COMPENSATION LAWS IN TWENTY STATES

The 1913 legislative session has so far raised the number of state

compensation acts in the United States to almost a score. West Virginia

was the first this year to pass such a law, which was signed by the

governor on Washington’s Birthday, though it will not go into effect

until October. It creates a pseudo-elective insurance fund contributed

by employers and employes, to be administered by a Public Service

Commission created at the same time, all administrative expenses to be

met by the state and not out of the fund. The commission shall each year

determine the premium rates of the twenty-three classifications into

which the law divides the industries of the state. Election to pay to

the fund, on the part of employer and employe—10 per cent only is to be

paid by the latter—does away with the right to go to law.

Medical benefit under the law shall not exceed $150, and funeral

expenses shall not exceed $75. The money benefits, which do not begin

till one week has elapsed, are 50 per cent of wages or wage loss for

disability. In case of death the benefits in some cases are 50 per cent

of wages and in others a sum of $20 a month for one dependent and $5

additional for each additional dependent with a maximum of $35 is

reached. Non-resident aliens are in express terms included as

beneficiaries.

In Oregon a law establishing a state accident insurance fund was passed

shortly after that of West Virginia. This is to be administered by a

commission of three whose salaries are to be paid out of the fund. The

fund is made up of contributions by employers and employes—in hazardous

occupations the former furnish twice as much as the latter in amount—to

which the state adds an initial contribution of $50,000 and one seventh

of the total amount each year thereafter.

This act like that of West Virginia is pseudo-elective, election being

presumed on both sides in default of written rejection. In case of

accidents due to failure to provide proper safeguards, however, this

election can be waived and the workman can then sue under a liability

law with the customary defenses removed. Benefits which begin

immediately are more generous than under the West Virginia law. In case

of death one surviving dependent is to receive $30 a month, with $6 for

each additional dependent up to $50; parents of a minor workman to

receive $25 a month until he would have reached his majority.

Payments for total disability are much the same as to dependents on

decease. Partial temporary disability is to be compensated for a limited

period with “that proportion of the payments provided for total

disability which his earning power at any kind of work bears to that

existing at the time of the occurrence of the injury.” Lump sum payments

may be made to beneficiaries out of the state, a provision which must

include non-resident aliens.

The Oregon law provides funeral expenses not to exceed $100 and contains

a clause, such as was defeated in the Washington law on which it was

modelled, giving the commission authority to provide first aid to

workmen entitled to benefits under the act, together with medical and

surgical expenses up to the sum of $250.

In March a further step in compensation legislation was taken by the

Ohio legislature when it established, in place of its elective law, a

compulsory state insurance fund contributed by employers in all

industries. Comment on this act by the state actuary will be published

later. According to latest reports laws were on the eve of passing in

Arkansas, Iowa, Minnesota, Nebraska and Texas.

In New York a compensation bill was passed at the close of the session.

It is pseudo-elective in form and provides benefits of 50 per cent of

the employe’s wages up to $10 a week.

The Survey, Volume 30, Number 6, May 10, 1913 · 第 6 / 122 题