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النشر الإلكتروني

XV. JURISDICTION AND PROCEDURE.

If compensation is not settled by agreement, the Industrial Board upon its own motion or upon application of parties may assign case for hearing by a member of the Board and the decision of member, together with transcript of evidence, findings of fact, rulings of law and any other matters pertinent to questions arising before him shall be filed with Board; unless claim for review is filed by either party in 30 days the decision is enforceable in District Court. If application for review is made, Board shall hear parties and evidence and revise decision of member, and shall file its decision with record and notify parties. Board may not oftener than once in six months review any agreement or award and may make an award ending, diminishing or increasing compensation. Award of Board, in absence of fraud, shall be final unless either party appeals to the District Court.

ILLINOIS.

(Revised Statutes 1921, Chapter 48.)

I. SCOPE AND APPLICATION.

1. Applies automatically and without election for accidental injuries arising out of and in the course of employment to state, county, city, town, township, incorporated village, school district, body politic and municipal corporation, all employers and employees in all departments of enterprise engaged in extra hazardous businesses, the following, among others, declared by the act to be such:

The erection, remodelling, demolishing and construction of any structure construction, excavating and electrical work-carriage by land and water-warehouse, mining and quarrying-explosives and enterprises where molten metals, explosives, acids and gases are used.

2. Common law and statutory right of action for the recovery of damages not allowed to those falling automatically within the provisions of act, nor to others who may have elected to come under act.

3. Farmers and tillers of soil excepted from provisions of act.

II. COMPENSATION.

1. FOR INJURIES RESULTING IN DEATH:

children,

(a) When employee leaves a widow, child or whom he was under legal obligation to support, a sum equal to four times average annual earnings, not less than $1,650.00 nor more than $3,750.00; minimum of $1,650.00 increased to $1,750.00 where widow and one child, to $1,850.00 where widow and two or more children. Maximum of $3,750.00 increased to $4,000.00 where widow and one child and to $4,250.00 where widow and two or more children, where all such children under sixteen years

of age.

(b) Where employee leaves no widow but leaves parent, child or children totally dependent upon his earnings for support, a sum equal to four times his average annual earnings, but not less than $1,650.00 nor more than $3,750.00. (c) Where no amount is payable under (a) or (b) and employee leaves parent, child or children, grandparent or grandchild dependent upon his earnings, such proportion.

of four times his annual earnings as dependency bears to total dependency; not less than $1,650.00 nor more than $3,750.00.

(d) Where no amount payable under (a), (b) or (c), then to collateral heirs dependent upon employee's earnings, such percentage of four times amount of earnings as contributions for two years previous bears to earnings. (e) If no amount payable under (a), (b), (c) or (d), then $150.00 for burial.

(f) All the above compensation payable in installments at same intervals and in same amounts as compensation would have been payable in case of injury only. (Lump sum may be paid if approved by Industrial Commission.) (g) Industrial Commission has power to order compensation paid to such persons as form the basis for the same and payment to persons so ordered discharges the employer from further obligation or liability.

(h) When compensation ceases. No payments for compensation on death awards to be less than $7.50 nor more than $17.00 weekly and not to extend over a period longer than eight years. Whenever any child arrives at the age of sixteen, then such proportion as such child may have increased compensation that amount ceases. Death of any beneficiary also reduces the payment according to such proportion of award as such beneficiary received.

2. INJURIES NOT RESULTING IN DEATH:

(a) First aid, medical and surgical services; all hospital services during period compensation is paid. Also all necessary medical and surgical services for period not longer than 8 weeks and not exceeding $200.00. And, in addition, medical and surgical services in excess of such amounts during time injured is confined to hospital. Employee may choose his own doctor and hospital at his own expense.

(b) Temporary total compensation. Fifty per cent of earnings not less than $7.50 nor more than $14.00 per week so long as incapacitated, limited in amount to what would have been paid had death occurred. Such minimum to be increased to $8.50 where employee has one child under age of sixteen years; to $9.50, two such children, and to $10.50 in case of three or more children of such age. Said maximum of $14.00 to be increased to $15.00 where one child under sixteen, to $16.00 where two children under sixteen, and to $17.00 where three or more children under the age of sixteen. All such increases to cease when children have arrived at age of sixteen years

and all compensation to cease when injured has fully recovered.

(c) Temporary partial disability. No such compensation payable.

(d) Partial permanent disability. Fifty per cent of difference between average amount earned before accident and amount which employee is earning or can earn in some suitable employment after accident. Limited as to time and amounts fixed in paragraph (b) above.

(e) Disfigurement. For a serious and permanent disfigurement to the hand, head or face, compensation in amount not to exceed one-fourth of a death benefit.

(f) Specific injuries. For loss of thumb, 60 weeks: first finger, 35 weeks; second finger, 30 weeks; third finger, 20 weeks; little finger, 15 weeks; great toe, 30 weeks; any other toe. 10 weeks; hand, 150 weeks; arm, 200 weeks foot, 125 weeks; leg, 175 weeks; eye, 100 weeks; first phalange of thumb, or any finger, or toe, equal to one-half of such member. Two or more phalanges, total loss of such member. Partial loss of any member not measured by phalanges, by percentage. Loss of both hands, both arms, both feet, both legs, both eyes or any two thereof, total disability. (Note: The weeks above referred to mean so many weeks compensation as above herein explained.)

(g) Total permanent disability. Fifty per cent of earnings, not less than $7.50 nor more than $14.00 per week (to be increased in case of children as above stated), commencing on the day after injury, continuing until amount paid equals what would have been paid had death occurred, and thereafter a pension for life at 8 per cent of annual earnings of employee for year previous. Petition may be filed with Commission at any time on the ground that condition has improved, and if employee has received award under this provision and returns to work or is able to do so and earns as much as before, the compensation shall cease. If he earns part but not as much, the same to be reduced accordingly.

III. BASIS FOR COMPUTING COMPENSATION.

The basis for both death and injury to be computed on annual earnings of injured employee during preceding year in the grade in which he was working at time of injury not less than 200 days. If injured had been engaged for a full year then computation shall be made according to annual earnings of persons in

same class, in same employment and location, or by neighboring employments of same class.

IV. LUMP SUM.

Lump-sum payments of awards or unpaid parts thereof may, on petition to Industrial Board, be granted on showing made that it is to the best interests of both parties. All lump-sum awards may be rejected by either party, except for death and permanent disability. Lump sum commuted on total sum of probably future payments capitalized at present value upon the basis of interest at 3 per cent, with annual

rests.

V. WAITING PERIOD.

Compensation begins on the eighth day after injury, except in cases of permanent disability and in temporary disability where total incapacity lasts for four weeks or longer, then it begins on the day after the injury.

VI. NOTICE OF ACCIDENT.

Notice of accident, stating name, address and approximate place of accident, must be given in simple language (no defect or inaccuracy to bar) within thirty days after accident. In case of mental incapacity notice must be given within six months. No proceedings for compensation shall be maintained unless claim for compensation be made within six months after accident, or, if payments on compensation be made, unless written claim for compensation is made within six months after the last payment. Employees injured and returning to the same employer for work may file claim within eighteen months after injury. (Note: Notice of accident is one thing. Claim for compensation is another.)

VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT.

1. Every employer falling within the act must either (1) file a sworn statement with the Commission of his financial ability to pay compensation, or (2) furnish security or bond, or (3) insure to a responsible amount his liability,

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