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النشر الإلكتروني

DELAWARE.

Date of enactment.-April 2, 1917; in effect January 1, 1918.

Injuries compensated.-Injuries by accident arising out of and in course of employment, causing disability for more than 14 days, or death, and not due to the employee's intoxication or willful negligence or intent to injure himself or another.

Industries covered.—All, except agriculture and domestic service, in which five or more persons are employed, unless contrary election is made.

Persons compensated.-Private employment: All persons under contract for hire for a valuable consideration except casual employees not in the regular course of the trade or business of the employer, and outworkers. ployment: Not included.

Burden of payment.—All on the employer.
Compensation in case of death:

(a) Funeral expenses, not exceeding $100.

Public em

(b) To the widow or widower alone, 25 per cent of the wages of the de-
ceased employee; if one child, 40 per cent, and 5 per cent for each
additional child; not over 60 per cent in all. If one or two orphan
children, 25 per cent, and 10 per cent for each additional child, the
total not to exceed 60 per cent. If none of the foregoing, and a
dependent parent or parents survive, 20 per cent; if no parents, and
dependent brothers or sisters, 15 per cent for one, with 5 per cent
for each additional, the total not to exceed 25 per cent.
Payments are for a period of 270 weeks, minus any disability benefits
paid the injured person prior to his death, but cease on the death
of a beneficiary, the remarriage of a widow or widower, or on a
child attaining the age of 16 years; but orphan children or those
abandoned by the surviving parent continue to receive benefits
until the age of 16, regardless of the limitation of 270 weeks.
Wages used in computing death benefits shall be reckoned as not
less than $8 nor more than $20 per week.

Compensation for disability:

(a) Medical and surgical aid as may be reasonably required during the first 14 days, if so requested by the employee or ordered by the board, but not to exceed $25.

(b) For total disability, for the first 270 weeks, 50 per cent of the injured person's wages, not more than $10 nor less than $4 per week, unless the wages were less than $4, when full wages shall be paid. After 270 weeks, 20 per cent of the wages during life, not more than $6 nor less than $2 per week, unless the wages were less than $2, when the full amount of the wages shall be paid, the total not to exceed $4,000.

(c) For partial disability, 50 per cent of the wage loss, not more than $10 per week, for not more than 270 weeks; for specified injuries, 50 per cent of the wages for fixed periods, in lieu of all other payments, the amount to be not more than $10 nor less than $4 per week, unless the wages were less than $4, when the full wages shall be paid.

Periodical payments may be commuted to lump sums on the application of either party, with due notice to the other.

Revision of benefits.—On application of any party in interest, but not oftener than once in six months, a review of awards may be had and changes made as the condition of the injured person or the status of beneficiaries may warrant. Insurance. Insurance is required in an approved organization, unless adequate proof of the employer's financial ability to meet obligations is furnished. Self-insurers may be required to give bond or make a deposit to secure the payment of liabilities.

Security of payments.-Policies must inure directly to the benefit of the person entitled to compensation. Payments have the same priority as wage debts, and are not subject to assignment or execution.

Settlement of disputes.-Disputes are settled by the State industrial accident board, subject to appeal to the courts, to be tried without the aid of a jury.

HAWAII.

Date of enactment.-April 28, 1915; in effect July 1, 1915; amended, act No. 227, acts of 1917.

Injuries compensated.--Personal injury by accident arising out of and in course of employment, including occupational diseases, causing disability for more than seven days or death within six months, and not due to the employee's intention to injure himself or another or to his intoxication.

Industries covered.—All public and all industrial employment for pecuniary

gain.

Persons compensated.-Private employment: All persons under contract of employment or apprenticeship, other than casual employees, whose pay does not exceed $36 per week. Public employment: All except elective officials and employees who receive salaries in excess of $1,800 per year. Burden of payment.-All on employer.

Compensation for death:

(a) $100 funeral expenses.

(b) 40 per cent of the average weekly wages to widow or dependent widower alone, 50 per cent if one or two dependent children, 60 per cent if three or more; 30 per cent to one or two orphans, 10 per cent additional for each child in excess of two, total not to exceod 50 per cent. If no consort or child, but other dependents, 25 to 40 per cent.

(c) Payments to widow cease on death or remarriage, and to widower on termination of disability or remarriage; to child on reaching age of 16, unless incapable of self-support, when they may continue to 18; to other beneficiaries, on termination of disability; no payments except to children to continue longer than 312 weeks. Basic wages not less than $5 nor more than $36 weekly.

Compensation for disability:

(a) Reasonable surgical, medical, and hospital services during disability, not exceeding $150 in amount.

(b) For total disability, 60 per cent of weekly wages, $3 minimum, $18 maximum, for not longer than 312 weeks; total not to exceed $5,000. If wages are less than $3, full wages will be paid unless disability is permanent, when $3 will be paid.

(c) For partial disability, 50 per cent of wage decrease, $12 maximum, not over 312 weeks, total not to exceed $5,000. Fixed awards are made in lieu of all other payments for specified injuries.

Payments may be commuted to one or more lump sums in any case. Revision of benefits.—Agreements or awards may be reviewed at any time, but not oftener than once in six months.

Insurance.-Private employers must carry insurance, secure guaranty insurance, deposit security, or furnish proof of financial ability to make payments. Security of payments.-Payments are preferred claims, the same as wage debts. Employees have direct recourse to insuring company; insolvency of employer does not release insurer.

Settlement of disputes.-Industrial accident boards for each county; appeals to courts.

IDAHO.

Date of enactment.-March 16, 1917; in effect January 1, 1918. Injuries compensated.—Injury by accident arising out of and in course of employment, not due to the employee's willful intention to injure himself or another or to his intoxication, causing death, or disability for more than seven days.

Industries covered.-Compulsorily, all public employment and all private employments carried on by the employer for pecuniary gain, except agricultural and domestic service and employment by charitable organizations. Exempted industries may come under the act by written agreement of both parties.

Persons compensated.-Private employment: All employees except casual, outworkers, persons earning more than $2,400 per annum, and members of the employer's family dwelling in his house. Public employment: All except those receiving salaries in excess of $2,400 per annum and elected officials.

Burden of payment.-All on employer; but provision may be made for employees to contribute to a hospital fund.

Compensation for death:

(a) Burial expenses not to exceed $100.

(b) To a dependent widow or widower alone, 45 per cent of the employee's average weekly wages; if a child or children, 55 per cent. Orphan children receive 25 per cent if one, and 10 per cent additional for each child more than one, the total not to exceed 55 per cent. To a dependent parent or parents, any sum not paid to the foregoing, the total not to exceed 55 per cent of the weekly wages; or if none of the foregoing dependents, 25 per cent to one dependent parent or 20 per cent to each if both are dependent. Also, other dependents may receive benefits within the 55 per cent limits, if any sum remains.

(c) If there are no dependents, the employer shall pay $1,000 into the industrial administration fund.

(d) No payment shall extend beyond 400 weeks, and shall terminate on the death or remarriage of a widow or widower, on a child reaching the age of 18 unless incapable of self-support, or on a parent or grandparent ceasing to be dependent. Benefits terminating before the end of 400 wecks may be reapportioned.

Death benefits may not exceed $12 per week nor be less than $6, or the actual weekly earnings if less than $6.

Compensation for disability:

(a) Reasonable medical, surgical, and hospital service, and crutches and
apparatus as may be required or requested at the time of the
injury and for a reasonable period thereafter.

(b) For total disability, 55 per cent of the injured person's wages, not
less than $6 nor more than $12 for 400 weeks, and $6 per week
thereafter. For temporary disability the benefits shall not exceed
wages, but for permanent disability they shall not be less than $6.
(c) For partial disability, 55 per cent of the wage loss for not more than
150 weeks; schedule for designated permanent partial disabilities,
ranging from 3 to 200 weeks, in lieu of other payments.

Lump-sum settlements may be approved for part or all the benefits,
for either disability or death.

Revision of benefits.-Agreements or awards may be reviewed on the application of either party, but not oftener than once in six months.

Insurance.-Employers must insure in the State insurance fund or deposit satisfactory security or surety bond to guarantee payments.

Security of payments.-Policies of insurance in the State fund and all guarantee contracts must provide that the employee may have direct recourse thereto, and the insolvency of the employer is no release of his surety. Benefits have the same priority as wage payments, and are exempt from assignment, attachment, etc.

Settlement of disputes.-The act is administered by an industrial accident board. Agreements between employers and employees must be approved by this board. On failure to agree, a committee of arbitration must be formed, whose award is valid unless a review by the board is requested within 30 days. A limited appeal from the findings of the board may be taken to the courts.

ILLINOIS.

Date of enactment.-June 10, 1911; in effect May 1, 1912. New act, June 28, 1913; in effect July 1, 1913; amended June 28, 1915, May 31, and June 25, 1917. Injuries compensated.—Accidental injuries arising out of and in the course of employment causing permanent disfigurement, disability of over six working days, or death.

Industries covered.--Public employment; the building trades; construction, excavating and electrical work; transportation; mining and quarrying; work with or about explosives, molten metals, injurious gases or vapors, or corrosive acids, and all enterprises in which the law requires safety devices. Other employers may elect, but forfeit no defenses if they do not.

Persons compensated.—Private employment: All employees except those not engaged in the usual trade, etc., of the employer. Public employment: All persons employed by the State, county, municipality, etc., except officials. Burden of payment.-Entire cost rests on the employer.

Compensation for death:

(a) To persons wholly dependent, a sum equal to four years' earnings, not less than $1,650 (to a widow with one child under 16, $1,750, and if two or more children, $1,850), nor more than $3,500 (to a widow with one child under 16, $3,750, and if two or more children, $4,000). (b) If only dependent collateral heirs survive, such a percentage of the above sum as the support rendered during the last two years was of the earnings of the deceased.

(c) If no dependents, a burial benefit not exceeding $150. Compensation for disability:

(a) Medical and surgical aid for not over eight weeks, and not over $200 in value.

(b) For total disability, beginning with eighth day (second day if permanent), a weekly sum equal to 50 per cent of the employee's earnings, $6 minimum, $12 maximum, during disability or until payments equal a death benefit; thereafter, if the disability is permanent, a sum annually equal to 8 per cent of a death benefit, but not less than $10 per month.

(c) For permanent partial disability, 50 per cent of the loss of earning capacity, but not more than $12 per week.

(d) For certain specified injuries (mutilations, etc.), a benefit of 50 per cent of weekly wages for fixed periods, in addition to temporary total disability payments.

(e) The basis of 50 per cent shall be increased 5 per cent for each child under 16 years of age, the maximum to be 65 per cent. The minimum sum of $6 per week is to be increased 50 cents for each such child, the total not to exceed $7.50. The maximum weekly payment of $12 is to be increased $1 per week for each such child, the total not to exceed $15.

(f) For serious and permanent disfigurement, not causing incapacity and not otherwise compensated, a sum not exceeding one-fourth the death benefits.

No payments are to extend beyond eight years, except in case of permanent total incapacity.

Lump-sum payments for either death or disability may be substituted by the industrial board for periodic payments.

Revision of benefits.-Medical examination may be had not oftener than every four weeks. The industrial board may, on request, review installment payments within 18 months after the award or agreement thereon.

Insurance. The employer must insure, furnish proof of ability to pay, or make other provision for security of payment; or he may maintain a benefit system, but may not reduce his liability under the act.

Security of payments.-In case of insolvency, awards constitute liens upon all property of the employer within the county, paramount to all other claims, except wages, taxes, mortgages, or trust deeds.

The rights of an insolvent employer to insurance indemnities are subrogated to injured employees.

Settlement of disputes.-Disputes are determined by the industrial commission through an arbitrator or arbitration committee, subject to review by the board. Questions of law may be reviewed by the courts.

INDIANA.

Date of enactment.-March 8, 1915; in effect September 1, 1915; amended. chapters 63, 81, 165, acts of 1917.

Injuries compensated.-Personal injury causing disability for more than seven days, or death by accident arising out of and in course of employment, not due to willful misconduct, intention to injure self, intoxication, or willful failure or refusal to use safety appliance or perform duty required by statute. Industries covered.—All except interstate and foreign commerce, for which Federal laws make provision, railroad employees engaged in train service, and domestic and agricultural labor, unless employer makes contrary election; compulsory as to State and its municipalities.

Persons compensated.-Private employment: All employees and contractors' employees engaged upon the subject matter of the contract; casual employees are excepted. Public employment: All employees.

Burden of payment.-All on employer.
Compensation for death:

(a) $100 for funeral expenses, if death from the injury occurs within 300
weeks.

(b) 50 per cent of weekly wages to persons wholly dependent; to those partially dependent, amounts proportionate to decedent's contributions to their support. The term of payment is limited to 300 weeks from the receipt of the injury.

(c) Payments cease on remarriage of widow or dependent widower, or on children attaining the age of 18 years, unless mentally or physically disabled for earning. Wages are to be considered as not above $24 nor less than $10 weekly, no total to exceed $5,000.

Compensation for disability:

(a) Medical and hospital services for first 30 days, and longer at option of employer; employees must accept unless otherwise ordered by industrial board.

(b) For total disability, 55 per cent of wages for not more than 500 weeks. (c) For partial disability, 50 per cent of wage loss for not more than 300 weeks.

(d) For certain specified injuries, 55 per cent of wages for designated periods ranging from 15 to 200 weeks in lieu of all other payments. Wage basis and total amounts are limited as for death benefits. Any payments may be commuted to a lump sum after 26 weeks. Revision of benefits.—Awards may be reviewed at any time by industrial board on its own motion or the request of either party, but without retroactive effect.

Insurance. Required unless satisfactory proof of financial ability to meet payments is furnished.

Security of payments.-Contracts of insurance must inure directly to the benefit of the person entitled to payments under an award. Payments have same preference and priority as unpaid wages, and are exempt from claims of creditors.

Settlement of disputes.-Disputes are determined by the industrial board, with appeal to courts on questions of law.

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