Workman.

Outworkers.

Injury.

Scope.

Employment.

Board.

Partial

ability.

Wages.

Surety.

who is virtually the proprietor or operator of the business there carried on, but who, by reason of there being an independent contractor, or for any other reason, is not the direct employer of the workmen there employed. If the employer is secured it includes his surety so far as applicable.

SEC. 110-b. "Workman" is used as synonymous with "employee" and means any person who has entered into the employ inent of, or works under contract of service or apprenticeship with, an employer. It does not include any person engaged in any of the excepted employments enumerated in section 3, unless an agreement as provided in said section is in force between employer and employee making the provisions hereof applicable, nor does it include a person whose remuneration exceeds twentyfour hundred dollars a year. Any reference to a workman who has been injured shall, where the workman is dead, include a reference to his dependents as herein defined, if the context so requires..or, where the employee is a minor or incompetent, to his committee or guardian or next friend.

A minor working at an age legally permitted under the laws of this State shall be deemed sui juris for the purpose of this act, and no other person shall have any cause of action or right to compensation for an injury to such minor workman except as expressly provided in this act, but in the event of a lump-sum payment becoming due under this act to such minor workman, the management of the sum shall be within the probate jurisdiction of the courts the same as other property of minors.

SEC. 110-c. An "outworker" is a person to whom articles or materials are given to be treated in any way on premises not under the control or management of the person who gave them out.

SEC. 110-d. "Injury" or "personal injury " includes death resulting from injury within two years.

SEC. 110-e. The words “personal injury by accident arising out of and in the course of such employment" shall include an injury caused by the willful act of a third person directed against an employee because of his employment. They shall not include a disease except as it shall result from the injury.

SEC. 110-f." Employment," in the case of private employers, includes employment only in a trade or occupation which is carried on by the employer for the sake of pecuniary gain. It shall also include any of the pursuits specified in section 3 when the employer and the employee shall have elected to come under the act as in said section provided.

SEC. 110-g. The word "board," whenever used in this act, unless the context shows otherwise, shall be taken to mean the industrial accident board.

dis- SEC. 110-h. "Partial disability." Diminished ability to obtain employment owing to disfigurement resulting from an injury may be held to constitute partial disability.

Number and

sex.

Provisions severable.

SEC. 110-i. “ Wages" shall include the market value of board, lodging, fuel, and other advantages which can be estimated in money which the employee receives from the employer as a part of his remuneration. "Wages" shall not include any sums which the employer has paid to the employee to cover any special expenses entailed on him by the nature of his employment.

SEC. 110-j. "Surety " shall include the State insurance manager, representing the State insurance fund, and also any com panies from any of which employers have obtained surety bonds or guaranty contracts in accordance with the provisions of this act.

SEC. 110-k. Any terms shall include the singular and both sexes where the context so requires.

SEC. 111. If any part or section of this act be decided by the courts to be unconstitutional or invalid, the same shall not affect the validity of the act as a whole, or any part thereof which can be given effect without the part so decided to be unconstitutional or invalid.

SEC. 112. If for the purpose of obtaining any benefit or payment under the provisions of this act, either for himself or for any other person, any one willfully makes a false statement or representation, he shall be guilty of a misdemeanor and he shall forfeit all right to compensation under this act after conviction for such offense.

False state

ments.

Prior

SEC. 113. The provisions of this act shall not apply to injuries sustained, or accidents which occur, prior to the taking effect juries. hereof.

in

SEC. 114. This act shall be so interpreted and construed as to Construction. effect its general purpose to make uniform the law of those States which enact it.

Appropria

SEC. 115. For the purpose of carrying out Part IX of this act there is hereby appropriated out of the funds in the State treas- tion, ury not otherwise appropriated, the sum of twenty thousand dollars or so much thereof as may be necessary to be placed in the State insurance fund and to be refunded as provided in section 89 of this act. There is also hereby appropriated out of the funds in the State treasury not otherwise appropriated the sum of fifteen thousand dollars, or so much thereof as may be necessary, to be placed in the industrial administration fund. SEC. 116. This act may be cited as the

sation act."

Workmen's compen

SEC. 117. Part IX of this act shall take effect on the first day of July, 1917; the remainder thereof shall take effect on the first day of January, 1918.

Approved, March 16, 1917.

Title.

Act in effect.

ILLINOIS.

ACTS OF 1913.

Compensation of workmen for injuries.

(Page 335.)

Election by

[This act is so extensively amended by acts of 1917, pp. 490 and 505, that it is reproduced throughout, in its amended form.] SECTION 1 (as amended by act, p. 505, acts of 1917). Any employer in this State, who does not come within the classes certain enumerated by section three (3) of this act, may elect to pro- ployers. vide and pay compensation for accidental injuries sustained by any employee arising out of and in the course of the employment according to the provisions of this act, and thereby relieve himself from any liability for the recovery of damages, except as herein provided.

(a) Election by any employer to provide and pay compensation according to the provisions of this act shall be made by the employer filing notice of such election with the industrial board.

(b) Every employer within the provisions of this act who has elected to provided [provide] and pay compensation according to the provisions of this act, shall be bound thereby as to all his employees covered by this act until January 1 of the next succeeding year and for terms of each year thereafter: Provided, Any such employer who may have once elected, may elect not to provide and pay the compensation herein provided for accidents resulting in either injury or death and occurring after the expiration of any such calendar year by filing notice of such election with the industrial board at least sixty days prior to the expiration of any such calendar year, and by posting such notice at a conspicuous place in the plant, shop, office, room or place where such employee is employed, or by personal service, in written or printed form, upon such employee, at least sixty (60) days prior to the expiration of any such calendar year.

em

How made.

Terms.

Notice of withdrawal.

em

(c) In the event any employer mentioned in this section, elects Presumption to provide and pay the compensation provided in this act, then as to ployees. every employee of such employer, as a part of his contract of hiring or who may be employed at the time of the taking effect of this act and the acceptance of its provisions by such employer, shall be deemed to have accepted all the provisions of this act and shall be bound thereby unless within thirty (30) days after such hiring or after the taking effect of this act, and its acceptance by such employer, he shall file a notice to the contrary with the industrial board, whose duty it shall be to immediately notify the employer, and until such notice to the contrary is given to the employer, the measure of liability of such employer shall be determined according to the compensation provisions of this act: Provided, however, That any employee may withdraw from the operation of this act upon filing a written notice of withdrawal at least ten (10) days prior to January 1st of any year with the industrial board, whose duty it shall be to immediately notify such employer by registered mail, and, until such notice to the contrary is given to such employer, the measure of liability of such employer shall be determined according to the compensation provisions of this act.

(d) Any such employer or employee may, without prejudice to any existing right or claim, withdraw his election to reject this

Notice withdrawal.

of

Employments automatically covered.

Pleading.

act by giving thirty (30) days' written notice in such manner and form as may be provided by the industrial board.

SEC. 2. (Repealed.)

SEC. 3 (as amended by act, p. 505, acts of 1917). The provisions of this act hereinafter following, shall apply automatically, and without election to all employers and their employees engaged in any of the following enterprises or businesses which are hereby declared to be extra hazardous, namely:

1. The erection, maintaining, removing, remodeling, altering or demolishing of any structure, except as provided in subsection 8 of this section.

2. Construction, excavating or electrical work, except as provided in subsection 8 of this section.

3. Carriage by land or water and loading or unloading in connection therewith.

4. The operation of any warehouse or general or terminal store houses.

5. Mining, surface mining or quarrying.

6. Any enterprise in which explosive materials are manufac tured, handled or used in dangerous quantities.

7. In any enterprise wherein molten metal, or explosive or inJurious gases or vapors, or inflammable vapors or fluids, or corrosive acids, are manufactured, used, generated, stored or conveyed in dangerous quantities.

8. In any enterprise in which statutory or municipal ordinance regulations are now or shall hereafter be imposed for the regulating, guarding, use or the placing of machinery or appliances or for the protection and safeguarding of the employees or the public therein; each of which occupations, enterprises or businesses are hereby declared to be extra hazardous: Provided, Nothing contained herein shall be construed to apply to any work, employment or operations done, had or conducted by farmers and others engaged in farming, tillage of the soil, or stock raising, or to those who rent, demise or lease land for any such purposes, or to any one in their employ or to any work done on a farm or country place no matter what kind of work or service is being done or rendered.

SEC. 3% (added by act, p. 490, acts of 1917). (a) If the plaintiff in any action mentioned in section 3 shall in his declaration or in his other pleading allege that the employer has filed notice of his election not to provide and pay compensation according to the provisions of the workmen's compensation act and such allegation be not denied by a verified pleading, then such employer shall for the purposes of that action be conclusively presumed to have filed his notice of nonelection. Certificate (b) A certificate of the fact of the filing by an employer of the notice of nonelection provided in section 2 and of the nonwithdrawal thereof shall be prima facie proof in any action mentioned in section 3 of the fact of the filing of such notice of nonelection and of the nonwithdrawal thereof. Such certificate may be under the seal of the industrial board and signed by any member or the secretary thereof, of which seal and signature as such officer the court shall take judicial notice. Said certificate may be in substantially the following form:

of nonelection.

day of

This is to certify that the attached is a correct copy of notice filed with the industrial board by on the 19_-, electing not to provide and pay compensation according to the provisions of the workmen's compensation act of Illinois, and that the original of said notice is now on file in the office of the industrial board and has not been withdrawn since the date of the filing thereof.

In witness whereof, this certificate has been subscribed and the seal of the industrial board affixed this_-_day of---- 19

of Industrial Board.