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النشر الإلكتروني

KANSAS.

(Enacted 1911; General Statutes 1915, Chapter 61, Art. VI, page 1171; Amended, Laws 1917, Chapter 226; Laws 1919, Chapter 222.)

I. SCOPE AND APPLICATION.

1. Applies only to employment in course of employer's trade or business on, in or about a railway, factory, mine, quarry, electric, building or engineering work, laundry, natural gas plant, county and municipal work and all employments wherein a process requiring use of any dangerous explosive or inflammable materials is carried on, which is conducted for the purpose of business, trade or gain, each of which employments are determined to be especially dangerous and it is presumed such employers and employees come within the provisions of this act unless, before injury, they file a written declaration that they elect not to accept thereunder. The act does not apply to business or employments engaged in interstaate commerce or to persons injured while so engaged, nor to agricultural pursuits declared to be nonhazardous. Employers whose work, trade or business is not included in this section, and employers commencing or renewing in this state any work, trade or business may elect to come within provisions of act by filing statement of election to accept. The act shall only apply to employers by whom five or more workmen have been employed continuously for more than one month at time of accident, provided employers having less than five may elect to come within provisions of act.

2. In action by employee entitled to come within act, for damages for injury or death, where employer elected not to come under act, he will not be permitted to defend on ground: (a) employee assumed risk; (b) injury was caused by fellow servant (c) employee was guilty of contributory negligence.

3. In action for damages for injury or death, where employee has elected not to come within act against employer who is within its provisions it shall be a defense that employee has assumed risk or hazard, negligence or want of care of fellow servant or contributory negligence of person injured; none of defenses shall be available where injury was caused by willful negligence of employer or where under law existing at time of death such defenses are not available.

II. COMPENSATION.

1. FOR INJURY RESULTING IN DEATH:

(a) Dependents wholly dependent upon employee's earnings a sum equal to three times his average yearly earnings, computed as provided in Sec. 3, but not exceeding $3,800.00 and not less than $1,400.00, any payments on account of injury from which death results, except for treatment and care of injured shall be deducted from such sum.

(b) If workman does not leave any dependents citizens of United States or Dominion of Canada, compensation shall not exceed $750.00.

(c) If dependents in part on earnings, such proportion of amount payable under "a" as may be agreed upon or determined to be proportionate to degree of dependency of said dependent.

(d) If workman does not leave dependents, reasonable expense of burial not to exceed $150.00.

(e) If workman received injury for which compensation is being paid and death is caused by other causes, compensation unpaid shall be paid to his dependents direct, but if liability is not due, compensation shall be abrogated by death.

2. INJURY NOT RESULTING IN DEATH:

(a) First aid, medical treatment and care of injured employees: On demand employer shall pay costs, not exceeding $150.00, of physician and such medical, surgical and hospital treatment as may be reasonably necessary for a period of not longer than 50 days. (b) Temporary total disability. No compensation paid for first week, except as provided in "a" of this subsection, but after expiration of first week payment shall be made in same manner as wages were payable during such disability of a sum equal to 60 per cent of average weekly earnings, computed as in Division III, being Section 4 of Act, but in no case less than $6.00 per week nor more than $15.00 per week.

(c) Partial disability. If temporary total disability if followed by permanent partial disability resulting from injury, payment for such permanent partial disability shall be made as provided in Clause "C."

Clause "C." Where disability, partial in character, but permanent in quality, results from injury, compensation provided in "a" of this subsection, but not entitled to any other compensation for or during the first week, thereafter compensation in lump sum as provided in schedule, the average weekly wages to be computed in Sec. III,

and compensation to be in no case less than $6.00 per week nor more than $12.00 per week.

(d) Specific injuries. Payable as provided in Clause "C" of subsection 2:

For loss of thumb, 50 per cent of average weekly wages during 60 weeks.

Loss of first finger, commonly called index finger, 50 per cent of average weekly wages during 30 weeks.

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

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

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

For loss of first phalange of thumb or any finger considered to be equal to loss of one-half of such thumb or finger, and compensation equal to one-half of amounts specified above. Loss of first phalange or any part of second phalange of any finger, and which includes loss of any part of bone of second phalange, considered equal to loss of two-thirds of such finger and compensation shall be two-thirds of amount specified above. The loss of first phalange and any part of second phalange of thumb which includes any part of bone of second phalange, shall be considered to be equal to loss of entire thumb. The loss of first and second phalanges and any part of third proximal phalanges of any finger, which includes loss of any part of bone of third or proximal phalange, shall be considered as loss of entire finger.

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

For loss of any other toe, than great toe, 50 per cent of average weekly wages during 10 weeks.

Loss of first phalange of any toe shall be considered equal to loss of one-half of such toe, and compensation shall be one-half of amount above specified.

Loss of more than one phalange of toe shall be considered equal to loss of the entire toe.

Loss of hand, 50 per cent of average weekly wages during 150 weeks.

Loss of arm, 50 per cent of average weekly wages during 210 weeks.

Loss of foot, 50 per cent of average weekly wages during 125 weeks.

Loss of leg, 50 per cent of average weekly wages during 200 weeks.

For loss of eye or complete loss of sight, 50 per cent of average weekly wages during 110 weeks.

Amputation or severance below elbow and wrist shall be considered as loss of hand. Amputation at or above

elbow considered as loss of arm.

Amputation between
Amputation

knee and ankle considered as loss of foot.
at or above knee considered as loss of leg.
For loss of hearing of both ears, 50 per cent of aver-
age weekly wages during 100 weeks.

For complete loss of hearing of one ear, 50 per cent of average weekly wages for 25 weeks.

Should employer and employee be unable to agree upon compensation to be paid in any case not covered by schedule, amount of compensation shall be settled in accordance as in other cases of agreement, in case of partial disability not covered by schedule workman shall receive during period of partial disability not exceeding 8 years, 60 per cent of difference between amount he was earning prior to said injury as in this act provided and amount he is able to earn after such injury.

(d) Total permanent disability. No compensation during first week of disability, but after expiration of first week, during such disability a sum equal to 60 per cent of average weekly earnings, but in no case less than $6.00 nor more than $15.00 per week. Payment of total permanent disability shall not extend over period exceeding 8 years from date of injury. Loss of both eyes, both hands, both arms, both feet or both legs shall, in abscence of proof to contrary, constitute permanent total disability. Substantial total paralysis or incurable imbecility or insanity, resulting from injury independent of other causes constitutes permanent total disability. All other cases shall be determined in accordance with the facts.

III. BASIS FOR COMPUTING COMPENSATION.

1. Average annual earnings shall be computed as follows: (a) where workman continuously employed by same employer for one year or longer, actual amount of money paid for services during year immediately preceding injury undiminished by loss due to unavoidable causes; (b) where workman employed less than year, 52 times average weekly amount which during twelve months immediately preceding accident was earned by person in same grade at same work, and if no person in same work, by some other employee in same district at same or similar work; (c) where concurrent contract, work at one time with one employer and at another time with another, earnings shall be computed as if earnings under all of such contracts were earnings in employment of employer for whom he was working at time of injury; (d) spe

cial expenses and gratuities not included as part of earnings, but reasonable value of board, rent, housing, lodging, fuel or other advantages, may be considered; (e) if arbitration or litigation is necessary to establish amount of compensation, credit should be given employer under acts prior to date of award.

2. The average weekly earnings shall be one fiftysecond part of his average annual earnings, computed as provided by paragraph 1.

3. In computing average earnings regard shall be had to earnings for what is commonly regarded as a day's work or week's work for employment on which average earnings are calculated.

4. If workman has suffered previous disability and receives later injury, his average earnings used as basis for compensation for later injury shall be such amount as will reasonably represent his earning capacity at time of later injury.

IV. LUMP SUM.

Where payments under award have been made for not less than six months, liability may be redeemed by employer at his option by payment of lump sum equal to 80 per cent of payments due, such amount to be determined by agreement. Upon payment, employer shall be discharged for liability.

V. WAITING PERIOD.

One week.

VI. NOTICE OF ACCIDENT-LIMITATIONS.

Proceedings for compensation not to be maintained unless written notice of accident has been given within ten days after accident and unless claim for compensation made within three months after accident and in case of death, six months. Notice shall be delivered by registered mail or by delivery to employer. Want of or defect in notice shall not be a bar unless employer projudiced thereby.

VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT.

Employers shall report annually to State Commissioner and Factory Inspector such reasonable particu

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