kind, shall be used as basis. If employee receives two injuries, he shall not be entitled to compensation for both injuries unless later injury is permanent, but shall be entitled to compensation for that injury and from time that injury will cover the longest period and largest amount. If employee receives two permanent injuries in same employment he shall be entitled to compensation for both, but total compensation shall be paid by extending period and not increasing weekly compensation; and in no case exceeding 350 weeks.

IV. LUMP SUM.

Whenever weekly payments have been continued for less than 26 weeks, liability therefor where parties agree and Commission deems for best interest, or where it will prevent hardship on employer, may be redeemed by payment of lump sum, fixed at an amount which will equal the total sum of probable future payments, capitalized at their present value upon basis of interest calculated at 5 per cent per annum.

V. WAITING PERIOD.

No compensation shall be allowed for first seven calendar days of incapacity, including day of injury, except medical attention.

VI. NOTICE OF ACCIDENT-LIMITATIONS.

Every injured employee or representative as soon as practicable give written notice of accident. No compensation payable unless written notice given 30 days after occurrence of accident or if death results unless reasonable excuse is made and employer has not been prejudiced. Notice shall state name and address of employee, time, place and cause of accident and resulting injury or death, signed by employee or person in his behalf. No defect in notice shall bar compensation unless employer is prejudiced. Notice may be served personally or by registered letter. Right to compensation shall be barred unless claim is filed with Industrial Commission one year after accident and if death results unless claim is filed within one year thereafter.

VII. REQUIREMENTS OF EMPLOYERS TO COMPLY WITH ACT.

Every employer who accepts compensation provisions shall insure payments to his employees. Every employer shall keep a record of injuries received by employees in course of their employment and within ten days after occurrence mail report to Commission on blanks provided for that purpose. Every employer shall file with Commission satisfactory evidence of its compliance with requirement for insurance.

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