WORKMEN'S COMPENSATION LAWS OF FOREIGN Not only has the compensation idea spread rapidly in the United States, but in the provinces to the north and the countries to the south the principle has received added recognition. In addition to the laws analyzed in Bulletin No. 203, pages 306-350, the Republic of Chile has enacted a law for the first time, while Alberta, Manitoba, and New South Wales have enacted new laws. Austria also made important changes in its law. New Brunswick changed its liability law to a compensation law by an amendment of 1916, which established the principle of automatic compensation in lieu of that of suits for damages, and in 1918 enacted an entirely new compensation law. Analyses of these laws are given, and the correction of certain errors which appeared in Bulletin 203, and the results of amendments, so far as known, are also noted. ALBERTA. Date of enactment.-April 13, 1918; in effect as to mines, coke ovens, etc., August 1, 1918; as to other industries covered, January 1, 1919. Supersedes act of March 8, 1908. Injuries compensated.—Injuries due to industrial disease or to accident arising out of and in course of employment, causing death or disability for more than three days, except injuries due to the serious and willful misconduct of the workman, unless resulting in death or serious disablement. Industries covered.-Transportation by land or water (certain railways excepted), factories, mills, mines, quarries, engineering work, building, telegraph and telephone systems, public utilities, power laundries, etc., also occupations incidental to the enumerated industries. Persons compensated.--Employees in the industries covered except outworkers, clerks not exposed to the hazards of the industry, and persons whose employment is casual and not for the purpose of the trade or business. Government employees.-Included if in industries covered. Burden of payment.-All on employer. Compensation for death: (a) Necessary burial expenses, not exceeding $75. (b) To widow or invalid widower, $20 per month, and $5 additional for each child under 16; if children only, $10 each per month, no total to exceed $40. (c) To other dependents a reasonable sum, proportional to the pecuniary loss, not over $20 per month to a parent or parents, and not over $30 in all. (d) If no dependents, reasonable expenses of care, nursing, etc. Payments are terminated by death or when a child reaches the age of 16, unless an invalid. Widows remarrying receive two years' benefits in lieu of further compensation. Payments to other dependents continue only so long as support might reasonably have been expected had the injured person lived. No total may exceed $2,500. Compensation for disability: (a) Special medical or surgical aid where in the opinion of the board it would conserve the accident fund. (b) For total disability, $10 per week, during its term, or if there is a child or children, $12 per week, not to exceed $2,500 in any case. Minors without dependents receive $7.50 per week for temporary disability. 96 (c) For partial disability causing at least 10 per cent reduction of earning capacity, benefits equal to 55 per cent of the weekly wage loss; schedule for designated maimings. Any periodical payment may be commuted to a lump sum. Revision of compensation.-Payments to a workman may be reviewed at his request or on the motion of the board. Payments to dependents may be readjusted on the termination of payments to any one of them. Insurance. All employers under the act are liable to contribute to a fund managed by a compensation board, from which benefits are to be paid. Security of payments.-The fund is under State management, and in case of a deficit money may be advanced out of the consolidated revenue fund of the Province. Payments may not be assigned or attached. Settlement of disputes.-All matters arising under the act are to be disposed of exclusively and finally by the Workmen's Compensation Board. AUSTRIA. Date of enactment.-December 28, 1887; in effect November 1, 1889. Amendatory and supplementary acts, March 30, 1888, April 4 and July 28, 1889, January 17, 1890, December 30, 1891, September 17, 1892, July 20, 1894, July 12, 1902, August 9, 1908, February 8, 1909, April 29, 1912, February 11, 1913, and August 21, 1917. Injuries compensated.—All injuries causing death, or disability for more than three days, received in the course of employment, including going to and returning from work, unless caused intentionally. Industrics covered.-Mining, quarrying, stonecutting, manufacturing, building trades, transportation, storage, theaters, chimney sweeping, street cleaning, dredging, well digging, etc.; agricultural and forestry establishments using machinery; operating motor vehicles; fishing on the high seas; also domestic and other services performed by insured employees, at employer's instance. Persons compensated.-All workmen and technical officials regularly employed, but in agriculture and forestry only employees exposed to machinery. Government employees.-Act applies to Government employees unless an equal or more favorable compensation is provided by other laws. Burden of payment.-Medical and surgical treatment for 20 weeks and compensation for 4 weeks of disability paid by sick funds, to which employers contribute one-third and employees two-thirds. Compensation for disability after fourth week, and for death, paid by associations supported by employers. Compensation for death: (4) Funeral expenses not to exceed 100 crowns ($20.30). (b) Pensions, not to exceed two-thirds of earnings of deceased, toWidow, 20 per cent until death or remarriage; in the latter case a lump sum equal to three annual payments; to dependent widower, 20 per cent during disability. Each legitimate or legitimated child, 15 years of age or under, 15 per cent when one parent survives and 20 per cent when neither survives; and the same to each illegitimate child whose paternity is acknowledged or legally established; pensions of widow (or widower) and children reduced proportionately if over two-thirds of wages. (c) When pensions as above do not equal two-thirds of the wages, dependent ascendants receive pensions, not to exceed 20 per cent of earnings of deceased. Grandchildren and brothers and sisters substantially supported may receive benefits in a like amount, until the age of 15; or if unable to earn, during disability. (d) In computing pensions, the excess of the annual earnings over 3,600 crowns ($730.80) is not considered. Compensation for disability: (4) Medical and surgical attendance for 20 weeks, paid by sick benefit fund. (c) For partial disability, benefits consist of a portion of above allowance, (d) In computing payments, the excess of annual earnings over 3,600 crowns ($730.80) is not considered. Revision of compensation.-Reconsideration of the case may be undertaken by the insurance association of its own will, or upon petition. Insurance.-Payments are met by mutual insurance associations of employ ers for each district in which all employees are required to be insured. Security of payments.-Operations of insurance associations are conducted under supervision of minister of interior, who may increase assessments. Settlement of disputes.-Arbitration courts are composed of an officer appointed by the minister of justice, two experts by the minister of interior, and one representative each of the employers and the employees. BULGARIA. The note in Bulletin No. 203, relating to the law of Bulgaria, should give the date of enactment as March 7, 1909, as it appears in Bulletin No. 126, instead of 1900. CHILE. Date of enactment.-December 22, 1916; in effect July 1, 1917. Injuries compensated.--Accidents arising out of or directly caused by the work of the establishment, causing death or injury, excepting those due to force majeure, without any connection with the work being executed, or those intentionally brought about by the employee, or through fault or culpability of the injured person or of a third party. Industries covered.-Those having a permanent character and employing more than 10 persons, including salt works, salt mining, quarries, mines and metallurgical establishments; loading and unloading; manufacture and handling of explosive, inflammable, noxious and toxic materials; construction, repair and maintenance of public works, railroads, docks, roads, bridges, canals, dikes, wharves, aqueducts, sewers, etc.; maritime and land transportation; and in general all enterprises, including agriculture, employing mechanical power. Persons compensated.-All workmen and employees, including apprentices and persons receiving no wages, engaged in establishments covered. Burden of payment.―The entire cost rests upon the employer. Compensation for death: (a) Funeral expenses not exceeding 100 pesos ($36.50). (b) To a widow, or a widower incapacitated for labor, a life annuity Compensation for disability: (a) Medical, pharmaceutical, and hospital aid. (b) For permanent total disability a life annuity equal to one-half of annual earnings. (c) For permanent partial disability a compensation not exceeding twice the annual earnings. (d) For temporary disability a compensation of 50 per cent of daily wages during disability. Minimum and maximum annual earnings as a basis for calculating compensation are 1,600 pesos ($584), and 2,400 pesos ($876), respectively. Revision of compensation.-No provision is made in the law. Insurance. The employer may transfer burden of payment to a recognized mutual association or a Chilean insurance company. Security of payments.-In case the employer ceases the operation of his establishment he must deposit in the savings fund organized by the mortgage bank a capital sum equal to all deferred payments, as determined by the official mortality tables and other prescribed conditions. GREAT BRITAIN. An amendment to the British compensation act, known as the workmen's compensation (war addition) act, 1917, increases by one-fourth the payments normally due for cases of total incapacity. The act came into effect September 1, 1917, the increase being applicable to all such cases whether the incapacity arose before or after the commencement of the act. The act is to continue in force during the continuance of the present war, and for six months thereafter. ITALY. Paragraph in Bulletin No. 203, headed "Date of enactment," should read: March 17, 1898; in effect September 30, 1898. Amended June 29, 1903. Promulgated in codified form January 31, 1904. Supplementary acts, July, 1904, and July 14, 1907. MANITOBA. Date of enactment.-March 10, 1916; in effect March 1, 1917;, amended March 9, 1917. Supersedes act of March 16. 1910. Injuries compensated.-Injuries arising out of and in course of employment, causing death, or disability for more than six days, and not due solely to the serious and willful misconduct of the employee, unless resulting in death or serious disablement. Industrial diseases are included. Industries covered.-Schedule covers manufacturing, lumbering, mining, quarrying, transportation, construction work, warehousing, operation of public utilities, fishing, etc. Domestic and agricultural service are excluded. Persons compensated.-Operators of freight and passenger elevators in all industries; all employees in the industries covered, including apprentices, but excepting outworkers and those engaged in clerical work and not exposed to the hazards of the industry. Persons whose employment is casual and not for the purposes of the employer's trade or business are excluded. Government employees.-Included if the employment is such that if in private employment the law would apply. Burden of payment.-All on the employer. Compensation for death: (a) Reasonable expenses of burial, not exceeding $75. (b) To a widow or invalid widower alone, $20 per month; for each child under 16 years of age, $5 additional, not over $40 per month in all. To orphan children, $10 per month to each child under 16, the total not to exceed $40. To other dependents, if there are none of the above, an amount proportionate to the pecuniary loss, not more than $20 per month to a parent or parents, not over $30 in all, for such time as support might reasonably have been expected if decedent had lived. Payments to children cease at 16, and to a widow on remarriage, but she then receives a lump sum equal to two years' payments. Payments may not exceed 55 per cent of the average earnings of the deceased, pro rata reductions being made if necessary. Compensation for disability: (a) Necessary medical care and maintenance, not over $100. (b) For total disability, 55 per cent of the average weekly earnings during its continuance, payments not to be less than $6 weekly unless the earnings are less, when the benefits shall equal the earnings. (c) For partial disability, 55 per cent of the wage loss during the continuance of such disability; if the impairment does not exceed 10 per cent, a lump-sum settlement may be made. Wages in excess of $2,000 per annum shall not be considered in computing payments. Payments may be commuted to a lump sum, but only with the consent of the beneficiary. Revision of benefits.-Payments may be reviewed from time to time at the request of either employer or workman, and varied or terminated according to the findings. Insurance.-Insurance must be taken in an approved company; the form of policy must be satisfactory to the board, but approved employers may carry their own insurance. Security of payments.-Insurance companies and self-insuring employers must contribute to a fund to be available for immediate payments on account of compensation due. Payments of not over $500 are entitled to priority over other debts in assignments, etc. Security for future payments must be given in cases of permanent disability or death. Payments are not subject to assignment or attachment. Settlement of disputes.-Disputes are settled by a workmen's compensation board, which has exclusive and final jurisdiction in all matters. NEW BRUNSWICK. Date of enactment.-April, 1918; in effect on a day to be named by the Lieutenant Governor. Injuries compensated.-Personal injury due to accident or industrial disease (as classified by the regulations), arising out of and in course of employment, causing death, or disability for more than seven days, unless intentionally caused by the workman, or due wholly or principally to his intoxication or serious or willful misconduct, or to a fortuitous event unconnected with the industry. Industries covered.-Mining, quarrying, manufacturing, building, engineering, transportation, public utilities, lumber and fuel yards, passenger and freight elevators, public amusements, etc. Agriculture and domestic service and lumbering, logging, stream driving and directly associated operations excluded. Persons compensated.-Employees in the industries covered, except clerks and salesmen, persons whose employment is casual and not for the purposes of the industry, outworkers, policemen and firemen, and members of the employer's family. Government employees.-Included in so far as engaged in the industries cov ered. Burden of payment.-All on the employer. Compensation for death: (a) Burial expenses not to exceed $75. (b) To a widow or invalid widower, $20 per month, and $5 additional for each child under 16 years of age, not to exceed 55 per cent of the employer's wages, nor $3,500 in all. (c) To other dependents, amounts proportionate to the assistance furnished. On the remarriage of a widow, payments of two years' benefits terminate the compensation. Payments to children cease at 16, and to other dependents on the expiration of the period during which payments from the employee might reasonably have been expected had he lived. Compensation for disability: (a) Special surgical or medical treatment where in the opinion of the board it will conserve the accident fund. The board may establish regulations requiring first aid to be supplied. (b) For total disability, 55 per cent of the employee's wages, not less than $6 per week nor more than $125 per month, during the continuance of such disability, but not to exceed $3,500. (c) For temporary partial disability, 55 per cent of the wage loss, if more than 10 per cent reduction, wages in excess of $125 per month not to be considered. (d) For permanent partial disability, awards proportionate to the reduced earning capacity and degree of disfigurement, not over $1,500 in all. Any periodical payment under the act may be commuted to a lump Revision of compensation.-The board may review claims and awards at any time. Insurance.-All employers are required to insure in a Provincial accident fund. sum. Security of payments.-Accident fund managed by Provincial board. Collec tion of premiums may be enforced. Settlement of disputes.-Disputes are settled by a workmen's compensation board, with appeal to the supreme court on questions of law. |