The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-08-14
JOHN MITCHELL,
Sunday Among



receive a pension or remuneration for
injuries which were just as inevitable.
Provisions of Bill.
The English law followed in this pre-
cedent and adopted this philosophy.
According to the most learned British
jurists, the workmen's compensation
act of 1897 introduces for the first time
in the history Of English jurisprudence
a liability upon an individual TO pay
compensation for personal injuries
which are not the result OF any negli-
gence or other unlawful act either Of
himself or Of his servants"
The bill provides certain definite com
pensation for the death or wounding OF
workmen engaged in certain occupations,
irrespective Of whether the employer has
or has not been guilty of negligence,
provided. however. that the injury to
the workman has not been the result OF
his own willful and serious misconduct.
The workmen's compensation act of
1897 does not apply 20 all worlSmen IN
| England, but it is limited to certain in
! dustries which include tho most dan
! gerous.
/ i I
dries Cbut not workshops) mines, quar-
ries and engineering works. and en-
! braced at the time OF it's adoption about
cne-half OF all British workers
In 1900 it was extended 70 include agri-
cultural workers. so that its scope is
stin larger than formerly.
Regular Insurance.
It insures against all accidents, but not
| against injuries to the health arising
from the nature OF the work. The in
| jury must arise out Of and IN the course
/ OF the employment and must not be the
! result OF some action taken outside Of
working hours. or outside OF the regular
/ employment.
The cause OF accident Is immaterial
and the ordinary negligence OF the work
man does not prevent him from secur-
/ ing compensation. so long as IL does
not amount to willful and serious mis-
/ conduct.
/ The employer IS not liable for any
! injury which does not disable the work
man for a period Of at least two weeks
/ from earning full wages at the work
at which he was employed
| The object Of this provision is to pre-
vent demands being made for slight in
| juries. and frequently the workman can
secure compensation from his union for
( injuries during the first two weeks
Rights to Sue.
The worHmens compensation act
does not take away from the work
man the right TO sue under the common
law or under the act Of 1880, but merely
gives him a new and alternative method
of proceeding.
He may attempt 10 secure compensa-
ton in any one Of the three methods
but not by more than one Of them. II
action is TO be taken under the work
mems compensation act. however. the
employer must be notified within a
short time Of the accident, and az some
time previous 10 the workman leaving
his employ. and proceedings must be
begun within six months.
The matter may be settled between
the employer and the workman by
/ agreement. but upon failure 10 reach q
satisfactory settlement, provision Is
made for an arbitration which removes
the matter from the law courts ale
makes the proceedings more expedition.
and more economical than they other
wise would be.
For Arbitration.
IL would be wiser, however, IL a per.
manent board Of arbitration had beer
provided for the control OF all cases
and II the practice Of engaging lawyer.
TO try the cases had been discourage,
from the first The employer is IiabI,
} ] even where the workman has beer
hired by a subcontractor under him
, the injured workman thus being sure o.
, being paid. although provision is also
made in the law by which the employer
! may himself recover frCm the subcon
tractor. This prevents a workingmar
falling 10 secure compensation owing {,
: there being a straw subcontractor be
r tween him and his real employer.
Rates Of Remuneration.
The rate Of remuneration for person.
2 who are killed depends upon whether o
! not they have other persons dependen
upon them. II the workman leaves an,
5 persons who are wholly dependent upol
? his earnings at the time Of his death
. they must be paid a sum equal TO hi
8 earnings during the last three years o
+ his employment. or il he has been EN-
ployed less than that time, a sum Is
: times as great as his average week.,
1 earninszs provided. however. that thi